Upland Software, Inc.
Valid from 05/22/2018
Upland Software, Inc. and its affiliates, including InterFax Communications Limited (collectively, ” Upland “, ” we ” or ” our “) respect your privacy and are committed to protecting your personal information.
Upland is responsible for compliance with the EU General Data Protection Regulation (” GDPR “) and for its websites.
Collection of Personal Information
We collect personal information in the following ways:
- Information You Provide to Us
You can provide your personal information such as name, email address, postal address and telephone number by filling in forms or consenting by post, telephone, email or other means. You may also provide personal information when inquiring about our services, subscribing to publications, requesting marketing materials or communications, accessing the Upland Community Portal, and when registering for and/or attending an event (e.g., an Upland-sponsored or event hosted or a third party event at which Upland is exhibiting).
We also collect personal information when you make inquiries (online or offline) to access a platform and to receive support from us. These are necessary to answer these requests, to grant you access to the platform, to support you and to be able to contact you.
- Information we collect on behalf of our customers
Upland collects personal data on behalf of and under the instructions of our customers (” Customers “) that we process as processors (or sub-processors) for our customers. Note that Upland collects information on behalf of its customers when using the Platforms and has no direct relationship with individual end users whose personal information is processed.
Our customers request information about the services they offer. This information may include personal information such as name, address, contact information, gender, date of birth, unique identifiers such as social security number, employee identification numbers, and employee records applicable to the services provided to you.
You can log in to some of our platforms by logging in through our customers’ websites. These services authenticate your identity and provide you with the opportunity to provide us with certain personally identifiable information, such as your name and email address, in order to pre-populate our registration forms.
- Information we collect about your use of our Services
As is usual with most websites, we automatically collect technical information about your computer when you visit our websites or access our platforms. This information includes your IP address, browser type, internet service provider, referring/exit pages, operating system and general geographic location (we do not collect precise geographic locations). We collect device identifiers such as system and performance information when you download or use our platforms.
We may combine this automatically collected technical information with other personal information we collect about you. We do this to improve our marketing and analytics.
Use of Personal Information
We use personal information to:
- Providing, maintaining, improving and protecting the websites and platforms
- Resolving technical issues and responding to customer service requests
- Development of new products and services
- Confirmation of your identity, accounts and activities
- Monitoring suspicious or fraudulent activity and identifying violations of our Terms
- Providing you with customized services
- Sending you requested product or service information
- Sending a newsletter and/or marketing emails
We use mobile analytics software to enable us to better understand the functionality of our platforms on your phone. This software may record information such as platform usage, events within the platform, aggregate usage, performance data and platform download. We do not link the information we store within the analytics software to any personal information you submit within the platform.
In some cases, you can log in to our websites using sign-in services such as Facebook Connect or an Open ID provider. These services authenticate your identity and offer you the option to share certain personal information with us, such as your name and email address, in order to pre-populate our registration form. Services such as Facebook Connect offer you the opportunity to post information about your activities on our websites on your profile page in order to share it with other people in your network.
If you no longer wish to receive our newsletter or marketing emails, you can unsubscribe directly using the unsubscribe instructions in the emails or by contacting us at firstname.lastname@example.org .
If you are a customer and would like to update your account, please contact us at email@example.com .
If you are a customer of one of our customers and no longer wish to be contacted by one of our customers using our service, please contact the customer with whom you interact directly. We may share personal information with companies that help us provide our platforms or other services. Transfers to subsequent third parties are subject to the terms of the service contracts we have in place with our customers.
We use your Personal Information to send transactional email messages, including confirming your purchases, reminding you when subscriptions are expiring, responding to your comments, questions, and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages . We also send you communications about a specific platform to help you use it better. These communications are a fundamental part of our Services and in most cases you cannot opt out of them.
We may share your personal information with third parties who act on our behalf or who assist us in providing services to you, such as data storage, maintenance services, hosting services, database management, web analytics and payment processing service providers. We do not allow these third parties to use your personal information for their own purposes. We only allow them to process your personal information for specific purposes and in accordance with our instructions.
Disclosure of Your Information
We may also disclose your personal information:
- as required by law to comply with a subpoena or similar process;
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a governmental request;
- if any of Upland’s subsidiaries or group companies is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our websites of any change in ownership or use of your personal data and any choices you can make regarding your personal data; and
- to other third parties with your prior consent.
- in certain situations, we may be required to disclose personal information at the request of public authorities to comply with national security or law enforcement requirements.
Cookies and Other Tracking Technologies
Technologies such as cookies, beacons, tags and scripts are used by Upland and our marketing partners, affiliates, analysts and business support service providers. These technologies are used to analyze trends, administer our websites, track user movements around our websites, and gather demographic information about our user base as a whole. We receive reports based on the use of these technologies by our marketing partners, affiliates, analytics, hosting service providers and other business support service providers on both an individual and aggregated basis.
We use Local Storage Objects (LSOs) such as HTML5 and Flash to store content information and settings. Third parties with whom we work to provide certain features on our websites, or to display advertisements based on your web browsing activity, use LSOs such as HTML 5 and Flash to collect and store information. Different browsers may provide their own management tools for removing HTML5 LSOs. To manage Flash LSOs, please click on the link below.
Customer testimonials, comments and ratings
We post customer testimonials, comments and ratings on our websites, which may contain personal information. We only publish the recommendation and the name of the person making the recommendation with their written (email) consent. If you wish to change or delete your recommendation, you can contact us at firstname.lastname@example.org .
Our websites also offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected and used by others who access them. Contact us at email@example.com to have your personal information removed from our blog or community forum. In some cases we may not be able to delete your personal information. In this case we will let you know if this is not possible and why.
Links to other websites
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Sensitive information such as username and password used during login is transmitted over the Internet using SSL (Secure Socket Layer) / TLS (Transport Layer Security) encryption.
However, no method of transmission over the Internet or method of electronic storage is 100% secure. For this reason, while we strive to protect your information, we cannot guarantee absolute security.
If you have any questions about security on our websites or platforms, you can contact us at firstname.lastname@example.org .
Updating/Accessing/Modifying/Correcting Personal Data
- Information You Provide to Us
If your personal information changes or you no longer desire our service, you may, in certain circumstances, correct, update, modify, delete, remove or disable it by making the change within your specific application instance, emailing us at privacy@ uplandsoftware.com or contact us by post using the contact information below. We will respond to your request promptly and within one month of receiving your request.
We will retain your information for as long as your account is active or as necessary to provide your services. We will retain and use your information to comply with our legal obligations, resolve disputes, and enforce our agreements.
- Information we collect on behalf of our customers
As Upland has no direct relationship with the individuals whose personal data is being processed, anyone wishing to correct, amend or delete such data should address their request to Upland’s customers (the data controller). If the customer asks us to remove the data, we will try to respond to the request within one month.
- increase in response time
The above one-month period can be extended by a further two months if necessary, taking into account the complexity and number of individual requests. If possible, we will inform you within one month of receipt of the request and explain the reasons for the delay.
We will retain personal information that we process on behalf of our customers for as long as is necessary to provide services to our customers. We will retain and use your information to comply with our legal obligations, resolve disputes, and enforce our agreements.
Data Protection Rights of EU Citizens
We only collect and process personal data from EU residents where we have a legal basis to do so under applicable data protection laws, including the GDPR. The legal basis depends on the purpose for which we process your personal data. This means that we only collect and use your personal data where:
- we need them to provide services to you, including to operate the Websites and Platforms, provide customer support and personalized features, and to protect the security of the Websites and Platforms;
- the collection and use serves a legitimate interest (not overridden by your rights and interests), such as for research and development, marketing and promotion of the Platforms and other Services and protecting our rights and interests;
- you agree to do so for a specific purpose; or
- we need to process your personal data to comply with a legal obligation.
If you have consented to the use of your personal information for a specific purpose, you have the right to change your mind at any time. Where we use your personal information because we or our customer have a legitimate interest in doing so, you have the right to object to that use; In some cases, however, your objection may result in your inability to use some or all of the Platform’s features.
We may use your email address to send you newsletters or marketing emails. We will ask for your consent in accordance with applicable law when you first provide your personal information. You can also unsubscribe by following the unsubscribe instructions in these emails, or you can contact us at email@example.com .
As mentioned above, you have rights under the GDPR in relation to your personal data in certain circumstances. These data protection rights do not apply to Upland, where we use personal data as a data processor on behalf of our customers. In this case, any request to exercise EU data protection rights should be addressed to Upland’s customers (the controller).
- Request access to your personal data. You have the right to request access to personal data we hold about you and related information; including the purposes for processing the personal information, the recipients or groups of recipients with whom the personal information has been shared, the period for which the personal information will be stored, the source of the personal information, and the existence of automated decision-making.
- Request correction of your personal data. You have the right to request rectification of any inaccurate personal information we hold about you without undue delay.
- Request the deletion of your personal data. You have the right to request that personal information about you be erased.
- Request the restriction of the processing of your personal data. You have the right to prevent or restrict the processing of your personal data.
- Request the transmission of your personal data. You have the right to request the transfer of personal data directly to third parties, if this is technically possible.
If you feel that we have not complied with our obligation under this privacy notice or European data protection law, you have the right to lodge a complaint with an EU data protection authority.
The contact details of the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
Privacy Shield Framework
Upland Software Inc. complies with the US Department of Commerce’s EU-US Privacy Shield Framework and the US Department of Commerce’s Swiss-US Privacy Shield Framework regarding the collection, use, and retention of personal information from European Union member states and Switzerland that comply with the Privacy Shield Framework in transferred to the United States. Upland has certified that it complies with the Privacy Shield Principles with respect to such data. If there is a conflict between the policies in this privacy notice and the rights of data subjects under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program and to view our certification page, please visit https://www.privacyshield.gov/
With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Upland is subject to the regulatory enforcement powers of the United States Federal Trade Commission.
Under the Privacy Shield Framework, EU and Swiss citizens have the right to obtain confirmation as to whether we hold personal information about them in the United States of America. Upon request, you will be given access to the personal information we hold about you. You can also correct, amend or delete the personal information we hold about you. Any individual wishing to access, correct, amend or delete inaccurate data that has been transferred to the United States pursuant to the Privacy Shield should direct their request to firstname.lastname@example.org . We will respond to data erasure requests within a reasonable timeframe.
Before we disclose your information to any third party who is not our agent, or before we disclose it for any purpose other than that for which it was originally collected or later authorized, we will provide an individual opt-out or opt-in offer choice. To limit the use and disclosure of your personal information, please submit a written request to email@example.com .
Upland’s responsibility for personal information received in the United States in accordance with the Privacy Shield and subsequently transferred to third parties is described in the Privacy Shield Principles. In particular, under the Privacy Shield Principles, Upland remains responsible and liable if third-party agents engaged to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Upland proves that it is not responsible for the event that caused the damage.
In compliance with the Privacy Shield Principles, Upland commits to resolve complaints about your privacy, our collection or uses of your personal information that has been transferred to the United States under the Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Upland by email at firstname.lastname@example.org .
Upland Software Inc. is also committed to refer unresolved privacy complaints to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus, in accordance with the Privacy Shield Principles. If you do not receive timely acknowledgment of your complaint, or your complaint is not addressed satisfactorily, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided to you free of charge.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain circumstances, you may invoke binding arbitration for some residual claims that have not been resolved by other legal protection mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
questions and contact
If you have any questions about our use of your personal information, or if you would like to access, correct, or delete your personal information, please contact us at email@example.com . You can also write to us at: Upland Software, Inc., 401 Congress Avenue, Suite 1850, Austin, Texas 78701, USA.