Global Privacy Policy — Worldwide
Effective date: 25 May 2018
1. Overview
UPPmarket obtains Personal Data about you from various
sources to provide our Services and to manage our Sites. “You”
may be a visitor to one of our websites, a Client user of one
or more of our Services (“User” or “UPPmarket User”), or a
customer of a User (“Customer”). If you are a Customer,
UPPmarket will generally not collect your Personal Data
directly from you. Your agreement with the relevant UPPmarket
User should explain how the UPPmarket User shares your
Personal Data with UPPmarket, and if you have questions about
this sharing, then you should direct those questions to the
UPPmarket User.
2. Personal Data We Collect
a. Personal Data that we collect about you.
Personal Data is any information that
relates to an identified or identifiable individual. The
Personal Data that you provide directly to us through our
Sites will be apparent from the context in which you provide
the data. In particular:
-
When you register for a
UPPmarket account we collect your full name, email
address, and account log-in credentials.
-
When you fill-in our online
form to contact our sales team, we collect your full name,
work email, country, and anything else you tell us about
your project, needs and timeline.
When you respond to UPPmarket emails or surveys we collect
your email address, name and any other information you choose
to include in the body of your email or responses. If you
contact us by phone, we will collect the phone number you use
to call UPPmarket. If you contact us by phone as a UPPmarket
User, we may collect additional information in order to verify
your identity.
If you are an UPPmarket User, you will provide your contact
details, such as name, postal address, telephone number, and
email address. As part of your business relationship with us,
we may also receive financial and personal information about
you, such as your date of birth and government identifiers
associated with you and your organization (such as your social
security number, tax number, or Employer Identification
Number).
If you are a Customer, when you register or conduct business
through a UPPmarket website or application, we will receive
your registration information. Depending on how the UPPmarket
User implements our Services, we may receive this information
directly from you, or from the UPPmarket User or third
parties. The information that we collect may include payment
method information (such as credit or debit card number, or
bank account information), payment method, business contacts,
and other information required to provide channel management
services.
When we conduct marketplace monitoring, compliance and
detection activities, in jurisdictions where these services
are available ,we may also receive Personal Data about you
from our business partners, identity verification services,
and publicly available sources (e.g., name, address, phone
number, country), as necessary to confirm your identity and
prevent fraud. If available our marketplace monitoring,
detection and compliance services may use technology that
helps UPPmarket’s Users assess the risk associated with
registration that is enabled on the UPPmarket User’s website
or the application that collects information.
You may also choose to submit information to us via other
methods, including: (i) in response to marketing or other
communications, (ii) through social media or online forums,
(iii) through participation in an offer, program or promotion,
(iv) in connection with an actual or potential business
relationship with us, or (v) by giving us your business card
or contact details at trade shows or other events.
b. Information that we collect automatically on our
Sites.
Our Sites use cookies and other technologies to function
effectively. These technologies record information about your
use of our Sites, including:
-
Browser and device
data, such as IP address, device type,
operating system and Internet browser type, screen
resolution, operating system name and version, device
manufacturer and model, language, plug-ins, add-ons and
the language version of the Sites you are visiting;
-
Usage data, such as time spent on the
Sites, pages visited, links clicked, language preferences,
and the pages that led or referred you to our Sites.
We use Google Analytics on our Sites to help us analyze your
use of our Sites and diagnose technical issues.
3. How We Use Personal Data
a. Our products and services.
We rely upon a number of legal grounds to ensure that our use
of your Personal Data is compliant with applicable law. We use
Personal Data to facilitate the business relationships we have
with our Users, to comply with technological regulations and
other legal obligations, and to pursue our legitimate business
interests. We also use Personal Data to complete payment
transactions and to provide payment-related services to our
Users.
b. Marketing and events-related communications.
We may send you email marketing communications about UPPmarket
products and services, invite you to participate in our events
or surveys, or otherwise communicate with you for marketing
purposes, provided that we do so in accordance with the consent
requirements that are imposed by applicable law. When we collect
your business contact details through our participation at trade
shows or other events, we may use the information to follow-up
with you regarding an event, send you information that you have
requested on our products and services and, with your
permission, include you on our marketing information campaigns.
c. Interest-based advertising.
When you visit our Sites or online services, both we and
certain third parties collect information about your online
activities over time and across different sites to provide you
with advertising about products and services tailored to your
individual interests (this type of advertising is called
“interest-based advertising”). These third parties may place or
recognize a unique cookie or other technology on your browser
(including the use of pixel tags). Where required by applicable
law, we will obtain your consent prior to processing of your
information for the purpose of interest-based advertising.
You may see our ads on other websites or mobile apps because we
participate in advertising networks. Ad networks allow us to
target our messaging to users based on a range of factors,
including demographic data, users’ inferred interests and
browsing context (for example, the time and date of your visit
to our Sites, the pages that you viewed, and the links that you
clicked on). This technology also helps us track the
effectiveness of our marketing efforts and understand if you
have seen one of our advertisements.
We work with Google AdWords. If you opt out from interest-based
advertising, you may see advertising that is not relevant to
you. At present, there is no industry standard for recognizing
Do Not Track browser signals, so we do not respond to them.
4. How We Disclose
Personal Data.
UPPmarket does not sell or rent Personal Data to marketers or
unaffiliated third parties. We share your Personal Data with
trusted entities, as outlined below.
a. UPPmarket.
We share Personal Data with other UPPmarket entities in order to
provide our Services and for internal administration purposes.
b. Service providers. We share Personal Data
with a limited number of our service providers. We have service
providers that provide services on our behalf, such as identity
verification services, website hosting, data analysis,
information technology and related infrastructure, email
delivery, and auditing services. These service providers may
need to access Personal Data to perform their services. We
authorize such service providers to use or disclose the Personal
Data only as necessary to perform services on our behalf or
comply with legal requirements. We require such service
providers to contractually commit to protect the security and
confidentiality of Personal Data they process on our behalf. Our
service providers are predominantly located in the European
Union and the United States of America.
c. Business partners. We share Personal Data
with third party business partners when this is necessary to
provide our Services to our Users. Examples of third parties to
whom we may disclose Personal Data for this purpose are banks
and payment method providers (such as credit card networks) when
we process payments.
d. Our Users and third parties authorized by our Users.
We share Personal Data with Users as necessary to maintain a
User account and provide the Services. We share data with
parties directly authorized by a User to receive Personal Data,
such as when a User authorizes a third party application
provider to access the User’s UPPmarket account using
UPPmarket’s API. The use of Personal Data by an authorized third
party is subject to the third party’s privacy policy.
e. Corporate transactions. In the event that
we enter into, or intend to enter into, a transaction that
alters the structure of our business, such as a reorganization,
merger, sale, joint venture, assignment, transfer, change of
control, or other disposition of all or any portion of our
business, assets or stock, we may share Personal Data with third
parties for the purpose of facilitating and completing the
transaction.
f. Compliance and harm prevention. We share
Personal Data as we believe necessary: (i) to comply with
applicable law, or payment method rules; (ii) to enforce our
contractual rights; (iii) to protect the rights, privacy, safety
and property of UPPmarket, you or others; and (iv) to respond to
requests from courts, law enforcement agencies, regulatory
agencies, and other public and government authorities, which may
include authorities outside your country of residence.
5. Your Rights and
Choices.
You have choices regarding our use and disclosure of your
Personal Data:
a. Opting out of receiving electronic communications
from us. If you no longer want to receive
marketing-related emails from us, you may opt-out via the
unsubscribe link included in such emails. We will try to comply
with your request(s) as soon as reasonably practicable. Please
note that if you opt-out of receiving marketing-related emails
from us, we may still send you important administrative messages
that are required to provide you with our Services.
b. How you can see or change your account Personal
Data. If You would like to review, correct, or update
Personal Data that You have previously disclosed to us, You may
do so by signing in to your UPPmarket account or by contacting
us.
c. Your data protection rights. Depending on
your location and subject to applicable law, you may have the
following rights with regard to the Personal Data we control
about you:
-
The right to request
confirmation of whether UPPmarket processes Personal Data
relating to you, and if so, to request a copy of that
Personal Data;
-
The right to request that
UPPmarket rectifies or updates your Personal Data that is
inaccurate, incomplete or outdated;
-
The right to request that
UPPmarket erase your Personal Data in certain circumstances
provided by law;
-
The right to request that
UPPmarket restrict the use of your Personal Data in certain
circumstances, such as while UPPmarket considers another
request that you have submitted (including a request that
UPPmarket make an update to your Personal Data); and
-
The right to request that we export to another company,
where technically feasible, your Personal Data that we hold
in order to provide Services to you.
Where the processing of your Personal Data is based on your
previously given consent, you have the right to withdraw your
consent at any time. You may also have the right to object to
the processing of your Personal Data on grounds relating to your
particular situation.
d. Process for exercising data protection rights.
In order to exercise your data protection rights, you may
contact UPPmarket as described in the Contact
Us section below. We take each request seriously. We will
comply with your request to the extent required by applicable
law. We will not be able to respond to a request if we no longer
hold your Personal Data. If you feel that you have not received
a satisfactory response from us, you may consult with the data
protection authority in your country.
For your protection, we may need to verify your identity before
responding to your request, such as verifying that the email
address from which you send the request matches your email
address that we have on file. If we no longer need to process
Personal Data about you in order to provide our Services or our
Sites, we will not maintain, acquire or process additional
information in order to identify you for the purpose of
responding to your request.
If you are a Customer of a UPPmarket User, please direct your
requests directly to the User. For example, if you are
registering, or have registered, for the sale of products
manufactured by a manufacturer using UPPmarket as a vendor, and
you have a request that is related to the information that you
provided as part of the registration, then you should address
your request directly to the manufacture.
6. Security and
Retention.
We make reasonable efforts to ensure a level of security
appropriate to the risk associated with the processing of
Personal Data. We maintain organizational, technical and
administrative measures designed to protect Personal Data within
our organization against unauthorized access, destruction, loss,
alteration or misuse. Your Personal Data is only accessible to a
limited number of personnel who need access to the information
to perform their duties. Unfortunately, no data transmission or
storage system can be guaranteed to be 100% secure. If you have
reason to believe that your interaction with us is no longer
secure (for example, if you feel that the security of your
account has been compromised), please contact
us immediately.
If you are a UPPmarket User, we retain your Personal Data as
long as we are providing the Services to you. We retain Personal
Data after we cease providing Services to you, even if you close
your UPPmarket account, to the extent necessary to comply with
our legal and regulatory obligations, and for the purpose of
fraud monitoring, detection and prevention. We also retain
Personal Data to comply with our tax, accounting, and financial
reporting obligations, where we are required to retain the data
by our contractual commitments to our financial partners, and
where data retention is mandated by the payment methods that we
support. Where we retain data, we do so in accordance with any
limitation periods and records retention obligations that are
imposed by applicable law.
7. International
Data Transfers.
We are a global business. Personal Data may be stored and
processed in any country where we have operations or where we
engage service providers. We may transfer Personal Data that we
maintain about you to recipients in countries other than the
country in which the Personal Data was originally collected,
including to the United States. Those countries may have data
protection rules that are different from those of your country.
However, we will take measures to ensure that any such transfers
comply with applicable data protection laws and that your
Personal Data remains protected to the standards described in
this Privacy Policy. In certain circumstances, courts, law
enforcement agencies, regulatory agencies or security
authorities in those other countries may be entitled to access
your Personal Data.
If you are located in the European Economic Area (“EEA”) or
Switzerland, we comply with applicable laws to provide an
adequate level of data protection for the transfer of your
Personal Data to the US. UPPmarket, Inc. is certified under the
EU-U.S. and the Swiss-U.S. Privacy Shield Framework and adheres
to the Privacy Shield Principles. For more, see UPPmarket’s Privacy
Shield Policy. In addition, we have implemented
intra-group data transfer agreements which you may view upon
request.
Where applicable law requires us to ensure that an
international data transfer is governed by a data transfer
mechanism, we use one or more of the following mechanisms: EU
Standard Contractual Clauses with a data recipient outside the
EEA, verification that the recipient has implemented Binding
Corporate Rules, or verification that the recipient adheres to
the EU-US and Swiss-US Privacy Shield Framework.
8. Use by Minors.
The Services are not directed to individuals under the age of
thirteen (13), and we request that they not provide Personal
Data through the Services.
9. Updates To this Privacy Policy and Notifications.
We may change this Privacy Policy from time to time to reflect
new services, changes in our Personal Data practices or relevant
laws. The “Last updated” legend at the top of this Privacy
Policy indicates when this Privacy Policy was last revised. Any
changes are effective when we post the revised Privacy Policy on
the Services. We may provide you with disclosures and alerts
regarding the Privacy Policy or Personal Data collected by
posting them on our website and, if you are a User, by
contacting you through your UPPmarket Intake Dashboard, email
address and/or the physical address listed in your UPPmarket
account.
10. Links To Other
Websites.
The Services may provide the ability to connect to other
websites. These websites may operate independently from us and
may have their own privacy notices or policies, which we
strongly suggest ,you review. If any linked website is not owned
or controlled by us, we are not responsible for its content, any
use of the website or the privacy practices of the operator of
the website.
11.
Jurisdiction-specific Provisions.
Residents of the European Economic Area (EEA) and
Switzerland. The entity responsible for the
collection and processing of Personal Data for residents of the
EEA and Switzerland is UPPmarket, Inc. a company incorporated in
the state of New York with offices at 2 3rd Street,
Suite 370,
Troy, NY 12180. To exercise your rights, the Data Protection
Officer may be contacted via dpo@uppmarket.com.
California residents. If you are a California
resident, then, subject to certain limits under California law,
you may ask us to provide you with (i) a list of certain
categories of Personal Data we have disclosed to third parties
for their direct marketing purposes during the immediately
preceding calendar year; and (ii) the identity of those third
parties. To make this request, California residents may contact
us as specified in the contact
us section below.
12. Contact Us
If You have any questions or complaints about this Privacy
Policy, please contact
us electronically or send physical mail to:
UPPmarket Inc.
PO Box 1481
Troy, NY 12181
Attention: UPPmarket DPO