PRIVACY POLICY

Last Revised: May 15, 2017

This is the Privacy Policy ("Privacy Policy") of Upward Labs, Inc. ("Upward Labs", "we", "us", or "our"). Through our website located at upwardlabs.com, any of its subdomains and any mobile sites (collectively, the "Service"), we provide you ("users", "you", or "your") with a community platform to engage with companies whose products you love (each, a "Brand"). Protecting consumer privacy is important to Upward Labs. This privacy policy outlines our general policy and practices, including the types of information we collect, how we use and store the personal and general information you provide us and the choice affected individuals have regarding our use of and their ability to correct that information. Our Terms of Service incorporates by reference this Privacy Policy and governs your use of our Service.

BY USING THE SERVICE, YOU ACCEPT THE PRIVACY POLICY AND THE TERMS OF SERVICE AND YOU EXPRESSLY CONSENT TO OUR COLLECTION, STORAGE, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. If you do not accept the terms of this Privacy Policy, please do not use the Service.

A. INFORMATION WE COLLECT

When you interact with us through the Service, we collect and store personal and general information from you. "Personal Information" includes information that can be linked to a specific individual, such as name, e-mail address, username, password, location, phone number, and login information. "General Information" includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.

1. Information Collected via Technology

Cookies. In an effort to improve the quality of the Service, we may track information provided to us by your browser when you view the Service, such as your internet protocol (IP) address, Internet service provider, the website you came from (known as the "referring URL"), the type of browser you use, your operating system, the device from which you connected to the Service, the time and date of access, the Service pages viewed, time spent at our Service. We track this information using cookies, or small text files which include an anonymous unique identifier ("Cookies"). Cookies are a feature of web browser (Internet Explorer, Firefox, Chrome, etc.) software that allows web servers to recognize the computer used to access a site. Upward Labs only uses session Cookies, which expire when you close your browser. These Cookies allow you to access the Service without needing to remember and then enter a password more than once during a visit to the Service.

If you wish to disable Cookies, you may do so by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Service. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off.

2. Information That You Provide Through the Service

Personal Information That You Provide. We collect Personal Information from you when you voluntarily provide such information, such as when you contact us with inquiries or register for access to the Service. For example, to create an account, you must provide your email address.

If you login to the Service using a social network site such as Facebook (a "Social Network Site"), we access and collect information about your use of the Social Network Site and information you provide to such Social Network Site. To the extent you and the Social Network Site allow, we may access all of your information that is publicly available to other users of the Social Network Site and all information you have provided to the Social Network Site, such as login e-mail and other content information, network statistics and updates regarding your Social Network Site account. You consent to such access and our collection, storage and use of this information in accordance with this Privacy Policy.

Demographic or Other Data. We may also collect and store demographic or other data, such as age, gender, zip code or similar information, from you when you voluntarily provide such information.

3. Children’s Privacy

Upward Labs does not knowingly collect or solicit Personal Information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Information to Upward Labs, please contact us, and we will delete that information as soon as possible.

B. HOW WE USE AND SHARE YOUR INFORMATION

1. How We Use Personal Information

Upward Labs’ use of your Personal Information is governed by this Privacy Policy. The Brand associated with your use of the Service may also use your Personal Information, as described in Section 4 (How We Share Your Personal Information – Brands) below.

Upward Labs uses the Personal Information you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Information for a specific purpose, we will use the Personal Information to fulfill that purpose. For instance, if you contact us by e-mail, we will use the Personal Information you provide to answer your question or resolve your problem. Also, if you provide Personal Information in order to obtain access to the Service, we will use your Personal Information to provide you with access to the Service, to monitor your use of the Service and to contact you regarding your use of the Service.

Upward Labs may use your Personal Information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below under "Your Choices." Upward Labs may also use your Personal Information and General Information to help us improve the content and functionality of the Service and to better understand our users.

2. Aggregated Personal Information

In an ongoing effort to better understand and serve users, Upward Labs may conduct research on its customer demographics, interests and behavior based on the Personal and General Information provided to us. This research may be compiled and analyzed on an aggregate basis and will not be capable of being used to identify you personally ("Aggregated Information"). Upward Labs may use Aggregated Information to improve and market the Service, and for other lawful purposes.

3. Public Areas of the Service

The Service includes publicly-accessible message boards, comments, and other areas, as well as private messaging. Any information, including Personal Information, you provide in the publicly-accessible areas of the Service may be read, collected and used by others who access them. We urge you to use discretion when deciding whether to post any Personal Information or other sensitive information in these areas.

4. How We Share Your Personal Information

Except as specified in this Privacy Policy, Upward Labs does not disclose, rent, sell or trade your Personal Information to third parties without your consent. Upward Labs may share your Personal Information as set forth below.

Mergers, Acquisitions and Similar Business Transactions. As we develop our business, we might sell, buy or merge our businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information as well as General Information may be part of the transferred assets. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy.

Brands. The Brand associated with your use of the Service will have access to information you provide in publicly-accessible parts of the Service and in private messages between you and the Brand. You can tell what Brand is associated with your use of the Service, because the Brand’s name will be featured on the upwardlabs.com site. By engaging with the Service, you may be providing your information to both us and the Brand or we may share your information with the Brand. Content that you submit, upload, or otherwise make available on or through the Service, including photos, may be used by the Brand for marketing, promotional, or other commercial purposes. The manner in which the Brand uses, stores and discloses your information and content is governed by the policies of such Brand. You should review the applicable terms and policies of such Brand, including privacy and data gathering practices.

Agents, Consultants and Related Third Party Service Providers. Upward Labs, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information and maintaining databases. When we employ another company to perform a business-related function, we only provide them with Personal Information to the extent it is required for the company to perform its specific function. These companies use your Personal Information only at our direction and in accordance with our Privacy Policy.

Google Analytics. We may also use services hosted by third parties, such as Google Analytics, a web analytics service provided by Google, Inc. ("Google") to assist in providing the Service. Google Analytics uses Cookies to help us analyze how users use the Service. The information generated by the Cookie about your use of the Service (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Service, compiling reports on website activity for us and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using the Service, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Aggregated Information. Upward Labs may share Aggregated Information with its agents, business partners and other third parties to conduct research on its users, market and promote the Service, and for other lawful purposes.

As Required By Law. Upward Labs may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or a government request, (ii) verify compliance with or enforce our Terms of Service or protect and defend the rights or property of Upward Labs, users or others, (iii) act in urgent circumstances to protect the personal safety of users or the public, or (iv) protect against legal liability.

C. HOW WE PROTECT YOUR INFORMATION

Upward Labs takes reasonable steps (including physical, electronic and procedural measures) to protect the Personal Information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission or electronic storage of information is ever fully secure or error free. Although we take reasonable steps to safeguard and prevent unauthorized access to your Personal Information, we can’t be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access. By using the Service, you knowledge that you understand and agree to assume these risks.

D. LINKS TO THIRD PARTY WEBSITES

This Privacy Policy applies only to the Service. The Service may contain links to other sites not operated or controlled by Upward Labs ("Third Party Sites"), including the sites of Brands. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. The policies and procedures we described here do not apply to Third Party Sites. We suggest contacting those sites directly for information on their privacy policies and practices.

E. RETENTION OF PERSONAL INFORMATION

Upward Labs will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

F. YOUR CHOICES

If you choose not to provide any Personal Information, you may not be able to use the Service, or parts of the Service.

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to you, each such communication will contain instructions permitting you to “opt-out” of receiving future communications. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out via such communications or on the Service, we may continue to send you administrative e-mails, such as notifications about any security issues with your account.

You may keep your Personal Information accurate, current, and complete by logging into your account, if you have registered through the Service. You may also contact us at support@upwardlabs.com. We will take reasonable steps to update or correct Personal Information in our possession that you have previously submitted via the Service.

You also choose to close your account at any time by emailing us at support@upwardlabs.com. After you close your account, you will not be able to sign in to the Service or access any of your information. If you close your account, we may retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our Terms of Service or other rights, take actions we deem necessary to protect the integrity of the Service or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties, including Brands, as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies.

G. ENFORCEMENT

Upward Labs uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible. We encourage interested persons to raise any concerns using the contact information provided below. Upward Labs commits to investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with this policy.

You can reach us at support@upwardlabs.com or as follows:

Upward Labs, Inc.
1 Saint Johns Lane
Harvard, MA 01451

H. CHANGES TO THIS PRIVACY POLICY

Upward Labs reserves the right to update or modify this Privacy Policy at any time. If we make any material changes to our privacy practices, we will notify you by email (send to the email address specified in your account) or by means of a notice on the Service prior to the change becoming effective. Changes will go into effect on the "Last Revised" date indicated above. Your continued use of the Service after any changes to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

I. USERS OUTSIDE THE UNITED STATES

This Privacy Policy is intended to cover collection of information from residents of the United States, the European Union and Switzerland Those who access or use the Service form other jurisdictions do so at their own choice and risk and are solely responsible for compliance with local law. The Service and the services upon which the Service is hosted are located in the United States. Personal Information you submit using the Service will be transferred to and stored in the United States. By visiting the Service and submitting Personal Information, you authorize this transfer.

J. CALIFORNIA PRIVACY RIGHTS

California law permits visitors who are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us at support@upwardlabs.com.

K. CONTACT US

Please also feel free to contact us if you have any questions about this Privacy Policy or Upward Labs’s privacy practices.

You can reach us at support@upwardlabs.com or as follows:

Upward Labs, Inc.
1 Saint Johns Lane
Harvard, MA 01451

L. OTHER TERMS AND CONDITIONS

Your access to and use of the Service is subject to the Terms of Service.