UpKeep Technologies, Inc. Privacy Policy

This Privacy Policy was last updated on November 3, 2022.

UpKeep Technologies, Inc.
10880 Wilshire Blvd #850
Los Angeles, CA 90024
[email protected]

UpKeep Technologies, Inc. (“UpKeep,” “we,” “our,” or “us”) values the privacy of individuals who use the UpKeep website, mobile app, and related services (collectively, the “Services”). This Privacy Policy (the “Policy”) describes the information that we gather from visitors, users, and others who access or use the Services (“Users,” “you,” or “your”), how we use and disclose such information, and the steps we take to protect such information. By using the Services, you consent to the privacy practices described in this Policy. 

This Policy is incorporated into and is subject to the UpKeep Terms of Use. Capitalized terms used but not defined in this Policy have the meaning given to them in the Terms of Use. 

This Privacy Policy is provided to help you understand: (i) the Personal Information we collect, how we collect it, how we use it, and how we share it, (ii) the applicable rights you have regarding your Personal Information, and (iii) how UpKeep protects your Personal Information. Personal Information does not include, and this Privacy Policy does not apply to, aggregate information or information that has been fully de-identified or anonymized in accordance with applicable law.

1. Types of Personal Information We Collect

Personal Information

While using the Services, we will ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”). 

Personal Information may include, but is not limited to, your name, address, email address, phone number, company information, and payment information. You may provide us with Personal Information when you register for an account, use the Services, make a purchase, contact customer support, sign up for marketing material, or otherwise communicate with us. Please note that if you choose not to share certain Personal Information with us, or refuse certain contact permissions, we might not be able to provide certain parts of the Services. Additionally, other Users (such as within your company) may give us your Personal Information, such as when a User invites you to join the Services or create an account. In such case, if you wish to exercise any of your rights with respect to your Personal Information, please contact the applicable third party directly.

Usage Information

We collect information about how you interact with the Services, such as device type, IP address, operating system, browser type, address of a referring website, activity on our website, device ID, access dates and times, location, information related to your transactions on the Services, and other system activity. We may collect certain information by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers. In many cases the information we collect using cookies and other tools is only used in a non-identifiable manner without reference to Personal Information. For example, we may use information we collect to better understand website traffic patterns and to optimize your experience. We track users’ use of the Services, but we do not track users across third party websites. We do not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who visit or use the Services.

Contentsquare is a solution which provide the website owner with digital visitor behavior analytics to enhance visitor experience. To be excluded from the collection of data by Contentsquare on this website, click the link below.

Information Received from Third Parties 

If you choose to connect your account to your account with a third-party service, we may receive or be granted access to information from such third-party service, including Personal Information. You can stop sharing your information from a third-party service with us by removing our access to that service.

Third-Party Cookies

When you use and visit the Services, we may also use third-party services, such as Google Analytics and Facebook, which use cookies to collect information about you for analytics or advertising purposes. Third parties may also use cookies, web beacons, or other devices to collect information when you use the Services. UpKeep does not control any cookies or other data collection tools that may be placed on the Services by a third party, and this Policy does not cover the use of such cookies and/or other data collection tools by any third party. We encourage you to read the privacy policies of such third parties to find out more about the information that may be collected by them and the choices you have regarding the collection, use, and sharing of such information. You may be able to “opt out” of the collection and use of information through cookies or other tracking technology by actively managing the settings on your browser or mobile device. We do not honor “Do Not Track” signals from your browser. 

2. How We Use Your Information

Provide, Maintain, and Improve the Services

We may use your information to:

  • communicate with you if you contact us directly or sign up for marketing material

  • perform our obligations under the contract we have entered into with you

  • provide customer service and process any transactions

  • send you confirmations, updates, security alerts, and support and administrative messages

  • detect and prevent fraud

  • operate, protect, and optimize the Services and your experience, such as by performing analytics and conducting research 

  • ‍troubleshoot and protect against errors

  • personalize and improve the Services, including to recognize and contact you across multiple devices

  • monitor and analyze usage and trends and otherwise measure the effectiveness of the Services

  • advertise and market our Services, including delivering interest-based ads, cross-device linking, and analyzing the performance of such activities

  • develop new features

Sharing Your Information

‍If you use the Services, you are authorizing us to share information:

  • that you direct us to disclose to others

  • with our third-party business partners, vendors, and consultants who perform services on our behalf or who help us provide the Services, such as accounting, managerial, technical, marketing, or analytic services

  • if required to do so by law or in the good-faith belief that such action is necessary to comply with local, state, federal, or international laws, or to respond to a court order, judicial or other governmental subpoena or warrant, or in the event of bankruptcy proceedings

  • if we believe in good faith that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of UpKeep, our users, our employees, copyright owners, third parties, or the public, including without limitation to protect UpKeep or our users from fraudulent, abusive, inappropriate, or unlawful use of the Services

  • to enforce or apply this Policy, our Terms of Use, or our other policies or agreements

  • in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition, or in any other situation where information may be disclosed or transferred as one of the business assets of UpKeep

Nothing herein restricts the sharing of aggregated or anonymized information, which may be shared with third parties without your consent. This Policy in no way restricts or limits our collection and use of aggregate or de-identified information.

Links to Third-Party Sites and Services

The Services may contain links to other websites. We are not responsible for the practices employed by websites or services linked to or from the Services, nor the information or content provided to or contained therein. Please remember that when you use a link to go from the Services to another website, this Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on the Services, are subject to that third party’s own rules and policies. Please read those rules and policies before proceeding.

We consider the privacy of your Personal Information very important and are committed to handling your Personal Information with care.  You have certain rights regarding your Personal Information, which include:

3. Your Rights Regarding Personal Information

Right to Access:

We acknowledge your right to access the Personal Information that we maintain about you.  You have the right to obtain a list of the categories of Personal Information collected about you as well as other related information along with the source of the information.  You also have the right to know the categories of information shared (or sold) to third parties and the purpose for such sharing as provided for in this Privacy Policy.  More information on how you can request your right to access the Personal Information we collect, use, disclose, or sell can be found under Requests to Exercise Rights section of this Privacy Policy.

Right to Deletion (the Right to be Forgotten):

We acknowledge your right to delete certain Personal Information that we may have collected about you. More information on how you can request your right to delete the Personal Information we collect, use, disclose, or sell can be found under Requests to Exercise Rights section of this Privacy Policy.

Right to Opt-out of Sharing:

You may have the right to opt-out of sharing certain Personal Information with third parties.  More information on how to exercise this right to opt-out can be found under Requests to Exercise Rights section of this Privacy Policy.

Right to Amend/Rectify:

You have the right to amend or rectify any inaccuracies that you have identified with the information that we have about you.  We process Personal Information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage, and processing practices to ensure that we only collect, store, and process the Personal Information needed to provide or improve our services. We take reasonable steps to ensure that the Personal Information we process is accurate, complete, and current, but we depend on our users to update or correct their Personal Information whenever necessary.  More information on how you can request to amend or rectify your information can be found under Requests to Exercise Rights section of this Privacy Policy.

Right to Object/Restrict/Withdrawal Consent:

You have the right to object to the processing of your Personal Information if it is being processed under legitimate interests such as for direct marketing.  You also have the right to withdraw your consent for the processing of your Personal Information at any time.  We will cease processing of your information unless there is a legitimate purpose or required by law.  We will primarily rely on your consent or legitimate interests for any use or disclosures that are not required by law.

Right to Non-Discrimination:

We will not discriminate or penalize you for exercising your rights.

Requests to Exercise Rights

If you seek to exercise your rights to access, delete, opt-out, amend/rectify, or object/restrict/withdrawal consent, you can reach us at:

Designated Email Address: [email protected].

The methods for request will take two (2) steps:  one to request the exercise of your rights and the other to verify your identity/request.  

We will respond to a request within ten (10) days and provide information on how it will be processed.  We will respond to a request within forty-five (45) days that begins on the day the request was made.  Note:  It may take up to an additional forty-five (45) days to respond to a request for a maximum of ninety (90) days provided we notify you with an explanation within the initial forty-five (45) days to the reason why it is taking longer to fulfill the request.

As part of the request, we need to verify your identity.  Failure to verify identity may result in a denial of the request.  We will notify you of the failure to verify the request and treat the request accordingly.

Once a request has been approved, we will honor the request to the best of our ability.  The Record of request will be maintained for two (2) years.

If fulfilling a request would reveal Personal Information about another or if you ask us to delete information that is required by law or defend ourselves against claims, your rights may be limited.

If the request is denied, we will inform you of the denial and the basis for the denial.  If the request was partially denied, we will notify you of the part that is exempt from the request and not use any Personal Information retained for any other purposes other than what may be exempt.

Fees for making requests: You can exercise your rights above free of charge or without penalty, but we may limit the number of requests you make or charge a reasonable fee as legally permitted if we find the request to be too burdensome or too frequent.

4. How We Protect Your Information

We maintain appropriate administrative, physical, technical, organizational measures, and security controls to protect Personal Information, and to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction. We will only keep your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We may also retain and use your Personal Information for as long as necessary to resolve disputes and/or enforce our rights. Where we rely on your consent to process your Personal Information, you have the right to decline consent and/or if provided, to withdraw consent at any time. This will not affect the lawfulness of processing prior to the withdrawal of your consent. 

We limit access to Personal Information to our employees, agents, contractors, and other third parties who have a business need to know. They will only process Personal Information on our instructions, and they are subject to a duty of confidentiality. We have implemented procedures to handle any suspected Personal Information breach and will notify you and any applicable regulator of a breach as legally required. 

Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. To protect the confidentiality of information maintained in your account, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Services by any person using your password. Please advise us immediately by contacting us as set forth in the “Contact” section below if you believe your password has been misused or if you suspect a security breach.

5. International Transfers

European Users

If you choose to use the Services from the EU, the UK, Switzerland, or other regions of the world with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your Personal Information outside of those regions to the U.S. for storage and processing. By providing any information, including Personal Information, on or to the Services, you consent to such transfer, storage, and processing.

As described in this Policy, we may share Personal Information with third parties and may be required to disclose information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. 

The legal grounds for our processing your Personal Information for the purposes in this Policy are as follows:

  • you provided your consent by agreeing to this Policy, which you may withdraw at any time by emailing us at the email address below

  • it is necessary for our contractual relationship

  • the processing is necessary for us to comply with our legal or regulatory obligations

  • the processing is in our legitimate interest as a provider of the Services (for example, to protect the security and integrity of our systems and to provide you with customer service and the core functionality of the Services)

Other International Transfers

If you are located outside the U.S., the EU, the UK, and Switzerland, and you choose to provide Personal Information to us, we may transfer your Personal Information to the U.S. and process it there (or any other country where we operate or may have co-locations). When you provide Personal Information, it may be sent to servers located in the U.S. and other countries around the world. If you reside or are located within the EU, the UK, or Switzerland and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EU, the UK, or Switzerland to the extent feasible under applicable law.

6. California Privacy Rights

California law permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact” section for where to send such requests. We do not share your Personal Information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your Personal Information to third parties for their direct marketing purposes by withholding consent.

Effective January 1, 2020, the California Consumer Privacy Act of 2018 (the “CCPA”) allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information (as defined in the CCPA) to give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. See the “Contact” section for where to send such requests. Consistent with California law, if you choose to exercise your rights, we will not charge you different prices or provide different quality of services unless those differences are related to your information. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. To designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.

We do not sell personal information to third parties. We do allow third parties to collect and share personal information through the Services and share personal information with third parties for the business purposes described in this Policy.

7. Children’s Privacy

The Services is not directed to children under 16 and we do not knowingly collect Personal Information from children under 16. If we learn that we have collected Personal Information of a child under 16, we will take steps to delete such information from our files as soon as possible.

8. Accessing and Modifying Your Information

If you have an account on the Services, you can access and modify your Personal Information associated with your account in your profile settings or by emailing us at the email address below. 

You may “opt out” of receiving marketing or promotional emails from us by following the instructions in those emails or by emailing us at the email address below. If you opt out, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations (i.e. account verification, transactional communications, changes/updates to features of the Services, and technical and security notices).

9. Changes and Updates to the Policy

We reserve the right to change the provisions of this Policy at any time. Please revisit this page periodically to stay aware of any changes. If we modify this Policy, we will make it available through the Services and indicate the date of the latest revision. Your continued use of the Services after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of this Policy. 

10. Contact

Please contact us with any questions regarding this Policy at [email protected]. To submit a request related to your Personal Information, please contact us at the email above or at 1-855-633-7889.