Last Modified on September 30, 2016

Our Privacy Commitment

Upfund, Inc. (the “Company,” “UpFund,” “we,” “us,” or “our”) is committed to respecting the privacy rights and concerns of users of UpFund’s website, www.upfund.io, or any related UpFund-owned or operated services (collectively, the “Service”). As such, we have established and implemented this Privacy Statement to inform visitors to the Service of how we use and protect the information we collect through the Service. By visiting or browsing the Service, you consent to UpFund’s collection, use, storage, deletion, and disclosure of personal information relating to you as set forth in this Privacy Statement. This Privacy Statement is effective as of the date set forth above and covers our collection, use, and disclosure of information we collect through the Service.This Privacy Statement answers the following questions:
What information do we collect about you and how do we use it?

  • Will we share your personal information with third parties?
  • What choices do you have about the collection and use of your personal information?
  • What security measures do we take to safeguard your personal information?

What Information Do We Collect About You and How Do We Use It?

Types of Information We Collect

Personal information means information that can be used to identify and contact you. The Service may collect personal information from you including your email address, postal address, name, birthdate, username, password, phone number, photograph, social media information, credit card information, credit data, locational information, billing information, and cookies.We may collect personal information when you create an account on the Service; create or back a fundraising campaign through the Service; communicate or comment on a campaign through the Service; fill in a ‘contact us’ request to receive customer or technical support; subscribe to our newsletter; or participate in Service feedback, questionnaires, surveys, or contests.We may collect certain sensitive information, including your Social Security number and bank account information, only when you voluntarily provide it to UpFund. We do not collect or process any sensitive information without explicit consent from you.

How We Use Your Personal Information

We may use your personally identifiable information for all legal purposes.Communications and Support. UpFund may use your email address or other personally identifiable information to send you email communications about our products or services. We will also use your email address to contact you regarding any customer or technical support issues.Payment Processing. If you create or back a fundraising campaign through the Service, UpFund may need for you to provide certain financial information so that UpFund may effect a payment transaction. As part of the payment system, UpFund, or third parties performing sales processing services on UpFund’s behalf, will collect, store and use non-public personally identifiable information, such as your name, address, bank account number, credit card number, phone number, and your e-mail address. In addition, the payment system will also collect information regarding the actual payment transaction, including the date and amount paid. UpFund will store and protect this information in the same manner that UpFund stores and protects other personal information.Credit Report. If you create a fundraising campaign through the Service, UpFund may use your sensitive personally identifiable information, including your Social Security number, to pull and examine a credit report TransUnion, Experian, and other credit bureaus, as part of UpFund’s seller screening process. For more information about your rights as a consumer under the Fair Credit Reporting Act, please visit our FCRA disclosures page here.Campaign Monitoring. If you create a fundraising campaign, UpFund may use your sensitive personally identifiable information, including your Social Security and Bank Account numbers, and Amazon seller information, to monitor the progress of the fundraising campaign and the manufacture and sale of goods as part of that campaign.Account Login. The personal information you provide will allow you to log in to and use the Service.

De-Personalizing Your Information

We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect on the Service (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties.

Cookies and other Technical Information

“Cookies”are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Service to allow us to provide information to make your online experience more convenient and to enhance your experience with the Service. For example, when you return to the Service after logging in, cookies provide information so that the Service will remember who you are on subsequent visits, speeding up or enhancing your experience of the Service by, for instance, tailoring content to you. Cookies are not spyware or adware, and can’t deliver viruses or run programs on your computer. A user may configure his or her web browsers to accept or reject or delete the cookies, or notify the user when a cookie is being set.We may collect other technical information from users of the Service, including their IP address, browser type, domain names, and access times.

Web Beacons

We employ third party tracking utility software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. In short, clear gifs enable two websites to share information with one another. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.

Tracking Pixel

A tracking pixel is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a web page and allows for the collection of information regarding the use of the web page that contains the tracking pixel. UpFund uses third party servers to support tracking pixels and cookies.

“Do Not Track”

When you visit the Services, we may also collect information about your online activities over time and across third-party websites or online services. Because there is not yet a consensus on how companies should respond to web browser-based or other do-not-track mechanisms, we do not respond to web browser-based do-not-track signals at this time.

Google Analytics

Our Service uses Google Analytics to help us learn about who visits our site and what pages are being viewed.

Social Media

Our Service interfaces with social media sites, such as Facebook. You can log in to the Service using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Features like Facebook Connect give you the option to post information about your activities on our Services to your profile page to share with others within your network. Those social media sites may collect your IP address or set cookies. If you are a member of a social media site, the interfaces may allow the social media site to connect and view your personally identifiable information. Your interactions with these features are governed by the privacy policy of the company providing it.

Children’s Privacy

We do not knowingly collect any personal information from children under the age of 13, allow them to create accounts, sign up for news about products and services, or use the Service.

Children’s Privacy

We do not knowingly collect any personal information from children under the age of 13, allow them to create accounts, sign up for news about products and services, or use the Service.

How We Will Share Your Personal Information With Third Parties

We will share the personal information we collect from you under the following circumstances:

  • Protection of rights. UpFund will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (iii) such action is appropriate to protect the rights, property or safety of UpFund, its employees, clients, or users of the Service.
  • Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of UpFund’s assets or a line of business, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur, UpFund will use reasonable means to notify you through a prominent notice on the Service. By sharing your personal information with UpFund, you are giving UpFund consent to transfer your personal information to a third party in an asset transfer described here.
  • Credit Reports. UpFund may share your personal information, including your name, Social Security number, birthdate, and address during the seller screening process to TransUnion, Experian, or other credit bureaus. Pulling a credit report may involve a partnership with a third party service provider.
  • Service Providers. We may share your personal information with third party vendors or service providers that we engage for the purpose of fulfilling fundraising campaigns or processing information on our and your behalf. For example, we may partner with other companies to process payments for the Service. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Statement and appropriate confidentiality and security measures.

Additional Information You Should Know About Third Parties

Please be aware that we cannot control the activities of third parties to whom we provide data, and as such we cannot guarantee that they adhere to the same privacy and security procedures as UpFund.
When you click on a third party logo or URL displayed on our Service that links you to a different website, our Privacy Statement no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website. If you cannot find their privacy policy, then you should contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies. We are not responsible for their collection and use of your personal information.

What Choices Do You Have About the Collection and Use of Your Personal Information?

When you provide us with personal information, you consent to our collecting, using, and sharing it in accordance with this Privacy Statement.

Control of Your Information

UpFund allows you to control the way we use personally identifying information that we might obtain. At the time you provide personal information, UpFund may give you the option of declining any future offers or information about new products, promotions, or services. In addition, many of the “mailings” UpFund may send you, such as updates on our products and services, have procedures within them to cancel the receipt of any future mailings.

Data Retention

UpFund retains the collected data for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law. Thereafter, UpFund deletes all aforementioned data in its possession within a reasonable timeframe. UpFund does not verify the correctness of personal data.In some cases, we may not be able to delete your personal information, and will retain and use your information as necessary to comply with our legal obligations to Credit Bureaus and others, resolve disputes, and enforce our agreements.Please note that some data may be retained if necessary to resolve disputes, enforce UpFund’s user agreements and backer rights, and comply with technical and legal requirements and constraints related to the security, integrity and operation of the Service.

How to Correct or Delete Your Data

Any individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his or her query to the following email address:hello@upfund.io or through the Contact Us form on the Service. Please include your full name and email address associated with your account and a detailed description of your data request.In some cases, we may not be able to delete your personal information, and will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

California Residents: Your California Privacy Rights

Under California law, our customers that are California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. See the section above entitled “How We Will Share Your Personal Information With Third Parties” for more information. Furthermore, we give customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. If you are a California resident, you may opt out of having your personal information shared with third parties and/or receiving information from UpFund (via email or postal mail) about new products, services, or promotions, by contacting us through the Contact Us form on the Service or athello@upfund.io. Please include your full name and email address associated with your account and a detailed description of your data request. In some cases, opting out may impact UpFund’s ability to provide the Service to you.

Governing Law

This Privacy Statement is governed by, and construed under, the laws of the United States of America and the laws of the State of California, excluding its choice of law provisions.

Mediation

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Statement, you and UpFund will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in San Francisco, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

What Security Measures Do We Take To Safeguard Your Personal Information?

The personal information that you provide to us is stored on servers that are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. In addition, Company employees and agents who have access to your personal information are trained in the maintenance and security of that information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

Notification of Changes

This Privacy Statement may change from time to time and we will post all changes on the Service. You understand and agree that you will be deemed to have accepted the updated Privacy Statement if you use the Service after the updated Privacy Statement is posted on the Service. If at any point you do not agree to any portion of the Privacy Statement then in effect, you must immediately stop using the Service.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Statement, please contact us through the Contact Us form on the Service, at hello@upfund.io, or postal address at Attn: Compliance Department, 5800 3rd St, San Francisco, CA 94124.