Upsight Privacy Policy

 

Effective Date: March 17, 2014
This privacy policy (“Policy“) explains how personal information is collected, used, and disclosed by Upsight, Inc., a Delaware corporation (“Upsight“, “we” or “us“), when you access the Upsight web site at www.Upsight.com (the “Site“) or interact with the Upsight analytics and marketing platform (the “Upsight Platform“). The Upsight Platform provides tools to application providers (“Publishers”) to enable them to better understand and communicate with the users of their mobile applications (“Applications”) and to serve advertisements (“Ads“) through their Applications from advertisers that are part of the Upsight ad network or other third-party ad networks (“Advertisers“). The Site, Upsight Platform, and the serving of Ads are collectively referred to as the “Services.” If you do not agree to the terms of this Policy, you must terminate your use of the Services.

We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by posting the revised policy to the Site. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. Changes will become effective as of the Effective Date listed at the top of this Policy. We encourage you to review this Policy from time to time to make sure that you understand how any personal information you provide will be used. Your continued use of the Services following the posting of changes to this Policy will indicate your acceptance of those changes.

This Policy is subject to the provisions of Upsight’s Terms of Service, which are fully incorporated herein by reference. To review the Terms of Service, please click here.

What Is Personal Information?
As used herein, the term “personal information” means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address, or credit card number), or information about that individual that is directly linked to personally identifiable information. Personal information does not include “aggregate” information, which is data we collect about the use of the Services or about a group or category of services or users, from which individual identities or other personal information has been removed. This Policy in no way restricts or limits our collection and use of aggregate information.

What Information Do We Collect?
We may collect information in a number of ways when you use the Services:

Active Collection.
We collect certain information when you voluntarily provide it, such as if you send us an email, fill out a form, post comments or other content, or otherwise provide or request information. This may include when you voluntarily provide information to Upsight in response to an in-app communication from a Publisher using the Upsight Platform. Such information may include personal information, such as your name, user name, email, address, telephone number, and other contact and demographic information you choose to provide. Personal and demographic information may also be collected if you provide such information in connection with leaving comments, posting content, sending an email or message to another user, or participating in any interactive forums or features on the Services. In addition, from time to time we may collect demographic, contact, or other personal information you provide in connection with your participation in surveys, sweepstakes, contests, games, promotional offers, and other activities on the Services.

Our Site offers social media features, including a connection to Facebook’s invites, notifications, feeds, like button, and other user-to-user interaction data, that may collect your IP address, page view information from your use on the Site, and may set cookies to enable the features to function properly. These features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.

Passive Collection.
When you use the Services, some information is also automatically collected, such as your Internet Protocol (“IP”) address, your operating system, the browser type, the address of a referring web site, your activity on the Site, and custom event and monetization data. When you view an Ad while accessing or using an Application, we may automatically collect your device type and IP address as well as a device ID for your mobile device. We also may collect information about your use and activity on the Application and the Upsight Platform. Your IP address may be used to determine the location of your use. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above.

Information provided by device ID’s may be used, among other things, to analyze data, to determine the popularity of certain content, to deliver advertising targeted to your interests, to make recommendations to you, to better understand the usage and visitation of the Services and the effectiveness of communications, to provide dashboard metrics and insights, and to benchmark information for select plans.

For some features of the Services, you may be able to submit information about other people. For instance, if you wish to send a coupon or advertisement to a friend you may submit some of your friend’s personal information. Upsight will use any such information that we collect from you about another person to carry out your request. We may also share such information with Advertisers for them to carry out your request.

Cookies and Other Tracking Technologies.
We use cookies and scripts on the Site and Platform to assist us with functionality and to help us understand how users interact with the Site and Platform. Third parties, with whom we partner, may use these technologies as well as web beacons to assist us in gathering this analytical information.

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use both session ID cookies and persistent cookies.  A session ID cookie expires when you close your browser.  A persistent cookie remains on your hard drive for an extended period of time.    You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory. You may find additional instruction on how to delete cookies by clicking here.

If you reject cookies, you may still use the Site, but your ability to use some areas of the Site, such as contests or surveys, will be limited.

In addition, our third party partners may use Flash Local Storage Objects (also known as Flash cookies) to assist in the display of videos on the Site. To manage Flash LSOs please click here.

Applications and Ads.
We may use web beacons or HTML 5 Local Storage Objects as part of our passive collection of information from Applications or Ads.

Cookies, web beacons, or other devices may be used by our [partners, affiliates, tracking utility company, service providers] to collect information when you use the Applications or interact with the Ads. In addition, our partners, affiliates, tracking utility company, service providers may use session ID and persistent cookies to make it easier for you to navigate the Site or the Applications.  Upsight does not control any cookies or other data collection tools that may be placed in Ads or Applications by a third party, including Publishers or Advertisers, and this Policy does not cover the use of such cookies and/or other data collection tools by any third party. We encourage you to read the privacy policies of such third parties to find out more about the information that may be collected by them and the choices you have regarding the collection, use and sharing of such information.

Information Received From Third Parties.
We may also obtain certain non-personal information about you from third parties, including our Publishers or Advertisers. This information may include demographic, geographic, psychographic and other usage information that does not personally identify an individual user and may be associated with a device ID. The collection and use of this information is pursuant to such third party’s information collection practices, which are typically outlined in a privacy policy like this one, provided on the third party’s website or in the Application. This Policy does not apply to information received from third parties, and Upsight is not responsible for the privacy and security practices and policies of such third parties.

How Do We Use the Information We Collect?
We use the information we collect through the Services for the purposes described in this Policy or elsewhere on the Site or in the Applications. For example, we may use personal and other information we collect:

  • to provide the services, products, or information you request and to process and complete any transactions in connection therewith;
  • to request feedback and to otherwise contact you about your account or your use of the Services;
  • to communicate with you and respond to your emails, submissions, questions, inquiries, comments, requests, and complaints and to provide customer service;
  • to personalize and improve the Services and users’ experiences, to increase the functionality and user friendliness of the Site and the Applications, to deliver in-app communications, Ads, content, or features that match user profiles or interests, and to provide recommendations as to other Ads, Applications, content or features that may be of interest to users;
  • to monitor and analyze Ad, Site and Application usage and trends and otherwise measure the effectiveness of the Services;
  • to provide you with news and information about our or third party events, activities, offers, promotions, products, and services we think will be of interest to you;
  • to send you confirmations, updates, security alerts, and support and administrative messages, to detect and prevent fraud, and to otherwise facilitate your use of, and our administration and operation of, the Site and the Upsight Platform;
  • to notify you about important changes to the Site and the Upsight Platform;
  • to conduct surveys and to notify and contact contest and sweepstakes entrants;
  • to enforce our Terms of Service;
  • perform internal market research, project planning, troubleshooting;
  • to detect and protect against error, fraud, or other criminal activity; and
  • for any other purpose for which the information was collected.

What Information Do We Share With Third Parties?
We will not share the information we collect from you through the Services with third parties, except as described in this Policy, on the Site or in the Applications. For example, we may share personal and non-personal information as follows:

  • with vendors, consultants, and other service providers (“Service Providers“) who are engaged by or working with us in connection with the operation of the Site, the Upsight Platform or the other services we provide and who need access to such information to carry out their work for us;
  • with Advertisers to send you coupons, promotions, rewards, awards, and advertisements you request;
  • with Publishers, when you give them your consent to use or share the information you provide in a particular manner, such as to receive game and app updates, marketing promotions, and other communications;
  • when you give us your consent to do so, including if we notify you that the information you provide will be shared in a particular manner and you provide such information;
  • when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants, or court orders;
  • when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of Upsight, our users, our employees, our Publishers and Advertisers, copyright owners, third parties or the public, including without limitation to protect Upsight or our users, Publishers or Advertisers from fraudulent, abusive, inappropriate, or unlawful use of the Site and the Upsight Platform;
  • to enforce or apply this Policy, our Terms of Service, or our other policies or agreements;
  • in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of the business assets of Upsight;
  • to enter you into a sweepstakes, contest or promotion; and
  • to respond to your questions.

We may share aggregated, non-personally identifiable information publicly and with our partners – like Publishers, Advertisers or connected sites. For example, we may share information publicly to show trends about the general use of the Services.

If Upsight is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

You understand that when you use the Site or the Applications, any information you post in any interactive areas of the Site or the Applications, including in any comments, listings, profiles, public or private groups or forums, as well as any information you share with individuals through the Site or the Applications or through social network sites or other social feeds, will be available to other users and in some cases may be publicly available. We recommend you be cautious about giving out personal information to others or sharing personal information in public or private online forums. To request removal of your personal information from publicly available areas that we control, such as our blog, please send an e-mail to privacy-info@upsight.com.  In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

We are not responsible for the actions of Publishers, Advertisers or other third parties, nor are we responsible for any additional information you provide directly to any third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to any such parties.

Your California Privacy Rights
The following applies solely to California residents who have an established business relationship with Upsight. If we collect personal information from you, we may make that personal information available to third parties for their marketing and promotional purposes. If you decide that you do not want us to share your personal information with these companies for their marketing and promotional purposes, please send an e-mail to privacy-info@upsight.com. In this email, state that you would like Upsight to not share your personal information with third parties for their marketing purposes. Your opt out request will be processed within 30 days of the date of which we receive it.

Publisher Applications and Links to Other Websites
The Upsight Platform enables Publishers to communicate with its users through in-app messages and announcements. Any personal information you provide in response to such messages and announcements will be collected through the Upsight Platform and shared directly with such Publisher, and be subject to each of this Policy and the Publisher’s privacy policy. This Policy does not apply to the Publishers, and we are not responsible for the content or privacy and security practices and policies of the Publishers. We encourage you to learn about the Publisher’s privacy and security practices and policies before providing them with personal information.

The Services may contain links to other websites. Any personal information you provide on linked pages or applications is provided directly to that third party and is subject to that third party’s privacy policy. This Policy does not apply to such linked sites, and we are not responsible for the content or privacy and security practices and policies of these websites or any other sites that are linked to from the Services. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

What Steps Do We Take To Protect Your Information Online?
We take measures designed to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. These include internal reviews of our data collection, storage, and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. When you enter sensitive information within the Site and the Upsight Platform, we encrypt the transmission of that information using secure socket layer technology (“SSL”). We restrict access to personal information to Upsight employees, contractors, services providers, and agents who need to know that information in order to operate, develop, or improve our services. These individuals are bound by confidentiality obligations and may be subject to decline, including termination and criminal prosecution, if they fail to meet these obligations.

Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission or storage can be guaranteed against any interception or other type of misuse. To protect the confidentiality of personal information maintained in your account, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site and the Upsight Platform by any person using your password. Please advise us immediately if you believe your password has been misused. You will find our contact information at the bottom of this Policy.

Children’s Privacy.
The Upsight Platform and Site are not intended for use by children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If we become aware that we have collected personal information from a child under the age of 13, we will take steps to delete the information as soon as possible.

What Choices Do You Have Regarding Your Information?
If the information you used to register for the Services changes, or if you no longer desire to use our Service, you may correct, update, or delete by contacting customer support.

We will retain your information for as long as your account is active or as needed to provide our Services.  We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

You may “opt out” of receiving marketing or promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.

Data Retention.
Upsight will retain personal information we process on behalf of our Publishers for as long as needed to provide the Services to our Publishers, subject to our compliance with this Policy.  We may further retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. .

Newsletters.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you.  Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can submit your request directly by using the contact information provided below.

Assignment.
You hereby consent and agree that the agreement between you and Upsight as evidenced in this Policy, any licenses herein, and any information collected about you, including any personal information collected pursuant to this Policy, can be sold, assigned, transferred, or otherwise conveyed to a third-party as part of a merger, acquisition, reorganization, sale of all or substantially all of Upsight’s assets or capital stock, in the event of a bankruptcy, or any other such change of control situation.  Additionally, you agree that this Policy continues to bind you and guide the terms and conditions of your use of the Upsight Platform and Services in any of the foregoing circumstances.

International Users.
This Policy and the privacy practices of Upsight will be subject exclusively to the laws of the State of California within the United States. Upsight makes no representation that this Policy and our practices comply with the laws of any other country or jurisdiction. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using the Services, you consent to the transfer, processing and use of your information outside your country.

Questions?
If you have any questions about this Policy or any of the practices described herein, please contact us at 201 Mission Street, 25th Floor, San Francisco, CA 94105, or send us an email at privacy-info@upsight.com.

Upsight, Inc. © 2016 501 Folsom St. San Francisco, CA 94105