The Up! App Privacy Policy

Revised as of: August 1, 2023

UP! LLC (“UP!”, “we/us”) is committed to your privacy and to providing you with transparency in our information practices. This Privacy Policy (“Policy”) describes how we collect, use, protect and share information in connection with our Site, www.theupapp.com (the “Site”) and in connection with our app “UP! Industrial Machine Repair” (the “App”). By visiting our Site or installing the App and clicking “I agree” or any other button indicating your acceptance of this Policy, you are consenting to the collection, use transfer, manipulation, storage and sharing of your information as described in this Policy.

However, this Policy applies only to information collected by our App or Site and does not apply to any other information that we may collect outside of the App or Site. This Policy imposes no duties on us not imposed by state, federal, or other applicable law.

THE DATA WE COLLECT

The purpose of the Site and App is to connect industrial manufacturers with available machine service providers (the “Service”). In doing so, we and our service providers may collect information including but not limited to:

  • Account and profile information. We collect information when you create an account or edit your profile, such as your name, username, password, email, address, demographic category information you choose to provide. Certain parts of your profile may be publicly displayed as part of the Service and thus visible to others.

  • User generated information. While utilizing our Services, any image, profile image, video, audio, personal contacts, text, questions, quizzes/forms/survey answers, and other associated data files you choose to upload, edit, and/or share will be collected. We collect any of your information or personal identifiers you willingly choose to share on the App/Site. Information such as location data, who created the content, when the content was created, who shared the content, when the content was shared, and how the content was edited or transformed may be attached to the content uploaded as file metadata.

  • Information you provide to us directly or through the App/Site. We collect information that you provide to us directly or through the App/Site, such as when you post questions or comments, respond to surveys, rate the App/Site, or communicate with us.

  • Information collected automatically. When you use our App/Site, we or our third-party service providers may automatically receive and record certain information. For example, this may include your device’s IP address, user-agent string, information about your use of the App/Site during your current session and over time (including the pages you view and the files you download), the date and time of your visit, links you click, searches conducted, the website visited before navigating to the App/Site, your software and hardware attributes (including browser and operating system type and version, App/Site version, device type, and device identifiers), and your general location inferred from your zip code data uploaded to the App/Site. To obtain such information, we or our third-party service providers may use the following technologies to recognize your device and collect information about your App/Site usage:

    • Server logs. When you use the App/Site, we automatically receive and record certain information from your computer (or any other device) and your browser. To obtain such information, we may use server logs or applications that recognize your device and gather information about its online activity.

    • Cookies. We also use cookies. Cookies are small files that are stored on your device by your web browser. A cookie allows us to recognize whether you have visited before and may store user preferences and other information. If you are concerned about having cookies on your device, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your device. However, if you choose to block or delete cookies, certain features of the App/Site may not operate correctly.

    • Web beacons, tags, pixels, and similar technologies. The App/Site or the emails that you receive from us may use an application known as a “web beacon” (also known as a “tag” or “pixel”) and similar technologies. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data. For example, it may allow an email sender to determine whether a user opens a particular email.

  • Mobile advertising IDs. We may use mobile advertising identifiers (such as Apple’s IDFA or Google’s Advertising ID) to collect information for analytics purposes, as described in the section below titled “Third-Party Analytics.”

We may combine information collected through the App/Site with information that we collect in other contexts, such as information from our email communications or phone calls with you, or data that we collect in discussion forms or postings. We will treat such combined information in accordance with this Privacy Policy.

HOW WE USE THE DATA WE COLLECT

We use your information to:

  • To facilitate the Service and/or the App/Site. To provide our Service, the App/Site, fulfill the terms of any agreement you have with us, respond to your requests, and for other purposes related to managing our organization. Depending on your status, we may provide information about your Service needs or your Service capabilities.

  • Communicating with you/ managing your requests. To communicate with you regarding your account or any requests you may have, important updates regarding our App/Site and other administrative issue.

  • Service providers. To facilitate the Service and to provide our service providers with accurate and timely feedback on their performance and opportunities for improvement.

  • Safety and compliance with the law. To detect and prevent fraudulent or other misleading use of the Service, the App/Site. To the extent required by law, we will provide law enforcement or other governmental bodies, any information request as necessary to comply with legal processes.

  • To deliver targeted advertising to you. Including by using your information to develop and display content and advertising (and work with third-party vendors who do so) tailored to your interests and/or location and to measure its effectiveness.

  • For business transfers. Including to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our App/Site users is among the assets transferred.

  • Business partners. To provide promotional messages, marketing, advertising, and other information that may be of interest to you based upon your preferences as established by your use of the Service and other sources.

  • For improving the App/Site. Including for data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our App/Site, products, content, marketing, and your experience.

HOW WE SHARE THE DATA WE COLLECT

We do not disclose your information that you’ve made through our App/Site with outside parties, except to companies that host our data services, process payments, deliver communications on our behalf, fulfill Service requests, operate apps, or plug-ins on our behalf, or for a variety of reasons, including as follows

  • Third Party Service Providers. We will share your personal information with trusted third parties who assist us in operating our Site, conducting our business, or providing Services to you, so long as these parties agree to keep the information confidential. We will also share any information you have submitted to the App/Site with third-party users you specify. We may share certain de-identified information, such as chart data, with third parties for research and educational purposes.

  • Other users of the App/Site. We may allow you to share information directly with other users of the App/Site. For example, if you post questions or comments to other users through the App/Site, add information to your profile, respond to surveys or requests to rate the App/Site, or use other features of the App/Site, then your questions, comments, profile, or other information may be seen by other users of the App/Site. Please ensure when using these features that you do not submit any information that you do not want to be shared with other users or the public.

  • Third-party plugins. The App/Site may integrate certain third-party plugins (such as a Facebook “like” button and Twitter “follow” button). Even if you do not click on these plugins, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie or use similar tracking technologies. These plugins are governed by the privacy policy of the company providing them.

  • Legal purposes. We may use or share your information with third parties when we believe, in our sole reasonable discretion, that doing so is necessary:

    • To comply with applicable law or a court order, subpoena, or other legal process;
    • To investigate, prevent, or act regarding illegal or prohibited activities, suspected fraud, violations of our rules or terms and conditions, or situations involving threats to other athletes, volunteers or users, our property, or the property or physical safety of any person or third party;
    • To establish, protect, or exercise our legal rights or defend against legal claims.

  • Organizational transfers. We may share your information with third parties to facilitate the financing, securitization, insuring, merger, acquisition, sale, assignment, bankruptcy, or other disposal of all or part of our organization or assets.

  • Aggregated and de-identified information. We may share aggregated and de-identified information with third parties, such as by publishing or sharing reports with third parties about trends in the usage of the App/Site.

  • With your Consent. In any situation to which you have given us your consent to disclose.


You may choose to restrict the collection or use of your information in the following ways:

  • Via your browser settings to opt out of tracking techs or disabling location sharing, limiting certain sharing, or limiting selling (e.g., Do Not Sell)

  • If you have previously agreed to us using your information for marketing purposes, or subscriptions, you may change your mind at any time by using the unsubscribe links in your emails or by emailing us at support@theupapp.com.

YOUR RIGHTS AND CHOICES

For certain jurisdictions: PIPEDA (Personal Information Protection and Electronic Documents Act) provides Canadian resident consumers with specific rights regarding your personal information. Other jurisdictions may also provide similar rights. This section describes your PIPEDA rights and explains how to exercise those rights. If you make any of the following requests, we will respond to your request as soon as possible, and in any event, no later than thirty (30) days after receipt, except for in the event we notify you otherwise or additional time needed to respond.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete personal information related to you.

Right to Know, Portability, and Correction: You have the right to request that we disclose certain information to you about our collection and use of your personal information. Once we receive your request and confirm your indentity, we will disclose to you:

  • The personal information we collected about you,
  • Where the personal information was obtained, and
  • How the personal information is or has been used and to whom it has been disclosed.

If after reviewing the personal information we have provided you determine your information is inaccurate, you may request that we correct any inaccurate personal information. All personal information corrections will be communicated to any applicable third parties that have access to the personal information and where notification is appropriate.

Right to Delete: You have the right to request that we delete any of your personal information that we have collected from you and retained. Once we have received your request and confirmed your identity, we will delete your personal information as requested, except for situations in which an exception is applicable. Exceptions include:

  • Your personal information is needed to complete a transaction within our App or Website. If you wish to maintain your Account in our App or Website, we must retain your personal information.

Refusal to provide personal information: We may refuse to provide personal information in the event; we cannot confirm your indentity or you fail to provide information necessary for us to locate your personal information, for situations in which searching for and providing the personal information is prohibitively costly, where the personal information contains references to other individuals, or when information cannot be disclosed for legal, security, or commercial proprietary reasons.

We reserve the right to charge nominal fees providing personal information in accordance with Section 4.9.4 of Schedule 1 of the PIPEDA.

DATA SECURITY

We have implemented data collection, storage, and processing practices designed to secure your information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to our App/Site. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our App/Site.

THIRD PARTY ANALYTICS

We partner with certain third parties to collect information to engage in analytics, auditing, research, and reporting. These third parties may use server logs, web beacons, tags, pixels, mobile advertising IDs (such as Apple’s IDFA or Google’s Advertising ID), and similar technologies, and they may set and access cookies on your computer or other device. In particular, our App/Site uses Google Analytics to help collect and analyze certain information for the purposes discussed above. When you visit sites or use apps that use Google Analytics, you may choose to enable Google to link information about your activity from one site or app with activity from other sites or apps. You may learn more about Google Analytics’ data practices by clicking here and opt out of the use of cookies in web browsers by Google Analytics.

CHILDREN’S PRIVACY

We do not knowingly collect information from children under 13. If you are under 13, do not use or provide any information, register an account, enter any subscriptions, make any purchases or submit any applications, or use any of the interactive or public comment features of our App/Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@theupapp.com.

MISCELLANEOUS

Periodically, we will update the terms of this Policy. Updates are made in our sole discretion. Your use of the Site or the App following an update released by us is an indication of your acceptance of this Policy as updated. All Policy updates will be identified via the effective date above and all material changes will be communicated to Users via their Account information provided.

We will retain your information only for as long as is necessary for the purposes set out in this Policy and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

HOW TO CONTACT US

You may contact UP! Customer Support by use of the Site, the application, email, or US postal service at:

UP! LLC

7680 Innovation Way, Mason, OH 45040

support@theupapp.com

(614) 407-8674

Please reference Customer Success in any communication.