A. Introduction.

This Privacy Policy describes the practices of Uplevyl, Inc. and its subsidiaries and affiliates (collectively, “Uplevyl”, “Company“, “we“, “us” or “our“) for collecting, using, maintaining, and disclosing information that Uplevyl collects from you or that you provide to Uplevyl when you visit Uplevyl’s website (the “Site“), purchase and use Uplevyl’s application (“App”), membership with Uplevyl (“Membership”) and retail items (“Products”), along with access to any other products and services made available by Uplevyl (collectively and together with the Site, the “Services“).

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how Uplevyl will treat it. The use of information collected through Uplevyl’s Services shall be limited to the purposes described under this Privacy Policy and Uplevyl’s Terms of Service (or other relevant customer contracts). By accessing or using the Services, you agree to this Privacy Policy. If you are using the Services on behalf of an entity, you are agreeing to this Privacy Policy for that entity and are representing to us that you have the authority to do so (in which case “you” will refer to that entity). If you do not agree with our policies and practices, your choice is not to use the Services.

This Privacy Policy may change from time to time. If Uplevyl makes any changes, such changes will be posted on Uplevyl’s Privacy Policy page and indicate at the top of the page the date the policy was last revised. Uplevyl will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Any such changes are effective immediately when Uplevyl posts them, and apply to all access to and use of the Services thereafter. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new policy.

If you are providing personal information about another individual, please make sure you have their consent to provide such information.

B. Information Uplevyl Collects and How Uplevyl Collects Information.

The information we collect from you falls into two categories: personally identifiable information (“Personal Information”) and non-personally identifiable information (i.e., information that cannot be used to identify who you are) (“Non-Personal Information”). Uplevyl only requests data relevant to the functionality and purpose of the App.  Below are the various ways in which we may collect Personal Information and Non-Personal information from you.

1. Information Uplevyl Automatically Collects. Uplevyl and third-party service providers acting on Uplevyl’s behalf, which may include third-party analytics service providers and third-party advertisers, may incorporate technology such as “pixel tags”, “web beacons”, and “cookies” that allow Uplevyl to track the actions of users of Uplevyl Services automatically. For example, Uplevyl may automatically collect information about your location, such as city, state or geographic area, your internet connection, your browser, your IP address, any unique identifiers, when you access the Services, the website address that linked you to Uplevyl’s Site, the website that you visit after using Uplevyl Services, and details of how you used Uplevyl Services, such as how often you used Uplevyl Services and which features of the Services you used.
2. Third-Party Information Collection. When you use the Services, certain third parties may use cookies or other automatic information collection technologies to collect information, including Personal Information, about you and your online activities over time and across different websites. Uplevyl does not control these third parties’ tracking technologies or how they may be used. If you have questions about their data collection practices, you should review the privacy policies of those third parties or contact them directly.
3. Publicly Posted. If you post information on public areas of the Site (i.e. comments), that information is visible to and may be collected, stored and used by anyone. By posting information, you agree that you have obtained all necessary consents to make such information public and that doing so will not violate any laws. If you remove information that you have made public through our Services, copies may remain viewable in cached and archived pages of Uplevyl Services or if other users have copied or saved that information. We are not responsible for the actions of any third parties with whom you share Personal Information.
4. Information You Voluntarily Provide to Us. If you contact us by phone, email, instant message, live chat, social media, or by some other means, we may keep a record of your contact information (including your name, company name, email, address and phone number) and the correspondence. When Uplevyl sends you emails, we may also track whether you open them to determine how to deliver more helpful emails and improve Uplevyl Services. Personal Information may be obtained from online transactions, transmitted as part of a form submission or in connection with other activities or services made available on the Site. To the full extent permitted by the law in your jurisdiction, you acknowledge that you provide your Personal Information at your own risk.
5. User Profile Data. Uplevyl will collect and store the personal information you provide to Uplevyl through the Service or otherwise, such as your name, birth date, email and mailing addresses, phone number, username and password you may utilize to establish your account or profile with Uplevyl, your interests and preferences, and any content and/or metadata uploaded to the Service by you. Please update your account when you change your email address, address, phone number, or payment information.
6. Registration Data. Uplevyl will collect and store the information you provide to Uplevyl in the application for Membership, such as your employment status and employer information, industry or field of work, education level, personal income, personal and professional goals, membership goals with Uplevyl, or protected classification characteristics. You do not have to share this information with Uplevyl, but without it you may not be able to access certain features or participate in certain aspects of the Services. You can help Uplevyl maintain the accuracy of your Personal Information by updating your account.
7. Financial Information. If you purchase Uplevyl Services, we may request certain Personal Information to facilitate payment, such as your name, email, phone number, physical address, billing address and the last four digits of your credit card or bank account number. Uplevyl stores a limited portion of your credit card information in a manner that is generally permitted by credit card issuers.
8. Information Collected Through Use of the Services. If you use Uplevyl Services, Uplevyl may collect information about how you use and interact with the Services and the data and information that is collected or provided by you through or in connection with your use of the Services.

C. How Uplevyl Uses Your Information.

Uplevyl may use personal information that we collect about you or that you provide to us for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

1. Uplevyl may collect and use your personal information to:

i. provide, operate, maintain, and improve and enhance functionality of the Service and our business;

ii. provide information about your Membership and our products and services;

iii. establish and maintain your user profile on the Service;

iv. measure usage and analyze effectiveness of the Service;

v. provide support and maintenance for the Service;

vi. understand your needs and interests, and personalize your experience with the Service and our communications with you;

vii. communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages;

viii. communicate with you about events or groups in which you participate, including introductions to other members and groups;

ix. respond to your requests, inquires, questions, and feedback.

2. Uplevyl may collect and use your personal information for research and development purposes, including to analyze and improve the Service and our business. As part of Uplevyl’s research and development activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. Uplevyl may make personal information into anonymous data by removing information that makes the data personally identifiable to you. Uplevyl may use this anonymous data and share it with third parties for Uplevyl’s lawful business purposes, including to analyze and improve the Service and promote Uplevyl’s business.
3. Uplevyl may collect and use your personal information for marketing purposes, such as offering you targeted advertising in order to personalize your experience by showing you advertisements for products and services that are more likely to appeal to you (a practice known as behavioral advertising).
4. Uplevyl may collect and use your personal information to:

i. protect Uplevyl, your or others’ rights, privacy, safety or property (including by making and defending legal claims);

ii. audit Uplevyl’s internal processes for compliance with legal and contractual requirements and internal policies;

iii. enforce the terms, conditions, and agreements that govern our Service;

iv. protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft; and

v. comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.

5. Uplevyl may from time to time aggregate information in certain data analysis, reports, or other interpretations of trends for both internal and external purposes.

Uplevyl may ask for your consent to collect, use or share your personal information for other purposes. For example, Uplevyl may ask for your consent to send you marketing emails if required by law or to post your testimonial or endorsement.

Personal Information will be retained only for as long as it serves a purpose consistent with the expectations of the reasonable user given the context of the collection in accordance with applicable laws. Uplevyl will take reasonable steps to destroy or de-identify personal information we hold if it’s no longer needed for the purposes set out above. Non-Personal information may be stored indefinitely.

D. How Uplevyl Shares Your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

1. Affiliates. Uplevyl may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.
2. Service Providers. Uplevyl may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Services (such as customer support, hosting, analytics, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.
3. Partners. Uplevyl may share your personal information with partners. For example, if Uplevyl co-hosts an event with a third party, Uplevyl may share your information to the extent related to such event.
4. Payment Processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processor. Uplevyl stores a limited portion of your credit card information in a manner that is generally permitted by credit card issuers. Uplevyl does not control how to the payment processor uses or stores any personal information that you make available to them. The payment processor is governed by their own Privacy Policy, and is solely responsible for the protection of the acquired data.
5. Other Users and the Public. Other parties may be able to view your content when you provide such content to your public user profile or voluntarily disclose it in a manner that other users or the public can view. In addition, your username will be displayed to other users through the Service, and other users may be able to contact you through the Service. Content that you post publicly on, through, or in connection with the Service, including on third party services such as a social media platform, may also be public. We do not control how other users or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.
6. Professional Advisors. Uplevyl may disclose your personal information to professional advisors, including but not limited to lawyers, bankers, auditors and insurers, where necessary in the course of the professional services they render to us.
7. Business Transferees. Uplevyl may sell, transfer or otherwise share some or all of Uplevyl’s business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, Uplevyl will make reasonable efforts to require the recipient to honor this Privacy Policy.

E. How Uplevyl Protects Your Information.

The security of your personal information is very important to Uplevyl. Uplevyl invests in the appropriate resources and organizational, technical, and physical measures to protect your personal information from loss, misuse, unauthorized access, modification, or disclosure, both during transmission and once received by Uplevyl. However, no internet-based site, including email, even with all available security safeguards, is 100% secure, so Uplevyl cannot guarantee the security of your information and cannot be held responsible for unauthorized or unintended access that is beyond Uplevyl’s control.

F. Your Rights and Choices.

This section is utilized to describe the rights and choices available to all users.

1. Access or Update Your Information. If you have registered for an account with Uplevyl, you may review and update certain personal information in your account profile by logging into the account.
2. Opt-Out of Marketing Communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting Uplevyl directly at hello@uplevyl.com. You may continue to receive service-related and other non-marketing emails.
3. Cookies. Uplevyl may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Service and third-party websites. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, your user experience may be limited.
4. Do Not Track. Third parties may keep track of your browsing activities across third party websites. Certain internet browsers may enable users to activate a “Do Not Track” signal but we do not currently respond to the “Do Not Track” signal or other similar mechanisms.
5. Choosing Not to Share Your Personal Information. Where Uplevyl is required by law to collect your personal information, or where Uplevyl needs your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), Uplevyl may not be able to provide you with our services. Uplevyl will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.

G. Third Party Sites and Services.

The Service may contain links to other websites and other online services operated by third parties. These links are not an endorsement of, or representation that Uplevyl is affiliated with, any third party. In addition, Uplevyl’s content may be included on web pages or online services that are not associated with Uplevyl. Uplevyl does not control third party websites or online services, and Uplevyl is not responsible for the actions of third party websites or online services. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. Uplevyl encourages you to read the privacy policies of the other websites and online services you use.

I. California Privacy Rights.

This section applies to California residents only. California law permits residents of California to request notice of how their information is shared with third parties for direct marketing purposes or to opt out of such sharing. If you are a California resident and would like a copy of this notice or to opt out, please email us at hello@uplevyl.com

Additionally, if you are a California resident, the California Consumer Privacy Act (“CCPA”) requires Uplevyl to disclose the following information with respect to Uplevyl’s collection, use, and disclosure of personal data. The rights noted in this section are not absolute, and in certain cases Uplevyl may decline your request as permitted by law.

1. Categories of Personal Data Collected: In the preceding 12 months, Uplevyl has collected the following categories of personal data: identifiers; commercial information; demographic information (note that some demographic information may be considered characteristics of protected classifications under state or federal law); internet or electronic network activity; geolocation data; audio, electronic, visual, thermal, olfactory, or similar information; professional information; inferences drawn from any of the foregoing categories of information; and other categories of personal data that relates to or is reasonably capable of being associated with you. For examples of the precise data points we collect, please see “Information Uplevyl Collects” above.
2. Business or Commercial Purpose for Collecting and Using Data: Uplevyl collects each category of personal data listed above for the business or commercial purposes described in the “How Uplevyl Uses Your Information” section above.
3. Categories of Sources of Personal Data: Uplevyl collects each category of personal data listed above from you and the third party sources described in the “Information Uplevyl Collects and How Uplevyl Collects Information” section above.
4. Categories of Personal Data Disclosed: In the preceding 12 months, Uplevyl has disclosed the following categories of personal data for business or commercial purposes: identifiers; commercial information; demographic information (note that some demographic information may be considered characteristics of protected classifications under state or federal law); internet or electronic network activity; geolocation data; audio, electronic, visual, thermal, olfactory, or similar information; professional information; inferences drawn from any of the foregoing categories of information; and other categories of personal data that relates to or is reasonably capable of being associated with you.
5. Your Consumer Rights: California consumers have the right to request access to their personal data, additional details about our information practices and deletion of their personal data (subject to certain exceptions). California consumers also have the right to opt out of sales of personal data, if applicable. Uplevyl describes how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing a notarized power of attorney evidencing that you have empowered the authorized agent to exercise your CCPA rights on your behalf. Uplevyl will not discriminate against you if you choose to exercise your rights under the CCPA.
6. Right to Know: You may request access to the specific pieces of personal information Uplevyl has collected about you in the last 12 months. You may also request additional details about our information practices, including the categories of personal information Uplevyl has collected, the sources of collection, the purpose for collecting information, the categories of information Uplevyl shares, and the categories of third parties with whom Uplevyl shares information. You may make an access request by emailing hello@uplevyl.com. Uplevyl will verify your request by contacting you after receiving such request and to verify your identity.
7. Deletion: You may request that Uplevyl delete the personal data Uplevyl has collected about you (subject to certain exceptions). Please note that Uplevyl may retain certain information as required or permitted by applicable law. You may make these requests by emailing hello@uplevyl.com Uplevyl will verify your request by contacting you after receiving such request and to verify your identity. If you request to delete your personal data, certain Uplevyl products and services may no longer be available to you.
8. No Sale of Personal Data: Based on Uplevyl’s understanding of the term “sell” under the CCPA, Uplevyl does not “sell” your Personal Information and has not sold it to third parties for a business or commercial purpose in the 12 months preceding the effective date of this Privacy Policy.

J. Data Retention.

Uplevyl strives to keep your information only as long as it is needed for legitimate business purposes and as permitted by applicable legal requirements. Uplevyl will take reasonable steps to destroy or de-identify personal information Uplevyl holds if it is no longer needed for the purposes set out above. If you close your account, Uplevyl will retain certain data for analytical purposes and recordkeeping integrity, as well as to prevent fraud, enforce Uplevyl’s Terms of Use or End User License Agreement, take actions Uplevyl deems necessary to protect the integrity of Uplevyl Services or users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies.

You acknowledge that Uplevyl may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Uplevyl’s servers on your behalf. You agree that Uplevyl has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You further acknowledge that Uplevyl reserves the right to change these general practices and limits at any time, in its sole discretion. Uplevyl will endeavor to give you notice of any such change if required by applicable law.

K. Storage; Data Transfers and Processing in Other Jurisdictions.

Uplevyl is headquartered in the United States and may have service providers in other countries. Personal Information collected through the Services may be stored and processed in the United States or any other country in which Uplevyl or its subsidiaries, affiliates, or service providers maintain facilities. If you are located in the European Union or other jurisdictions with laws governing data collection and protection that differ from U.S. law, you acknowledge that Uplevyl may transfer Personal Information to a country or jurisdiction that has different data protection laws than the data protection laws of the country in which you reside and you expressly consent to the transfer of such information, including Personal Information, to the United States or any other country in which Uplevyl or its subsidiaries, affiliates or service providers maintain facilities. Uplevyl will ensure that appropriate safeguards are in place to protect your personal data and that transfer of your personal data is in compliance with applicable data protection laws. Where required by applicable data protection laws, Uplevyl has ensured that service providers sign standard contractual clauses as approved by the European Commission or other supervisory authority with jurisdiction over the relevant data exporter. You can obtain a copy of any standard contractual clauses in place which relate to transfers of your personal data by contacting us at hello@uplevyl.com

L. What Your Rights Are.

Uplevyl wants to make sure you are in control of how Uplevyl uses and keeps your information. You can request copies of your personal information that Uplevyl holds, and details of how Uplevyl uses it, at any time. If you think anything is inaccurate, then you can ask for it to be corrected or erased. You can request an electronic copy of your personal information to be sent to you, or another organization.

You also have the right to stop Uplevyl processing your personal information, and/or withdraw your agreement to Uplevyl processing your personal information based on ‘consent’, unless Uplevyl has a legal justification for doing so.

M. Contact Information.

If you have any questions about this Privacy Policy, please contact Uplevyl at hello@uplevyl.com

N. Changes to This Policy.

Uplevyl may revise this Privacy Policy periodically. The most current version of the policy will govern our use of your information and will always be found at www.uplevyl.com/privacyIf we make changes to this policy that, in our sole discretion, is material, we will notify you, for example, via an e-mail you have provided in your Registration Information or by posting on Uplevyl.

O. Age Restriction—No Children Permitted.

Although Uplevyl would love for everyone to be able to enjoy the App, users and members must be at least 18 years of age to use, access, participate, become a member, or browse the App.

Uplevyl does not knowingly collect any information about or market to children, minors, or anyone under the age of 18. If you are less than 18 years of age, or are otherwise unable to enter into a legally binding contract, Uplevyl requests that you do not submit any information to us. If Uplevyl becomes aware that a child, minor, anyone under the age of 18, or those who are unable to enter into a legally binding contract has provided Registration Information, has used, accessed, participated, became a member, or browsed the App, Uplevyl will take immediate steps to terminate that person’s registration and delete their Registration Information and any other related data from Uplevyl. If you are found to be in violation of this Section, Uplevyl reserves the right to retain your e-mail and IP address to ensure you are unable to access the App by creating a new Account.

P. Complaints.

If you have any concerns or complaints as to how Uplevyl has handled your personal information, please do not hesitate to contact the Uplevyl team at hello@uplevyl.com.  You may also file a complaint with the UK’s data protection regulator, the Information Commissioner’s Office, who can be contacted at: https://ico.org.uk/make-a-complaint/.