UP9 Privacy Policy

The following is the Privacy Policy for the use of the service offered and provided by UP9 Inc. ("UP9") via its Website (as defined below). Capitalized terms used herein but not otherwise defined in this Privacy Policy shall have the meanings ascribed to them in UP9 Terms and Conditions. UP9 respects the privacy of its customers and of any visitors of UP9's website up9.com or up9.app (the "Website"). UP9 is committed to maintain the privacy and confidentiality of the Information (as such term is defined below). Please carefully read this Privacy Policy and the Terms and Conditions (located at https://up9.com/terms/up9-terms-of-service), which are incorporated herein by reference (together, the "Terms"). The services offered to the visitors of the Website (the "Visitor(s)") is conditioned on the Visitor’s acceptance without any modification of this Privacy Policy.

  1. Term of this Privacy Policy This Privacy Policy will enter into effect by using or visiting the Website, and shall remain in effect for an indefinite period of time so long as the Visitor is using or visiting the Website. By visiting the Website, Visitor hereby explicitly consents to the collection, storage, use, and transfer of the Information (as defined below) as UP9 has outlined in this Privacy Policy.
  2. The Information UP9 collects and how UP9 collects it
    2.1. Information Collected by using the Website ("Personal Data").
    2.1.1. As part of registration process, Visitor may be required to provide UP9 with the Visitor's name, phone number, email and the username and the password for Visitor account in the Website (if and when applicable);
    2.1.2. Information collected by the UP9 software when deployed on the customer’s systems
    2.1.3. Additional information is also collected when Visitor configures and uses the Website, contacts UP9 customer support, or sends UP9 other communication, and when he/she signs up for UP9's newsletters or special offers (if and when applicable).
    2.2. Information Collected via the Website ("Usage Data").
    2.2.1. Information is collected when Visitor contacts UP9 support, or sends UP9 other communication, or signs up for newsletters or special offers;
    2.2.2. Test results obtained through using the Service offered on the Website;
    2.2.3. Cookies - Like many other websites, UP9 uses "cookies" to collect data in order to assist Visitors and provide them with a more personal experience in using the Website. Standing alone, “cookies” do not personally identify any Visitors; they merely recognize the Visitor's web browser. Visitors can always disable cookies at Visitor's browser. If Visitors disable the cookies, some (or all) of the features and functionality of the Website may not be available to such Visitors. Visitors expressly consent to UP9’s use of cookies, as detailed above;
    2.2.4. UP9 may also use other technologies (such as web beacons) to collect anonymous non-personally identifiable information. Such information may include Visitor's IP address, browser type, referring website, site usage, and whether Visitors opened emails Visitors received from UP9;
    2.2.5. Web pages that Visitors visit; and
    2.2.6. Any other data normally stored in website logs. Personal Data and Usage Data shall be referred together as the "Information".
  3. What UP9 does with the Information The Information will be used in accordance with applicable laws for the following purposes:
    3.1. Improve the functionality, design and quality of the Website;
    3.2. UP9 may occasionally inform a Visitor (if such Visitor agrees to receive such notifications from UP9) of new features, functionality, services and products, and other promotions from UP9 as well as send Visitor with periodic updates, tips and newsletters. Visitors may opt-out of receiving these correspondences from UP9 by following the unsubscribe instructions included in each email. Please note that regardless of Visitor's election, UP9 may continue sending (a) operational informational notices to the Visitors, such as instructions how to open an Account etc.; and (b) notices with respect revisions made to the Terms and Conditions.
    3.3. To respond to questions and comments from Visitors.
    3.4. To provide customer support, and in order to detect, prevent and address technical issues.

    3.5. To gather analysis or valuable information so that UP9 can improve its services, and to monitor the usage of the Website.
    3.6. UP9 may post Visitors' testimonials on the Website which may contain personally identifiable information. By providing such testimonial to UP9, the Visitors hereby agree and consent that UP9 will post Visitor's name along with Visitor's testimonial.
    3.7. UP9 will retain the Information until the Visitor requests to delete the Information.
  4. Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR) If a Visitor is from the European Economic Area (EEA), UP9's legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data it collects and the specific context in which UP9 collects it. UP9 may process Visitors' Personal Data because:
    4.1. UP9 needs to perform a contract with such Visitors;
    4.2. The Visitors have given UP9 permission to do so;
    4.3. The processing is in UP9's legitimate interests and it's not overridden by Visitors' rights;
    4.4. To comply with the law.
  5. Storing the Information
    5.1. UP9 will retain Visitors' Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. UP9 will retain and use Visitors' Personal Data to the extent necessary to comply with UP9's legal obligations (for example, if UP9 is required to retain such data to comply with applicable laws), resolve disputes, and enforce UP9's legal agreements and policies.
    5.2. UP9 will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of UP9's services, or in case UP9 is legally obligated to retain this data for longer time periods.
    5.3. The server(s) on which the Website is hosted and/or through which any of the services provided via the Website are processed, are within the United States of America, however, some of the Information may be stored on the servers located outside of the United States of America and managed by third parties.
  6. Sharing Information with Third Parties UP9 will be entitled to share Information with third parties, as follows:
    6.1. UP9 may disclose general aggregate non-personal information to potential business partners, investors, or the public, but UP9 will not, without Visitor's specific permission, disclose any of Visitor's Information to third parties;
    6.2. If UP9 becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, UP9 may transfer all of the Information in connection with such a transaction.
    6.3. UP9 may use and share Information with certain third-parties that assist UP9 to operate the Website (e.g. cloud providers, email distribution service providers, CRM providers, support ticketing providers and other similar service providers). Such third-party providers will have access to the Information as required to perform their functions, but may not use it for other purposes.
    6.4. UP9 may share the Information with UP9's affiliates and subsidiaries;
    6.5. UP9 may share Information with third parties in order to comply with any applicable law, legal process, preventing fraud or imminent harm, ensuring the security of the Website, and when UP9 believes that disclosure is necessary to protect UP9 rights.
  7. Visitors' Data Protection Rights Under General Data Protection Regulation (GDPR)
    7.1. If a Visitor is a resident of the European Economic Area (EEA), such Visitor has certain data protection rights. UP9 aims to take reasonable steps to allow any Visitor to correct, amend, delete, or limit the use of its Personal Data.
    7.2. If a Visitor wishes to be informed what Personal Data UP9 holds about them, or if a Visitor wishes that such Personal Data will be removed from UP9's systems, please contact UP9 via email: info@up9.com.
    7.3. In certain circumstances, a Visitor may have the following data protection rights:
    7.3.1. The right to access, update or to delete the information UP9 has on such a Visitor. Whenever made possible, a Visitor can access, update or request deletion of their Personal Data directly within their account settings section. If needed, assistance may be provided by contacting UP9.
    7.3.2. The right of rectification. Visitors have the right to have their information rectified if that information is inaccurate or incomplete.
    7.3.3. The right to object. Visitors have the right to object to UP9's processing of their Personal Data.
    7.3.4. The right of restriction. Visitors have the right to request that UP9 restrict the processing of their personal information.
    7.3.5. The right to data portability. Visitors have the right to be provided with a copy of the information UP9 have on them in a structured, machine-readable and commonly used format.
    7.3.6. The right to withdraw consent. Visitors also have the right to withdraw their consent at any time where UP9 relied on their consent to process their personal information.
    7.3.7. UP9 may ask a Visitor to verify its identity before responding to such requests.
    7.3.8. Visitors have the right to complain to a Data Protection Authority about UP9's collection and use of their Personal Data. For more information, please contact a local data protection authority in the European Economic Area (EEA).
  8. Visitors' Data Protection Rights Under California laws. If a Visitor is a resident of the State of California, such Visitor has certain data protection rights, which include, inter alia, the following: (i) a Visitor can request that we disclose to him certain Personal Data we collected from him; (ii) a Visitor has the right to request the deletion of certain Personal Data we collected from him; (iii) a Visitor can obtain from us once a year, free of charge, certain information about the Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year.
  9. Third Party Websites The Website includes links to other websites whose privacy practices may differ from this Privacy Policy. If Visitor submits personal information to any of those sites, such information is subject to third party privacy statements. UP9 encourages Visitors to carefully read the privacy statement of any website a Visitor visits.
  10. Information Security
    10.1. UP9 uses industry standard security measures to protect the Information against unauthorized access to or unauthorized alteration, disclosure or destruction. These measures include internal reviews of the Information collection, storage and processing practices and security measures. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, UP9 cannot guarantee the absolute security of the Information.
    10.2. UP9 restricts access to the Information to UP9's employees, contractors and agents who need to know such Information. These individuals are bound by confidentiality obligations, and UP9 requires all of them to agree to use the Information solely for the purpose for which it was initially provided to them, and strictly in accordance with this Privacy Policy.
  11. Children's Privacy
    11.1. UP9's Services does not address anyone under the age of 18 ("Children"), and any Visitor must be above 18 years old to use UP9's services.
    11.2. UP9 does not knowingly collect personally identifiable information from anyone under the age of 18. If a parent or guardian is aware that his Children has provided UP9 with any Personal Data, he is requested to contact UP9. If UP9 becomes aware that it has collected Personal Data from children without verification of parental consent, UP9 will take steps to remove that information from its servers. UP9 will obtain prior parental consent if any changes UP9 makes to this Privacy Policy affect users under the age of 13 in a way that requires such consent under COPPA.
  12. Miscellaneous
    12.1. For any question, concern, comments or suggestions regarding this Privacy Policy, please contact UP9 at: info@up9.com.
    12.2. All disputes arising out of this Privacy Policy will be subject to the governing law of State of California, U.S and the exclusive jurisdiction of the competent courts located in the city of San Francisco California, U.S. The parties understand and fully agree that they are giving up their right to have a trial by jury.
    12.3. UP9 reserves the right at any time to modify this Privacy Policy. Any such modification will be effective immediately upon posting the amended Privacy Policy on the Website and/or by sending a notification to the Visitors. The Visitor's continued use of the Website after the effective date of any such modification will be deemed acceptance of such modified Privacy Policy.

Last modified: August 31, 2020