Privacy Policy

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Last Updated: June 20, 2022
 

Applicability of this Privacy Policy

This Privacy Policy sets out how Upaway App. Inc. (referred to as “us”, “we”, “our”, or “Upaway”) uses and protects any information that you (referred to as “Customer”, “you”, or “your”) provide when accessing, browsing, registering, and/or using our website, https://www.upaway.app/ (the “Website”) or the Upaway Mobile Application (the “App”, together with the Website referred to as the “Platform”).
 

Upaway is committed to ensuring that your privacy is protected. You can be assured that any personal identifying information (referred to as “Personal Information” as defined below) you provide when using our Platform will only be used in accordance with this Privacy Policy. This Privacy Policy describes the type of information Upaway may collect from you or that you may provide when using our Platform, as well as Upaway’s practices for collecting, using, keeping, protecting, and/or disclosing any Personal Information. 
 

What Personal Information do we collect?
 

When browsing, engaging with, or otherwise accessing our Platform; contacting us; or using our Services as described in the Terms and Conditions  (the “Terms”), you may be asked to enter or disclose various types of Personal Information, which may include, but is not limited to:
 
Contact Information and Account Registration: first name, last name, email address, postal address, telephone number, business contact information, or any other similar information you may provide to us.

 Identification and Demographics: date of birth, gender, images of your government issued ID (as permitted by applicable laws), nationality, ethnicity, preferred language(s), interests, lifestyle information, photos, social media credentials, contacts or referrals you provide to us.

Transactional: direct deposit information, payment information, billing address, and registration information.

User Content: photos, videos, reviews, and other information you may submit to us, such as comments on our Platform, other online forums, and social media platforms.

Research and Feedback: reviews and comments that you send us through our Platform and social media platforms; by email, over the phone, by mail, or in surveys.

Device Information and Identifiers: IP addresses, cookie IDs, browser types and language, operating systems, platform type, and device type.

Connection and Usage: domain names; browsing activity, scrolling and keystroke activity, advertisements viewed, forms or fields you complete or partially complete, search terms, whether you open an email, content you view and duration, quality of the service, and interaction with the content, logs, and other similar information. If these events occur while you are offline, they may be logged and uploaded to us when you next connect.

Geolocation: city, state, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. We will ask for your permission before using your precise location from GPS-based functionality on your mobile devices.

Social Media Information: if you interact with us through a third party platform, social media website, or register for our Platform using your social media credentials, depending on your social media settings, we may have access to your information from that social network such as your name, email address, friend list, photo, age, gender, location, birthday, social networking ID, current city, your comments about our Services, and the people and other websites you follow.

Additional Information: any additional information you provide to us either directly through our Platform or through your participation in an activity or event, job application, support request, interaction through our social media accounts, or any other communication with us. 

 

When do we collect Personal Information? 

Generally, you are not under any statutory or contractual obligation to provide us any Personal Information; however, certain Personal Information may be automatically collected in order for us to provide Services on our Platform. We collect information from you when you browse, enter, or use our Platform; contact us; or otherwise enter any information on our Platform.

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Upaway use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

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Google Gmail Account: If you have a Google Gmail Account (“Gmail Account”), and you have sent your travel itinerary to your Gmail Account, you authorize Upaway to have the ability to: i) access and read your Gmail Account to source your travel-related confirmations, trip updates from service suppliers, and booking confirmations; and ii) to scan your emails to collect and process your itineraries. If you would like to revoke this Upaway’s access to your Gmail Account, you may do so at any time on the App by: i) going to your profile; ii) clicking the upper right-hand menu; iii) and tapping the “Google Accounts”.  

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Google Calendar: While signing in, you are provided with a consent screen for reading the Calendar events data. By giving this consent of reading calendar events, you authorize Upaway to have the ability to: i) access and read your Google Calendar to source your travel-related confirmations, trip updates from service suppliers, and booking confirmations; and ii) to scan your Google Calendar events to collect and process your itineraries. If you would like to revoke this Upaway’s access to your Gmail Account, you may do so at any time on the App by: i) going to your profile; ii) clicking the upper right-hand menu; iii) and tapping the “Google Accounts”.

How do you get my consent?
 
When you provide us with any Personal Information on our Platform, verify or change your transactional details, comment on a forum, or anything of the like, you are automatically consenting to our collecting, storing, and using that information for your benefit, to improve our offerings and your experience. If we ask for your Personal Information for any other reasons, we will either ask you directly for your express consent or provide you with an opportunity to say no or otherwise decline by contacting us directly.

 
How do I withdraw my consent?

If you change your mind, you may withdraw your consent for the continued collection, use, or disclosure of your Personal Information at any time by contacting us directly. We reserve the right to retain any information previously collected for the purposes of resolving any disputes, as well as for obtaining and/or analyzing our aggregated data analytics
 

How do we use your Personal Information?

We may use such Personal Information in any of the following ways:

To personalize your experience on our Platform.

To enable users to make and receive payments.

To maintain and improve our Platform in order to better serve you and provide a more seamless experience across all devices.

To allow us to better service you in responding to your service requests or other queries.

To send you promotional messages, marketing, advertising, and other information based on your preferences and social media advertising through social media platforms.

To personalize, measure, and improve our advertising.

To communicate with you about security alerts and account notifications and to send periodic e-mails regarding updates on Services as they become available.

To display any content you generate, such as video, audio and comments.

To verify or authenticate information provided by you.

To resolve disputes with our Users.

To enforce our Terms and Conditions and other policies.

To comply with all applicable laws, regulations, and ethical business conduct.

To investigate and help prevent security issues, abuse, or violations.

To enforce all payment terms and other payment policies. 

 

How do we protect Personal Information?

Upaway takes the security of your Personal Information very seriously. We implement a variety of security measures when you use our Services; or otherwise enter, submit, or input your Personal Information. Your Personal Information is accessible only to a limited number of persons who have the authority to access it.

Do we collect information from minors?

We do not want to, and do not knowingly, collect any data from people under the age of 13 without the supervision of a legal guardian. If we learn that we have collected any such data without the supervision of a parent or legal guardian, we will take all reasonable measures to delete such information and will not use it for any purposes whatsoever. If you become aware of any Personal Information that we have collected from a child under the age of 13 without the supervision of a parent or legal guardian, please contact us immediately. 

Managing your Personal Information

You can access and update some of your personal information through your account settings. You are responsible for keeping your personal information up to date.

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How do I opt-out, remove, or modify any Personal Information I have provided?

You can request to have your Personal Information removed by contacting us directly. Please note that we may maintain information about individual sales transactions or subscription purchases in order to complete said transactions and for record-keeping purposes.

 

Acceptance of Terms

Through the use of our Platform, you are hereby accepting this Privacy Policy and each of the terms and conditions stipulated herein. If you are not in agreement with this Privacy Policy, you should refrain from any further use of our Platform.

Your continued use of our  Platform, following the posting of any updates or changes to this Privacy Policy, shall indicate that you are in agreement and acceptance of such changes.

Limitation of Liability

 Under no circumstances will you hold Upaway liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, that are caused or alleged to be caused in connection with your use of our Platform.

Do we use 'cookies'?

Yes. We and our service providers, advertisers, and other third parties use cookies and similar technologies (e.g., HTTP cookies, HTML 5, flash local storage cookies, web beacons, GIFs, embedded scripts, ETags/cache browsers, and software development kits) to recognize you on, off, and across your devices. Cookies are small files that we or our service provider transfers to your computer's hard drive through your web browser (if you allow) and/or your device that enables Upaway or our service provider's systems to recognize your browser or device to capture and remember certain information. They are also used to help us understand your preferences based on previous or current Platform activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about Platform traffic and interaction so that we can offer better experiences and services in the future.

We and our third-party partners and vendors may use Tracking Technologies, such as cookies, pixels, and web beacons, and collect and store information about you when you use or interact with our Services, marketing communications, advertising content, and/or third-party websites, in order to provide you with targeted advertising based on your browsing activities and interests. These third parties automatically receive your IP address or mobile device identifier when you access the Services or third-party websites. They may also use Tracking Technologies to measure the effectiveness of advertisements, to personalize the advertising content, and to serve you advertisements that are relevant to your regional location. We may also use information collected using third-party cookies and beacons on the Services and in our emails to deliver advertising about our Services when you visit third-party websites.

 

You can opt-out of targeted advertising by visiting the following pages: 

· FACEBOOK - https://www.facebook.com/settings/?tab=ads

· GOOGLE - https://www.google.com/settings/ads/anonymous

 

We use cookies to:

Understand and save your preferences for future visits.

Compile aggregate data about traffic and interactions in order to offer better experiences and Services in the future. We may also use trusted third party service providers that track this information on our behalf. 

You can choose to have your computer or device warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser or device settings.

If you disable cookies, some features on our Platform may be disabled. Disabling cookies may also affect your experience by decreasing our Platform’s efficiency or causing some of our Services to not function properly. 

How do we share and disclose Personal Information?

Upaway may share and disclose Personal Information. Upaway may disclosure Personal Information for the following reasons:

Customer Instructions: You can determine your own policy for the sharing and disclosure of your Personal Information and Upaway does not control how you choose to share or disclose your Personal Information. Upaway will share and disclose your Personal Information in accordance with your instructions and in compliance with applicable law. 

Compliance with Applicable Law: If we receive a request for information, we may disclose Personal Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.

To Enforce Our Rights, Prevent Fraud, and For Safety: To protect and defend the rights, property, or safety of Upaway or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
 

Third-Party and other disclosures of your Personal Information: We may share your non-Personal Information with related third party Platforms, companies, advertisers, partners, social networks, service providers, research and management companies, search engines, law enforcement, hosting partners, and other parties who assist us in operating our Platform, conducting our business, or otherwise servicing you. Similarly, if we are involved in a merger, collaboration, acquisition, or asset sale, your Personal Information may be transferred. However, we will provide you with notice before your Personal Information is transferred and becomes subject to a different privacy policy. We may also release your Personal Information under certain circumstances when we believe release is appropriate to comply with the law, enforce our policies, and/or protect our or others' rights, property, or safety. We may also be required to disclose your Personal Information if required by law or in response to a valid request by a public authority (e.g., a court or governmental agency).

With Consent: Upaway may share Personal Information with third parties when we have the consent to do so.

During a Change to Upaway’s Business: If Upaway engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Upaway’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all of your Personal Information may be shared or transferred, subject to standard confidentiality arrangements.

 Retention of your Personal Information

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information 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, complete audits, and/or enforce our legal agreements and policies.

 

Third-Party Links

Occasionally, at our discretion, we may include or offer third-party advertisements or services on our Platform. These third parties have separate and independent privacy policies. Therefore, we have no responsibility or liability for the content and activities of these third parties. Nonetheless, we seek to protect the integrity of our Platform and welcome any feedback about these other third-party links.

 

Behavioral Advertising

 

As described above, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

International Transfers

Upaway is headquartered in the United States; however, it may transfer your information to service providers and other third parties located outside of your country of residence, including in the United States. This may be necessary to provide our Services and for the purposes outlined in this Privacy Policy. Data privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. We take steps to ensure that reasonable safeguards are in place with the aim to ensure an appropriate level of protection for your Personal Information, in accordance with applicable law. These measures include data transfer agreements. By providing us with your Personal Information, you acknowledge any such transfer, storage or use.

Depending on the country you reside in, for example under local laws in the European Union, you may have the following data protection rights with respect to your information: 

 

To access, correct, update, port, delete, restrict or object to our processing of your Personal Information. 

To delete certain information. 

To withdraw your consent at any time. 

 

We will respond within the time period prescribed by applicable law. Please note that many of the above rights are subject to exceptions and limitations.

 

Some Services can only be provided if we have your Personal Information, therefore deletion of your Personal Information may result in termination of such Services. We will take reasonable steps to verify your identity, including authenticating you through your email address. We may require further documentation such as a password and user ID before granting access to your information.

 

State Specific Data Policies

 

Calif. Bus. & Prof. Code §§ 22580-22582; Calif. Bus. & Prof. Code §§ 22580-22582; and Del. Code § 1204C

 

We shall not market or advertise any products based on the Personal Information provided that is specific to any minor, nor shall we knowingly use, disclose, compile, or allow a third party to do so. Under California's Privacy Rights for California Minors in the Digital World Act, any minor may request and obtain removal of Personal Information posted on our Platform.

 

Special Notice For California Residents

 

Your California Privacy Rights. California residents are entitled once a year, free of charge, to request and obtain information regarding our disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. To obtain this information, please send an email to us directly.

 

California Consumer Privacy Act (CCPA)

 

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of Personal Information, as well as the right to know/access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

 

“Do Not Sell My Personal Information” (California Residents only)

 

California residents may opt out of the “sale” of their Personal Information. California law broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior to add to a profile about your device, browser, or you.

 

Depending on how you use our Platform, we may share the following categories of information for such advertising which may be considered a sale (as defined by California law):

 

Identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history; geolocation information, such as city; and inference data.

 

If you would like to opt out of the use of your Personal Information for such purposes (to the extent this is considered a sale), you may do so as by contacting us directly.

 

Third Parties’ List – Shine the Light (California Residents Only)

 

California residents can also request a list of all the third parties to which we have disclosed certain Personal Information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. You will need to attest to the fact that you are a California resident. We will not accept requests by telephone, email, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

 

Nevada Residents

 

Nevada law requires us to post the following: certain Nevada consumers may opt out of the sale of “Covered Information” for monetary consideration to a person for that person to license or sell such information.  “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. 

 

Content You Access 

 

You may come across content or materials that you subjectively find offensive or inappropriate on our Platform. Some information posted on the Platform is directly provided by other users and we make no representations concerning any content posted. Upaway is not responsible for the accuracy, copyright compliance, legality, or decency of content posted. You release Upaway from all liability relating to such content.

 

Changes to this Privacy Policy

 

Upaway reserves the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Platform. If we make material changes to this Privacy Policy, we will notify you here that it has been updated so you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it to any third party.

 

If you have any questions regarding this Privacy Policy or if you want to verify, modify, receive, suspend, or delete your Personal Information stored, you can reach out to us directly via email: hello@upaway.app

Data Deletion Policy

As stipulated in data protection laws, you have the right to request the deletion of your
Personal Information and to prevent processing in specific circumstances:

• Where your Personal Information is no longer necessary in relation to the purpose for

which it was originally collected/processed;

• When you withdraw consent;

• When the individual objects to the processing and there is no other legal ground for the

relevant processing activity;

• When the personal data was unlawfully processed; and

• Where the personal data has to be erased in order to comply with a legal obligation.

 

If you would like to request your Personal Information be deleted, please contact us using the contact details provided: hello@upaway.app