Privacy Policy for App
At Joseph Technologies Choice Group Corp d/b/a Upliffting, we believe in connecting people through safe, affordable, and reliable transportation. Our mission is to make every ride stress-free, transparent, and secure. Trust is the foundation of our relationship with you, which is why we are committed to protecting your privacy and being transparent about how we collect, use, and share your information.
PRIVACY POLICY AS UPDATED ON ______________.
This Privacy Policy (“Policy”) outlines how Joseph Technologies Choice Group Corp d/b/a Upliffting (“Upliffting” or “Company” or “us” or “we” or “our“) and its affiliates collect, use, store, process, transfer, and disclose your information through our Upliffting mobile application (“App”) and our official website https://upliffting.com/, which primarily serves as an informational and download resource for the App (together referred to as the “Platform”). It applies to your interactions with and usage of our Platform, involving ride-sharing services, including safe flat-rate rides with emergency safety features, driver rebooking options, and shared rides for cost savings, along with any related services (the “Services”). By reviewing this Policy, you will gain a comprehensive understanding of your privacy rights and choices. For the purposes of this Policy, individuals who request and/or receive transportation through the Platform are referred to as “Customers,” and individuals who provide transportation through the Platform are referred to as “Drivers.” By reviewing this Policy, you will gain a comprehensive understanding of your privacy rights and choices.
Your access to or utilization of our Platform and/or Services operated by the Company linked to this Policy implies your agreement to be governed by this Policy. By providing us with your Personal Information, you expressly consent to the use and disclosure of your Personal Information as outlined in this Policy. This Policy, along with the Terms of Service is applicable to your use of the Services and you explicitly agree and acknowledge to read the Privacy Policy in conjunction with the Terms of Service.
The term “Personal Information” shall mean any information that relates to an identified or identifiable individual, and can include information that you provide to us and that we collect about you, such as when you engage with our Services (e.g. device information, IP address).
By utilizing the Services, engaging with the Company’s Platform, or furnishing your Personal Information, you explicitly agree and acknowledge that you accept the terms delineated in this Policy. The terms ‘You,’ ‘Your,’ or ‘User’ in the context of this Policy collectively pertain to any user of our Platform who creates Account(s), books or provides rides on our Platform, as well as visitors who browse our Platform without creating an Account. Additionally, third-party partners collaborating with us to provide Services fall under the scope of this Policy.
By visiting the Platform or providing your information, you expressly agree to be bound by this Privacy Policy and agree to be governed by the laws of the United States including but not limited to the laws applicable to data protection and privacy.
IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY, PLEASE REFRAIN FROM ACCESSING AND/OR USING OUR PLATFORM.
1. TO WHOM DOES THIS POLICY APPLY?
1. This Policy is inclusive and applies to all Users of our Platform, irrespective of their browsing intent or their extent of utilizing the Services offered on our Platform.
2. The applicability of this Policy extends to users regardless of the device type used for accessing our Platform, whether it be a laptop/desktop or a mobile/tablet device.
3. We do not knowingly collect or solicit Personal Information from anyone under the age of eighteen (18) or knowingly allow such persons to register for and/or utilize the Services. If you are under the age of eighteen (18), please do not attempt to register for the Services or send any information about yourself to us. No one under the age of eighteen (18) may provide any Personal Information to us.
2. WHAT IS THE INFORMATION THAT WE COLLECT FROM YOU?
1. To use our Platform, you need to create an account and register with us (“Account”) and for this purpose, we collect certain Personal Information. This may include but is not limited to the following:
1.1. Basic Informationou are required to provide basic information such as your First Name, Last Name, and, if applicable, Company Name. For Drivers, this may also include Driver’s License details, Vehicle Registration details, Vehicle Make, Model, Color, Year, License Plate Number, Insurance Information, as well as government-issued identifiers like Social Security Number, Driver’s License Number, State Identification Number, Passport Number, VAT Identification Number, Tax Identification Number, Immigration Status, and Citizenship Information;
1.2. Contact information: such as email address and mobile number;
1.3. Transaction data: including the details of the payment method such as credit or debit card number, and bank account information. If you are not an Upliffting user, we may receive payment information relating to you, such as when a Upliffting user provides your payment card to complete a booking;
1.4. Verification Data: We may collect information relevant to your use of our Platform and Services, such as a One-Time Password (OTP) sent at the time of account creation, log-in, and/or at the time of making payments. As part of our Know Your Customer (KYC) procedures for Drivers, we may collect information to authenticate your identity, which may include undergoing a verification process conducted online and submitting documents such as government-issued identification, proof of address, and driving credentials;
1.5. Location Data: We may collect precise or approximate location data from your device while the app is running in the foreground or background, to facilitate pickups, navigate trips, enable shared ride matching, and provide safety features;
1.6. Trip, Delivery, and Ride Information
1.6.1. We collect details about trips and deliveries you take or provide, including:
1.6.2. Pickup and drop-off addresses, date and time, trip/delivery distance and duration, fare details, and route information;
1.6.3. Earnings and aggregated statistics derived from past activity, such as averages, cancellation and acceptance rates, total trips/deliveries, and total miles traveled;
1.6.4. Driver rebooking activity and shared-ride participation.
1.7. Information about others: Such as a payment instrument or contact information belonging to another person, or information about another passenger for whom you have booked a ride or are arranging transportation.By providing us with Personal Information about others, you certify that you have permission to provide that information to Upliffting for the purposes described in this Privacy Policy, and that you have shared this Privacy Policy with them;
1.8. Sensory Information: Audio recordings if you call our customer service;
1.9. Additional Information: includes without limitation, when you fill in a form, add information to your Account, participate in promotions, communicate with the Upliffting support team and other users, import or manually enter address book contacts, provide your address and/or geolocation, or share your experience with us;
1.10. Communication with us: This can include any communication that you send to us, (phone or text messages) including communications for any inquiries, payments, technical support, etc;
1.11. Device Identification data: This includes information that may assist us in identifying your device, including login information, browser type and version, operating system, device identifiers, and mobile network information;
1.12. Other Data: This can include the following, based on your interaction with the Platform
1.12.1. Number of times you logged into your Account;
1.12.2. The length of time you spent on the Platform;
1.12.3. The period of time from which you became and have continued to be active on the Platform;
1.12.4. Other similar statistics we may collect with the intention to improve the user experience of the Platform
1.13. Personal Information collected from Third Parties: In certain specific situations, we will collect Personal Information about you from third parties. The types of Personal Information collected may include:
1.13.1. web data tracking information (e.g. heat maps developed through Google Analytics; which track patterns of user interactions with our web pages).
2. You agree to provide us with your Personal Information whenever you use our Services by performing any of the following functions:
2.1. Accessing our Platform by means of any web browser or any device;
2.2. Creating an Account and registering for our Services on the Platform;
2.3. Inquiring about our Services through our Platform;
2.4. Initiating and maintaining correspondence with us.
3. The Company provides you with the convenience of storing your payment methods on the Platform. By opting for this feature, you consent to the storage of your Personal Information, including your payment method.
4. We take extra precautions to ensure that such Personal Information is kept secure and confidential, and we will only retain this data for as long as necessary for the purposes for which we collect it as per the permissible laws of the land.
5. This Policy will not apply to any unsolicited information provided by you through the Platform or through any other means. This includes but is not limited to, information posted on any public areas of the Platform. All such unsolicited information shall be deemed to be non-confidential and we will be free to use and disclose such unsolicited information without limitation.
6. We shall not be liable for any loss or damage sustained by you as a result of any disclosure (inadvertent or otherwise) of any Personal Information concerning your Account, credit cards, or debit cards in the course of any online transactions or payments made for any Services offered through the Platform.For this purpose, we recommend that you go through the terms of service of the payment service provider, Stripe which can be found here Stripe’s Privacy Policy.
7. Access to your Personal Information is limited to employees, agents, partners, and third parties, who we reasonably believe will need that information to enable us to provide Services to you. However, we are not responsible for the confidentiality, security, or distribution of your own Personal Information by our partners and third parties (who have their own privacy policies) outside the scope of our agreement with such partners and third parties.
8. When you use our Platform, we collect and store your information which is provided by you from time to time. In general, you can browse the Platform without telling us who you are or revealing any Personal Information about yourself. Once you give us your Personal Information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service, product, or feature on the Platform.
3. HOW DO WE COLLECT THE INFORMATION?
1. We employ various methods to gather information, ensuring a comprehensive understanding of User interactions and preferences. The collection of Personal Information is facilitated through the following processes:
1.1. Information you give us: When you provide us with the information referred to in Clause 2.1 through the methods outlined in Clause 2.2;
1.2. Session Management: We study session metrics to understand how users interact with the Platform. This helps us learn the average time users spend on the Platform and when they prefer to engage. We use tools like Google Analytics (or alternatives) to collect anonymous data, including the number of views, how long users stay, and where they’re visiting from. This data allows us to optimize the User experience, making informed enhancements to cater to user preferences and behaviors. By using our Platform, you acknowledge that Google Analytics is a third-party service provider and that your use of our Platform is also subject to Google’s Terms of Service and Privacy Policy. You can learn more about how Google handles data at: https://policies.google.com/privacy;
1.3. User analytics: We analyze user behavior and preferences, by collecting and analyzing Personal Information and maintaining transaction history within the Platform to track and ensure accuracy, promptly identify any unauthorized transactions, and detect fraudulent activities, allowing us to take immediate corrective action
2. Data Collection and Storage: The data we collect through user analytics and session management, along with user information you provide, may be stored on secure servers provided by Amazon Web Services (AWS) or other similar cloud storage providers. AWS adheres to industry-recognized security standards to safeguard user information.
3. In addition to direct User interactions, we leverage cookies and similar technologies to enhance the functionality and User experience on the Platform. These allow us to collect and process additional information for various purposes:
3.1. Cookies: We utilize cookies, which are small text files stored on Users’ devices. These cookies assist in tracking user preferences, optimizing Platform functionality, and providing a customized experience. Users have the option to manage cookie preferences outlined through their browser settings. Below are the categories of cookies used on our Platform along with a description of what they are used for:
3.1.1. Strictly Necessary Cookies: These cookies are needed to run our Platform, to keep it secure if you are logged in, and to obey regulations that apply to us. If you are a registered User, they help us know who you are so that you can log in and manage your Account. They also help us keep your details safe and private;
3.1.2. Functional Cookies: These cookies are used for remembering things such as your user ID on the log-in page, your region or country, your preferred language, accessibility options like large font or high-contrast pages;
3.1.3. Performance Cookies: These cookies tell us how you and our other users use our Platform. We combine all this data together and study it. This helps us to improve the performance of our Services and/or the Platform.
3.1.4. Analytics Cookies: Analytics cookies collect data about your use of the Platform allowing us to improve its performance. These cookies provide aggregated information to monitor site functionality, track page visits, identify technical issues, analyse user traffic, and measure the effectiveness of our advertising, including emails sent to you.
3.2. Purpose of Cookies We Use: We utilise Personal Information obtained through cookies to enhance the speed, security of your interaction with us, and overall user experience. These cookies serve various purposes, including but not limited to:
3.2.1. Preferences: Cookies enable the Platform to remember information that alters the Platform’s behaviour or appearance, such as your preferred language or geographic region. By retaining your preferences, we can customise and present advertisements and other content tailored to you.
3.2.2. Security/Optimisation: Cookies play a crucial role in maintaining security by verifying Users, preventing fraudulent use of Services, and safeguarding User data from unauthorised access. Specific types of cookies assist in blocking various types of attacks, such as attempts to pilfer content from Platform.
3.2.3. Processing: Cookies contribute to the efficient functioning of the Platform, allowing us to deliver the Services expected by visitors and/or Users. These cookies facilitate tasks like navigating web pages and accessing secure sections of the Platform.
3.2.4. Analytics and Research: Cookies aid in comprehending how individuals utilise our Services, enabling us to enhance them for a better User experience. This data-driven insight helps us refine and improve our offerings.
3.3. Web Beacons, Pixel Tags, and Trackers: We may employ web Web Beacons, Pixel tags, and tracking URLs which are tiny graphic images and/or small blocks of code placed on Platform pages, ads, or in our emails that allow us to determine whether you performed a specific action. When you access these pages, or when you open an email, you let us know that you have accessed the web page or opened the email. These tools help us measure responses to our communications and improve our web pages and promotions;
3.4. Log Files: Our servers automatically collect information sent by Users’ devices, known as log files. This data may include IP addresses and device information etc. Log files are instrumental in analyzing trends, administering the Platform, and diagnosing technical issues;
3.5. Third-Party Analytics: We may integrate third-party analytics services to further understand User behavior. These services utilize their own tracking technologies to compile reports on Platform activity, aiding us in improving our Services;
3.6. Third-Party Plugins: Our Platform may use third-party plugins to provide core functionality. This includes Google Maps API Services for location-based features such as navigation, routing, and accurate pickup and drop-off points, and authentication providers (e.g., Google, Apple) to simplify account creation and login. Limited information may be shared with these providers, and your use of their services is governed by their respective privacy policies and terms.
3.7. Location Data: To provide our ride-sharing services, we collect precise geolocation data from your device, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We collect this information only after you explicitly grant us permission to access your location. This allows us to connect you with nearby Drivers, calculate routes, estimate fares, and improve your overall experience. If you choose to disable location access, certain features of the Platform may be limited or unavailable; and
3.8. Information from other sources: We may collect Personal Information from other sources, including but not limited to:
3.8.1. If a Customer or Driver, or any third party submits a complaint about you, we may receive information relating to the specific complaint made in order to understand and, where relevant, address the complaint;
3.8.2. Information such as insurance and claim details, coverage limits, list of insured drivers, policy status, vehicle or rental information, and photo/video recordings (such as dashcam footage) provided by insurance companies, vehicle leasing or rental agencies, or repair services
3.8.3. Information such as active driver and vehicle status, driver assignment records, rescheduling times, and trip cancellations with associated reasons;
3.8.4. To the extent permitted by applicable law, we may receive additional information about you such as references, demographic data, and details to help detect fraud and safety issues from (i) third-party service providers, other third parties, and/or partners, or (ii) Users, other individuals, entities, and authorities.We may combine this with information we already have about you. For example, we may receive background check results or fraud alerts from identity verification providers for use in fraud prevention, security investigations, and risk assessments.We may also receive information about your activities on and off the Upliffting Platform, including from Upliffting users, members of the public, governmental or tax authorities, or from our partners regarding your experiences and interactions.
WHY DO WE COLLECT YOUR INFORMATION?
4. We shall collect your information only for lawful and legally permissible purposes which are as follows:
4.1. Contractual Necessity: We process your Personal Information to fulfil our contractual obligations to you.;
4.2. User Authentication: We collect your information to verify your identity when you access the Platform, register an Account, log in, or utilize our Services. This includes undergoing Know Your Customer (KYC) verification processes as required by applicable regulations and safety standards. Online verification may involve submitting identification documents and relevant information through secure channels provided by us.This thorough KYC process helps ensure the safety, security, and reliability of the Upliffting Platform for all users, including Drivers;
4.3. Transactions and Payments: To facilitate secure and efficient payment processing, as well as handle transactions related to Services on the Platform. Also, Personal information is utilized to enable or authorize payment services, including detecting and preventing money laundering, fraud, abuse, and security incidents, complying with legal obligations, enforcing payment policies, and improving payment services;
4.4. Communicate with you: We use your Personal Information to communicate with you concerning Services via different channels (e.g., by phone, e-mail, chat);
4.5. Fraud Prevention and Credit Risks: We use Personal Information to prevent and detect fraud and abuse to protect the security of our Users;
4.6. Troubleshoot Problems: We use your Personal Information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of the Platform;
4.7. Compliance with law: To be able to perform any other contractual and legal obligation;
4.8. Enhancing User Experience: To analyze User behavior and preferences for improving our Services and User experience and to be able to provide location-specific services;
4.9. Recommendations and Personalizations: We use your Personal Information to recommend features, products, and Services that might be of interest to you, identify your preferences, and personalize your experience with the Platform;
4.10. Enhanced Advertising and Marketing Efforts: In our efforts to provide, personalize, measure, and enhance our advertising and marketing endeavors, we engage in several key activities. Firstly, we utilize User information to send promotional and marketing messages, tailoring them to suit individual preferences and interests. Additionally, we strive to customize and optimize advertising on various platforms to ensure relevance and effectiveness. Furthermore, we administer rewards, surveys, sweepstakes, contests, and other promotional activities to engage Users and foster community participation. Through the analysis of User characteristics and preferences, we aim to send targeted promotional messages that resonate with each User segment. Finally, we extend invitations to Users for events and relevant opportunities, enriching their overall experience with our Platform; and
4.11. Providing alerts/notifications: To effectively communicate with you through emails/SMS/notifications through the Platform to inform you about any other new Services that we may from time to time develop.
5. In the course of operating the Upliffting Platform, we collect and utilize Personal Information in accordance with our Privacy Policy. For Users residing in California, Colorado, Connecticut, Delaware, Florida, Iowa, Montana, Nevada, Oregon, Texas, Utah, Vermont, Virginia, or Washington, or are otherwise protected by privacy or consumer health data laws in those jurisdictions, please refer to Schedule 1 that supplements our main Privacy Policy and outlines state-specific rights and protections afforded to you.
6. For the Users residing outside the United States, specific provisions and disclosures may apply, as detailed in our Supplemental Document (See Schedule 2). This document provides comprehensive information regarding the processing of Personal Information, including details about responsible controllers, legal bases, user rights, and contact information for inquiries. By referencing this Supplemental Document, users gain insights into our compliance with regulations such as the General Data Protection Regulation (GDPR) and gain transparency into how their information is handled.
7. You consent and recognize that your Personal Information may be disclosed on our Platform authorized by you for the purpose of utilising our Services. Additionally, you agree and acknowledge that we are permitted to communicate with you through messaging, calls, emails, or other means, to facilitate the performance of our Services wherever necessary.
4. WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH AND WHY?
1. To facilitate our Services and enhance user experience, we may share Personal Information with the following entities-
1.1. Transactions: We may share your Personal Information necessary for transaction processing with our trusted financial or payment gateway partner;
1.2. Third-party Service Providers: We engage the services of third parties to carry out various functions on our behalf such as payment processing, data analysis, postal and email communications, hosting services, customer service, and marketing assistance. While these third-party service providers have access to the necessary Personal Information to fulfill their functions, they are prohibited from using it for any other purposes. Moreover, they are obligated to process the Personal Information in compliance with applicable laws. Further, we do not own or control these third parties. When you interact with these third parties and choose to use their service, Your use of these services is subject to the privacy policies of those providers, including Stripe’s Privacy Policy;
1.3. Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates may include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
1.4. Customers or Order Recipients: We may share certain Personal Information with the Customer or the recipient of the order to facilitate the trip or delivery. This may include your account details, first name, rating, vehicle details, photo, settings and preferences, location (before and during the trip), total number of trips, and compliments or other feedback submitted by past users.
1.5. Business Transfers: If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy;
1.6. Legal Compliance:
1.6.1. We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, authorized third parties, or other Users, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary to: (i) comply with our legal obligations, (ii) comply with a valid legal request, such as a subpoena or court order, or to respond to claims asserted against Upliffting, (iii) respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability, (iv) enforce and administer our agreements with Users, including our Terms, additional legal terms, and policies, (v) respond to requests for or in connection with current or prospective legal claims or legal proceedings concerning Upliffting and/or third parties, in accordance with applicable law, or (vi) protect the rights, property or personal safety of Upliffting, its employees, its Users, or members of the public;
1.6.2. Where legally required or permissible according to applicable law, we may disclose Customer and/or Drivers’ information to relevant tax authorities or other governmental agencies, depending on where you are based, for the purpose of the tax authorities’ determination of proper compliance with relevant tax obligations;
1.6.3. Where appropriate and/or legally required, we may notify Users about legal requests, unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to Upliffting, our Users, or expose Upliffting to a claim of obstruction of justice.
1.7. Service Improvement: We may share certain aggregated, anonymized information with third parties (for example, for Google Analytics or AWS) in order to assess the Platform usage and information pertaining to the ease of navigation;
1.8. Advertisements: We use third-party advertising companies to serve ads when you visit our Platform. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Platform and other websites in order to provide personalized advertisements about goods and services of interest to you.
1.9. Collaborations: We may share your Personal Information with reputable partners to facilitate joint initiatives, promotions, or integrated services;
1.10. Growth and Expansion: As our Platform evolves and expands, there may be instances where sharing Personal Information with new entities or parties becomes necessary for the enhancement of our Services. Any such sharing will be carried out with the utmost consideration for User privacy and in accordance with relevant legal frameworks.
2. We do not ever sell or rent your Personal Information without your express approval.
3. We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly
4. We may also de-identify or aggregate information and convert it into non-personal information so that it can no longer reasonably be used to identify you (“De-Identified Information”). We may use De-Identified Information for any of the purposes described in Clause 4 and Clause 5 of this Policy. We will maintain and use De-Identified Information in de-identified form and will not attempt to re-identify the information, except to confirm our de-identification processes or unless required by law.
5. We may share aggregated Non-Identifying Information and we may otherwise disclose Non-Identifying Information or De-Identified Information to third parties.
6. We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
5. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
5.1. In compliance with applicable laws, we retain your Personal Information for a duration no longer than necessary for the purpose for which it was collected or as mandated by relevant laws. However, certain data related to you may be retained beyond this period if we reasonably believe it is necessary to prevent fraud, mitigate potential abuse, allow us to exercise our legal rights, defend against legal claims, or fulfill other legitimate purposes required by law or for analytical and research purposes. Additionally, we may continue to retain your Personal Information for the following purposes including but not limited to:
1.1. Legitimate Business Interest: We may retain your Personal Information as necessary for our legitimate business interests, such as the prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend your Account for fraud or safety reasons, we may retain information from that Account to prevent that User from opening a new Account in the future;
1.2. Legal, Tax, Reporting, and Auditing Obligations:Certain records, including transaction information and compliance-related documentation, shall be retained for a period of up to five (5) years or such longer period as may be mandated under applicable law;
1.3. Shared Information: Information you have shared with others, such as reviews and forum postings, may continue to be publicly visible on Upliffting, even after your Upliffting Account is canceled; and
1.4. Residual Copies: Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your Personal Information (either in the form of De-Identified Information, Non-Identifying Information, or identified information) may not be removed from our backup systems for a limited period of time. However, users understand and agree that sometimes it will be impractical for user information to be de-identified or treated in this way, and in this case, Upliffting will continue to use and hold the information in a personally identifiable state. For example, if we need to reply to a user enquiry we will have to use the contact information provided.
5.2. You may request that we delete your Account at any time through the Privacy settings available on the Upliffting Platform, or by submitting a request via our Website. Upon receipt of a valid request, Upliffting shall delete your Account and associated Personal Information, except where retention is required for the purposes stated above. Unless a longer retention period is mandated by law or required for dispute resolution, Upliffting shall generally delete such Personal Information within one hundred and twenty (120) days of the account deletion request.
6. HOW DO WE PROVIDE FOR THE SECURITY OF YOUR PERSONAL INFORMATION WITH US?
1. We prioritize the security of your data, utilizing secure cloud servers, where your Personal Information is encrypted at rest, adding an extra layer of protection against unauthorized access. Additionally, we adhere strictly to industry best practices by utilizing SSL (Secure Sockets Layer) for all data transfers, ensuring that your information remains secure during transmission. We implement reasonable physical, electronic, and procedural safeguards to ensure the confidentiality and integrity of your information. Accessing your Account information is facilitated through a secure server, and once in our possession, your data is subject to strict security guidelines to prevent unauthorized access.
2. While we take comprehensive measures to safeguard your information, Users acknowledge and accept the inherent security implications of data transmission over the Internet and the World Wide Web. Despite our efforts, complete security cannot be guaranteed, and inherent risks persist. Users bear the responsibility of safeguarding login and password records for their Accounts. We remain committed to continually enhancing our security protocols to address emerging threats and maintain the trust of our Users.
7. HOW DO WE HANDLE DATA BREACHES AND SECURITY INCIDENTS?
1. In the event of a data breach or security incident, Upliffting maintains a proactive approach to ensure swift resolution and mitigate potential risks. We have established a comprehensive incident response plan designed to address such occurrences promptly and effectively:
1.1. Identification: We promptly identify and acknowledge any signs of a data breach or security incident within our systems or infrastructure;
1.2. Containment: Immediate action is taken to contain the impact of the breach, preventing further unauthorized access or damage to data;
1.3. Notification: We prioritize transparency by promptly notifying affected parties, including Users and relevant stakeholders, about the breach and its potential impact on their data;
1.4. Collaboration: Upliffting collaborates with relevant authorities, such as regulatory bodies and law enforcement agencies, to report the incident and comply with any legal obligations or regulatory requirements; and
1.5. Post-Incident Assessment: Following the resolution of the incident, we conduct thorough assessments to evaluate the effectiveness of our response measures and identify areas for improvement.
8. DO WE TRANSFER YOUR PERSONAL INFORMATION CROSS-BORDER?
1. While our primary practice is to store all data on servers located within the United States, it’s important to note that certain circumstances may necessitate the transfer of your Personal Information to countries outside your residential country. These transfers may occur for various purposes outlined in this Policy.
2. You understand and accept that other countries may have differing (and potentially less stringent) laws relating to the degree of confidentiality afforded to the information it holds and that such information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies, and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar processes. In addition, a number of countries have agreements with other countries providing for the exchange of information for law enforcement, tax, and other purposes.
3. If we transfer your Personal Information to third parties for purposes stated in this Policy, we will use our best endeavors to put in place appropriate controls and safeguards to ensure that your Personal Information is kept accurate, adequately protected, and processed only for specified and reasonable purposes in a manner that is fair, transparent and has a lawful basis, and is stored for no longer than is absolutely necessary.
9. WHAT ARE YOUR RIGHTS AS A DATA SUBJECT?
1. You, as a data subject, have certain rights to your Personal Information with us, as under: Any information supplied by you to us. The information that you shall find in that section would be your Personal Information such as your name, email, contact details, age, etc;
1.1. Right to withdraw consent: The consent that you provide for the collection, use, and disclosure of your Personal Information will remain valid until such time it is withdrawn by you in writing. If you withdraw your consent, we will stop processing the relevant Personal Information except to the extent that we have other grounds for processing such Personal Information under applicable laws. We will respond to your request within a reasonable timeframe. You may withdraw your consent at any time by contacting us; and
1.2. Right to correction: You are responsible for ensuring that the information you provide to us is accurate and up to date. If you wish to correct or update any of the Personal Information we hold about you, you may do so either through the features available in your Account (if applicable) or by contacting us directly through the contact details provided in this Privacy Policy. Certain verified information, such as driver credentials or vehicle details, may require additional verification before changes can be made.
1.3. Right of Access and Portability: In some jurisdictions, applicable law may entitle you to request certain copies of your Personal Information or information about how we handle your Personal Information, request copies of Personal Information that you have provided to us in a structured, commonly used, and machine-readable format, and/or request that we transmit this information to another service provider, where technically feasible.
1.4. Right of Erasure: In some jurisdictions, you can request that your Personal Information be deleted. You agree that we cannot delete your Personal Information except by also deleting your user Account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
1.5. State-Specific Rights: For Users residing in California, Colorado, Connecticut, Delaware, Florida, Iowa, Montana, Nevada, Oregon, Texas, Utah, Vermont, Virginia, or Washington, or are otherwise protected by privacy or consumer health data laws in those jurisdictions, please refer to Schedule 1 that supplements our main Privacy Policy and outlines specific rights afforded to you as a data subject.
1.6. User’s Rights Outside United States: For the Users residing outside the United States, please refer to Schedule 2 which provides for User rights, safeguards for international data transfers, and contact information for inquiries.
1.7. It’s important to note that we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
10. ARE CHILDREN ALLOWED TO USE OUR PLATFORM AND/OR SERVICES?
1. This Platform is strictly prohibited for use by individuals under the age of eighteen (18) years old (“Minors“). Accessing or using the Platform by Minors constitutes a violation of our Terms of Service and Privacy Policy.
2. We do not knowingly solicit, collect, or process any Personal Information from Minors. We implement commercially reasonable age verification measures and data protection practices to prevent such unauthorized collection and usage.
3. If you are a parent or legal guardian (“Guardian“) and believe your child has provided us with Personal Information, we urge you to promptly contact us at ________________[insert contact information]. Upon verification of your Guardian status, we will promptly take all necessary steps to remove and delete such information from our records.
11. HOW CAN YOU EXPRESS YOUR COMPLAINTS AND CONCERNS?
User satisfaction is one of the key focus areas and an integral part of our Platform’s founding principles and business policies. We strongly believe that User satisfaction is the most important factor in the growth and development of our business and hence, we have adopted User centricity as a priority in developing our business processes. The terms below shall constitute our “User Grievance Redressal Policy” which outlines the framework for addressing User grievances:
1. Objective: The objective of this Grievance Policy is to provide a framework:
1.1. to ensure the provision of timely and effective resolution of issues raised by Users; and
1.2. to keep Users informed about the manner in which they can reach out to us to resolve their queries and grievances.
2. Governing Principles: The policy on grievance redressal is governed by the following principles:
2.1. The User shall be treated fairly at all times;
2.2. Issues raised by Users are always attended to with courtesy and on time;
2.3. Users are provided with effective and satisfactory resolution within a reasonable time period; and
2.4. Users are fully informed of avenues to escalate their issues/ grievances if they are not fully satisfied with the response to their complaints.
3. User Support: Any User can reach out to our User support team/ representative through electronic mode by way of an email communication at ___________ and
4. Must Know: You must know and understand that:
4.1. We DO NOT solicit confidential details like your OTP/CVV/PIN/Card Number/ Bank account details through any means. We never call users/Users with offers, discounts on products, and offering free gifts.
4.2. Scamsters/fraudsters attempt various techniques such as ‘phishing’, to contact, influence, and defraud consumers. We regularly caution our Users against sharing any personal or payment-sensitive information with unknown persons as such sharing leads to unauthorized use and/or fraud and consequent financial loss.
4.3. We shall not be liable for any loss, damage, or expense incurred by a User where the User has shared personal and/or payment-sensitive information with scamsters/fraudsters.
4.4. Our support system offers multiple channels for assistance. Firstly, users have the possibility of accessing a chatbot on our Platform. This chatbot records information from our website, documentation, etc., to provide instant support for certain recurring questions.
4.5. Additionally, we also request and encourage our Users to report such attempts or incidents to us at __________ to enable us to investigate and explore legal recourse.
4.6. We rely on payment partners and banks. In certain cases involving payment/refund issues, we might see a delay as that is beyond our control once we pass the investigation to them; however, we try our best not to exceed reasonable timelines.
12. HOW ARE CHANGES MADE TO THIS POLICY?
This Policy may be updated at our sole discretion or due to changes in the law. Such changes, unless otherwise stated, will be effective from the day and date of posting on the Platform. We reserve the right to update the Policy without obligation to notify users. It is recommended to regularly review this Policy for any changes, as your continued access and use of the Platform will be considered your approval and acceptance of all modifications to this Policy. In cases where applicable law mandates, we may notify you of updates through email. If you do not agree with this Policy governing our Platform, please refrain from using the Platform or the Services provided by us.
13. HOW CAN YOU CONTACT US?
Should you need additional information or have any questions or complaints regarding the handling of your Personal Information, please reach out to us in writing at:
Email: ___________________
Schedule I- Privacy Policy Supplement for Specific Jurisdictions
If you reside in California, Colorado, Connecticut, Delaware, Florida, Iowa, Montana, Nevada, Oregon, Texas, Utah, Vermont, Virginia, or Washington, or are otherwise protected by privacy or consumer health data laws in those jurisdictions, this section supplements our main Privacy Policy and outlines specific rights and protections afforded to you.
Your Privacy Rights:
Right to Access: You have the right to request access to your Personal Information, including details about how it is collected, used, and shared by Upliffting. Upon request, we will provide this information in a portable and readily usable format, subject to verification of your identity;
Right to Correction: You have the right to correct any inaccuracies in your Personal Information held by Upliffting. You can submit a verifiable request for correction, and we will promptly update your information as needed;
Right to Deletion: You may request the deletion of your Personal Information from Upliffting’s records, subject to certain exceptions permitted by law. We will comply with your request, provided it does not conflict with our legal obligations or legitimate business interests;
Right to Opt-Out: You have the right to opt out of certain processing activities, such as the sale of Personal Information or the use of Personal Information for targeted advertising purposes. Upliffting will respect your preferences and refrain from such activities upon your request.
B. For California Residents
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Platform/App who are California residents to request certain information regarding the disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to _______________.
California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“COPPA”) and the California Business and Professions Code. As required by COPPA, we will provide you with the categories of Personal Information that we collect through the Platform, and the categories of third-party persons or entities with whom such Personal Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personal Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies.
COPPA further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email at _____________. When contacting us, please indicate your name, address, email address, and what Personal Information you do not want us to share with our marketing partners. The request should be sent to the attention of our legal department, and labelled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personal Information or requesting this notice.
Appeals Process:
If you disagree with Upliffting’s response to your privacy rights request or believe your rights have not been adequately addressed, you have the right to appeal. You can submit your appeal in writing to our Data Protection Officer at ___________ with the subject line “Appeal of Privacy Rights Request.”
Data Retention and De-Identification:
Upliffting is committed to retaining Personal Information only for as long as necessary to fulfill the purposes for which it was collected, as outlined in our main Privacy Policy (see Clause 6). We will also take measures to de-identify personal information in accordance with applicable laws and regulations.
Additional Information:
For more detailed information on how Upliffting handles your Personal Information, including our data collection practices, security measures, and third-party disclosures, please refer to our main Privacy Policy available.
Schedule II- Privacy Policy Supplement- Outside the United States
Application:
This supplemental section applies to users residing outside the United States and serves as an extension of our Privacy Policy. It contains essential information mandated by the General Data Protection Regulation (GDPR), ensuring transparency in data processing practices. Should you have any queries, please refer to the contact details provided below.
Purpose:
This section delineates critical aspects including controllership of Personal Information, legal bases for processing, user rights, data transfer safeguards, and contact information for further inquiries.
Controllers of Personal Information:
Controller: For the purposes of the Controller of your Personal Information, Upliffting, L.L.C (hereinafter referred to as “Company” or “us” or “we” or “our“) shall be the Controller.
Payments Controller: For payment-related services, various Upliffting Payment Gateway Partner(s) are responsible, contingent upon your country of residence.
Processing of Payment Information:
To utilize our payment services on the Platform, certain information is required by the Payments Controller to facilitate transactions and adhere to legal requirements, including anti-money laundering regulations. This information encompasses:
Payment Information: Your financial details, like bank account or credit card information, are necessary for processing payments and legal compliance.
Identity Verification and Other Information: To verify your identity and ensure compliance, the Payments Controller may request identity verification documents (e.g., government-issued ID) and authentication details (e.g., date of birth, address).
How we use your Personal Information:
In the context of payment services, we utilize your Personal Information to:
Enable or authorize third parties to use payment services;
Detect and prevent money laundering, fraud, and security incidents;
Conduct security investigations and risk assessments;
Fulfill legal obligations, such as anti-money laundering regulations;
Enforce payment terms and other payment policies;
Optionally, send promotional messages, marketing materials, and relevant information based on your preferences; and
Continuously enhance and optimize payment services for improved user experience.
Legal Bases for Processing Personal Information:
Payments Controller: The Payments Controller processes this Personal Information given its legitimate interest in improving the payment services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
By Upliffting Platform: We process this Personal Information for the purposes outlined in the Privacy Policy (see Clause 4 and Clause 5) given our legitimate interest in improving Upliffting, including developing and improving our Services, and our users’ experience with it, and where it is necessary for the adequate performance of the contract with you.
Your Rights:
Under applicable law, you have certain rights that we respect and uphold. While some of these rights are applicable in general, others may apply only in specific circumstances. We may request verification of your identity and request details before taking further action on your inquiries.
Access and Portability: You have the right to request access to certain copies of your Personal Information held by us. In certain cases, you may also request copies of the Personal Information you provided to us in a structured, commonly used, and machine-readable format, or ask us to transmit this information to another service provider where technically feasible;
Rectification: You can request us to correct any inaccurate or incomplete Personal Information;
Erasure: While we generally retain your Personal Information as necessary for contractual performance, legal compliance, and as permitted by law, you have the right to request deletion of your Personal Information, subject to certain limitations and restrictions;
Withdrawing Consent: If we process your Personal Information based on your consent, you have the right to withdraw consent at any time. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities performed before its withdrawal;
Restriction of Processing: You can limit how we use your Personal Information, especially in cases where you contest its accuracy, oppose erasure, no longer require the information for processing purposes, or have objected to processing pending verification of legitimate grounds; and
Objection to Processing: You have the right to object to the processing of your Personal Information based on specific grounds, such as direct marketing, legitimate interests, or public interests. We will cease processing your Personal Information for these purposes unless we have compelling legitimate grounds or where processing is required for legal claims.
