Last Updated: October 4, 2018
INFORMATION THAT WE COLLECT
We obtain Information about you from various sources to provide our products and services and to manage our Properties. The types of Information we obtain are described below.
- Any Information you provide to us in conjunction with using or purchasing our Properties, or any Information you provide to us thereafter, including name, home address, billing address, telephone number, email address (which we may, in our discretion, hash or de-identify), birthdate, gender, and other demographic information, account information (e.g., usernames, passwords, reminder questions and answers), and payment information (e.g., financial institution, credit/debit card number and security code, checking account number, checking routing number).
- Information you provide to us, our employees, our agents, our contractors, or our sub-contractors related to your use of our Properties. For quality and training purposes, as well as compliance purposes, we may monitor or record any conversations with you or anyone acting on your behalf.
- IP addresses, device push token, precise location information, GPS data, Wi-Fi information, and other information from which your geographic location may be inferred.
- Information about your applications you have installed or enabled, web browser, web browser language, language setting, operating system, system configuration information, device type (e.g., mobile, tablet), network provider, timestamp, session duration, referring URL’s, and time zone.
- Information to identify your mobile phone, including the make, model, electronical serial number, international mobile station equipment identity, mobile equipment identifier, and other device identifiers.
- Your mobile advertising identifiers, such as Apple IDFAs and Android Advertising identifiers.
- Information about your interactions and transactions with our Properties.
- Push notifications that you have sent, or that have been sent with or to our Properties.
- Your product and privacy preferences.
- Information we receive from third parties about you.
- Information to create, store, and maintain a unique ID or a digital fingerprint (see below for more detail).
- Demographic and other data collected through cookies, tracking software, and/or Google Analytics or a similar analytics system.
- Any other Information as described in this Policy.
HOW WE USE THE INFORMATION
We use the Information as described below and rely on a number of legal bases to do so, including in order to perform a contract, in accordance with our legitimate business interests, and in compliance with legal obligations or with your consent.
We use the Information to perform a contract with you or to take steps at your request prior to entering into a contract, including:
- To verify your identity and account information.
- To contact you and/or respond about your transactions or use of our Properties, including for customer service, technical support, and billing information.
We use the Information on the basis of our legitimate interests, which we can describe further upon request, including:
- To provide you with customer, technical, and operational support, such as detecting and protecting against errors, fraud, or other criminal activity, and to enforce any rights that we may have.
- To enable you to use certain features and functions on our Properties, and to enhance those features and functions.
- To provide you with services through our Properties, as well as to monitor and improve our Properties and services.
- To develop models to predict future behavior and interests.
- To resolve your identity across multiple devices.
- To conduct internal research and reporting.
- To share with third parties, as disclosed below.
We use the Information with your consent (to the extent required by applicable law), including:
- To conduct and offer surveys, sweepstakes, contests, and promotions.
- To measure traffic and usage trends on our Properties, including webpages you visit, add-ons you use, and other information that assists us in improving our Properties.
- For cross application, cross-device, and other interest-based advertising, analytics, and market research.
- To analyze the performance and effectiveness of any products, services, advertisements, and promotions.
- To customize and tailor your experience on our Properties, including displaying or suggesting relevant content and advertisements.
- To send you commercial or marketing messages in various formats, including contacting you about Company announcements, advertisements, and promotions.
- For any other purpose for which you provide consent.
To the extent provided by applicable law, you may withdraw your consent to the processing of your Information as described above by contacting us as described in the Contact Us section below. This will not affect the lawfulness of processing of the Information that occurs prior to the withdrawal of consent.
In addition, we process the Information to comply with and enforce applicable legal requirements to which we are subject and for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
We also use the Information in other ways for which we provide specific notice at the time of collection and obtain your consent to the extent required by applicable law.
DISCLOSURE OF THE INFORMATION
Subject to applicable law, we may share, sell, rent, or trade your Information to the following third parties and for the following purposes:
- Members of our corporate family (e.g., parents, subsidiaries, related, and affiliated companies).
- Employees, contractors, and subcontractors.
- To third parties to market their products or services to you.
- Vendors that provide services to us.
- Financial institutions that provide us with capital.
- Payment network requests.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- Any potential investors, buyers, or other successor in the event of a merger, divestiture, restructuring, or other sale or transfer of assets, whether as a going concern or as part of bankruptcy or similar proceeding, in which personal information about our customers is among the assets transferred.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
COOKIES AND OTHER TRACKING TOOLS
A pixel tag (commonly known as a web beacon or clear GIF) is an invisible 1×1 pixel that is placed on some web pages. When you visit such a page, the pixel tag may generate a generic notice of the visit and permit us, our clients, or our partners to read cookies. Pixel tags and cookies are used together to anonymously track activity on a website by a user or a device. If you disable cookies, then pixel tags detect an anonymous website visit instead.
We may use or work with clients or partners that use mobile software development tools, such as our own, to collect data related to how the mobile devices and their users interact with our Properties and services. Software development tools are computer codes that enable advertisements to be shown, data to be collected, and other services to be implemented. We may use this to analyze or measure advertising through mobile applications and web browsers based on information associated with the mobile device. If you would like to opt out from having advertisements tailored to you in this manner, please follow the opt out procedures listed below.
We may use or work with clients or partners that use any of the above technologies, in combination with other Information, to coordinate identifiers across platforms, web browsers, or devices, to better analyze or target advertisements.
When you visit our Properties, we may collect data about you to create a unique ID. This may involve collecting and using the following information:
- Information sent to your server (e.g., User Agent Header, the Accept Header, the Connection Header, the Encoding Header, the Language Header)
- Information obtained from Java Script, Flash, Silverlight, or other internet programming system
- The list of plugins
- The type of online platform
- CPU class and architecture
- IP Address
- Cookie preferences
- Do Not Track preferences
- Time zone and other geographic information
- Screen resolution and its color depth
- Use of local and session storage
- Available fonts
- IP addresses
- Canvas, WebGL, WebRTC, and audio stack fingerprinting
- Whether an advertising block is installed or not
- Whether the user has tampered with the language, screen resolution, web browser, or touch screen detection/capabilities
- Touch screen detection and capabilities
- Screen print and mime type information
- Multi-monitor detection
- Internal hash table implementation detection
- Math constants
- Camera information
- DRM support
- Accelerometer support
- Virtual keyboard information
Our Properties are not intended for children and therefore we do not knowingly collect Information from children under the age of 13 years. If we become aware that a child under 13 years of age has provided us with Information, we shall take immediate steps to delete such Information.
The security of the Information is important to us, which is why we take measures to reasonably protect it. We maintain administrative, technical, and physical safeguards, consistent with legal requirements where the Information was obtained, designed to protect against unlawful or unauthorized destruction, loss, alteration, use or disclosure of, or access to, the Information provided to us through the Properties.
Please be aware that transmission of information over the internet is not completely secure, no security measures are perfect or impenetrable. We cannot guarantee the security of your Information and are not responsible for circumvention of any privacy settings or security measures contained on the Properties. Additionally, we cannot control the actions of other users of the Properties with whom you may choose to share Information with. Any transmission of Information is at your own risk.
THIRD-PARTY SITES AND APPLICATIONS
MERGER OR ACQUISITION
We reserve the right to transfer to relevant third parties Information we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation) or other business transaction.
To the extent permitted by applicable law, we typically retain your Information for as long as it is needed (1) for the purposes for which we obtained it, which generally means that we will keep your Information for the duration of our relationship or as long as you keep your account open with us; or (2) to take into account applicable statute of limitation periods and comply with applicable laws, resolve disputes, and enforce our agreements. As described in the “Your Rights and Choices” section below, to the extent provided by the law of your jurisdiction, you may request that we delete your Information or restrict the processing of such Information by contacting us as indicated below.
YOUR RIGHTS AND CHOICES
If you have any questions about your account with us or want us to no longer use your Information, please contact us as described below. To the extent provided by the law of your jurisdiction, you may request access to the Information or request that we correct, update, amend, or delete the Information, or that we restrict the processing of the Information by contacting us as indicated in the Contact Us section. Where the law of your jurisdiction does not require us to comply with such requests, we will make commercially reasonable efforts to honor your request, to the extent that it does not interfere with our use of your Information to comply with our legal and business obligations, resolve disputes, and enforce any agreements.
Subject to applicable law, you have the right to receive, in a structured, commonly used and machine-readable format, the Information that you have provided to us, with your consent or based on a contract to which you are party. You have the right to have the Information transmitted to another company, where it is technically feasible. You also may lodge a complaint with the data protection authority in your country if you are not satisfied with our responses.
DO NOT TRACK NOTIFICATIONS
While some web browsers may have a “Do Not Track” feature, we do not alter our behavior or change our services based upon receiving a “Do Not Track” request. Such a feature is the responsibility of the web browser.
NOTICE TO CALIFORNIA RESIDENTS
Subject to certain limitations under California law, California residents may ask us to provide them with (1) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (2) the identity of those third parties. To make this request, California residents may contact us as specified in the Contact Us section below.
COMMITMENT TO PRIVACY SHIELD FRAMEWORK
Consumers in the EU and Switzerland may contact UPUSH as indicated below regarding the company’s use or disclosure of their personal information, or to request access to their personal information. Unless UPUSH offers consumers in the EU and Switzerland an appropriate choice pursuant to the Privacy Shield Framework, the company uses and discloses personal information only to those parties and for those purposes that are materially the same as those indicated in this Policy.
With respect to transfers of personal information to third parties, UPUSH complies with the Privacy Shield Principles for all onward transfers of personal information from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal information received or transferred pursuant to a Privacy Shield Framework, UPUSH is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, UPUSH may be required to disclose personal information in response to lawful requests by public authorities, including to satisfy national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, UPUSH commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact (your organization name) at:
954 Ponce de Leon, #203-A
San Juan, PR 00907
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
In compliance with the Privacy Shield Principles, UPUSH has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Subject to applicable law, you shall have control over whether or not you would like to receive notifications, or relevant advertisements and marketing material from us. Below describes how you may opt out.
PUSH NOTIFICATIONS: You may opt out of receiving push notifications by changing the settings regarding notifications on your device (the method of opting out may differ depending on the device). This will not affect advertisements placed by any other organization.
ONLINE INTEREST-BASED ADVERTISING: When you use our Properties, both we and certain third parties (such as our advertising networks, digital advertising partners, and social media platforms) may collect Information about your online activities, over time and across third-party websites. You can opt out of many of the platforms and service providers that facilitate online interest-based advertising by visiting the Digital Advertising Alliance’s consumer education and opt-out page, at http://www.aboutads.info/, or visit the Network Advertising Initiative. You also may download the AppChoices app or access the “settings” on your mobile device to opt out in mobile apps. This is a cookie-based opt out, meaning that you may need to opt out again if you replace or upgrade your web browser, or if you delete your cookies. To be clear, opting out will not stop all advertisements; rather, you will see less advertisements that are customized for and targeted towards you.
PROMOTIONAL EMAILS: You may opt out of receiving promotional emails by contacting us or by following the “unsubscribe” instructions provided in the email you receive from us. Please be aware that we may still send you non-promotional emails about your relationship with us.
OTHER: Companies that advertise on our Properties may also provide ways for you to opt out from or limit their collection of information from and about you. We encourage you to refer to the privacy policies for any retailers, advertisers, applications, websites, or other applicable companies.
The Site’s offices are located in the United States (“U.S.”). If you visit the Site from another country, please be aware that information you provide to us or that we obtain as a result of your use of the Site may be processed in and transferred to the U.S. U.S. privacy and data protection laws may not be equivalent to the laws in your country of residence. If you visit the Site from the European Union (“EU”) or Switzerland, we will comply with applicable legal requirements providing adequate protection for the transfer of the Information to recipients in countries outside of the EU and Switzerland that have not been recognized as providing an adequate level of data protection.
CHANGES TO THIS POLICY
We reserve the right to modify this Policy at any time and without prior notice. If we make a significant change to our Policy, we will conspicuously post a link to the updated Policy in places on our Site that we deem appropriate and will indicate at the top of the Policy when it was most recently updated. We encourage you to periodically review this Policy for the latest information on our privacy practices.
If you have any questions regarding this Policy, please contact us at:
954 Ponce de Leon, #203-A
San Juan, PR 00907