Upmetrics Privacy Policy

Effective as of July 01, 2016

Background

Protecting your privacy is really important to Upmetrics Inc. (“Upmetrics”, “we”, or “our”). With this in mind, we are providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive through our website located at www.upmetrics.co (the “Site”), the Upmetrics Web Application (located at app.upmetrics.co), and/or the Upmetrics software applications. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. Notwithstanding the foregoing, unless specified otherwise in this Privacy Policy, any references to “you” and “your”, will refer to customers of Upmetrics and their authorized users who have purchased access to the Services (the “Customers”) or to users who record their usage of a Customer’s application(s) using the Services (“Testers” or “Participants”).

Revisions to this Privacy Policy

Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you of those changes by posting them on the Services or by sending you an email or other notification, and we will update the “Last Updated Date” above to indicate when those changes will become effective.

Collection and Use of Information

Information Collected from You

Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services. The information that Upmetrics collects from you varies depending on your use of the Services as a Participant or as a Customer.

1. Information Obtained from Participants

If you are a Participant, you may access the Services to create Business Plans by (i) receiving an invitation from a Customer or an authorized user of a Customer to Write Customer’s Business plan(s) and/or financial modeling(s) by using the Services, or (ii) interacting directly with Customer’s business plan(s) and/or financial modeling that incorporate the Services. When you access the Services as a Participant, Upmetrics will collect the following information from you:

1.1 Onboarding Information. After being invited to participate in a research session, we will collect certain information that can be used to identify you, such as your name and email address (“PII”), ip address, profile picture.

2. Information Obtained from Customers

If you are a Customer, you may use the Services to test your application(s) by (i) inviting Participants to use the Services with your application(s) to create Business plans, (ii) incorporating the Services into your application(s), or (iii) allowing your authorized users to act as Participants and create Business plans. As a Customer, Upmetrics will collect the following information from you and/or your authorized users:

2.1 Account Information. If you create an account to use the Services (the “Account”) and/or sign up for a paid subscription to the Services, we will collect certain information that can be used to identify you, such as your name and email address (“PII”).

2.2 Billing Information. When you sign up for a paid subscription with Upmetrics, we will also collect, as necessary, your billing information (collectively, “Billing Information”) to complete your order for the purchase of the Services via our Site or web application. We use Stripe or any other payment gateway to process payments through our Site and in connection with this service that Stripe provides to Upmetrics, Stripe may collect your Billing Information. The information that you provide through Stripe is subject to the Stripe Privacy Policy (available at https://stripe.com/us/privacy/). You should read the Stripe Privacy Policy to learn about Stripe’s information collection and usage.

3. Information Obtained from All Upmetrics Users

Upmetrics will collect the following information from Customers, Participants or any other users of the Site or the Services:

3.1 Information Collected Using Cookies and other Web Technologies. Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.

“Cookies” are small text files that are placed on your device by a Web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s device, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

3.2 Information Related to Use of the Services. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Services are used.

Information that We Share with Third Parties

We will not share any PII that we have collected from or regarding you except as described below:

Information Shared with Our Services Providers. We may engage third-party services providers to work with us to administer and provide the Services. These third-party services providers have access to your PII only for the purpose of performing services on our behalf.

Information Shared with Customers. If you, as a Participant, or an authorized user of a Customer, use or access the Services to create a Content, you agree that we may share your contents Information and PII with the Customer(s) for whom you are providing testing services.

Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.

Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PII, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale, or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be disclosed or transferred to a third party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

Your Choices

We offer you choices regarding the collection, use and sharing of your PII and we will respect the choices you make. Please note that if you decide not to provide us with the PII that we request, you may not be able to access all of the features of the Services.

Opt-Out. If you are a Customer or an authorized user of a Customer, we may periodically send you free newsletters and e-mails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” (by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Use, our Upmetrics Cloud Service Agreement or this Privacy Policy or information about billing.

Modifying Your Information. If you are a Customer or an authorized user of a Customer, you can access and modify the PII associated with your Account by changing the settings in your Account. In addition, if you are an authorized user of a Customer, upon termination of Customer’s agreement with Upmetrics, the PII associated with your Account will not be deleted and your Account will remain in existence, although you will no longer be able to access any content or Recordings associated with Customer.

Responding to Do Not Track Signals

Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.

The Security of Your Information

We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.

International Transfer

Whether you are a Customer, an authorized user of Customer, or a Participant, your PII may be transferred to, and maintained on, computers or servers, that are located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. We work with our Customers, users and vendors with regard to legal compliance pertaining to data transfer.

For the avoidance of doubt, for information we collect from Participants or Customers’ authorized users, the Customer is responsible for obtaining any necessary consent from the Participants or such authorized users regarding the international transfer of any PII included in their Recordings.

Processing of PII

The Customer is the controller of the Recording Information created by the use of the Services. The Customer is ultimately liable for ensuring that consents for such Customer’s use of the Recording Information have been legally obtained, and must not engage any Participants who have not given their consent regarding the collection and processing of PII or personal data as referred to in this Privacy Policy.

Upmetrics will process a Customer’s PII in the capacity of a data processor, and undertakes to only process PII in accordance with this Privacy Policy and the Customer’s instructions. Upmetrics will implement adequate technical and organizational measures to ensure the proper protection of the PII which it processes on behalf of the Customer.

Our Policy Toward Children

Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.

If you have any questions about how we use your personal data, please contact us at info@upmetrics.co