UpStart Commerce Inc. (“UpStart,” “we,” “us,” and “our”) takes your privacy very seriously. This Privacy Policy (“Privacy Policy”) describes how UpStart collects and processes your personal information with respect to both your use of UpStart’s Website at www.upstartcommerce.com (the “Website”) and any other services that reference this Privacy Policy (collectively, the “Services”).

BY USING THE WEBSITE AND/OR SERVICES, YOU ARE CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. BEFORE YOU USE OR SUBMIT ANY INFORMATION THROUGH OR IN CONNECTION WITH THE WEBSITE AND/OR SERVICES, PLEASE CAREFULLY REVIEW THIS PRIVACY POLICY.  IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE AND/OR SERVICES. 

1. Information Collected

UpStart may collect personally identifiable information (information that identifies you as a specific individual, such as, but not limited to, your name, e-mail address, IP address, the company you represent and other contact information) from you in a variety of ways, including, but not limited to, when you visit the Website, subscribe to the Services, apply for a job, fill out a contact form or in connection with other activities, features or resources we make available through the Services. We will collect personally identifiable information from you only if you voluntarily submit such information to us. If you do not want this information to be collected by us, please do not submit it. 

2. Use and Disclosure of Your Information

UpStart collects and uses your information for our internal record keeping purposes; to improve our Website and Services; to periodically send promotional emails about new services, relevant news, support notifications, or other information which we think you may find interesting using the email address which you have provided; to evaluate your job application; or to improve the overall experience of using the Website by checking details of visits to our Website including, but not limited to, traffic data, location data, and other communication data. Your e-mail address may also be used to respond to your inquiries, questions, and/or other requests. If at any time you would like to unsubscribe from receiving future emails, we include unsubscribe instructions at the bottom of each e-mail.  UpStart does not sell, trade, or rent your personally identifiable information to others. 

UpStart may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may also disclose personal information that we collect or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of UpStart’s assets.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To those who would normally have access to the information through the normal course of business.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of UpStart, our customers, or others.

3. Security

UpStart utilizes appropriate security measures to protect against unauthorized access, use or disclosure of your information.  UpStart employees are required to keep information covered by this Privacy Policy confidential – unless disclosure is authorized in this Privacy Policy, or by you.  However, no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot guarantee or warrant the security of any information we collect. You use the Website and provide us with your information at your own risk.

4. Cookies

UpStart uses cookies to customize content specific to your interests and track your use of the Website. “Cookies” are text files that are placed on your computer and may be used to store your information. In addition to Cookies, UpStart may use other now known or later developed technologies, to assist UpStart in observing the behavior of users visiting the Website. These technologies access individual user information but the information is used only to compile aggregated statistics about the Website’s usage. The Website also uses Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (“Google”), to better assist UpStart in understanding how the Website is used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Website, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Website, compiling reports on Website activity for UpStart’s use, and providing other services relating to Website activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Website. The use of cookies by Google Analytics is covered by Google’s privacy policy. By using the Website you are agreeing to our use of cookies.

5. Links to Third Party Websites

This Privacy Policy applies solely to information collected by UpStart. This Privacy Policy does not apply to other websites that are accessible through the Website and/or Services. Please be aware that third party websites may have their own privacy and data collection policies and practices. UpStart is not responsible for the privacy practices of such websites and will not be responsible for any actions or policies of such third parties. We encourage our users to be aware when they leave the Website and to read the privacy statements of each and every website that you visit.

6. Notice for California Residents.

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect the Personal Information, where we obtain the Personal Information, and the third parties that we may share the Personal Information. We generally collect the following categories of Personal Information when you use our Website: and/or Services:

• Identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices.
• Commercial information.
• Your geolocation, to the extent you have configured your device to permit us to collect such information.

We generally do not collect protected classifications about our users, biometric information, professional or employment-related information, or education-related information unless you submit that information to us as part of a job application. For more information about the Personal Information we collect and how we collect it, please refer to the applicable sections above.

We collect your Personal Information for the business purposes described in this Privacy Policy. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or another operational purpose that is compatible with the context in which the personal information was collected.

The categories of third parties with whom we may share your Personal Information are listed above.

If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.

To assert your right to know, your right to access, or your right to delete your Personal Information, please contact us by email at [email protected]. To confirm your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

• Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, access, delete or opt-out of sales.
• Right to Know. You have the right to request in writing: (i) a list of the categories of Personal Information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of Personal Information we have collected about you, (ii) the categories of sources from which Personal Information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared Personal Information, and (v) the specific pieces of Personal Information we hold about an individual.
• Right to Access. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
• Right to Delete. You have the right to request us delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.
• Right to Opt-Out of Selling. The CCPA broadly defines “Personal Information” and “selling” such that sharing identifiers linked to you for a benefit may be considered a sale. We do not “sell” your Personal Information in the traditional sense; however as described above, we may share information about you with our partners, third parties or affiliates for our marketing purposes. Under the CCPA, such sharing may be considered a “sale” of Personal Information. All California residents have the right to opt-out of such sharing. To opt-out, please contact us at the e-mail above. Please note that if you opt-out, we may be unable to offer you some of our Services which require sharing of Personal Information.

If you are a California resident you may request a notice from us describing what categories of Personal Information we have shared with third parties (if any), including our corporate affiliates during the preceding calendar year. You may request such notice once a year and free of charge. To request a notice, please contact us at the e-mail address provided above Privacy Policy. In your request, please specify that you are seeking a “California’s Shine the Light Disclosure.”

7. Notice Concerning Do-Not-Track Signals 

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. 

8. Users Outside the United States

The Website and Services are operated from the United States and are not marketed to individuals outside of the United States. Your information will be processed and shared in the United States, where data protection and privacy regulations may provide different levels of protection compared with non-United States jurisdictions. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States and governed by US law. By using the Website or providing us with your information, you consent to this transfer.

9. Data Retention

We will hold your information for as long as necessary to fulfill the purposes set forth in this Privacy Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time.

10. Changing Your Information

You can correct or update some of the personal information you have provided to us.  If you are a customer, you can update your personal information by logging into the UpStart Portal and changing your profile.  If you are not a customer, then you may contact us by telephone (833) 877-8266‬ to request modifications.  UpStart will make good-faith efforts to make requested changes as soon as reasonably practical.

Users who have subscribed to newsletters or similar e-mails can unsubscribe by following the link provided in the footer of the e-mail received.

11. Children’s Privacy 

The Services are not intended for children under the age of 13. If we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) from children under the age of 13, we will take reasonable steps to delete it as soon as practicable.

12. Changes to the Privacy Policy

From time to time, UpStart may change or update this Privacy Policy. We recommend you regularly review this page. When we update this Privacy Policy, we will also revise the “last updated” date at the bottom of this page. UpStart will use reasonable commercial efforts to notify you of changes to this Privacy Policy that materially change the disclosures made here. By accessing the Website or the Services after the “last updated” date set forth below, you are deemed to consent to our then-current Privacy Policy.

13. Contacting Us

If you have any questions or concerns about this Privacy Policy, the practices of UpStart, or your dealings with this Website, please contact us by telephone (833) 877-8266‬ or e-mail at [email protected]. We will address any issue to the best of our abilities as soon as practicable.

Last Updated: April 10, 2024