UPIC PRIVACY POLICY
Last Modified on February 28, 2019
Our Privacy Commitment
Upic, Inc. (“Upic,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of Upic’s website where this Privacy Policy is posted (the “Site”), the Upic mobile application (the “App”), and the services made available by Upic (collectively with the Site and the App, the “Service”). As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the Service how we use and protect the information we collect through the Service. By accessing the Site or using the Service, you consent to Upic’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Service and not to any other website that you may be able to access from the Service which may have its own data collection and use practices and policies.
This policy answers the following questions:
What information do we collect about you and how do we use it?
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. You do not need to submit personal information to access the Service generally. However, you may be required to submit personal information to access certain aspects of the Service. We may also collect non-personal information such as when you accessed the Service and from what location you access the Service. This information may be aggregated to measure the number of visits, average time spent, page views, locations the Services are most frequently used, and other statistics about users of the Service. We also may use this data to monitor the Service’s performance and to make the Service easier and more convenient to use.
We collect personal information when you create an account through the Service; receive customer or technical support; or participate in components of the Service through which users may post content.
To create an account for the Service, we require you to provide certain information, including your name, email address, birthdate, and a password or passcode. Additionally, you may provide information beyond what is required to create an account, including your full name, phone number and a profile photo, at your option, but such information may be required to utilize certain aspects of the Service. When utilizing certain aspects of the Service, you will also be required to provide certain payment information. No information of this type will be collected unless you have registered for aspects of the Service that require it.
By submitting personal information through the Service, you authorize Upic to share this personal information for the purposes identified herein, such as responding to user inquiries, processing transactions, distributing materials, and requesting feedback.
How We Use Your Personal Information
The personal information you provide to us will allow us and other users to communicate with you and provide the Service to you, depending on the aspects of the Service for which you register. This includes handling your customer service questions or issues; alerting you of new products, services, features, or enhancements to the Service; administering contests, promotions, or surveys; verifying your identity; processing orders; and requesting feedback. We may also use your email address as part of the Service in sending you messages about the Service and other general announcements. We keep track of your interactions with us, including, but not limited to, your activity within the Service. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with us, entities acting on our behalf, and relevant third parties such as those needed to collect and maintain our servers and perform technology and related services.
We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Service. 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 in providing 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, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any Service users.
Do Not Track
In compliance with California legislation, AB370, effective January 1, 2014, Upic’s practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Site are as follows: We honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, Upic may collect user information about your online activities over time and across different websites, or authorize third parties to do so.
Google Analytics
Upic uses third-party service providers such as Google Analytics to help us learn about who visits the Site and what pages are being viewed.
Cookies
“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 Site to allow us to provide information to make your online experience more convenient. For example, when you return to the Site after logging in, cookies provide information to the Site so that the Site will remember who you are on subsequent visits, speeding up or enhancing your experience of the Service by, for instance, tailoring content to you and keeping track of your login name and password. While Upic may use cookies to track your visit to the Site, this information does not identify you personally and you remain anonymous, even if you have previously submitted personal information to Upic through the Site or otherwise.
Third parties whose websites are accessible through links on the Site may also use their own cookies when you link to their site or service. Upic does not control these third parties’ use of cookies and cannot guarantee that they will uphold the same privacy standards as Upic. Upic expressly disclaims any and all liability related to the collection, use or disclosure of information by third parties. You should review the privacy policies of any third party sites that you visit through a link from the Site to understand how these third parties use cookies and the information they collect through cookies. Most cookies are “session cookies” which means that they are automatically deleted at the end of each session. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether or not to accept it. The Site is still accessible if cookies are disabled.
Log Information
Our servers automatically record information that your browser or mobile device sends whenever you visit the Site or use the Service. This information includes, among other things, your access times, and geographical location. We use this information to monitor and analyze how users use the Service, to provide customer service and to maintain and improve the Service. We may also collect similar information from emails we may send to you which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
Children’s Privacy
You must be at least 18 years old to obtain an account for the Service.
We do not knowingly collect personal information from children under 13, or allow them to create an account for the Service. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times.
Will We Share Your Personal Information with Third Parties?
Sharing Your Information
We use your personal information to provide the Service to you, deliver products and services you request, complete transactions, handle your customer service questions or issues, request feedback, and send communications to you about promotions, updates, or special offers from Upic that may be of interest to you. The personal information uploaded by you through the Service will be shared only with authorized persons to whom you specifically grant access or direct us to share with. We may also use your depersonalized personal information to provide analyses of our users in the aggregate (including Analytical Data subject to the terms of this Privacy Policy) to prospective partners and other third parties. We will also share the personal information we collect from you under the following circumstances, and you expressly authorize us to share your information as follows:
Service Providers. We may share your personal information with service providers (including our affiliates that provide services on our behalf and our partners that conduct background checks) that we engage for the purpose of processing information on our and your behalf. 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 parties to comply with this Privacy Policy and appropriate confidentiality and security measures.
Other Users. We may share, or make available, your personal information (including your name, email, phone number, and profile picture) with other users in order to enable user to user communication, assist hiring parties in identification of photographers at the time of service and to facilitate payment.
Protection of Rights. We 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 appropriate to enforce our Terms of Use for the Service, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (iv) such action is appropriate to protect the rights, property or safety of Upic, its employees, users of the Service or others.
Asset Transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Upic’s assets, 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, we will use reasonable means to notify you through email and/or a prominent notice on the Site and/or the App.
Additional Information You Should Know About Third Parties
The Service may contain direct links to websites operated by our partners and other entities. These third-party websites may collect information about you when you visit them or otherwise communicate with them. This Privacy Policy does not cover the information practices of third party websites linked to the Site or accessible through the Service. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.
What choices do you have about the collection and use of your personal information?
Control of Your Information
You may update or delete your personal information or modify your account preferences for the Service by accessing the account interface provided through the Service. Please note that if you disable your account, we will keep your contact information on file, and may retain other account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention.
Opting Out of Receiving Communications From Us
If you no longer want to receive our emails or other announcements, you may unsubscribe by using the “unsubscribe” link embedded at the bottom of our emails or by replying to the relevant emails you receive from us. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account.
Mediation
You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy, you and Upic 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 Los Angeles, 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 third-party servers which, to our knowledge, are located in secured facilities with restricted access and are protected by protocols and procedures designed to ensure the security of such information. We restrict access to personal information to Upic employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Service. All Upic personnel who have access to this information are trained in the maintenance and security of such information. Access to such personal information is minimized whenever possible. 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 use of 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.
In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.
Notice to California Residents
Residents of the State of California may request a list of all third parties to which our online service has disclosed certain Personal Information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at support@upicapp.com. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Notification of Changes
This Privacy Policy may change from time to time and we will post all changes on the Site and/or the App.
Questions? Contact Us
If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at support@upicapp.com.
Terms of Use
Please read the Terms of Use governing the use of the Site, the App and the Service.