How to Contact Us

Notice to Individuals in the EEA and the UK

Notice to California Residents

Notice to Brazil Residents

uptempo

Privacy Policy

BrandMaker Holdings, LP and its Affiliates (hereinafter referred to as “Company,” “us,” “we,” or “our”) have created this Privacy Policy to apply to all users and clients of this website, uptempo.io, and all digital assets, products, and services, including our mobile site, contained, or offered therein (collectively, our “Website”). This Privacy Policy describes, among other things, the types of information we collect from users when you use our Website, how we use it, and how you can access your information. This Privacy Policy applies only to your use of our Website and was last updated as of July 25, 2022.

This Privacy Policy does not apply to information collected or obtained by any third party, including through any application or content that may link to or be accessible from or on the Website. This Privacy Policy is integrated into our Terms & Conditions of Use (“Terms & Conditions”).  

By using the Website and providing us with your Information (defined below), you agree to the practices described in this Privacy Policy and our Terms & Conditions of Use and to the updates to these policies posted here from time to time. By using our Website, you consent to these policies. If you have any privacy or data use concerns, please contact us as set out below under the heading “How to Contact Us.”

Notices to Residents of Specific Jurisdictions

If you are a California resident, please see the Notice to California Residents Section below for your California privacy rights, which supplements the Privacy Policy as to California residents only.

If you are based in: (i) the European Economic Area, which includes all EU countries, or Switzerland (we call this the “EEA” from hereon out); or (ii) the United Kingdom, this Privacy Policy serves as notice of how we process your Personal Data (defined below) for which we are a Controller (defined below). Please see the Notice to Individuals in the EEA and the UK below for your EU and UK privacy rights, which supplements the Privacy Policy as to users located in the EEA or UK only. 

If you are a resident of Brazil, this Privacy Policy serves as notice of how we process our Personal Data (defined below) for which we are a Controller. Please see the Notice to Brazil Residents below for our Brazil rights, which supplements the Privacy Policy as to users located in Brazil only.

1. INFORMATION WE COLLECT ABOUT YOU

We may collect the following types of information about you which are described in more detail below: (a) information you provide to us; (b) information we may automatically collect; and (c) information we may receive from third parties. All of the information listed in (a)-(c) above are detailed below and hereinafter referred to as “Information.”   

A. Information You Provide to Us

When using our Website, you may provide us with Information, including, but not limited to:

• Contact information such as name, email address, and telephone number(s);
• Business information such as your business email address, company name, and title;
• Communications and opinions in questions and comments you share with us;
• Access to your general geo-location; and
• Additional information as otherwise described to you at the point of collection or pursuant to your consent.

B. Information We May Automatically Collect About You

Our Website may automatically collect certain Information about you. This Information is used by Company for the operation of our Website, to maintain quality of our Website, and to provide general statistics regarding use of our Website. This Information may include:

• IP address, which is usually the public network address assigned to your computer or home/corporate network by your ISP (Internet service provider);
• Date and time of your visit or use of our Website;
• Domain server from which you are using our Website;
• Type of computer, web browsers, search engine used, operating system, or platform you use;
• Data identifying the web pages you visited prior to and after visiting our Website or use of our Website;
• Your movement and activity within our Website, which is aggregated with other information; and
• Mobile device information, including the type of device you use, operating system version, and the device identifier (or “UDID”).

C. Cookies & Technologies Used to Collect Information About You

We collect the above Information directly and through the use of third parties. We collect this Information by using certain technologies, such as cookies, web beacons, and other technologies. Third-party service providers, advertisers, and/or partners may also view, edit, or set their own cookies or place web beacons. Please see our Cookie Policy for additional information about our use of cookies and related trackers.

1.     Cookies (or browser cookies)

A cookie is a small file placed on the file system of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

2.     Web Beacons

Website pages may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity). We also use these technical methods to analyze the traffic patterns, such as the frequency with which our users visit various parts of the Website. These technical methods may involve the transmission of Information either directly to us or to a third party authorized by us to collect Information on our behalf. Our Website may use retargeting pixels from certain providers, including, but not limited to, Google, Facebook, and other ad networks. We also use web beacons in HTML emails that we send to determine whether the recipients have opened those emails and/or clicked on links in those emails.

3.     Analytics

Analytics are tools we use, such as Google Analytics and HubSpot Analytics to help provide us with information about traffic to our website and use of our Website, which Google may share with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network. Learn more about Google’s Privacy Policy here: https://policies.google.com/privacy?hl=en-US. You can opt out of having your activity on our Website made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.

4.     Mobile Application Technologies

If you access our Website through a mobile device, we may automatically collect Information about your device, your phone number, and your physical location.

D.   Information We May Receive from Third Parties

We may collect additional Information about you from third-party websites, social media platforms, including, but not limited to, Twitter, Instagram, Facebook and LinkedIn (“Social Media Platforms”), and/or sources providing publicly-available information (e.g., from the U.S. postal service) to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.  

Information we may access about you, with your consent, may include, but is not limited to, your basic Social Media Platform information, your location data, your list of contacts, friends or followers, and certain information about your activities on the Social Media Platform.  Please keep in mind that when you provide Information to us on a third-party website or platform (for example, via our applications), the Information you provide may be separately collected by the third-party website or the Social Media Platform.  

This Privacy Policy only applies to Information collected by our Website. We are not responsible for the privacy and security practices of those other websites or Social Media Platforms or the Information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.

II. HOW WE USE YOUR INFORMATION

A. Use and Purpose of Processing Your Information

We use and process your Information for things that may include, but are not limited to, the following:

• To provide you with information, including about our services and related products, promotions, webinars, and other content;
• To respond to your inquiries and provide you with requested information and other communications, including by email;
• For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
• To manage, improve and foster relationships with third-party service providers, including vendors, suppliers, parents, Affiliates, subsidiaries, and business partners;
• To maintain, improve, customize, or administer the Website, perform business analyses, or other internal purposes to improve the quality of our business, the Website, resolve technical problems, or improve security or develop other products and services;
• To comply with our Terms & Conditions of Use;
• For analytics for business purposes and business intelligence;
• To comply with any applicable laws and regulations and respond to lawful requests; and/or
• For any other purposes disclosed to you at the time we collect your Information and/or pursuant to your consent.

We may also use Information that has been de-identified and/or aggregated for purposes not otherwise listed above.

B.   Sharing Your Information

We may share your Information as set forth in the Privacy Policy and in the following circumstances:

5.     Third-Party Service Providers

We may share your Information with third-party service providers or data processors that perform certain functions or services on our behalf (such as to host our Website, provide services, store, or manage the data, perform analyses, provide customer service, or send communications for us). These third-party service providers will process this data only for purposes specified by us. In some instances, we may aggregate Information we collect so third parties do not have access to your identifiable Information to identify you individually.

6.     Disclosure of Information for Legal and Administrative Reasons

We may disclose your Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory, or administrative requirements of governmental authorities (including, but not limited to, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property, or safety of us, our Affiliates, and any of their officers, directors, employees, attorneys, agents, contractors and partners, and our Website users; (v) to enforce or apply our Terms & Conditions of Use; and (vi) to verify the identity of the user of our Website.

7.     Information Shared with our Subsidiaries and Affiliates

We may share your Information with Affiliates. “Affiliates” means any entity controlled by, controlling, or under common control with us. Our Affiliates shall use and distribute your information in accordance with the terms of this Privacy Policy. If you do not want us to share your Information with our subsidiaries and Affiliates, please contact us via the Contact Us section.

8.     Business Transfers

Your Information may be transferred, sold, or otherwise conveyed to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize. You agree to any and all such conveyances of your Information.

9.     De-Identified or Aggregated Data

We may share your Information on an aggregated basis for any purpose in which your specific personal Information not identifiable. 

10.     With Your Consent

We may share Information consistent with this Privacy Policy with your consent. 

Except as provided in this Privacy Policy, we will not sell, exchange, trade, or disclose your Information we have collected without your consent.

I.      LINKS TO OTHER WEBSITES

Our Website may contain links to other websites or services that are not owned or controlled by us, including links to Social Media Platforms, or may redirect you off our website away from our Website to other websites for information, other services, or to receive special offers, or for transactions or purchases. 

This Privacy Policy only applies to Information collected by our Website. We are not responsible for the privacy and security practices of those other websites or Social Media Platforms or the Information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.

II.    INFORMATION SECURITY

We use commercially reasonable measures to protect Information we receive from misuse, acquisition, deletion, or unauthorized access or disclosure. We have controls in place designed to secure and safeguard such Information, however, you should assume that no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure. Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure. We do not guarantee that your Information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.

If you believe that your Information has been accessed or acquired by an unauthorized person as a result of using our Website, you should promptly contact us via the How to Contact Us section so that we can promptly take necessary measures.

III. DATA RETENTION

We will retain your Information for as long as needed to provide you Website. If you wish to request that we no longer use your Information to provide you our Website, please contact us at PrivacyNotice@uptempo.io. We will retain and use your Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. In accordance with our routine record keeping, we may delete certain records that contain Information you have submitted to us. We are under no obligation to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.

IV.  YOUR CHOICES

A.   Email

By using our Website, you agree that we may contact you by email as set forth herein. If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications or see How to Contact Us below for more information. 

B.    Location Choices

You can change the privacy settings of your device at any time to turn off the sharing of location information with our Website. If you choose to turn off location services, this could affect certain features or services of our Website. If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.

A.   Cookies

If you want to delete any cookies that are already on your computer, please refer to your file management software to locate the file or directory that stores cookies. Other information on deleting or controlling cookies is available at www.allaboutcookies.org. Please note that by deleting cookies or disabling future cookies, you may not be able to access certain areas or features of our Website.

B.    Opting Out of Direct Marketing by Third Parties 

To exercise choices regarding the marketing information you receive, you may also review the following links: 

·      You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices.

·      You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1 or visiting About Ads at http://optout.aboutads.info.

·      You can opt-out of having your activity on our Website made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser. 

V.   NOTICE TO CALIFORNIA RESIDENTS

To the extent any California data privacy law applies to the collection of your Information, this supplemental section of our Privacy Policy outlines how California residents can receive their personal Information, what you can receive, and applies solely to California residents. We provide the supplemental selection below to comply with the California Consumer Privacy Act of 2018 (“CCPA”), and any terms defined in the CCPA have the same meaning when used below.  

A.   Right to Know and Access to Specific Information and Data Portability Rights

California residents have the right to request that Company disclose certain information to you about Company’s collection and use of your Personal Information over the past twelve (12) months. Once Company receives and confirms a verifiable consumer request from you, Company will disclose to you, to the extent permitted by law:

·      The categories of Personal Information Company collected about you.

·      The categories of sources for your Personal Information Company collected about you.

·      Company’s business or commercial purpose for collecting your Personal Information.

·      The categories of third parties with whom Company shares your Personal Information.

·      If we disclosed your Personal Information for a business purpose, the Personal Information categories that each category of recipient obtained.

You shall have the right to request that the Information described above be provided to you in a portable and readily useable format, to the extent technically feasible (“data portability”).

Company does not sell your Personal Information.

B.    Deletion Request Rights

You have the right to request that Company delete certain of your Personal Information that Company collected from, and/or related to you and retained, subject to certain exceptions.

To the extent that Company can delete your Personal Information, once Company receives and confirms your verifiable consumer request, Company will delete (and direct our service providers to delete) your Personal Information, unless an exception applies.

We may deny your deletion request if retaining the Information is necessary for us or our service providers to:

·      Complete the transaction for which we collected your Personal Information, provide a good or service that you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you.

·      Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

·      Debug products to identify and repair errors that impair existing intended functionality.

·      Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

·      Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

·      Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the Information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

·      Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

·      Comply with a legal obligation.

·      Make other internal and lawful uses of that Information that are compatible with the context in which you provided it.

C.   Exercising Your Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to Company by either:

Contacting us at PrivacyNotice@uptempo.io; or 

Calling us at 678-735-7363.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must:

·      Provide sufficient information that allows Company to reasonably verify you are the person about whom Company collected Personal Information or an authorized representative.

·      Describe your request with sufficient detail that allows Company to properly understand, evaluate, and respond to it.

D.   Authorized Agent

You may use an authorized agent to submit verifiable consumer requests on your behalf. An authorized agent is a natural person or a business entity that you have authorized to act on your behalf. If you use an authorized agent, we will require: (i) proof of written permission for the authorized agent to make requests on your behalf, and identity verification from you; or (ii) proof of power of attorney pursuant to California Probate Code sections 4000 to 4665. We may deny a request from an authorized agent that does not submit proper verification proof.

E.    Non-Discrimination

We may not, and will not, treat you differently because you of your Data Subject Request activity.  As a result of your Data Subject Request activity, we may not and will not deny goods or services to you, charge different rates for goods or services, provide a different level quality of goods or services, or suggest any of the preceding will occur. However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your Personal Information.

F.    Verifying Requests

To help protect your privacy and maintain security, if you request access to or deletion of your Personal Information, we will take steps and may require you to provide certain information to verify your identity before granting you access to your Personal Information or complying with your request.  In addition, if you ask us to provide you with specific pieces of Personal Information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request. If you designate an authorized agent to make a request on your behalf, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us (as described above).

G.   Authorized Agents

You may use an authorized agent to submit an access or deletion request. If you elect to use an authorized agent, you must provide the authorized agent with written authorization. In addition, you may be required to verify your identity directly with us. We may deny a request from an agent that does not provide written proof of authorization or if the agent fails to provide sufficient information needed to verify your identity. Such requirements shall not apply you provide the authorized agent with power of attorney, pursuant to Cal. Prob. Code Sections 4000 to 4465.

H.   Shine the Light Requests

California Civil Code Section 1798.83 permits you to opt out of the disclosure of your personal Information by Company to third parties for the third parties’ direct marketing purposes. To make an opt-out request of such disclosures, please send an email to PrivacyNotice@uptempo.io.

I.     Additional Information

To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. This statement is available in alternative formats upon request by emailing us at PrivacyNotice@uptempo.io or calling us at 678-735-7363.

VI. NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA AND THE UK

This section applies only to individuals coming to our Website from within the European Union (EU), the European Economic Area (EEA), and the UK, and only if we collect through the Website any Information from you that is considered “Personal Data,” as defined in the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018.

Personal Data includes any information relating to an identified or identifiable natural person, who could be identified either directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person (which may include some or all your Information as defined in this Privacy Policy).  

A.   Identity and Contact Details of Controller and EU Representative

Unless otherwise stated, we are the Data Controller for the Information we process. 

Contact Details: 

Email:  PrivacyNotice@uptempo.io

Call us: 678-735-7363

Write us: 11501 Alterra Parkway, Suite 425, Austin, TX 78746 USA, Attention: Legal Department

B.    Your Data Protection Rights 

To the extent the GDPR and Data Protection Act 2018 apply, and we hold your Information in our capacity as a Data Controller as defined under those laws, you may request that we:

·       Restrict the way that we process and share your Information; 

·       Transfer your Information to a third party; 

·       Provide you with access to your Information;  

·       Remove your Information if no longer necessary for the purposes collected; 

·       Update your Information so it is correct and not out of date; and/or 

·       Object to our processing of your Information.  

You may also revoke your consent for processing of your Information.  If you wish exercise your rights,  object to the use and processing of your Information, or withdraw consent to this Privacy Policy in accordance with this Privacy Policy, you can contact us in the following ways: 

Email:  PrivacyNotice@uptempo.io

Call us: 678-735-7363

Write us: 11501 Alterra Parkway, Suite 425, Austin, TX 78746 USA, Attention: Legal Department

The requests above will be considered and responded to in the time-period stated by applicable law. Note, certain Information may be exempt from such requests. We may require additional Information from you to confirm your identity in responding to such requests.

You have the right to lodge a complaint with the supervisory authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly. Please contact us at:  

Email:  PrivacyNotice@uptempo.io

Call us: 678-735-7363

Write us: 11501 Alterra Parkway, Suite 425, Austin, TX 78746 USA, Attention: Legal Department

C.   Lawful Basis for Processing Your Information  

The lawful basis for our processing of your Personal Data will depend on the purposes of the processing. Depending on what Personal Data we collect from you and how we collect it, we may rely on the following grounds for processing your Personal Data:

·      Processing on the basis of legitimate business interests. When we process Personal Data on the basis that the processing is necessary for our legitimate business interests, such interests include: (i)  providing, improving, and promoting our products and services; (ii) communicating with current and potential customers, other business partners, and their individual points of contact; (iii) managing our relationships with our customers and other business partners, and their individual points of contact; (iv) other business development purposes; (v) sharing information within Company, as well as with service providers and other third parties; and (vi) maintaining the safety and security of our products, services and employees, including fraud protection.

·      Processing on the basis of performance of a contract. Examples of situations in which we process Personal Data as necessary for performance of a contract include e-commerce transactions in which you purchase a service from Company.

·      Processing on the basis of consent. Examples of processing activities for which Company may use consent as its legal basis include: (i) collecting and processing precise location information from your mobile device; (ii) sending promotional emails when consent is required under applicable law; and (iii) processing Personal Data on Company Website through cookies and similar technologies when consent is required by applicable law.

·      Processing because Company is under a legal obligation to do so. Examples of situations in which Company must processes Personal Data to comply with its legal obligations include: (i) providing your Personal Data to law enforcement agencies and other governmental bodies when required by applicable laws; (ii) retaining business records required to be retained by applicable laws; and (iii) complying with court orders or other legal process.

If the processing of your Information is based on your consent, the GDPR and Data Protection Act 2018 also allow users the right to access, revoke or modify your consent at any time. Please see the How to Contact Us section, below, to review or modify your consents. 

D.   Consent to Transfer

We are operated in the United States, and we may use service providers based in the United States to operate our business and our relationship with you. Please be aware that Information, including your Personal Data, that we collect will be transferred to, stored, and processed in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. We maintain measures to address the transfer of your Personal Data between our group companies and between us and our third-party providers in accordance with applicable data protection laws and regulations. 

E.    Retention

We will retain your Information for as long as needed for the purposes described in this Privacy Policy. More specifically, the time we maintain your Information depends on the following factors:

·      Whether we need the Information to provide the Website. We will maintain any data needed to provide you with the Website, such as contact information and payment or transaction information, for as long as needed for us to provide you with the Website, respond to your questions and requests, and/or administer your account (if applicable).

·      Whether we need the Information to comply with our legal obligations. We may have legal obligations to maintain your Information where a legal or regulatory body may ask for it in the future, for example in response to a data subject request or complaint. This information may include contact information and location information.

·      Whether we need the Information for a legitimate business interest. We may store Information like contact information, cookies, and location information in order to perform analytics, troubleshoot errors, or improve our Website. In any event, we delete the Information when it is no longer needed for our legitimate interest.

Regardless of our reason for retaining your Information, we delete all Information in accordance with our routine record keeping policies.

VII.                  NOTICE TO INDIVIDUALS IN BRAZIL

This Section applies only to individuals coming to our Website from Brazil, and only if we collect through our Website any Information from you that is considered “Personal Data,” as defined in the Brazilian General Data Protection Law (LGPD).

Personal Data includes any information relating to an identified or identifiable natural person (which may include some or all your Information as defined in this Privacy Policy).  

F.    Identity and Contact Details of Controller and Data Protection Officer  

Unless otherwise stated, we are the Data Controller for the Information we process. 

Contact Details: 

Email:  PrivacyNotice@uptempo.io

Call us: 678-735-7363

Write us: 11501 Alterra Parkway, Suite 425, Austin, TX 78746 USA, Attention: Legal Department

G.   Your Data Protection Rights 

To the extent the LGPD applies, and we hold your Information in our capacity as a Data Controller as defined under those laws, you may request that we:

·       Confirm we are processing your Information

·       Provide you with access to your Information;  

·       Update your Information so it is correct, complete and not out of date; 

·       Transfer your Information to a third party; 

·       Delete Information we were processing with your consent;

·       Anonymize, block, or delete unnecessary or excessive data or data processed in noncompliance with the LGPD;

·       Share information about the entities with which we’ve shared your Information; and/or

·       Restrict the way that we process and share certain types of your Information; 

You may also revoke your consent for processing of your Information. We may not, and will not, treat you differently because of your Data Subject Request activity. However, if you revoke consent, we may be unable to provide all of our Website to you. If you wish to exercise your rights or withdraw consent to this Privacy Policy you can contact us in the following ways: 

Email:  PrivacyNotice@uptempo.io

Call us: 678-735-7363

Write us: 11501 Alterra Parkway, Suite 425, Austin, TX 78746 USA, Attention: Legal Department

The requests above will be considered and responded to in the time-period stated by applicable law.  Note, certain Information may be exempt from such requests. We may require additional Information from you to confirm your identity in responding to such requests.

You have the right to lodge a complaint with the national authority, although we invite you to contact us with any concern as we would be happy to try and resolve it directly.  Please contact us at:  

Email:  PrivacyNotice@uptempo.io

Call us: 678-735-7363

Write us: 11501 Alterra Parkway, Suite 425, Austin, TX 78746 USA, Attention: Legal Department

H.   Lawful Basis for Processing Your Information  

The lawful basis for our processing of your Personal Data will depend on the purposes of the processing.  Depending on what Personal Data we collect from you and how we collect it, we may rely on the following grounds for processing your Personal Data:

·      Processing on the basis of legitimate business interests.  When we process Personal Data on the basis that the processing is necessary for our legitimate business interests, such interests include: (i)  providing, improving, and promoting our products and services; (ii) communicating with current and potential customers, other business partners, and their individual points of contact; (iii) managing our relationships with our customers and other business partners, and their individual points of contact; (iv) other business development purposes; (v) sharing information within Company, as well as with service providers and other third parties; and (vi) maintaining the safety and security of our products, services and employees, including fraud protection.

·      Processing on the basis of performance of a contract. Examples of situations in which we process Personal Data as necessary for performance of a contract include e-commerce transactions in which you purchase a service from Company.

·      Processing on the basis of consent. Examples of processing activities for which Company may use consent as its legal basis include: (i) collecting and processing precise location information from your mobile device; (ii) sending promotional emails when consent is required under applicable law; and (iii) processing Personal Data on Company Website through cookies and similar technologies when consent is required by applicable law.

·      Processing because Company is under a legal obligation to do so. Examples of situations in which Company must processes Personal Data to comply with its legal obligations include: (i) providing your Personal Data to law enforcement agencies and other governmental bodies when required by applicable laws; (ii) retaining business records required to be retained by applicable laws; and (iii) complying with court orders or other legal process.

If the processing of your Information is based on your consent, LGPD also allow users the right to access, revoke or modify your consent at any time. Please see the How to Contact Us section, below, to review or modify your consents. 

If the processing of your Information is based on your consent, LGPD also allows users the right to access, revoke or modify your consent at any time. Please see the How to Contact Us section, below, to review or modify your consents. 

I.     Consent to Transfer

We are operated in the United States, and we may use service providers based in the United States to operate our business and our relationship with you.  Please be aware that Information, including your Personal Data, that we collect will be transferred to, stored, and processed in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. We maintain measures to address the transfer of your Personal Data between our group companies and between us and our third-party providers in accordance with applicable data protection laws and regulations. 

J.     Retention

We will retain your Information for as long as needed for the purposes described in this Privacy Policy. More specifically, the time we maintain your Information depends on the following factors:

·      Whether we need the Information to provide the Website. We will maintain any data needed to provide you with the Website, such as contact information and payment or transaction information, for as long as needed for us to provide you with the Website, respond to your questions and requests, and/or administer your account (if applicable).

·      Whether we need the Information to comply with our legal obligations. We may have legal obligations to maintain your Information where a legal or regulatory body may ask for it in the future, for example in response to a data subject request or complaint. This information may include contact information and location information.

·      Regardless of our reason for retaining your Information, we delete all Information in accordance with our routine record keeping policies.

VIII.              GEOGRAPHIC LOCATION OF DATA STORAGE AND PROCESSING

Our Website collect Information and process and store that Information in databases located in the United States. As such, we may store and process Information on servers located outside of the country where you originally deposited the data. If you are visiting our Website from a country outside the United States, you should be aware that you may transfer personally identifiable information about yourself to the United States, and that the data protection laws of the United States may not be as comprehensive as those in your own country. We have implemented measures to address the transfer of your personal Information between our group companies and between us and our third-party providers in in accordance with European data protection laws and regulations.  By visiting our Website and submitting any Information you consent to the transfer of such Information to the United States.

IX. ACCESSING, CORRECTING, OR DELETING YOUR INFORMATION

To the extent other state laws provide users with additional data subject rights, those rights may be honored by the Company following proper authentication and verification.  Please see the How to Contact Us section below for more information.

X.   CHILDREN’S INFORMATION

The Website are intended only for users over the age of eighteen (18).  If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of thirteen (13).

XI. CHANGES TO THIS PRIVACY POLICY

We reserve the right to change, modify, or amend this Privacy Policy at any time to reflect changes in our products and service offerings, accommodate new technologies, regulatory requirements, or other purposes.  If we modify our Privacy Policy, we will update the “Effective Date” and such changes will be effective upon posting. It is your obligation to check our current Privacy Policy for any changes.

XII.              HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Information we have collected about you, please contact us at the following:

Email:  PrivacyNotice@uptempo.io

Call us: 678-735-7363

Write us: 11501 Alterra Parkway, Suite 425, Austin, TX 78746 USA, Attention: Legal Department

Last updated: July 25, 2022