Privacy Policy
Welcome to UpTrend, run by UTM Technologies Inc. (“UpTrend”)
We, at UpTrend, recognize and respect the importance of maintaining the privacy of our visitors and members. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.
Our Privacy Policy explains:
- What information we collect and why we collect it.
- How we use that information and when we disclose it.
- How to access and update your personal information.
Your privacy matters to us so please take the time to familiarize yourself with our policies, and if you have any questions please contact us at [email protected].
1. Important Information and Who We Are
Purpose Of This Privacy Policy
This Privacy Policy aims to give you information on how UpTrend collects and processes your personal information through your use of the UpTrend website at uptrendapp.io and its subdomains (collectively the “Website”), or through your subscription to or other use of the UpTrend services (“Services”), including any information you may provide through the Website when you sign up for a demo of our Services, when you create an account and a profile with us, when you subscribe for one of our Services (whether as a brand (“Brand”) or as a social media influencer (“Influencer”), when you search our Website, or when you grant permission as an Influencer for Brands to access your social media accounts or to view your activities through our Services.
Please note that this website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website or through the Service. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or on or through any of its features, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.
It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your information. This Privacy Policy supplements the other notices and is not intended to override them.
Controller And Processor
To the extent that UpTrend Inc. holds information about you due to your use of our services, UpTrend is the controller and responsible for your personal information. Where we process personal information on your behalf in providing our services to you, we act as data processor.
If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact us using the details set out below.
Contact Details
UTM Technologies Inc.
Email address: [email protected]
If you are based in the European Union, you also have the right to make a complaint at any time to your local supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the regulator so please contact us at [email protected] in the first instance.
Changes To The Privacy Policy
This version was last updated on 1 December, 2021.
We reserve the right to change the terms of this Privacy Policy at any time. When we do, we will post the revised Privacy Policy to our Website and the last revision date of revision will be updated so that you will always be able to understand what information we collect, how we use your information, and under what circumstances we may share your information with others.
Third-Party Links
The Website or Service may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website or Service, we encourage you to read the privacy notice of every website you visit.
2. The Information We Collect About You
Personal data, or personal information, means any information relating to an identifiable person who can be directly or indirectly identified. It does not include data which cannot be related to an identifiable person (anonymous data).
We may collect, use, store and transfer different kinds of personal information about you (depending on whether you are just a visitor to our Website, a Brand or an Influencer) which we have grouped together follows:
- Identity Data includes first name, last name, username or similar identifier.
- Contact Data includes billing address, delivery address, and e-mail addresses.
- Financial Data includes payment card details.
- Transaction Data includes details about payments to and from you, payments owed to you and other details of services you have purchased from us or your activities connected to campaigns bid for through the Services.
- Technical Data includes internet protocol (IP) address, your mobile device’s unique ID number, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
- Profile Data includes your username and password, purchases or orders made by you, your location, interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our Website, app(s) and services, such as the buttons, controls, products and ads you click on, pages of our application or Website that you visit, the time spent on those pages, your search queries, the dates and times of your visits, but also about the webpage you were visiting before you came to our Website app(s) and the webpage, app(s) you go to next.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Third Party Platform Data includes information such as images, analytical data etc. derived from your account with third party platforms (such as Facebook, Instagram, Pinterest etc., “Third Party Platforms”) where you grant us your express consent to access such an account.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal information but is not considered personal information in law as this information does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If You Fail To Provide Personal Information
Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
3. How Is Your Personal Information Collected
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you :
- Subscribe for the Services;
- create an account and profile with us;
- agree to allow us to access your Third Party Platform Data (as an Influencer);
- request marketing to be sent to you; or
- give us some feedback.
- Third parties or publicly available sources. We may receive personal information about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
- analytics providers such as Google Analytics;
- search information providers such as Google.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe.
- Identity and Contact Data from our partners, data brokers or aggregators.
- Identity and Contact Data from publicly available sources such as LinkedIn, Instagram, and other social networking sites.
- Third Party Platform Data from Third Party Platforms where you grant us your consent to link to your Third Party Platform account.
4. How We Use Your Personal Information
We will only use your personal information when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal information other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us using the details set out above.
Purposes For Which We Will Use Your Personal Information
We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information. Please contact us using the details set out above if you need details about the specific legal ground we are relying on to process your personal information where more than one ground has been set out in the table below.
| Purpose/Activity |
Type of Data |
Lawful basis for processing including basis of legitimate interest |
| To register you as a new customer |
Identity
Contact |
Performance of contract with you |
|
To process and deliver your order including:
- Manage payments, fees and charges
- Collect and recover money owed to us
|
Identity
Contact
Financial
Transaction
Marketing and Communications |
Performance of contract with you
Necessary for our legitimate interests (to recover debts due to us)
|
|
To manage our relationship with you which will include:
- Notifying you about changes to our terms or Privacy Policy
- Asking you to leave a review or take a survey
|
Identity
Contact
Profile
Marketing and Communications |
Performance of contract with you
Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)
|
| To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
Identity
Contact
Technical |
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
Necessary to comply with a legal obligation
|
| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
Identity
Contact
Profile
Marketing and Communications
Technical |
Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy) |
| To use data analytics to improve our website, services, marketing, customer relationships and experiences |
Usage
Technical |
Necessary for our legitimate interests (to define types of customers for our services, to keep our Website and Service updated and relevant, to develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about services that may be of interest to you |
Identity
Contact
Technical
Usage
Profile |
Necessary for our legitimate interests (to develop our services and grow our business) |
Influencers
You may agree to provide services as an “Influencer” to one or more of Brands through our Service. Where you do so, you agree to allow those Brands to access your Third Party Platform Data. If you agree to allow us to access your Third Party Platform Data, then we will collect, store and process that Third Party Platform Data as a Data Processor on behalf of the Brand(s) with whom you made such an agreement, and such data will be shared with that Brand. By entering into such an agreement, you consent to our accessing, collecting, storing and processing such Third Party Platform Data for such purpose. Subject to your agreement with such Brand, you may withdraw such consent at any time by disconnecting. The terms of this privacy policy shall otherwise apply, to the extent applicable to your data.
Marketing
We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. You may elect to opt out of receiving any further marketing or advertising emails from us through the mechanism provided in those emails.
Promotional Offers From Us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
Third-Party Marketing
We will get your express opt-in consent before we share your personal information with any company outside our company for marketing purposes, including service providers who perform marketing services on our behalf, such as conducting surveys, sending communications to you on our behalf, or serving advertisements to you.
Opting Out
You can ask us or third parties to stop sending you marketing messages at any time by contacting us using the details set out above at at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of a service purchase, service experience or other transactions.
Change Of Purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the details set out above.
If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of Your Personal Information
We may have to share your personal information with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Brands, where as an Influencer you agree to provide services to such Brand through our Service;
- Service providers such as hosting providers or other processors on our behalf;
- Governmental or regulatory agencies;
- Our personnel,
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Policy.
We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.
6. International Transfers
We share your personal information within our company. This will involve, if you are based in the European Union, transferring your data outside the European Economic Area (EEA).
Many of our external third parties are also based outside the European Economic Area (EEA) so their processing of your personal information will involve a transfer of data outside the EEA.
If you are based in the European Union, whenever we transfer your personal information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. Data Security
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data Retention
How Long Will You Use My Personal Information For?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after you cease being customers for tax and other legally required purposes.
In some circumstances you can ask us to delete your information: see below for further information.
In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your Legal Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal information. You may have the right to:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the information’s accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
- Request to not sell any personal information enables you to ask us to stop selling your personal information for our gain. However, UpTrend does not sell any personal information at this time.
Please contact us using the contact details set out above if you wish to exercise such rights.
No Fee Usually Required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What We May Need From You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Limit To Respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
