Privacy Policy

PRIVACY POLICY


Last updated June 15, 2020


Upness cares about your personal information and values your privacy. This privacy policy discusses the “personal information” that Upness obtains from you on Upness.com (the “Site”) and how we collect and use it. When we use the term “personal information” we are referring to information that is connected to your name. This may include things like your e mail address, mailing address, birthday, telephone number, when those pieces of data are stored with your name. Any information that is not connected to your name is not considered personal information.


This privacy policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Facebook, Twitter or YouTube, that information is governed by the privacy policies on those websites and is not governed by this policy.

By accessing and using the Site, you consent to the collection, maintenance and use of this information by us. If you do not agree to the terms of this policy and do not consent to the collection, use and maintenance of information as described in this policy, you should leave the Site immediately.



INFORMATION WE COLLECT


We collect your personal information because it helps us deliver a high level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. The personal information we collect may include the following: email address, mailing/billing address, phone number, payment card number, and other payment information. Collecting this information allows us to complete your order efficiently, to notify you of your order status, and provide personalized interactions. If we ask for such information from you, we will either tell you how we will use the information or we will use it in conformity with this privacy policy. 

We also collect information for market research purposes to gain a better understanding of our customers and can provide more valuable service.  We collect information regarding customer activities on our websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites, products, and Internet services are of most interest to you. 


We may collect information about you from third parties. Such information may include demographic data (like the number of members of your household, age, and gender) and purchase preference information. We may use this information to supplement or update our records, improve the quality or personalization of our communications to you, and help prevent or detect fraud. 


We automatically receive and store certain types of information when you interact with the Site, our emails, and/or our online advertisements. This information helps us to make the Site work more efficiently, evaluate use of the Site, and support our website analytics and marketing campaigns. 


The following are some of the types of information we may automatically receive: 


  • technical information like your internet protocol (IP) address;
  • your device operating system and browser type; 
  • your referring website's address; and 
  • your clickstream through the Site’s cookies that recognize you as you use or return to our Site. 



COOKIES

 

We also may collect certain information about your device or usage by automated means, including using technologies such as cookies, web beacons, clear pixels or pixel tags, web server logs or geo location technologies. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note that without cookies you may not be able to use all of the features of our website.

Cookies allow the Site to provide you a more continuous and personalized shopping experience. For instance, we use cookies to help us remember and process the items in your shopping cart. We collect engagement data from different devices and multiple sessions, so we can discover how you interact with our content over an extended period of time and deliver better content and digital experiences. 

Web beacons allow us to know what pages on our Site have been visited, what emails have been opened, and if our banner ads have been effective.

We also use cookies to help us compile aggregate data about Site traffic and Site interaction so that we can offer better site experiences and tools in the future. 

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. 

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly.



HOW WE USE THE INFORMATION


We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other Site features in the following ways: 


  • To personalize your Site experience and to allow us to deliver the type of content and product offerings in which you are most interested;  
  • To provide products that you have requested as well as for auditing, research, and analysis to improve Upness products; 
  • To allow us to better service you in responding to your customer service requests. To quickly process your transactions; and 
  • To administer a contest, promotion, survey or other Site feature.  

We may also use your personal information for other legitimate business purposes, including:


  • to detect and prevent fraud; 
  • to collect amounts owing to us and to maintain business records;
  •  to operate, evaluate and improve our business; 
    • developing new products and services; 
    • managing our communications; 
    • analyzing our products; 
    • performing data analytics; 
    • performing accounting, auditing and other internal functions; and 
    • comply with applicable legal requirements, relevant industry standards and our own policies.


HOW WE PROTECT YOUR INFORMATION


We implement a variety of security measures to maintain the safety of your personal information. We maintain appropriate administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss alteration, access disclosure or use. 


When you place orders or access your personal information, we use a secure server.  Upness works to protect your personal information and credit card detail when you shop with us online. We use Secure Sockets Layer (SSL) technology - the industry standard - to encrypt the personal information and credit card detail you provide during the order process. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above. 

We urge you to protect your own privacy. We recommend that you do not share your Site password(s) with anyone or in any unsolicited phone call or e-mail. While our Site strives to ensure the integrity and security of our network and systems, Upness cannot guarantee that our security measures will prevent third-party hackers from illegally obtaining this information.  


INFORMATION WE SHARE


We do not sell, trade, or otherwise transfer to third parties your personally identifiable information unless we provide you with advance notice, except as described below. 

The term "third parties" does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.  We may share de-identified aggregate information about our customers with advertisers and marketing partners.


We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets and that company may use and disclose personal information for purposes similar to what is described in this privacy policy.


Service Providers

We use third party partners to provide our e-commerce solution and to help operate the Sites and deliver our products and services. We may share your information with third party e-commerce solution partners, our affiliates, service providers and other third parties that provide products or services for or through the Sites or for our business (such as loyalty program or membership program service providers, site hosting or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, wireless device applications, or other similar service providers that use such information on our behalf). With respect to payment processing, we interface directly with our partner Radial, which then shares your information with payment providers (e.g., PayPal) for the purpose of processing payments. Radial does not use your information for any purpose other than payment processing. As required by law, all service providers have entered into legally binding agreements requiring them to (1) use personal information only as necessary to perform services on our behalf and (2) implement appropriate data security and confidentiality obligations, in accordance with applicable law.


TEXT/SMS MESSAGE CONSENT 

 

If you choose, you can provide your mobile phone number to receive text message alerts containing product and/or event information, products tips or promotions that may be sent using automated dialing systems (“Text Messages”). You agree that by providing your mobile phone number you expressly consent to receive automated marketing text messages from us to the mobile phone number provided. Consent is not required to purchase goods or services. Message and data rates will apply and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by texting STOP to the SMS number used by Upness to contact you.

We may share your mobile phone number with service providers with whom we contract to assist us with the above activities, but we will not share your mobile phone number with third parties for their own purposes without your consent. As Text Messages are distributed via third party mobile network providers, we cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient's mobile carrier, it may not be possible to transmit the Text Message to the recipient successfully; nor is content available on all carriers. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.


YOUR CHOICES


You have the ability to opt-in to receive our email newsletters after making a purchase on the Site. If you would no longer like to receive promotional e-mails from us, simply click the unsubscribe button at the bottom of all promotional emails. You can opt out from further Text Message communications by texting STOP to the SMS number used by Upness to contact you.


You may also choose not to receive Text Messages by emailing Privacy@upness.com and specifying that you no longer want to receive Text Messages.


To modify your e-mail subscriptions, please let us know by modifying your preferences in the "Customize Your Emails" page on the Site. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the "My Account" section of the Site and remove your shipping addresses, billing addresses & payment information. 
Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping. 


THIRD PARTY LINKS


In an attempt to provide you with increased value, we may include third party links on our Site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of the Site and welcome any feedback about these linked sites (including if a specific link does not work). 


WITHDRAWING CONSENT


You may withdraw any consent you previously provided to us, or object at any time on legitimate grounds to the processing of your personal information. We will apply your preferences going forward. In some circumstances, withdrawing your consent to use or disclose your personal information will mean that you cannot take advantage of some of our products or services.  


CHANGES TO OUR POLICY

 

This privacy policy may be updated periodically and without prior notice, to reflect changes in our practices. When we do, we will give you notice of the revised privacy policy by posting the revised privacy policy on the Site and by revising the “effective date” at the top of the policy. Policy changes will apply only to information collected after the date of the change.  

 

CALIFORNIA DO NOT TRACK NOTICE

 

Under California law, website and online operators are required to disclose how they respond to web browser “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about a consumer’s online activities over time and across third party websites.  We currently do not change our tracking practices in response to “do-not-track” signals or other similar mechanisms.


California law also requires website and online service operations to disclose whether third parties may collect personal information about their users’ online activities over time and across different sites when the users use the operator’s website or service. Third parties that have content or services on our site such as a social feature, analytics service or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. These third parties do not change their tracking practices in response to “do-not-track” signals from your web browser and do not obligate these parties to do so.


CALIFORNIA PRIVACY RIGHTS 

 

California law permits residents of California to request certain details about the personal information we have collected about you during the past twelve (12) months:

  • the categories and specific pieces of personal information we have collected about you;
  • the categories of sources from which we collected personal information about you;
  • the categories of personal information we disclosed about you for a business purpose;
  • the categories of personal information we sold about you (if any) and the categories of third parties to whom it was sold;
  • the business or commercial purpose for collecting or selling your personal information.

In addition, you have the right to request that we delete the personal information we have collected from you (subject to certain exceptions).

If you are a California resident and would like to make such a request, please send an email to privacy@upness.com with 'Request for California Privacy Information' in the subject line and in the body of your message. We will provide the requested information to you via an email response. We will take reasonable steps to verify your identity when processing your requests. 


This same request may be made by regular mail by sending a written communication containing the information above to: 

Upness, LLC
Attention: Privacy
19867 Prairie Street, Suite 300
Chatsworth, California 91311

QUESTIONS AND FEEDBACK


We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue to: privacy@upness.com.


TERMS OF USE


Please also visit our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of the Site.



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