Our Policy:

Welcome to Upside! Upside Services, Inc. (“Upside”, “we”, “us” and/or “our”) operates the website (https://www.upside.com) (the “Site”), our iOS and Android mobile application and related services (collectively, the “Services”) to our Service visitors (“you”, “your”). This Privacy Policy sets forth Upside’s policy with respect to the collection of personal data (including as defined under the California Privacy Rights Act and Virginia Consumer Data Protection Act) (collectively, “Personal Data”) from visitors to the Site and Services.

In addition, your access to and use of the Services is subject to the Terms of Service available here, which may be updated by Upside from time to time.

By using the Services and voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy.  Our Services are intended for individuals in the United States only.  If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Upside and the authorized third parties referred to herein located in the United States.

Information We Collect:

When you interact with us through the Services, we collect Personal Data and other data from and about you in order to provide the Services (for example, to provide you with the opportunity to earn Cash Back rewards).

Personal Data That You Provide Through the Services: We collect Personal Data from you when you use the Services and voluntarily provide such information, such as when you create an Upside account or upload an image of a receipt to claim a rewards offer. This Personal Data may include:

• Your email address and password, if you create an Upside account. We use this information to provide you with the Services, including to redeem your offers, communicate with you, and provide you with account security.
• A unique social media identifier, and possibly your name and/or email address, if you log in to the Upside application using a social media account. We use this information to provide you with account security and to communicate with you.
• A device identifier associated with your mobile device. We use this information to monitor your account for fraudulent activity.
• Your history of Upside use, including transaction timestamps, site identifiers, transaction totals, Cash Back rewards earned, and the first six and last four digits of any credit cards used, if you use our Services and generate Cash Back rewards offers. We use this information to provide personalized Cash Back rewards offers to you in the future.
• Images of your credit card receipts from transactions at Upside merchant partners, if you upload these images to the Services to claim Cash Back rewards offers. Depending on the merchant, such receipts may include additional Personal Data, such your full name or date of birth. We use the transaction information contained on these receipts to verify your claims for Cash Back rewards offers and to update your history of Upside offers. As discussed herein, we engage a third party provider, Amazon Web Services, to provide cloud storage where we store these images.
• The first six and last four digits of any credit cards or debit cards you input into your Upside wallet, if you choose to use this feature for receiptless transactions. We use this information to verify your claims for Cash Back rewards offers and to enable receiptless check-in at certain partner merchant sites.
• Geolocation information, if you enable location services on your mobile device. We use this information to verify your claims for Cash Back rewards offers and to notify you when you are near to one of our merchant partners.
• A record of your touch screen interactions with the user interface for our Services (excluding data that you may input). We use this information to identify design problems with our user interface and to provide a better user experience.
• A list of your contacts, including names and email addresses, if you upload individuals contacts in order to make referrals and generate referral bonuses. We use this information to offer our Services to individual contacts you designate, including referral bonuses.
• The name of your financial institution(s) and the last four digits of your bank account number(s), if you choose to ‘cash out’ your Upside account by receiving a direct transfer to your bank account. We use this information to help distribute Cash Back rewards you have redeemed.
• Your PayPal login email address, if you choose to ‘cash out’ your Upside account by receiving a direct transfer to your PayPal account. We use this information to help distribute Cash Back rewards you have redeemed.
• For a small subset of users, we may collect additional categories of Personal Data that those users voluntarily provide to us while using the Services. For example, a user may provide contact information such as an email address, mobile phone number, or mailing address while interacting with customer support or entering an Upside sweepstakes. A user may provide a name, mailing address, and social security number for tax reporting purposes.  A user may provide a state of residence when submitting a privacy request.
• In addition to these categories of Personal Data collected by Upside, Upside creates and assigns a unique user identifier (Upside UUID) to every Upside account at the time of creation..

Third Party Payment Processing. For some functionality, Upside relies on third party service providers to collect and process Personal Data from users directly, which may include through use of an application programming interface (API) on the mobile application.

• Users who add a credit or debit card to their Upside wallets or utilize the Pay with Upside feature are prompted to input their name, full credit card or debit card number, expiration date, CVC code, and zip code associated with their billing address.  This information is collected by a third party partner, Stripe, Inc., and is not shared with Upside. As outlined above, Upside only collects (through Stripe) the first six and last four digits of any card inputted through Stripe’s API. Stripe uses the Personal Data collected to validate your credit card or debit card and to initiate charges that you authorize. Stripe’s Privacy Policy is accessible here. Users who wish to exercise their rights regarding Personal Data collected by Stripe should contact Stripe directly.
• Users who ‘cash out’ their Upside account by receiving a direct transfer to their bank accounts are prompted to log in to an online bank portal. This online portal is provided by Plaid, Inc., which shares no information with Upside but provides your full name, email address, the name of your financial institution, and your full bank account number to Dwolla, Inc. As outlined above, Upside only collects (through Dwolla) the name of your financial institution and the last four digits of your bank account number.  Dwolla uses the Personal Data collected to originate credit transfers to your bank account(s) that you select in the mobile application. Plaid’s Privacy Policy is accessible here. Dwolla’s Privacy Policy is accessible here. Users who wish to exercise their rights regarding Personal Data collected by Plaid or Dwolla should contact Plaid or Dwolla directly.

Data We Receive From Merchants.  Merchants who participate on the Upside platform share with Upside anonymous transaction-level data collected from their customers. When you claim a Cash Back rewards offer through Upside, Upside uses Personal Data that you have shared with Upside, such as the time you claimed the offer and your geolocation data, to locate and verify the transaction in the data feed received from the participating merchant and to identify your purchase history with that merchant. By creating an Upside account and using the Services, you authorize Upside to use your Personal Data to perform this data matching and identify your purchase history.

Methods of Automated Data Collection:‍

In operating the Services, we may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Services gives to your mobile browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features.

We may also collect information related to your use of the Services (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, when and how often you use the mobile application, 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 and other statistics. We use this data to analyze how our users are using the Services and how we can improve and increase the functionality of the Services.

Our Use of Your Personal Data and Other Data:

Upside uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Upside and its agents and service providers may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services. Upside may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. If at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

In addition, Upside conducts research on its customer demographics, interests and behavior based on the Personal Data and other data provided to us, in order to better understand and serve the users of the Services. This research may be compiled and analyzed on an aggregate basis. Upside may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.

If Upside intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Data:

Upside is not in the business of selling or sharing information that we collect. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may provide your Personal Data to certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Agents, Consultants and Service Providers: Upside, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such third party providers include advertising networks, data analytics providers, productivity application providers, cloud storage providers, customer service platforms, and personnel management vendors. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Upside may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or enable a third party partner to comply with a legal obligation, (ii) protect and defend the rights or property of Upside, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

For residents of California and Virginia, for the purposes of the California Privacy Rights Act and Virginia Consumer Data Protection Act respectively, we do not sell your Personal Data. For residents of California, for the purposes of the California Privacy Rights Act, we do not share your Personal Data. For residents of Virginia, for the purposes of the Virginia Consumer Data Protection Act, we do not use your Personal Data to engage in targeted advertising. To the extent that Upside collects Personal Data that constitutes “sensitive personal information” or “sensitive personal data” as those terms are defined under California or Virginia law, Upside limits the use of such Personal Data only to the uses necessarily to perform the Services. Please note that we may share Personal Data in connection with a Business Transfer, as described above.

Your Choices:

You can visit the Site without providing any Personal Data. If you wish to use the Services, it is necessary to provide certain Personal Data such a login information to create an account and transaction information to accept Cash Back rewards offers. As outlined above, certain Personal Data is integral to enabling certain features of the Services.

If you choose not to provide certain Personal Data, you may not be able to use all features of the Services. This includes referral bonuses that Upside offers in exchange for sharing your personal contacts so that Upside can offer its Services to other users.

Exercising Your Rights Regarding Your Personal Data:

We may offer you choices that affect how we handle the Personal Data that we control.  Consistent with the laws that may apply to your place of residence, you may request the following in relation to your Personal Data:

Information: You may request information about how we have collected and used your Personal Data. We have made this information available to you without having to request it by including it in this Privacy Policy.

‍Access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

‍Withdrawal of Consent: In circumstances where you have provided your consent to the collection, processing and transfer of your Personal Data for a specific purpose, you have the right to withdraw consent for that specific processing at any time.

‍Objection/Restriction: You may also ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest its accuracy or object to us processing it. If you exercise your rights, we will respect your decision in accordance with our legal obligations.

‍Correction: You may request the correction of Personal Data that is inaccurate or out of date.

‍Deletion: You may request the deletion of Personal Data that we no longer need to provide the Services or for other lawful purposes.

Upside will not discriminate against you for exercising either of these rights. However, a request to delete your Personal Data will include the deletion of your login credentials, and thus your Upside account, which will prevent you from continuing to use the Services.

To exercise your rights regarding your Personal Data, the following methods are available:

• From a mobile device with the Upside application installed, click this link;
• Access the Help Center in the Upside application and select “Submit a Privacy Request,” under the “Consumer Privacy” heading; or
• Email privacy@upside.com with the subject line PRIVACY REQUEST. Please indicate in the text of the email whether you are requesting the disclosure and/or deletion of Personal Data and your state of residence.

In addition, to process or request the correction of your Personal Data, the following method is available:

• From a mobile device with the Upside application installed, click on your user Profile (then press edit) or your Wallet (incorrect credit cards or debit cards may be deleted by swiping left).

If you submit a privacy request, Upside will endeavor to verify and complete your request in a timely fashion, including within the legally required response time or less. Upside may require additional information from you for verification purposes. In accordance with applicable law, Upside will require you to re-enter your login credentials in the mobile application prior to our handling of your request regarding your Personal Data. If we cannot verify your identity, we will not process your request regarding your Personal Data.

Where permitted by applicable laws and regulations, you may also submit a request regarding your Personal Data through an authorized agent. If you do so, the agent must present signed written permission from you to act on your behalf and you may also be required to independently verify your identity with us.

Children:

Upside prohibits the use of the Services by anyone under the age of 16 years. Accordingly, we do not knowingly collect Personal Data from children under the age of 16. If you are under the age of 16, you may not create an Upside account or submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet and mobile device usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 16 has created an Upside account or provided Personal Data to Upside through the Services, please contact us, and we will endeavor to delete that account and/or information.

Exclusions:

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by Upside (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Upside endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Integrating Social Networking Services:

One of the special features of the Service is that it allows you to enable or log in to the Services via various social networking services like Google, Facebook or Twitter (“Social Networking Service(s)”). By directly integrating these services, we make your online experiences richer and more personalized. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant Social Networking Service. When you add a Social Networking Services account to the Service or log into the Service using your Social Networking Services account, we will collect relevant information necessary to enable the Service to access that Social Networking Service and your data contained within that Social Networking Service. As part of such integration, the Social Networking Service will provide us with access to certain information that you have provided to the Social Networking Service, and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed by the policies of such third parties, and Upside shall have no liability or responsibility for the privacy practices or other actions of any Social Networking Services that may be enabled within the Service.

You may also have the option of posting your Services activities to Social Networking Services when you access content through the Services (for example, you may post to Facebook that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any Social Networking Services you have enabled will be able to view such activity.

Security:

Upside takes commercially reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Upside via the Internet.

Changes to Upside’s Privacy Policy:

The Services and our business may change from time to time. As a result, at times it may be necessary for Upside to make changes to this Privacy Policy. Upside reserves the right to update or modify this Privacy Policy at any time and from time to time, by sending a notice to you and other Service visitors and posting a notice on the Site. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after you receive notice of any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Contacting Upside:

Please also feel free to contact us if you have any questions about Upside’s Privacy Policy or the information practices of the Services, including if you need access to our Privacy Policy in a different format.

You may contact us as follows:

• Email support@upside.com; or
• Access the Help Center in the Upside application and click the blue pen icon in the upper right hand corner to initiate a conversation.