Privacy Policy — UpSquad

UpSquad Inc. ("UpSquad", "our", "us" or "we") respects your privacy and is committed to protecting it through our compliance with this privacy policy ("Privacy Policy").

Please read this Privacy Policy carefully to understand how UpSquad uses and protects the information that we collect from visitors to our website at UpSquad.com, all other websites owned and operated by UpSquad that redirect to UpSquad.com and all subdomains of UpSquad.com (collectively, the "UpSquad Site") the users ("Users") of the UpSquad Properties (as defined below), and Users' sessions and videos ("Participants").

This Privacy Policy applies to information collected by UpSquad through the UpSquad Site, any UpSquad computer software downloadable or otherwise available from the UpSquad Site ("UpSquad Software") and any UpSquad services purchased or otherwise made available from the UpSquad Site ("UpSquad Services") (collectively, the "UpSquad Properties").

This Privacy Policy does not apply to the practices of any third party websites, applications or services that UpSquad does not own or maintain (collectively, "Third Party Services") or to any third parties that use the UpSquad Application Programming Interface (API) to perform any function related to the UpSquad Properties ("Integrated Platforms"). In particular, this Privacy Policy does not cover any information or other content you can view via the UpSquad Properties on Integrated Platforms or information you provide to Third Party Services accessed via the UpSquad Properties. As further detailed below, we have no responsibility for the content or privacy policies of any Third Party Services. If you are a Participant we encourage you to carefully review the privacy policies of the UpSquad User whose Content you view and the privacy policies of any Integrated Platforms or Third Party Services used by such User which you may access via the UpSquad Properties.

This Privacy Policy also does not cover any information, recorded in any form, about more than one individual where the identity of the individuals is not known and cannot be inferred from the information ("Aggregated Information"). UpSquad retains the right to use Aggregated Information in any way that it reasonably determines is appropriate.

By using a Service or otherwise providing us with your Personal Information (as defined below), you are accepting the practices described in this Privacy Policy, as they may be amended by us from time to time, and agreeing to our collection and use of your information in accordance with this Privacy Policy. If you do not agree to the collection, use and disclosure of your information in this way, please do not use any of the UpSquad Properties or otherwise provide UpSquad with Personal Information.

What Information UpSquad Collects From You

UpSquad collects only the information required to provide products and services to you. The amount of information provided by you and collected by UpSquad depends on the circumstances. UpSquad may collect two (2) types of information about you: Personal and Non-Personal.

"Personal Information." Personal Information means any information relating to an identified or identifiable individual. An identifiable individual is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual. UpSquad may collect Personal Information when you use the UpSquad Properties including, without limitation, setting up account information, filling out surveys, corresponding with UpSquad, or otherwise volunteering information about yourself.

"Non-Personal Information." Non-Personal Information refers to information that, by itself, does not identify you as a specific individual (e.g. demographic information or website visitations). UpSquad may collect Non-Personal Information through any of the methods discussed above as well as automatically through use of industry standard technologies described further below.

How UpSquad Collects Your Information

Registration. Prior to using one or more of the UpSquad Properties, UpSquad may require you to provide us with certain Personal Information and Non-Personal Information to create an account ("Account") or to enable features or functionality of the UpSquad Properties.

Users. UpSquad may gather Personal Information about organizational representatives via various methods (phone call, online forms, in-person meetings) but only if such Personal Information is submitted voluntarily. UpSquad may use such Personal Information for sales, marketing, and support of the UpSquad Properties. This Personal Information is never shared with third parties other than Third Party Service Providers utilized by a User in connection with UpSquad Services.

User communications. When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve the UpSquad Properties.

Payment Information. When creating an Account, for certain UpSquad Properties, or when you make online purchases, you may be asked to provide information, which may include your payment instrument number (e.g., credit card), your name and billing address, and the security code associated with your payment instrument (e.g., the CSV) and other financial data ("Payment Information"). We use Payment Information to complete transactions as well as for the detection and prevention of fraud. When you provide Payment Information while authenticated, we will store that data to help you complete future transactions without your having to provide the information again. We do not, however, retain the security code associated with your payment instrument (e.g., the CSV) in this manner. To remove or modify Payment Information, please contact us. After you close your account or remove Payment Information, however, we may retain your Payment Information for as long as reasonably necessary to complete your existing transaction and for the detection and prevention.

Information Collected Through Technology. UpSquad automatically collects and receives certain information from your computer or mobile device, including the activities you perform on the UpSquad Site, the UpSquad Software and the UpSquad Services, the type of hardware and software you are using (for example, your operating system or browser), and information obtained from cookies (see below). If you have an Account, we may link this Non-Personal Information to your Account to better understand your needs and the needs of Users in the aggregate, diagnose problems, analyze trends, provide services, improve the features and usability of the UpSquad Properties, and better understand and market to our customers and Users.

We use technology to automatically gather information by the following methods:

Cookies. UpSquad uses cookies on the UpSquad Site and other aspects of the UpSquad Properties. Cookies, including local shared objects, are small pieces of information that are stored by your browser on your computer's hard drive which work by assigning to your computer a unique number that has no meaning outside of the UpSquad Properties. Cookies do not generally contain any Personal Information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the UpSquad Properties unavailable to you.
IP Address. You may visit many areas of the UpSquad Site anonymously without the need to become a registered User. Even in such cases, UpSquad may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin services with an Internet services provider. Each time you access the UpSquad Site and each time you request one of the pages of the UpSquad Site, the server logs your IP address.
Web Beacons. Web beacons are small pieces of data that are embedded in web pages and emails. UpSquad may use these technical methods in HTML emails that UpSquad sends to Users to determine whether they have opened those emails and/or clicked on links in those emails. The information from use of these technical methods may be collected in a form that is Personal Information.
Tracking Content Usage. If you use the UpSquad Services and you post audio visual materials including, without limitation, videos, links, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials (collectively, "Content") to your website or to a third party website, UpSquad tracks and captures Non-Personal Information associated with User accounts and the use of Content by those that access your Content.

Information You Provide About a Third Party. You may have the opportunity to communicate with others from the UpSquad Properties, such as by sending an invitation to a friend. If you choose to take advantage of this functionality, we may ask you to provide us with certain information about the person with whom you wish to communicate (e.g., name, email address, etc.). UpSquad collects such information for the purposes of facilitating the requested communication, which may contain a specific promotional message from you (e.g., an invitation to watch a video). Unless we explicitly say otherwise, UpSquad will not use this information for other marketing purposes without first obtaining consent from the person to whom the relevant information pertains. Please be aware that when you use any invitation functionality on the UpSquad Properties, your email address, name or username, and message may be included in the communication sent to your addressee(s).

How UpSquad Uses Your Information

Personal Information. UpSquad identifies the purpose for which your Personal Information is collected and will be used or disclosed. If that purpose is not listed below, we will identify any additional purposes for which we will collect your Personal Information, before or at the time of collection, and we will obtain your consent to collect, use or disclose your Personal Information for such additional purpose(s).

By using the UpSquad Properties, you will be deemed to consent to our use of your Personal Information for the purposes of:

communicating with you generally;
processing your purchases;
processing and keeping track of transactions and reporting back to you;
protecting against fraud or error;
providing information or services requested by you;
administering and managing the UpSquad Properties and our business operations;
personalizing your experience with the UpSquad Site, as well as evaluating statistics on UpSquad Site activity;
performing statistical analyses of your behavior and characteristics, in order to measure interest in and use of the various sections of the UpSquad Site;
communicating with you on other websites;
email gating;
delivery of content and information to Third Party Services Providers;
complying with legal and governmental requirements; and/or
fulfilling any other purpose that would be reasonably apparent to the average person at the time that we collect it.

Users utilize UpSquad Properties to manage and deliver Content to Participants. As part of this process, UpSquad may collect Personal Information from you.

Otherwise, we will obtain your express consent (by verbal, written or electronic agreement) to collect, use or disclose your Personal Information. You can change your consent preferences at any time by contacting us (see the "How to Access, Change and Erase Your Personal Information" section below).

UpSquad extends the rights granted to "data subjects" under the General Data Protection Regulation (Regulation (EU) 2016/679) (the "GDPR") to all of its Users. Consequently, you have the right to withdraw your consent to our processing of your Personal Information at any time (if our processing is based on consent) and the right to object to our processing of your Personal Information (if processing is based on legitimate interests).

Non-Personal Information. UpSquad may use Non-Personal Information for the following purposes:

System Administration: UpSquad may use Non-Personal Information for the purposes of system administration, assisting in diagnosing problems with Users, monitoring UpSquad's system performance and traffic on the UpSquad Properties and to gather broad demographic information about UpSquad Users.
Personalization: UpSquad uses cookies and IP addresses to track features such as delivering Content specific to your interests and informing you of new, relevant services or certain third party offerings.
Advertising: UpSquad may use Non-Personal Information to assist in optimizing the delivery of advertisements to Participants of your Content.

How to Access, Change and Erase Your Personal Information

UpSquad will allow Users to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests. Additionally, upon request, UpSquad will delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete a User's entry without some residual information being retained due to the manner in which data backups are maintained. Requests to delete Personal Information may be submitted to hello@upsquad.com.

Users also have the right to receive their Personal Information from us in a structured, commonly used and machine-readable format, and the right to transmit their Personal Information to another controller without hindrance from us (data portability).

Email Preferences

UpSquad may use your Personal Information to send you emails periodically listing promotions or events relating to the UpSquad Properties. You have the choice to opt-out of receiving such promotional emails by sending an email to hello@upsquad.com and/or following the instructions in such correspondence. Once UpSquad has processed your opt-out request, UpSquad will not send you promotional emails unless you opt back in to receiving such communications.

Disclosure of Information to Third Parties

Except as described below, we do not sell, transfer or otherwise disclose, sell, trade, or otherwise transfer your Personal Information to outside parties. This statement does not include trusted third party service providers who assist us in administering and providing the UpSquad Properties or provide services to us. Examples include storing and managed Content, analyzing data, providing marketing assistance, integrations of Third Party Services such as CRM and MAP services, processing credit card payments, and providing customer service. These third party service providers will have access to Personal Information needed to perform their functions, but may not use it for other purposes.

We may use service providers located outside of the United States, and, if applicable, your Personal Information may be processed and stored in other countries and therefore may be subject to disclosure under the laws of those countries. You explicitly consent and agree to such transfer, storing and/or processing of your Personal Information outside of the United States or other country in which you are located.

We may share Payment Information with third parties for purposes of fraud prevention or to process payment transactions.

We may also release your information when we believe release is appropriate to comply with the law, enforce our policies, or protect our or others' rights, property or for safety. We may also provide non-Personal Information to other parties for marketing, advertising or other uses.

Information, including Personal Information, which we collect from Users and Participants, is considered to be a business asset. As a result, in the unlikely event that we go out of business, enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your Personal Information may be disclosed or transferred to the third-party acquirer in connection with the transaction.

Lastly, we may provide Users or Subscription holders with certain identifiable usage information directly related to the video sessions and/or other Content that Participants of the Subscription use through the UpSquad Properties. Such information may include how many and which video session or Content of a particular User was used by a particular Participant, from where a particular Session/Content was used by a particular Participant and how many times a particular Session/Content was used by a particular Participant. In addition, if you, as a Participant, provide Personal Information (e.g. email address) as part of accessing and using Content, that Personal Information may be collected by us, a provider of Third Party Services or an Integrated Platform on behalf of the User who owns the Session/Content and shared with that User or Third Party Service providers to that User, as we and others are their service provider. The use of such information will be subject to the information and privacy practices and policies of such Users and UpSquad will not be responsible or liable for the use of any information by such Users.

Under certain exceptional circumstances, UpSquad may have a legal duty or right to collect, use or disclose your Personal Information without your knowledge or consent. In accordance with applicable laws, We will not disclose any consumer information (which may include Personal Information) without your written consent, except where consumer information is required to be disclosed: (i) for billing or market operation purposes; (ii) for law enforcement purposes; or (iii) for the purpose of complying with a legal requirement.

You are deemed to consent to disclosure of your information for the above purposes. If your Personal Information is shared with third parties other than Users, those third parties may be, but are not always, subject to appropriate agreements with UpSquad and/or its Users to secure and protect the confidentiality of your Personal Information.

Safeguarding Your Personal Information

UpSquad takes appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Personal Information. These include, but are not limited to, internal reviews of: (a) UpSquad's data collection; (b) storage and processing practices; (c) electronic security measures; and (d) physical security measures to guard against unauthorized access to systems where UpSquad stores Personal Information.

Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your Personal Information, we cannot ensure or warrant the security of any information you provide to us.

All UpSquad employees, contractors and agents who access Personal Information are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution or unauthorized use or disclosure of Personal Information.

Some or all of the Personal Information we collect may be stored or processed on servers located outside your jurisdiction of residence, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.

Retention of Information

UpSquad retains the Personal Information that we collect about you for as long as reasonably necessary for the purposes set out in this Privacy Policy. We also may retain your Personal Information for a longer period of time on the basis of our legitimate interests in providing or marketing our services to you or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use information that has been aggregated or anonymized so that it can no longer be used for personal identification.

Children and Students

Under the Family Educational Rights and Privacy Act (FERPA), UpSquad acts as a "school official" with "legitimate educational interests" and contractually relies on educational institutions to obtain parental consent, if required.

More generally, UpSquad has procedures in place to protect the personal information of students and children under 13, as detailed below. We do not use such information for any purpose other than to provide our services and for the specific uses set forth below, in accordance with contractual agreements with our customers and our Terms of Service. UpSquad takes the privacy of students and children extremely seriously, and has privacy settings to help protect students' access to explicit or inappropriate materials. If you are under 13, do not use or provide any information on the UpSquad Site or via the UpSquad Services without parental consent with your educational institution. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent with the educational institution, we will delete that information. If you believe we might have any information from or about a child under 13 without parental consent, please contact us at hello@upsquad.com.

Consent to Collect, Use, or Disclose Personally Identifiable Information from Children Under 13. Children under 13 may only use UpSquad's Products with the prior consent of a parent or educational institution acting on behalf of the child's parent. We will not collect, use, or disclose any personally identifiable information from children under 13 without such consent. Educational institutions may consent to the collection, use, or disclosure of personally identifiable information from children under 13 by agreeing to purchase our products.

Personal Information from Children Under 13 Provided to UpSquad. UpSquad products may collect the following categories of personal information from children under 13, with the appropriate consent:

Information provided via customers or through the use of UpSquad's Products, assessment data, conduct or behavior data, demographic data, enrollment data, contact information, course schedule data, online communications, student identifiers (e.g., school ID number), academic or extracurricular program membership, student-generated content, transcript data, college interests, college application list, college scholarships, career interests, and post-secondary planning data; and
Usage, browser and device information. UpSquad does not allow personal information from children under 13 to be made publicly available via its Products. UpSquad does not share personal information from children under 13 with third parties unless consented to under our customer agreements or necessary under the law.
Service providers, partners, and product integrations. Our service providers help us with things like data security, cloud hosting, information technology, customer support, usage and analytics, email delivery, application performance monitoring, and user identity and authentication. In addition, some of our Products may support partnerships and integrations that offer certain features to users, at the election of educational institutions.
Administrative and legal reasons. When reasonably necessary to meet and comply with any applicable law, regulation, legal process or enforceable governmental request; enforce applicable Terms of Service, including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; or protect against harm to the rights, property or safety of UpSquad, our users or the public as required or permitted by law.
Business transitions. In the event that UpSquad goes through a business transition such as a merger, acquisition by another company, sale of all or a portion of its assets, bankruptcy, or other corporate change (including during the course of any due diligence process), this personal information may be shared or transferred based on consent of our customers.

Our customers, educational institutions, may share personal information of students with educators as needed for educational purposes. UpSquad does not control and is not responsible for this type of sharing. If you are a parent and have questions about this, please contact your child's educational institution.

UpSquad does not share personally identifiable information from children under 13 for advertising or marketing purposes.

Parental Rights. For UpSquad Products provided to educational institutions, the collection, maintenance, and use of personal information from children under 13 is controlled by the educational institution that contracts with UpSquad for use of its Products. If you are a parent and have questions regarding personally identifiable information collected from your child as part of their educational institution's use of UpSquad's Products, including your rights to review, delete, and refuse further collection of such information from your child, please contact your child's educational institution. UpSquad cannot delete such information unless authorized by your child's educational institution.

Third Party Websites and Services

The UpSquad Properties may contain links to third party websites or services, including Third Party Services (collectively, "Third Party Sources") who may collect Personal Information and Non-Personal Information directly from you. Links to Third Party Sources are intended for convenience only. Third Party Sources are wholly independent from UpSquad. Third Party Source may have separate privacy policies and data collection practices, independent of UpSquad. UpSquad: (a) has no responsibility or liability for these independent policies or actions; (b) is not responsible for the privacy practices or the content of such websites; and (c) does not make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them.

Changes to This Privacy Policy

The terms in this Privacy Policy may be changed from time to time, so you should review it periodically for changes. We reserve the right, at any time, to modify or replace this Privacy Policy. The date of the most recent version of the Privacy Policy is noted below under "Effective Date of this Privacy Policy." We may also notify you via email or other direct electronic communication method of any changes that, in our sole discretion, materially impact your use of the UpSquad Properties or the treatment of your Personal Information. Your use of the UpSquad Properties following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.

How to Contact Us

If you have any questions or concerns about this Privacy Policy or our privacy practices, you may contact us directly as follows:

Email us: hello@upsquad.com

or:

UpSquad, Inc. 3618 Walker Ave Memphis, TN 38152