Last updated: June 19, 2022
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Privacy Policy:
Upfolx and the Client shall comply with their respective obligations under the Data Protection Laws, and references to Data Controller , Data Processor and Personal Data herein shall be interpreted as having the meanings defined within the Data Protection Laws.
Unless otherwise agreed between the Parties, each of them shall be a separate and independent Controller in respect of its own processing of the Data in connection with this Agreement, and shall be solely responsible and liable for its own processing of the Personal Data including (without limitation) the lawful basis for that processing and ensuring that the Data is processed in compliance with the Data Protection Laws.
If and to the extent that Upfolx is a Data Processor in relation to any personal data collected under this Agreement, Upfolx shall comply with the applicable provisions of Data Protection Laws and a Data Processing Agreement may be put in place with the Client.
Each Party shall assist the other in complying with all applicable requirements of the Data Protection Laws. In particular, each Party shall:
(a) consult with the other Party about any notices given to data subjects in relation to the Personal Data. As, prior to the provision of the Services, Upfolx does not have a direct relationship with the data subject, and in each case where consent is the lawful basis for processing Personal Data, the Client shall be solely responsible for obtaining the specific, informed, unambiguous and freely given consent of each data subject for the processing of their Personal Data by or on behalf of Upfolx unless otherwise agreed between the Parties.
(b) promptly inform the other Party about the receipt of any data subject access request, where possible consult with the other Party before releasing any personal data in response to a data subject access request, and provide the other Party with reasonable assistance where required by the other Party to comply with any data subject access request;
(c) notify the other Party without undue delay on becoming aware of any breach of the Data Protection Laws or any personal data breach in respect of the Data and co-operate with the other Party in respect of any notification required to be made, any investigation into the breach and any measures necessary to remedy the breach or mitigate the damage or harm caused by the breach;
(d) provide any assistance reasonably required by the other Party in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Laws with respect to breach notifications and consultations with supervisory authorities or regulators;
(e) maintain complete and accurate records and information to demonstrate its compliance with the Data Protection Laws;
(f) have in place appropriate technical and organisational measures to ensure a level of security appropriate to the risks that are presented by the processing of the Personal Data, in particular protection against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or otherwise processed pursuant to this Agreement, including where appropriate data protection by default and/or by design measures; and
(g) provide the other Party where requested with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Laws in connection with this Agreement.
In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the Parties, the Parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.
The categories of Personal Data processed pursuant to this Agreement and the nature and purpose of the processing, duration and the categories of data subjects, are as described below in clause below and as may be updated from time to time.
The processing comprises of the following:
(a) Data subjects: the personal data transferred concern the following categories of data subjects: customers and clients (including their staff) and other individuals authorised by the customer to use the Service
(b) The purpose of the transfer: the processing is necessary to provide the Services pursuant to this Agreement and internal analytics used for its continuous improvement.
(c) Categories of data: the personal data transferred concern the following categories of data: personal details (including any information that identifies the data subject and their personal characteristics, including: name, address, contact details, age, date of birth, gender) employment details (including information relating to the employment of the data subject), goods or services provided and related information (including details of the goods or services supplied, licences issued, and contracts).
(d) Duration: The duration of the processing will be: until the earliest of (i) expiry/termination of this Agreement, or (ii) the date upon which processing is no longer necessary for the purposes of either Party performing its obligations under this Agreement (to the extent applicable) or under Data Protection Laws.
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. We use both Session and Persistent Cookies for the purposes set out below:
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
The Company may use Personal Data for the following purposes:
We may share Your personal information in the following situations:
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, You can contact us: