Privacy

Upland Software, Inc.

Effective on May 22, 2018

Upland Software, Inc. and its subsidiaries (together, “Upland”, “we” or “our”) respect your privacy and are committed to protecting your personal information.

This privacy statement describes how Upland collects and uses personal information we collect when you visit our websites, including uplandsoftware.com (“Sites”), use the platform products and services owned and operated by Upland (“Platforms”) or otherwise interact with us online. This privacy statement describes the options available to you regarding our use of your personal information and how you can access and modify this information.

The term “personal information” as used in this privacy statement shall mean any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to you.

For the purposes of the EU General Data Protection Regulation 2016 (the “GDPR”), Upland Software, Inc. is the controller and responsible for its Sites.

If you have questions or complaints regarding our privacy statement or practices, please contact us at privacy@uplandsoftware.com.

Collection of Personal Information

We collect personal information in the following ways:

  • Information you provide to us

You may provide your personal information, such as name, email address, mailing address and phone number by filling in forms or by corresponding with us by post, phone, email or otherwise. You may also provide personal information when you inquire about our Services, subscribe to publications, request marketing materials or communications to be sent to you, access the Upland Community portal, and when you register for and/or attend an event (e.g. an Upland sponsored or hosted event or a third-party event where Upland exhibits).

Furthermore, when you contact us (online or offline) in connection with a request for information, to access a Platform, and to provide you with support, we collect personal information necessary to fulfill your request, to grant you access to the Platform, to provide you with support, and to be able to contact you.

  • Information we collect on behalf of our Clients

Upland collects personal information on behalf and under the instructions of our customers (“Clients”), which we will process as a processor (or sub-processor) on our Clients’ behalf. Note that when you are using the Platforms, Upland collects information under the direction of its Clients, and has no direct relationship with individual end-users whose personal information it processes.

Our Clients request information related to the services they provide you. This information can 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, as applicable to the services provided to you.

You can log in to some of our Platforms by using sign-in services through our Clients’ websites.  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 forms.

  • Information we collect about your use of our Services

As is true of most websites, we automatically gather technical information about your computer when you visit our Sites or access our Platforms. This information includes your IP address, browser type, internet service provider, referring/exit pages, operating system and general geo location (we do not collect precise geo location). We collect device identifiers such as system and performance information when you download and use our Platforms.

We may combine this automatically collected technical information with other personal information we collect about you.  We do this to improve marketing and analytics.

Use of Personal Information

We use personal information to:

  • Provide, maintain, improve, and protect the Sites and Platforms
  • Resolve technical issues, and respond to customer service requests
  • Develop new products and services
  • Confirm your identity, verify accounts and activity
  • Monitor suspicious or fraudulent activity and to identify violations of our terms
  • Provide more tailored services to you
  • Send you requested product or service information
  • Send you a newsletter and/or marketing emails

We use mobile analytics software to allow us to better understand the functionality of our Platforms on your phone.  This software may record information such as how often you use the Platform, the events that occur within the Platform, aggregated usage, performance data, and where the Platform was downloaded from.  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 Sites 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 signup form.  Services like Facebook Connect give you the option to post information about your activities on our Sites to your profile page to share with others within your network.

Choice/Opt-Out

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at privacy@uplandsoftware.com.

If you are a Client and would like to update your account, please contact us at privacy@uplandsoftware.com.

If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client with whom you interact directly.  We may transfer personal information to companies that help us provide our Platforms or other services.  Transfers to subsequent third parties are covered by the terms of the service agreements we have in place with our Clients.

We use your personal information to send transactional communications via email, including confirming your purchases, reminding you of subscription expirations, 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 as you onboard to a particular Platform to help you become more proficient in using that Platform.  These communications are fundamental elements of our services and in most cases, you cannot opt out of them.

Information Sharing

We will share your personal information with third parties only in the ways that are described in this privacy statement.  We do not sell your personal information to third parties.

We may provide your personal information to third parties who are acting on our behalf or assist us in providing services to you, such as data storage, maintenance services, hosting services, database management, web analytics and payment processing providers.  We do not allow these third parties 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.

Such third parties are subject to this privacy statement in addition to certain contractual obligations with respect to the use of your personal information. Notwithstanding such legal and contractual obligations between Upland and such third parties, Upland remains potentially liable for any misuse of personal information by such third parties.

All information provided to our Clients using our Platforms is controlled by our Clients. Please refer to their privacy statement on how the information provided is shared with others.

We may also disclose your personal information:

  • as required by law such as to comply with a subpoena or similar legal 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 government request;
  • if one of the Upland affiliates 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 Sites of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information; and
  • to any other third-party with your prior consent to do so.

Cookies and Other Tracking Technologies

Technologies such as cookies, beacons, tags, and scripts are used by Upland and our marketing partners, affiliates, analytics, and business support service providers.  These technologies are used in analyzing trends, administering our Sites, tracking users’ movements on our Sites, and to gather demographic information about our user base as a whole.  We may 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 an individual as well as aggregated basis.

We use Local Storage Objects (LSOs) such as HTML5 and Flash to store content information and preferences.  Third parties with whom we partner to provide certain features on our Sites or to display advertising based upon your web browsing activity use LSOs, such as HTML 5 and Flash, to collect and store information.  Various browsers may offer their own management tools for removing HTML5 LSOs.  To manage Flash LSOs, please click the link below.

http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html

Customer Testimonials, Comments and Review

We post customer testimonials, comments, and reviews on our Sites, which may contain personal information.  We will obtain your consent via email prior to posting the testimonial and the name of the person providing the testimonial.  If you wish to change or delete your testimonial, you can contact us at privacy@uplandsoftware.com.

Our Sites also offers 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.  To request removal of your personal information from our blog or community forum, contact us at privacy@uplandsoftware.com.  In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Links to Other Websites

Our Site includes links to other websites whose privacy practices may differ from those of Upland.  If you submit personal information to any of those sites, your information is governed by their privacy statements.  We encourage you to carefully read the privacy statement of any website you visit.

Our Sites include Social Media Features, such as the Facebook Like button and Widgets, the Share this button, or interactive mini-programs that run on our Sites.  These features may collect personal information, including your IP address and which page you are visiting on our website, and will set a cookie to enable the feature to function properly.  Social Media Features and Widgets are either hosted by a third-party or hosted directly on our Sites.  Your interactions with these features are governed by the privacy statement of the company providing it.

Security

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 user name and password used during log-in, is transmitted over the Internet by using Secure Socket Layer (SSL) / Transport Layer Security (TLS) encryption.

However, no method of transmission over the Internet and no method of electronic storage are 100% secure.  Therefore, while best efforts are made to secure your data, we cannot guarantee absolute security.

If you have any questions about security on our Sites or Platforms, you can contact us at privacy@uplandsoftware.com.

For additional security information, please click the link below.

https://uplandsoftware.com/security/

Updating/Accessing/Amending/Correcting Personal Information

  • Information you provide to us

If your personal information changes or you no longer desire our service, in certain circumstances you may correct, update, amend, delete, remove, or deactivate it by making the change within your specific application instance, by emailing our Customer Support at privacy@uplandsoftware.com, or by contacting us by postal mail at the address listed below.  We will respond to your request without undue delay and within one month of receipt of your request.

We will retain your information for as long as your account is active or as needed to provide you services.  We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  • Information we collect on behalf of our Clients

Since Upland has no direct relationship with the individuals whose personal information it processes, an individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his or her query to Upland’s Client (the data controller).  If the Client requests us to remove the data, we will seek to respond to the request within one month.

  • Extension to response time

The one month periods referred to above may be extended by two further months where necessary, taking into account the complexity and number of requests from the individual.  We shall inform you, where possible, within one month of receipt of the request, together with the reasons for the delay.

We will retain personal information that we process on behalf of our Clients for as long as needed to provide services to our Clients.  We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Privacy Rights of EU Residents

With respect to EU residents only, we collect and process personal information about you only where we have a legal basis for doing so under applicable data protection law, including under the GDPR.  The legal basis will depend on the purpose for which we process your personal information. This means we collect and use your personal information only where:

  • We need it to provide services to you, including to operate the Sites and Platforms, provide customer support and personalized features, and protect the safety and security of the Sites and Platforms;
  • The collection and use satisfy a legitimate interest (which are not overridden by your rights and interests), such as for research and development, marketing and promotion of the Platforms and other services, and protection of our legal rights and interests;
  • You give us consent to do so for a specific purpose; or
  • We need to process your personal information to comply with a legal obligation.

If you have consented to our use of your personal information for a specific purpose, you have the right to change your mind at any time. Where we are using your personal information because we or our Client have a legitimate interest to do so, you have the right to object to that use; however, in some cases, your objection may result in your inability to use some or all features and functionality of the Platform.

We may use your email address to send you newsletter or marketing emails. We will ask for your consent in line with the applicable law when you first provide your personal information. Also, you can opt out by following the unsubscribe instructions included in those emails, or you can contact us at privacy@uplandsoftware.com.

As stated above, in certain circumstances, you have rights under the GDPR in relation to your personal information. These data protection rights do not apply to Upland where we process personal information as a data processor on behalf of our Clients. Where this is the case, any request to exercise EU data protection rights should be directed to Upland’s Client (the data controller).

  • Request access to your personal information. You may have the right to request access to any personal information we hold about you as well as related information, including the purposes for processing the personal information, the recipients or categories of recipients with whom the personal information has been shared, where possible, the period for which the personal information will be stored, the source of the personal information, and the existence of any automated decision making.
  • Request correction of your personal information. You may have the right to obtain without undue delay the rectification of any inaccurate personal information we hold about you.
  • Request erasure of your personal information. You may have the right to request that personal information held about you is deleted.
  • Request restriction of processing your personal information. You may have the right to prevent or restrict processing of your personal information.
  • Request transfer of your personal information. You may have the right to request transfer of personal information directly to a third party where this is technically feasible.

Where you believe that we have not complied with our obligation under this privacy statement or European data protection law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office.

Notification of Privacy Statement Changes

We may update this privacy statement from time to time to reflect changes to our information practices. When we do, we will also revise the “effective date” at the beginning of the privacy statement. If we make any material changes, we will notify you one of the following means: posting a notice on this Site, posting a notice in the Upland Community portal, or emailing you (sent to the e-mail address specified in your account, if applicable). We encourage you to review this privacy statement periodically to stay informed on our privacy practices.

Questions and Contact

If you have any questions about how your personal information is used, or if you want to access, correct, or remove your personal information, please contact us at privacy@uplandsoftware.com. You may also write to us at: Upland Software, Inc., 401 Congress Avenue, Suite 1850, Austin, Texas 78701.