Last Updated: April 30, 2024
Our Policy
This privacy policy (“Privacy Policy”) describes the data collection and handling practices that Upwave, Inc. (“Upwave”) follows for ”Personal Information” (as is defined by applicable privacy and data protection law) it controls about individuals (“Respondent” or “you”) who visit our website www.upwave.com and its subdomains (“website”) or who engage with a survey across the websites, mobile applications or other services run by a network of publishers who act as our service providers (“Network”) and business information we may collect from our customers and partners (“Customers”) in providing our products and services (“Services”). For purposes of this Privacy Policy, we act as a controller of the Personal Information. For information on our collection practices related to employees and job applicants, please refer to this link.
1. Information We Collect
Information Collected from Survey Respondents
When you respond to surveys hosted by the Network, we may collect information from you (“Response Data”), as further described below:
Survey Responses
When you voluntarily engage with a survey on the Network, you are granting Upwave permission to process your survey responses as outlined in this Privacy Policy. We may collect demographic data in the nature of self-declared gender, or age, or your opinions on certain products, services and brands. Our collection of Response Data is for the purpose of statistical analysis and providing Services to our Customers. We do not build or retain consumer profiles. We do not run surveys across our Network that ask for any information that would directly personally identify you via a survey question, and we do not attempt to obtain real identification of consumers. Your Response Data may be disclosed to Upwave’s Customers for their internal business purposes, as further provided below.
Survey Response Metadata
You also grant Company permission to process the “metadata” of your survey, including but not limited to: your operating system, your web browser, the time you completed each question of the survey, the amount of time it took you to complete each question of the survey, and the geographic location from which you engaged with the survey. We use this metadata for monitoring, delivering and improving the Services.
Unique Identifiers
We collect a unique identifiers, such as your IP address or mobile ad IDs (referred to as “unique identifiers”), including through the use of cookies as is further described below. Your unique identifier is used to determine approximate geographic location and to ensure survey accuracy (avoiding bot attacks and for anti-fraud purposes). We may also use your unique identifier in order to provide aggregated and de-identified Services to our Customers. In certain cases, we may share your hashed unique identifiers with our Customers for their internal business purposes in connection with the Services.
Information Collected from Our Customers
We may also process certain Personal Information from our Customers in order to provide them the Services, as provided below.
Customer Data
We collect Personal Information that Customers provide to us when they register for an account on our website www.upwave.com (the “website”). The information we may collect includes Customers’ name, company name, location, email address, phone number, and account password (“Customer Data”). We use the Customer Data for the purposes of providing services to our Customers, including use of the Customer Data for the purpose of creating and maintaining Customers’ accounts and responding to and communicating with Customers about their inquiries and requests. Further, we may use the Customer Data to notify Customers via email about offers, new services or other promotions that may be of interest to the Customer. Customers may opt-out of such marketing communications at any time by clicking unsubscribe at the bottom of the email.
Information Collected from Visitors to our Website
We collect Personal Information that you may give to us when you visit our website, e.g., you voluntarily may sign up for a demo of our Services or to our newsletter on our website by providing your name and email address and other business contact information we may request. We use this information to provide you the Services or newsletters you requested. We may also use cookies on our website, as is further described below, in order to collect device details, such as device type, IP address, dates and times of connection to our website and Services, and usage details such as details of content with which you interact on our website, page views, clicked pages and links and search terms. We use this metadata for monitoring, delivering and improving the website and Services.
2. Purpose of Collection
As is further described above, we may use Personal Information in connection with:
- Our website: operating and managing our website; providing content to you; displaying advertising and other information to you; and communicating and interacting with you via our website.
- Provision of Services: providing our website and Services to you; fulfilling our obligations or enforcing our rights under contracts between you and us; notifying you about changes to our website or Services we offer; creating, maintaining and securing your account; improving and personalizing our website and Services; understanding, troubleshooting and fixing the Services; providing you with support and responding to your inquiries.
- Marketing communications: communicating with you via any means (including via email, telephone, text message) regarding information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law.
- Security: maintenance of the safety, security, and integrity of our website, products, services, databases and other technology assets, and business; operation of IT security; security audits; and detection of fraud.
- Legal compliance: compliance with legal obligations; compliance with requests from law enforcement officers; to establish, exercise and defend legal claims.
- Financial management: for sales, finance, corporate audit, and vendor management.
- Analytics: creating aggregated, de-identified data for purposes of improving the website and Services, analyzing current and potential user markets, and creating new products and services.
3. Use Of Cookies and Other Tracking Technologies
We use cookies, web beacons, tracking pixels or other similar solutions (“Tracking Technologies”) to collect or receive certain information when you visit or use our website, read an email, newsletter, or otherwise interact with content from us or when you visit our Network websites. These Tracking Technologies may include cookies and tracking pixels (including transparent or clear gifs).
Cookies are small data files which are placed on your computer or mobile device when you visit a website or use an online service. We use cookies and similar Tracking Technologies to provide you with a secure experience and to understand, among other things, how you navigate our website and our Network websites, learn what content is popular, recognize repeat users, and save your account information. They also help us understand and improve our Services and know when content has been shown to you. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of the website features and if you decline or delete them then parts of our website and Services may not work properly.
Additionally, Upwave and its Network service providers may collect data through owned and operated mobile applications using a pseudonymized identifier, for each mobile device, known as a mobile advertising ID (“MAID”). Each MAID allows us to identify a unique mobile device, although you can reset your MAID at any given time resulting in the delinking of device and MAID. These MAIDs perform a similar role to cookies on the Network, except within the context of mobile apps, rather than websites.
Upwave uses several different types of Tracking Technologies on our website and the Network, including the following.
- Strictly Necessary Cookies. Strictly necessary cookies facilitate the operation of our website and Services. Without the use of these cookies, portions of our Services would not function properly. For example, we use essential cookies to help us identify which of our visitors have previously registered in order to access our Services.
- Functional Cookies. Functional cookies are used to remember your preferences on our website and to authenticate your identity. For example, we use functional cookies to recognize and save your name and password on our website.
- Performance Cookies. Performance cookies help us monitor the performance of our website or the Network and how users interact with them. These cookies collect information such as how often users visit our website, what pages they visit when they do so, whether a user has already taken a survey, and what other websites they used prior to coming to our website and provide us with information that allows us to improve our website and services.
- Targeted Advertising. We may, subject to applicable laws, use targeted advertising cookies in order to provide you with advertising which is tailored to your interests when you visit our websites and other third-party websites. Targeted advertising cookies analyze information about your interests and your browsing history and provide you with advertisements on and off our website that match these interests. The cookies are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Our website is not configured to read or respond to “do not track” settings or signals in your browser settings. You may block cookies entirely by disabling cookie use in your browser or by setting your browser to ask for your permission before setting a cookie. Blocking cookies entirely may cause some websites to work incorrectly. Please note that web browsers operate using different identifiers. As such, you must adjust your settings in each web browser and for each computer or device that you would like to opt-out on. Further, if you simply delete your cookies, you will need to remove cookies from your device after every visit to the website. You may download a browser plugin that will help you maintain your opt-out choices by visiting www.aboutads.info/pmc. Please note that the use of online tracking mechanisms by third parties, is subject to those third parties’ own privacy policies, and not this Privacy Policy.
4. Our Disclosure Of Your Personal Information
Below are circumstances in which we may share your Personal Information with certain third parties for business purposes, without further notice to you. See our Privacy Snapshot chart in section 15 below for more information.
- Business Transfers: As we develop our business, we might sell or buy to businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, the Personal Information we collect may be part of the transferred assets.
- Affiliates and Subsidiaries: We may share Personal Information with Upwave-controlled affiliates and subsidiaries.
- Agents, Consultants and Service Providers: Upwave, like many businesses, sometimes hires other companies to perform certain business-related functions in order for us to provide our services, including our Network service providers. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function and solely for purposes of performing such specific function.
- Our Customers: In order to deliver our Services, we may share your Response Data, including any response metadata and unique identifiers associated therewith, with our Customers for their business purposes. We may also share statistics based on your Response Data to our Customers for their business purpose in connection with delivering our Services.
- Legal Requirements: We may disclose your Personal Information 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, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of the website, Services or the public, or (iv) protect against legal liability.
5. Exclusions
This Privacy Policy does not apply to any unsolicited information you provide to Company through a survey, our website or through any other means (“Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential, public information and Company shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.
6. Children
Upwave does not knowingly collect Personal Information from children under the age of 16. If you are under the age of 16, please do not engage with any surveys across our Network or provide any other information to us. We encourage parents and legal guardians to monitor their children’s Internet usage. If you have reason to believe that a child under the age of 16 has provided Personal Information to Upwave, please contact us, and we will delete that information from our databases.
7. Relationships With Other Websites
This Privacy Policy does not apply to your direct relationship with the third party sites. The collection and use of data by third party websites, including our Network websites, is governed by the privacy policy and legal terms of the website collecting the data; it is not governed by this Privacy Policy. Please contact the third party sites for information about their privacy policies.
8. Security
Company takes reasonable steps to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission or form of electronic storage is ever fully secure or error free. Please keep this in mind when disclosing any Personal Information to Upwave.
9. Data Retention
Upwave retains Personal Information for as long as necessary to provide the Services and fulfill the transactions you have requested, or for other legitimate purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Because these needs can vary for different data types, the context of our interactions with you or your use of Services, actual retention periods can vary. The criteria used to determine the period of storage of your Personal Information include the following:
- the amount, nature, and sensitivity of the Personal Information
- the nature of the purpose, why Personal Information was collected and used and whether we can achieve those purposes through other means
- the length of time, while we have a contractual relationship with you
- the existence of a legal obligation under the applicable law
- potential risk of harm from unauthorized use or disclosure of your personal information
- the necessity to store Personal Information in the light of our legal position (such as applicable statutes of limitations, litigation or regulatory investigations).
10. International Transfers
Because of the international nature of our business, we may need to transfer your Personal Information to third parties as noted above, solely in connection with the purposes set out in this Privacy Policy. For this reason, we may transfer your Personal Information to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located. In such cases, we shall make sure the transfer complies with applicable laws, e.g., through binding standard contractual clauses adopted by the European Commission that bind the international processor to confidentiality and security requirements.
11. Changes To Our Privacy Policy
Our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy from time to time, which we will post on our website. Please review this policy periodically. This Privacy Policy was last updated on the date indicated above. Your continued use of the website and our Services after any changes or revisions to this Privacy Policy will indicate your acceptance of the terms of such revised Privacy Policy.
12. Your Privacy Rights
You may have certain rights with respect to your Personal Information, in addition to any rights discussed elsewhere in this Policy. Please note your rights and choices vary depending upon factors like your location, your country/state of residence, and the type of Personal Information at issue.
HOW TO CONTROL YOUR MARKETING & COMMUNICATIONS PREFERENCES
We do not target survey Respondents with correspondence. We may send communications and marketing that may be of interest to our Customers. If you do receive communications from us, you can stop receiving such promotional email communications, by clicking on the “unsubscribe” or similar link provided in such communications, by texting a reply of “STOP”, by adjusting your account settings to reflect your communications preferences, or by contacting us as described below. We make every effort to promptly process all unsubscribe requests.
STATE DATA PRIVACY LAWS
California law requires us to provide California residents with certain specific information regarding how we collect, use, and share “Personal Information” as such term is defined in the California Consumer Privacy Act, as amended by the California Privacy Rights Act and its implementing regulations (“CPRA”) (collectively known as the “CCPA”)). Following California’s passage of the CCPA, other states have passed similar data privacy laws, including the Virginia Consumer Data Protection Act (“VCDPA”), effective January 1, 2023; the Colorado Privacy Act (“CPA”), effective July 1,2023; the Connecticut Data Privacy Act (“CDPA”), effective July 1, 2023; and the Utah Consumer Privacy Act (“UCPA”), effective December 31, 2023, and other states continue to pass new privacy laws.
For clarity and ease of reference, we may refer to CPRA, VCDPA, CPA, CDPA, and UCPA, or other state laws as they develop, collectively as “State Data Privacy Laws”.
State Data Subject Requests
If you are a resident of certain states, applicable State Data Privacy Laws require us to provide you with some additional information about your rights with respect to your “Personal Information” (as defined in CCPA and similar State Data Privacy Laws). Personal information does not include publicly available information from government records or de-identified or aggregate consumer information. Specifically, certain State Data Privacy Laws provides you with the right to:
- know what Personal Information we collected about you during certain periods, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we collected about you;
- delete Personal Information that we collected from you, subject to certain exceptions;
- correct inaccurate Personal Information that we maintain about you;
- receive non-discriminatory treatment for the exercise of privacy rights conferred by CCPA or certain State Privacy Laws, including the right not to be retaliated against for the exercise of their rights described above or otherwise provided in CCPA and certain State Privacy Laws.
- opt-out of the sale or sharing of your Personal Information, to the extent we sell your Personal Information or share your Personal Information for the purposes of cross-context behavioral/targeted advertising;
If you would like further information regarding your legal rights under CCPA or any other State Data Privacy Law or would like to exercise any of the rights available under such laws, please contact us as described in section 13 below. We will honor the requests described above and otherwise available to you under applicable State Privacy Laws, but these rights do not always apply, and exemptions exist that may be relied upon in denying or only partially fulfilling your request. We may, in response to a request, ask you to verify your identity and/or provide information that helps us to better understand your request. If we do not comply with your request, we will explain why.
Requests Submitted by Authorized Representatives.
You may submit a request through someone holding a valid Power of Attorney or an authorized agent acting on your behalf. Authorized agents must have, and provide us with, written permission to make a request on your behalf and must provide necessary information to verify your own identity directly with us. We will require any purported authorized agent to submit proof of authorization to make requests on your behalf.
No Sale or Sharing of Personal Information
CCPA and other State Data Privacy Laws sets forth certain obligations for businesses that “sell” Personal Information or “share” Personal Information for purposes of cross-context behavioral or targeted advertising as defined by the CCPA and applicable State Data Privacy Laws. Upwave does not “sell” your Personal Information or “share” your Personal Information as defined by the CCPA and State Data Privacy Laws (in other words, we do not accept money or other things of value in exchange for your Personal Information or otherwise share your Personal Information for purposes of targeted advertising).
De-Identification
To the extent Upwave receives deidentified data that is subject to State Data Privacy Laws, we do not attempt to re-identify the information.
Categories of Personal Information, Purposes and Disclosures
Please see sections 1, 2, 3 & 4 above for more information about the categories of Personal Information we collect, and the sources, purposes and sharing of such Personal Information. In addition, we have provided a privacy snapshot chart (“Privacy Snapshot”) at the bottom of this Privacy Policy that provides you with a snapshot of the categories of Personal Information we have collected in the preceding 12 months, the sources of such collection, the categories of third parties we may share such Personal Information with for a business or commercial purpose, and the categories of third parties with whom we may sell or share such Personal Information (as is defined by State Privacy Laws).
ADDITIONAL INFORMATION FOR EEA AND UK RESIDENTS
If you are resident in the European Economic Area (“EEA”) or the United Kingdom (“UK”), you have the following rights, upon a verified request, with respect to your Personal Information that we hold:
- Right of access. You have the right to obtain:
(i) confirmation of whether, and where, we are processing your personal information;
(ii) information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;
(iii) information about the categories of recipients with whom we may share your personal information; and
(iv) a copy of the personal information we hold about you.
- Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
- Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
- Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
- Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
- Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your Personal Information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
Data Protection Authority. You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
13. Contact Information
To exercise your data subject rights, please contact us as specified below. Please also feel free to contact us if you have any questions about Upwave’s Privacy Policy.
You may contact us as follows:
Email: [email protected]
Postal Mail: Upwave, 35640 Fremont Blvd., #359, Fremont, CA 94536
14. Opt Out
To opt out of the Upwave cookie, click the button below. Please note that when you clear your cookies you’ll have to opt out once again.
15. Privacy Snapshot
Here is a high-level snapshot of our privacy practices, but you need to read the entire Privacy Policy for complete information.
Categories of Personal Information we Collect For a Business or Commercial Purpose | Source of Personal Information | Categories of Third Parties to who information was Disclosed for a Business or Commercial Purpose | Categories of Third Parties to whom information was Shared for targeting advertising or Sold |
Personal Identifiers: name, email address, business address, business phone number | Customers or visitors to our website who provide us such information | Internet Hosting Service Providers; Customer Relations Management (CRM) Service Providers; Accounting/Financial Service Providers | None |
Unique Network Identifiers: IP address & Mobile Ad IDs | Visitors to our website; visitors to the Network | Internet Hosting Service Providers; Analytics Service Providers; Customers | None |
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): name, email address, business address, business phone number, signature | Customers or visitors to our website who provide us such information | Internet Hosting Service Providers; Accounting/Financial Service Providers; CRM Service Providers | None |
Commercial Information: Records of services purchased by our Customers | Records we compile based on Customer purchases | Internet Hosting Service Provider; Accounting/Financial Service Providers; CRM Service Providers | None |
Internet or other electronic similar network activity: Browsing history, search history, information on a consumer’s interaction with our website, application, or advertisement. | Visitors to our website or Network | Internet Hosting Service Providers; Analytics Service Providers; Customers | None |
Geo-location: We never collect precise geo-location and we never track you. We may collect general geo-location to understand the geographic regions of visitors to our website or Network | Visitors of our website or Network | Internet Hosting Service Providers; Analytics Service Providers; Customers | None |
Inferences drawn from other personal information Preferences drawn from Response Data | Response Data or Response metadata | Customers | None |
Professional or Employment-Related Information | None |
