Privacy Policy

Last updated: January 18, 2019

Thank you for using Upterior.com.  We are committed to protecting your privacy and, for that reason, we have adopted this Privacy Policy to explain our data collection, use, and disclosure practices for the Upterior services (including its website, and web-based applications, and any other tools, products, or services provided by Upterior that link to or reference this Privacy Policy) (collectively, the “Services”).  The Services are owned and operated by Upterior, LLC, a Delaware limited liability company (“Upterior”, “we”, “us” or “our”). 

This Privacy Policy applies to information Upterior collects through the Services, as well as other information provided to us online or offline by third parties, when we associate that information with customers or users of the Services; however, it does not apply to information collected from our employees, contractors, or vendors.  It also does not apply to information that you share with third parties or is collected by third parties through the Services (including web hosts, or web traffic or crash analytics tools).  You acknowledge and agree that Upterior is not responsible for the data collection or use practices of any other Services user or third party utilized in providing the Services. 

This Privacy Policy describes, among other things: 

·       Personal and other information we collect about you;

·       How we use your information;

·       Rights that you may have if you reside in the European Union;

·       How we may share your information with third parties; and

·       Your choices regarding the personal information we collect about you.

1.     Consent

By accessing or using the Services, you consent to this Privacy Policy.  If you do not agree with this Privacy Policy, please do not access or use the Services.  Information gathered through the Services may be transferred, used, and stored in the United States or in other countries where our service providers or we are located.  If you use the Services, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Services or Upterior are deemed to occur in the United States, where our servers are located.

(a)   European Union Residents

If you reside in a country in the European Economic Area or in Switzerland, then information we collect from you may be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”)), and the following additional information is provided for your benefit.

The controller of the personal data collected through the Services is:

Upterior, LLC

55 W. 25th Street, Suite 24G

New York, New York 10010

If you use the Services, you acknowledge that your personal data is being processed on the basis of your consent and our legitimate interests, and that information gathered through the Services may be transferred, used, and stored in the United States. 

You hereby consent to the processing of your personal data as described in this Privacy Policy, including the transfer, use, and storage of your personal data in the United States as further described below. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country.  You may withdraw your consent at any time by following the instructions in Section 6 below, but this will not affect the lawfulness of processing based on consent before its withdrawal.  However, if you withdraw your consent or decline to provide personal data to us, you may be unable to purchase certain products or fully use certain features or functions of the Services.  You have the right to file a complaint relating to the processing of personal data with a supervisory authority.

For purposes of the GDPR, we use the following companies as subprocessors of personal data:

•          Squarespace – web hosting

•          Google Analytics – analytics 

•          Stripe – payment processing

•          Gmail  – email services

2.     Collection of Your Personal and Other Information

When you register for, or use our Services, we collect Personal Information.  By “Personal Information” we mean information that can identify an individual.

Personal Information that you need to provide to us so that we can provide the Services to you, and improve and support those Services, are:

·       Names;

·       Personal or business addresses;

·       Email addresses;

·       Phone numbers;

·       Credit card information (which you submit to our third-party payment processing service provider for payment purposes);

·       Information contained in any personalized message you submit to us to be included with the delivery of certain Upterior products;

·       Information in any message you submit to us via the “Contact Us” functionality in our Services; and

·       Name, address, email address, and telephone number of the recipient of the products you order through the Services if you are purchasing them as a gift.

You may choose not to provide Personal Information, but this may prevent you from purchasing certain products or being able to fully use certain features and functions of the Services.

We also collect non-Personal Information relating to the Services, that is, information that does not personally identify any individual.  The non-Personal Information we collect includes how you interact with the Services, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Services. 

Examples of the non-Personal Information we may collect are:

·       Your Internet Protocol (IP address);

·       Information about your computer or mobile device, such as its maker or operating system version, and HTTP header information;

·       The pages of our website that you viewed during a visit;

·       What information or content you view or interact with using the Services; and

·       The city and state in which you are located (but not your precise geographic location).  

We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather non-Personal Information.

Information collected by the Services may be collected by us or one of our service providers acting on our behalf, but in either case, this Privacy Policy will govern the collection, use, and sharing of the information.

3.     Use of Your Information

Based on Upterior’s legitimate interests in providing, maintaining, and improving the Services, and providing you with access to products that match your preferences, we may use your Personal Information and non-Personal Information to: 

·       Assist us in providing, maintaining, and protecting the Services;

·       Set up, maintain, and protect accounts to use the Services;

·       Improve our online operations;

·       Process transactions;

·       Provide customer service;

·       Communicate with you, such as provide you with account- or transaction-related communications, newsletters, and/or other communications relating to the Services;

·       Send offers and other content that is customized to your interests or preferences;

·       Perform research and analysis aimed at improving our products and services and developing new products or services; and

·       Manage and maintain the systems that provide the Services. 

4.     Disclosure of Your Information

We may disclose your Personal Information to third parties as described below.   

We may disclose Personal Information to provide the Services, or when you give your consent for us to do so, or when we need to make such a disclosure in order to complete an action you want us to perform, for example when you use the Services to place an order for Upterior products. We may also disclose Personal Information (as well as non-Personal Information, without the same restrictions that apply to your Personal Information) to companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as processing of payments, processing and delivery of product orders, provision of data storage, hosting of our website, marketing of our products and services, conducting audits, and performing web analytics).  We may license third party software to include in or use with the Services, in which case we may disclose Personal Information and/or Non-Personal Information to the licensor.

For example, we use Squarespace, Inc. as a web host for the Services.  Additional information about how Squarespace, Inc. collects, uses, and shares personal information from end users of the websites it hosts can be found here:

Squarespace Privacy Policy

Based on Upterior’s legitimate interests in complying with applicable laws and maintaining the safety, security, and integrity of Upterior’s Services and related resources, we may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues. 

Additionally, based on Upterior’s legitimate interest in enabling strategic corporate transactions and reorganizations, Upterior may disclose your information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of the assets of our company relating to the Services, if we enter into a joint venture with another business entity, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will notify you and inform you of the identity of such third party or third parties, either via email or by posting notice on our website.

Lastly, you consent to Upterior’s disclosure of your Personal and non-Personal Information, anonymously aggregated with information about our other users, to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties.  Our anonymization and aggregation of your Personal and non-Personal Information in order to make such disclosures is based on Upterior’s legitimate interests, specifically, Upterior’s ability to operate its business and provide information about Upterior’s business to partners and potential partners. 

5.     Cookies and Automatic Gathering of non-Personal Information

Every time you use the Services (e.g., access a Service webpage), you consent to Upterior’s collection of Personal and non-Personal Information (discussed above in Section 2) regarding that use.  For example, to improve our Services, we collect how, when, and which parts of the Services or their features you use.  Also, we may use your device’s unique identifier (UDID), media access control address (MAC Address), or other unique identifiers to assist us in collecting and analyzing this data.

To assist us in collecting and storing this non-Personal Information, we may employ a variety of technologies, including “Cookies,” local browser storage, and “Web Beacons.”  A “Cookie” is a small amount of data a website operator may store in your web browser that the website operator can access when you visit its website (or any other content it hosts, which may be embedded in other websites).  A Cookie may also refer to web-browser-based storage provided by Adobe’s Flash plugin (a “Flash Cookie”).  A “Web Beacon” is a small, usually-transparent image placed on a web page that allows the operator of that image, to read or write a Cookie.  By agreeing to this Privacy Policy, you consent to Upterior’s use of Cookies, local browser storage, and Web Beacons, and you consent to Upterior’s collection of certain types of your Personal and non-Personal Information using these technologies. 

Subject to the controls offered by your operating system and web browser, you can erase information stored in Cookies, Flash Cookies, and local browser storage at any time, but if you do so, you may be forced to login to the Services again and you may lose some preferences or settings.  You can set your browser to refuse all website storage or to indicate when it is permitted, but some features of our Services may not function properly without it.  We may use Cookies to keep you logged in, save your preferences for the Services, and to collect information about how you use our Services.  

More information about managing Cookies is available here. Cookie management tools provided by your browser may not affect Flash Cookies. More information about managing Flash Cookies is available here. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser.

To help us collect this information, we use the following third-party software and services.  These third parties’ collection and use of non-Personal Information are subject to their own privacy policies, which you can read here:

Squarespace Cookie Policy

Google Analytics

6.     Accessing/Updating/Deleting Your Information; Do Not Track Signals

You may request to access, delete, or update your Personal Information by sending an email to support@upterior.com. We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request,  unless we need to retain it for legal reasons. However, you understand and acknowledge that we (and you) are not able to control information that you have made available to third parties through the Services.   

Additionally, if your Personal Information is subject to the GDPR, you may have certain additional rights, including the right of restriction of processing of personal data, the right to object to processing of personal data, and the right to data portability.  To request more information about these rights, please contact us as support@upterior.com.

We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and unless otherwise required by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information.  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 be aware that if you request us to delete your Personal Information, you may not be able to continue to use the Services.  Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy certain legal requirements.

At this time, Upterior.com does not respond to “do not track” signals that may be sent from your browser.

If you’ve previously opted in to receive marketing emails, you can opt out of receiving these e-mails from us by clicking on the “unsubscribe” link in the e-mails.  Please note that it may take up to fifteen (15) business days for your opt-out request to be processed.  Also, even if you opt out of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.

7.     Children

The Services are not intended for users under 18 years of age.  We do not knowingly collect Personal Information from users under 18 years of age.  We do not authorize users under 18 years of age to use the Services. 

8.     Information Security

We utilize reasonable information security measures to safeguard your Personal Information against unauthorized access, modification, or destruction.  For example, we utilize Secure Socket Layer (SSL), Transport Layer Security (TLS), or similar encryption technology when sensitive data is transmitted over the Internet, and use firewalls to help prevent external access into our network.  However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure.  Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.

We restrict access to Personal Information to our employees, contractors, and agents who need to know that information in order to operate, develop, improve or support our Services.

9.     Your California Privacy Rights

A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California Customer”) is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes.  In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing a customer’s Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy.  Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information to third parties for direct marketing purposes and providing a cost free means to exercise that right.  To prevent disclosure of your Personal Information for use in direct marketing by a third party for its own purposes, do not opt in to or authorize such use when you provide Personal Information through the Services.  Please note that whenever you allow your Personal Information to be shared with a third party to communicate with you, your information will be subject to that third party’s privacy policy.  If you later decide that you do not want that third party to use your information, you will need to contact the third party directly.  You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

California Customers may request further information about our compliance with California’s privacy law by e-mailing support@upterior.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

10.  Third Party Websites. 

Please note that the Services may link or integrate with third-party sites, services or apps.   We are not responsible for the privacy or security policies or practices or the content of such third parties.  Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information.

11.  Changes to this Policy

We may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed.  If we make any material changes to this Privacy Policy, we will notify you by reasonable means, which may be by e-mail or posting a notice of the changes on our website prior to the changes becoming effective.  We encourage you to check this Privacy Policy from time to time.  IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES (WHICH IS THE “LAST UPDATED” DATE OF THIS PRIVACY POLICY).

12.  Questions

To ask questions about our Privacy Policy or to lodge a complaint, contact us at: 

Upterior, LLC

55 W. 25th Street, Suite 24G

New York, New York 10010

Email: support@upterior.com