PRIVACY POLICY

Last Updated: Dec 5, 2017

At UpChoose, we believe that you have a right to know what information we collect from you, and we want you to understand our commitment to protecting your privacy. This policy applies to our stores, sites, applications, or website features you use or access (collectively, the "Sites"), as well as any mobile application (each, an "Application") that includes an authorized link to this Privacy Policy (together the stores, Sites and Applications are referred to as the "Services").

By using our Services, you agree to the use, disclosure and procedures this Privacy Policy describes, which is incorporated into our Terms of Use.

Please note that this Privacy Policy does not apply to third party services (each, a "TPS"), such as Facebook. We are not responsible for their practices, content, or privacy policies. We encourage you to carefully review the privacy policies of any TPS you access so that you know how they will use and share your information.

If you have any questions, please reach out to us at hello@upchoose.com or by writing to us at UpChoose PBC, 156 2nd Street, San Francisco, CA 94105 Attention: Privacy Policy.

1. What Information does UpChoose Collect?

The information we collect from you falls into two categories: personally identifiable information ("Personal Information") and non-personally identifiable information (i.e., information that cannot be used to identify who you are) ("Non-Personal Information").

Personal Information we may collect from you includes your name, email address and telephone number. We maintain one or more databases to store your Personal Information and may retain it as reasonably required to serve you and operate the Service. Personal Information that we collect depends on how you use the Services. Providing your Personal Information to us is your choice. If you choose not to provide us with certain Personal Information, you may not be able to take advantage of many features of the Services.

Non-Personal Information from you we may collect from you includes identifier and other technical information, such as your browser information, operating system information, device information, IP address and the date, time, length of stay and specific pages accessed during your interactions with the Services.

We do not knowingly collect information from children under the age of 13, in accordance with the Children’s Online Privacy Protection Act ("COPPA"). If you are a parent or legal guardian of a minor child, you may use the Services on behalf of such minor child. If you have questions concerning our information practices with respect to children, or if after a transaction, you would like to review, have deleted, or stop the further collection of your child’s Personal Information, please email us at hello@upchoose.com.

2. How We Collect Information

We may collect your information in the following ways:

WHEN YOU PROVIDE US WITH INFORMATION TO MAKE A PURCHASE

If you use our Services to make a purchase, we may request certain Personal Information from you to facilitate the transaction. We may also collect certain financial information from you, such as your payment method (this may include valid credit card number, type, expiration date or other financial information). We store only a very limited portion of your credit card information, in a manner that is generally permitted by credit card issuers. Our payment processing partner stores and processes your credit card or other payment information using industry-standard security measures. By making a purchase through the Services, you give us consent to use and provide your financial information as we consider necessary to process the transaction.

COMMUNICATIONS YOU INITIATE WITH US

If you contact us in person, by phone, email, instant message, live chat, social media, or by some other means (either through our Services or through TPS), we may keep a record of your contact information and correspondence for later reference. When we send you emails, we may track whether you open them to figure out how to deliver more delightful and helpful emails and improve our Services.

THIRD PARTY SERVICES

If you create your UpChoose account by connecting through at TPS, you are authorizing us to use public information from that connected account to help complete your UpChoose profile. Please remember that the manner in which the service uses, stores, and discloses your information is governed solely by the policies of such service. We recommend that you review the terms and policies of that TPS, including its privacy and data gathering practices. UpChoose shall have no liability or responsibility for the privacy practices or other actions of any TPS or any other third-party site or service that may be enabled within the Service.

INFORMATION WE AUTOMATICALLY COLLECT

Like most websites, our Services may incorporate technology such as "pixel tags", "web beacons" and "cookies" which allow us to track the actions of users of our Services. Pixel tags, web beacons and cookies collect Non-Personal Information. Pixel tags or web beacons are tracking devices on websites or in emails that can monitor the behavior of the user visiting the website or sending the email. Cookies are small files placed on your computer that recognize you when you return to UpChoose and that allow us to customize your user experience and improve the UpChoose service. You may modify the cookies that are accepted by your computer by changing your browser settings, although this may change the way the UpChoose website is presented to you. Other companies' use of their cookies is subject to their own privacy policies, and we have no obligation to inform you of third party cookies that are set.

As an example, UpChoose uses cookies to keep track of your shopping cart and for other personalized experiences. We also use tracking technology to create remarketing audiences of users based on visitor behavior on our Sites. UpChoose may also deliver custom ads based on your affinities, interests, geographic and demographic signals. In particular, UpChoose may use Google Analytics to monitor activity on the Site and assist with advertising. To learn how Google Analytics collects and processes data, please visit: "How Google uses data when you use our partners' sites or apps" located at https://www.google.com/policies/privacy/partners/.

3. How We Use the Information We Gather

We primarily use the information we collect to enhance the Services and your experience. Except if we sell all or a portion of our business, as described below, we do not rent or sell your Personal Information to anyone. If we share your Personal Information, we do so as described below.

NON-PERSONAL INFORMATION

We may share or disclose aggregated Non-Personal Information on our Site with service providers and/or with other persons we conduct business with. These service providers and other persons may also share with us aggregated Non-Personal Information that they have independently developed or acquired. Additionally, we may combine aggregate information from the pixel tags, web beacons and cookies (discussed above) with similar data we collect from other visitors to help us improve our Services.

OPTING OUT

If you decide you don’t want to receive email or other mail from us, you can select the "opt out" provision in our communications to unsubscribe. Unsubscribing will stop you from receiving most types of communication, but it may not apply to emails about orders or transactions you place through the Services or to respond to your specific request, such as password recovery. Except as we discuss in this Privacy Policy, we will not share your Personal Information with third parties who wish to market other products and services to you.

AGENTS

Generally, we will not disclose your Personal Information to unaffiliated third parties. However, we may provide your Personal Information to our employees, contractors, partners, agents, service providers and designees ("Agents") to enable them to perform certain services for us including: order fulfillment, payment processing, website-related services such as web hosting, database management, improvement of website-related services and features, maintenance services and distribution of offers, advertisements and other marketing materials on our behalf.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a "Do Not Track" ("DNT") or similar feature to signal that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser's user. This site does not comply with Federal DNT legislation because we do not believe it accurately reflects the desires of our users.

USE OF SERVICES VIA MOBILE DEVICE

If you use the Service through your mobile device, we may receive a unique identifier or information about your location. You may at any time prevent the Service from using your location by turning this option off at the device level. When you use the Service through your mobile device, we also collect device type and UUID, a unique identifier generated within the App, and store this information in log files and system databases. We use this information to provide you with the most up to date application and features, or to advertise or promote products or services to you that are applicable to your device type.

BUSINESS TRANSACTIONS AND TRANSFERS

If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, UpChoose customer information (including Personal Information) will likely be shared for evaluation purposes and included among the transferred business assets.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT

UpChoose cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect our rights or the rights of our users or others, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be illegal, unethical or legally actionable activity. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to accomplish the foregoing.

4. Information for Visitors From California and Outside of the United States

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may ask us for a notice identifying the categories of Personal Information we share with our affiliates and/or third parties for marketing purposes and the contact information for such affiliates and/or third parties (under California Civil Code Sections 1798.83-1798.84). If you are a California resident and would like a copy of this notice, please submit a written request to hello@upchoose.com.

INTERNATIONAL USERS CONSENT TO TRANSFER

The Service is hosted in the United States. If you are visiting the Service from outside the United States, your information may be transferred to, stored and processed in the United States in accordance with this Privacy Policy and applicable United States laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Service, you consent to transfer of your information to our facilities as described in this Privacy Policy.

5. Information Security

Without limiting the terms of our Terms of Use and this Privacy Policy, you understand that we do not guarantee that your use of the Site and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You also understand that any information provided by you or collected by us or our agents in connection with your use of the Site will be used in the manner described in our Terms of Use. Any information that you provide to us is done so entirely at your own risk. Please do not use the Site if you do not agree to the terms and conditions described in this Information Security section.

If you would like to modify or delete your Personal Information, please contact us at hello@upchoose.com with clear instructions about what you would like to be modified or deleted. We will respond to your request promptly.

6. We Reserve the Right to Update and Revise this Privacy Policy at Any Time

We occasionally review this Privacy Policy to make sure it complies with applicable law and conforms to changes in our business. We may need to update this Privacy Policy, and we reserve the right to do so at any time. If we do revise this Privacy Policy, we will update the "Effective Date" at the top of this page so that you can tell if it has changed since your last visit. Please review this Privacy Policy regularly to ensure that you are aware of its terms. Your use of our Services constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time.

7. What Personal Information can I access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us: name and password, mailing address, billing address and email address.

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating your information, please contact us at hello@upchoose.com.