In addition, your access to and use of the Services is subject to the Terms of Service available here, which may be updated by Upside from time to time.
When you interact with us through the Services, we collect Personal Data and other data from and about you in order to provide the Services (for example, to provide you with the opportunity to earn Cash Back rewards).
Personal Data That You Provide Through the Services: We collect Personal Data from you when you use the Services and voluntarily provide such information, such as when you create an Upside account or upload an image of a receipt to claim a rewards offer. This Personal Data may include:
Third Party Payment Processing. For some functionality, Upside relies on third party service providers to collect and process Personal Data from users directly, which may include through use of an application programming interface (API) on the mobile application.
Data We Receive From Merchants. Merchants who participate on the Upside platform share with Upside anonymous transaction-level data collected from their customers. When you claim a Cash Back rewards offer through Upside, Upside uses Personal Data that you have shared with Upside, such as the time you claimed the offer and your geolocation data, to locate and verify the transaction in the data feed received from the participating merchant and to identify your purchase history with that merchant. By creating an Upside account and using the Services, you authorize Upside to use your Personal Data to perform this data matching and identify your purchase history.
Methods of Automated Data Collection:
We may also collect information related to your use of the Services (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, when and how often you use the mobile application, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics. We use this data to analyze how our users are using the Services and how we can improve and increase the functionality of the Services.
In addition, Upside conducts research on its customer demographics, interests and behavior based on the Personal Data and other data provided to us, in order to better understand and serve the users of the Services. This research may be compiled and analyzed on an aggregate basis. Upside may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.
Upside is not in the business of selling or sharing information that we collect. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may provide your Personal Data to certain third parties without further notice to you, as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Service Providers: Upside, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such third party providers include advertising networks, data analytics providers, productivity application providers, cloud storage providers, customer service platforms, and personnel management vendors. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Legal Requirements: Upside may disclose your Personal Data 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 enable a third party partner to comply with a legal obligation, (ii) protect and defend the rights or property of Upside, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
For residents of California and Virginia, for the purposes of the California Privacy Rights Act and Virginia Consumer Data Protection Act respectively, we do not sell your Personal Data. For residents of California, for the purposes of the California Privacy Rights Act, we do not share your Personal Data. For residents of Virginia, for the purposes of the Virginia Consumer Data Protection Act, we do not use your Personal Data to engage in targeted advertising. To the extent that Upside collects Personal Data that constitutes “sensitive personal information” or “sensitive personal data” as those terms are defined under California or Virginia law, Upside limits the use of such Personal Data only to the uses necessarily to perform the Services. Please note that we may share Personal Data in connection with a Business Transfer, as described above.
You can visit the Site without providing any Personal Data. If you wish to use the Services, it is necessary to provide certain Personal Data such a login information to create an account and transaction information to accept Cash Back rewards offers. As outlined above, certain Personal Data is integral to enabling certain features of the Services.
If you choose not to provide certain Personal Data, you may not be able to use all features of the Services. This includes referral bonuses that Upside offers in exchange for sharing your personal contacts so that Upside can offer its Services to other users.
We may offer you choices that affect how we handle the Personal Data that we control. Consistent with the laws that may apply to your place of residence, you may request the following in relation to your Personal Data:
Access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
Withdrawal of Consent: In circumstances where you have provided your consent to the collection, processing and transfer of your Personal Data for a specific purpose, you have the right to withdraw consent for that specific processing at any time.
Objection/Restriction: You may also ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest its accuracy or object to us processing it. If you exercise your rights, we will respect your decision in accordance with our legal obligations.
Correction: You may request the correction of Personal Data that is inaccurate or out of date.
Deletion: You may request the deletion of Personal Data that we no longer need to provide the Services or for other lawful purposes.
Upside will not discriminate against you for exercising either of these rights. However, a request to delete your Personal Data will include the deletion of your login credentials, and thus your Upside account, which will prevent you from continuing to use the Services.
To exercise your rights regarding your Personal Data, the following methods are available:
In addition, to process or request the correction of your Personal Data, the following method is available:
If you submit a privacy request, Upside will endeavor to verify and complete your request in a timely fashion, including within the legally required response time or less. Upside may require additional information from you for verification purposes. In accordance with applicable law, Upside will require you to re-enter your login credentials in the mobile application prior to our handling of your request regarding your Personal Data. If we cannot verify your identity, we will not process your request regarding your Personal Data.
Where permitted by applicable laws and regulations, you may also submit a request regarding your Personal Data through an authorized agent. If you do so, the agent must present signed written permission from you to act on your behalf and you may also be required to independently verify your identity with us.
You may also have the option of posting your Services activities to Social Networking Services when you access content through the Services (for example, you may post to Facebook that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any Social Networking Services you have enabled will be able to view such activity.
Upside takes commercially reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Upside via the Internet.
You may contact us as follows: