Effective date: 20 September 2020

If you are a visitor to an upsalesuite.com Website or a customer of an Upsale Service, then except as expressly set forth below, this Privacy Policy applies to your use of such Website or Service.

If you are a visitor to or user of a third-party website or service (“Third-Party Property”) that utilizes any Upsale communication or messaging or app products (such as the Upsale chat widget, mobile application), then any information you submit to such Third-Party Property (including via the Upsale product) is collected under the privacy policy of the owner of such Third-Party Property, and you should contact such owner with any related requests or inquiries you may have. If you have any inquiries specifically directed towards Upsale, please email us at upsalesuite.com.

At Upsale, we respect the privacy rights of our users and recognize the importance of protecting the personal information we collect about you. Our Privacy Policy is designed to help you understand what information we collect and how we use and share that information. This Privacy Policy applies to our Websites and Services.

As used in this Privacy Policy, “Upsale,” “us” and “we” refers to Upsale Advertising Pvt. Ltd. and its affiliates. The “Websites” means upsalesuite.com’s websites (including without limitation www.upsalesuite.com, app.upsalesuite.com and any successor URLS, mobile or localized versions and related domains and subdomains), and the “Services” means Upsale’s communications and messaging products, applications and services, in each case in whatever format they may be offered now or in the future. The Websites and Services are collectively referred to herein as the “Offerings.”

Information We Collect

A. Information Related to Your Interaction with Upsale and the Offerings.

Registration and Contact Information. We collect information about you when you (a) register to use the Services and (b) otherwise provide contact information to us via email, mail, or through our Offerings. This information you provide may include your username, first and last name, email address, mailing address or phone number.

Folders / File attachments Information. We may ask you for permission to access your folders and files including images, videos, documents, etc. that you want to share with your customer over the conversation.

Payment Information. When you purchase the Services, we will also collect transaction information, which may include your credit card information, billing and mailing address, and other payment-related information (“ Payment Information”). We describe how Payment Information may be collected and processed in Section 4.

Technical, Usage and Location Information. We automatically collect information on how you interact with the Offerings, such as the IP address from which you access the Offerings, date and time, information about your browser, operating system and computer or device, pages viewed and items clicked. We may also collect location information, including location information automatically provided by your computer or device. We use cookies and similar technologies to collect some of this information. For more information, please see Upsale’s Cookie Policy below.

Third Party Platforms. We may collect information when you interact with our advertisements and other content on third-party sites or platforms, such as social networking sites. This may include information such as “Likes”, profile information gathered from social networking sites or the fact that you viewed or interacted with our content.

Other Information.We may collect other information from you that is not specifically listed here. We may use any such information in accordance with this Privacy Policy or as otherwise permitted by you.

B. Customer Data.

You may submit various types of information and data into the Services for hosting and processing purposes (“Customer Data”). Customer Data may include, without limitation, (a) personal information such as names, email addresses and phone numbers of your end user customers, potential customers and other users of and visitors to your websites, apps and other properties (“People”), which information may be input into the Services by you or collected by the Services using Upsale tags, scripts and other code implemented on such properties, and (b) information contained in communications between you and People using the messaging features of the Services.

We will only use, disclose and otherwise process Customer Data for the purposes set forth in your agreement with us for the provisioning of the Services (“Customer Agreement”). The Services use third-party services to enable you to retrieve publicly-available information about People including without limitation social media information, profile information, gender, company, job titles, photos, physical addresses, and website URLs based on People’s email addresses input into the Services.

How We Use the Information We Collect

We use your information in the following ways:

To provide, maintain and improve the Offerings and our other products and services, including to operate certain features and functionality of the Offerings (for example, by remembering your information so that you will not have to re-enter it during this or subsequent visits);
To process your inquiries and otherwise deliver customer service;
To process your payments, we share and use Payment Information as described in Section 4 (Payment Information);
To control unauthorized use or abuse of the Offerings and our other products and services, or otherwise detect, investigate or prevent activities that may violate our policies or be illegal;
To analyze trends, administer or optimize the Offerings, monitor usage or traffic patterns (including to track users’ movements around the Offerings) and gather demographic information about our user base as a whole;
To communicate directly with you, including by sending you newsletters, promotions and special offers or information about new products and services. Your opt-out options for promotional communications are described in Section 6 (Your Controls and Choices);
To deliver you advertising, including by serving and managing ads on the Offerings or on third party sites and to tailor ads based on your interests and browsing history. Please see Section 6 (Your Controls and Choices) for additional information on how to manage the ads you see; and
In the manner described to you at the time of collection or as otherwise described in this Privacy Policy.

Sharing Your Information with Third Parties

We do not sell, trade, share or transfer your personal information to third parties except in the following limited circumstances:

We may share your personal information with our parent companies, subsidiaries and affiliates;
We may share your personal information with third-party service providers to permit such parties to provide services that help us with our business activities, which may include assisting us with marketing, advertising our product/service offerings, or providing, maintaining and improving the features and functionality of the Offerings, among other things. For example, we may provide personal information to our service providers for direct emailing of our newsletters or notifications of our product/service offerings;
We may share your personal information when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce a Customer Agreement, including investigation of potential violations thereof, or (c) protect against imminent harm to our rights, property or safety, or that of our users or the public as required or permitted by law;
We may share your personal information with third parties (including our service providers and government entities) to detect, prevent, or otherwise address fraud or security or technical issues;
We may share your personal information with our business partners who offer a service to you jointly with us, for example when running a cross-promotion;
We may share your Payment Information to process your payments, as further described in Section 4 (Payment Information);
We may share and/or transfer your personal information if we become involved in a merger, acquisition, bankruptcy, or any form of sale of some or all of our assets; and
We may share your personal information with a third party if we have your consent to do so.

We may also share aggregated or anonymized information with third parties for other purposes. Such information does not identify you individually, but may include usage, viewing and technical information such as the types of Offerings our customers and users generally use, the configuration of their computers, and performance metrics related to the use of Offerings which we collected through our technology. If we are required under applicable law to treat such information as personal information, then we will only disclose it as described above. Otherwise we may disclose such information for any reason.

Payment Information

When you make a purchase on the Offerings, any credit card information you provide as part of your Payment Information is collected and processed directly by our payment processor Paytm through their Paytm Checkout service. We never receive or store your full credit card information. Stripe commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security. Paytm may use your Payment Information in accordance with their own Privacy Policy here:https://pages.paytm.com/privacy.html.

Other Access to or Disclosure of Your Information

The Offerings may also contain links to third party websites. This Privacy Policy applies solely to information collected by us. Even if the third party is affiliated with us through a business partnership or otherwise, we are not responsible for the privacy practices of such third party. We encourage you to familiarize yourself with the privacy policies of such third parties to determine how they handle any information they separately collect from you. Please be aware that we do not warn you when you choose to click through to another website when using the Offerings.

The Websites contain features that enable you to post reviews, comments or other content that is publicly viewable. You should be aware that any personal information you submit as part of those posts can be read, collected, or used by other visitors to the Websites, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to publicly post on the Websites. Please see our Website Terms of Use for more information and for other guidelines about posting content on the Websites.

Your Controls and Choices

Opt-Outs. We may provide you with the opportunity to “opt-out” of having your personal information used for certain purposes when we ask for this information. If you decide to opt-out, we may not be able to provide certain features of the Offerings to you.

Communication Preferences. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included on such communications or on the Offerings. Please note, however, that you may be unable to opt-out of certain service-related communications.

Blocking Cookies. You can remove or block certain cookies using the settings in your browser but the Offerings may cease to function properly if you do so.

How We Respond to Do Not Track Signals. Your Web browser may have a “do not track” setting which, when enabled, causes your browser to send a do not track HTTP header file or “signal” to each site you visit. At present, the Offerings do not respond to this type of signal.

Accessing and Updating Your Personal Information

When you use the Offerings, we make good faith efforts to provide you with access to your personal information upon your request and either provide you the means to correct this information if it is inaccurate or to delete such information at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You may access, review, correct, update, change or delete your information at any time. To do so, please contact us upsalesuite.com with your name and the information requested to be accessed, corrected or removed, or if you are using the Service, sign in to your account, go to your profile, and make the desired changes. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort (for instance, requests concerning information residing on backup tapes), jeopardize the privacy of others, would be extremely impractical, or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please note that if you cease using the Service or we terminate your access to the Service in accordance with your Customer Agreement, you may no longer have the ability to access or update your information.

We may retain your information as necessary to support the Offerings, comply with our legal obligations or resolve disputes. Note that content you post may remain on the Offerings even if you cease using the Offerings or we terminate your access to the Offerings.

Changes to the Privacy Policy

We reserve the right to change our Privacy Policy at any time. If we make changes, we will post them and will indicate on this page the policy’s new effective date. If we make material changes to this policy, we will notify you by email or through notice on the Offerings.

Security

The security of your personal information is important to us. We maintain a variety of appropriate technical and organizational safeguards to protect your personal information. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Further, we have implemented reasonable physical, electronic, and procedural safeguards designed to protect personal information about you. When you enter sensitive information (such as your password), we encrypt that information in transit using industry-standard Transport Layer Security (TLS) encryption technology. No method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while we strive to use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.

Cookie Policy

This Cookie Policy explains how upsalesuite.com and its affiliates (collectively "Upsale", "we", "us", and "ours"), use cookies and similar technologies to recognize you when you visit our websites, including without limitation www.upsalesuite.com, app.upsalesuite.com and any successor URLs, mobile or localized versions and related domains / sub-domains ("Websites") and/or our mobile application ("App") and / or our communication platform ("Platform"). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website, mobile app or use an online platform. Cookies are widely used by online service providers to facilitate and help to make the interaction between users and websites, mobile apps and online platforms faster and easier, as well as to provide reporting information.

Cookies set by the website and/or mobile app and/or platform owner (in this case, Upsale) are called "first party cookies". Cookies set by parties other than the website and/or mobile app and/or platform owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website and/or mobile app and/or platform (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer or device both when it visits the website and/or mobile app and/or platform in question and also when it visits certain other websites and/or mobile apps and/or platforms.

Why do we use cookies?

We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites and/or App and/or platform to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites and/or App and/or platform. Third parties serve cookies through our Websites and/or App and/or platform for analytics and other purposes.

Information Collected

We automatically collect information such as Your browser type and IP address. To offer you meaningful products and services and for the reasons set forth in this policy, We collect information about you, including Personally Identifiable Information, from the following sources:

Information We Collect Directly from You: The type of information that we collect directly from you varies based on your interaction with our Site and our Services. We collect information directly from you when you complete an application or other forms on the Site and/or Software. We also collect information that you send us via any medium, including, but not limited to email, telephone, and social media interaction; or
Information We Collect Automatically: If You use a mobile device platform to access the Services or communicate with Upsale, information transmitted from Your mobile device; or

A. Registration

upsalesuite.com may request information from you during the registration process including, but not limited to: name, email address, company name and address, phone number, payment information, and/or social media profile information and authorization. upsalesuite.com may request other information from you during or after the registration process that Upsale uses to provide better and more customized services to Users. You acknowledge that this information is personal to you, and by creating an account on Upsale, You may allow others, including Upsale, to identify You and to allow Upsale to use Your information in accordance with the Terms.

B. Customer Service

We collect information when You interact with upsalesuite.com’s customer service in order to accurately categorize and respond to customer inquiries and investigate breaches of Our terms.

C. Using Third Party Services and Visiting Third Party Sites

Information you provide to third-party sites/websites through the Service are not within the control of Upsale and you provide such information at your own risk. The terms and conditions of use and the privacy policies of those websites that you provide information to through the Service will govern their use of such information. Any information you share with a third-party site through the Service will be collected by Upsale. Upsale will use such information in compliance with this Privacy Policy.

D. Information Collected Automatically

Use of Cookies. The Site may send a cookie to your computer. Cookies allow us to recognize You as a user when You return to the Upsale website using the same computer and web browser and to monitor how you use the Site. We use cookies to identify which areas of our site you have visited, so the next time you visit the site, those pages may be readily accessible. We also may use this information to better personalize the content that you see on the Site. We also use cookies to automatically capture activity on the Site, such as where You click, how You scroll through the Site, or what fields you enter text into (without seeing the actual text you enter). Most browser software can be set to reject Cookies. However, if You reject Our Cookies, certain functionality on the Site may not work correctly or at all.

We may allow authorized third parties to place or recognize a unique cookie on your browser. Upsale does not store unencrypted personally identifiable information in the cookies.

If you send us notice that you object to our use of cookies, a “disagree” cookie will be stored in your browser and Upsale will not collect any session data. You can object to the collection and analysis of this anonymous data by emailing Your request to opt out to upsalesuite.com

E. Web Beacons

Upsale also may use web beacons, pixels, anonymous ad network tags, and cookies to collect information about Your use of the Site and the websites of selected sponsors and advertisers, to collect anonymized, aggregated auditing, research and reporting for advertisers, and to collect data related to Your use of special promotions or newsletters. The information collected by Web Beacons also allows us to statistically monitor how many people open Our emails and for what purposes these actions are being taken. Our Web Beacons are not used to track Your activity outside of the Site or the websites of Our sponsors. However, because Your web browser requests advertisements and web beacons directly from ad network servers, these networks can view, edit or set their own cookies, just as if You had requested a web page from their site. If You are a non-registered Visitor to the Site, the only information We collect will be Non-Personal Information through the use of cookies or web beacons.

F. Log files, IP Addresses and information about Your computer and mobile device

Due to the communications standards on the internet, when You visit the Site We automatically receive the URL of the site from which You came and the site to which You are going when You leave upsalesuite.com Site. Upsale also receives the internet protocol (“IP”) address of Your computer (or the proxy server You use to access the World Wide Web), Your computer operating system and type of web browser You are using, email patterns, Your mobile device (including Your UDID or Vendor Identification) and mobile operating system (if You are accessing the Site using a mobile device), as well as the name of Your ISP or Your mobile carrier. Upsale may also receive location data passed to it from third-party services or GPS-enabled devices that you have enabled. Also, as described above in Section 1.D. Upsale receives information when You access third-party web pages through the Service. The link between Your IP address and your personally identifiable information is not shared with third parties without Your permission, except as described in Section. ("When We May Disclose Your Information"), below.

Exemptions from Privacy Policy

Our Privacy Policy does not apply to any information You may send to Upsale by email or instant messaging programs (i.e. AOL, Yahoo, etc.), as email and instant messages are not recognized as secure communication forms. As such, We request that You do not send any information, which You consider private, to us by email or instant message. Furthermore, Our Privacy Policy does not apply to any information you post from Our Software to other websites (i.e. Twitter, Facebook, etc.), due to the public nature of such postings.

Links/Postings to Other Sites

The Site and/or Software may contain links to other websites. Upsale is not responsible for the actions, practices, or content of such websites linked to or from the Site and/or Software. You understand that such websites may have their own legal documents to which you must agree to prior to using and that we have no control over these legal documents. As always, You understand that it is Your responsibility to verify Your legal use of a website as well as use of information from the website with the corresponding website owner.

When We May Disclose Your Information

We do not share Personally Identifiable Information with third parties for their own marketing purposes. We may disclose your information, including Personally Identifiable Information, for the following purposes:

We may share Personally Identifiable Information with Our contractors and service providers that perform services on Our behalf, including, but not limited to, operation of the Site technology, marketing services, and other related services.Access to Your Personally Identifiable Information by such contractors and service providers is limited to the information reasonably necessary for the contractor to perform its limited function for Upsale. We also contractually require that such contractors and service providers: 1) protect the privacy of Your Personally Identifiable Information consistent with this Privacy Policy, and 2) not use or disclose Your Personally Identifiable Information for any purpose other than providing us with products and services as required by law. If You sign up for a free trial of our Services and are located in the continent of Africa, we may share Your Personally Identifiable Information with our resellers for this region.
We may share Personally Identifiable Information We collect, as permitted by law, with companies such as credit reporting agencies, or servicing and processing companies, or when required or advised to do so in response to a valid legal requirement to release this information such as a state or federal law, regulation, search warrant, subpoena, or court order; or (2) in special cases, such as in response to a physical threat to You or others, to protect property, or defend or assert legal rights, to defend ourselves in litigation. In the event that We are legally compelled to disclose Your Personally Identifiable information to a third party, We will attempt to notify You unless doing so would violate the law or court order.
Finally, Upsale may provide content and services to You through websites other than Our own. Upsale will not disclose Your Personally Identifiable Information to these 3rd party websites without Your consent, but You should be aware that any information You disclose on such sites is NOT subject to this Privacy Policy.

If you request that we do not share Your personal data with a third-party, that request may result in your inability to use some or all of a Upsale service. If Your access to the Service is terminated based upon Your request that We do not share Your personal data with a third-party and that requests results in Your inability to use some or all of the Service, Your resulting inability to use the Service shall not be a basis for a refund or to avoid charges for the Service that You previously agreed to.

Security Policy & User ID/Password

Our site utilizes various information security measures such as internet firewalls, an intrusion detection system, encrypted data transmission, and operating procedures that are designed to protect Your personal data, accounts, passwords, etc. you should protect Your user ID and password and NOT share it with anyone. If you believe Your user ID and password have been compromised and You have trouble changing your user ID/password on the Site or within the application, please contact Our technical support department (upsalesuite.com).

How often do we update this Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

The date at the top of this Cookie Policy indicates when it was last updated.

If you have questions or need to contact us about this Privacy Policy, please email us at upsalesuite.com.