Last updated May 25, 2018
Welcome to the UpCurve Cloud ( “UpCurve Cloud”) website and related applications (the “Site”). UpCurve Cloud, through the affiliated companies UpCurve, Inc. dba UpCurve Cloud and ViWo, LLC, is a provider of cloud-based collaboration solutions (G Suite by Google Cloud), CRM, marketing automation, telephony, business intelligence and cloud hosting services (“Services”).
Information We Collect
Personal Data That You Provide Through the Site. We collect Personal Data that is voluntarily provided by you when you order products and services or register on our Site (including your name, email address, username, mailing address, phone number, payment and billing information or other details, as appropriate, that you elect to provide), or communicate with customer service. We also collect Personal Data that you enter on our Site or send to us electronically when you complete a web form to give Personal Data to us directly, such as on our “Contact Us” page.
Service Data. In providing the Services, we process on behalf of our customers that Personal Data that they upload or otherwise provide to us (“Service Data”). While our Customers decide what data to submit, Service Data typically includes information about customers, prospects, employees, consultants, independent contractors, suppliers and other individuals or third parties (“End Users”).
How Do We Use Your Information?
We may use the information we collect from you when you register or fill out a form on our Site, make a purchase or inquiry, sign up for our newsletter, respond to a survey or marketing communication, surf the Site, or use certain other Site features. We may use the information in the following ways:
To provide Services to customers and respond to requests. We use account-related data given to us by customers in connection with the purchase, sign-up, use or support of a customer account. Such information includes usernames, email address and billing information. We use this information to provide you with access to the Services and/or the Site, contact you regarding your use of the Services and/or the Site or to notify you of important changes to the Services and/or the Site. For EU data subjects, such use is necessary for the performance of the contract between you and us.
When you ask for information about the Services (for example, when you ask us to send you offers or price information), we will use your contact information to respond to your requests. For EU data subjects, such use is necessary to respond to or implement your request prior to entering into a contract with us.
We process Service Data on behalf of customers for the purpose of providing the Services to those customers in accordance with the applicable customer contract.
For marketing purposes. UpCurve Cloud, and its affiliates as described below, may use your contact details to tell you more about our Services and other services we believe may be of interest to you, upcoming events or other promotions. If we do so, each marketing communication we send you will contain instructions permitting you to "opt out" of receiving future marketing communications. Note however that as a user of our Services you cannot opt out of some administrative communications that are reasonably necessary to the provision of the Services, such as billing or service notifications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. UpCurve Cloud is part of the GateHouse Media family of companies, and has affiliates that provide online marketing services to small and medium sized businesses, and others that own and operate local newspapers and related websites. We may provide your information to those affiliates for the purposes described above, subject always to your right to opt out of marketing communications at any time.
Where required by applicable law (for example, if you are an EU data subject), we will only send you marketing information by email if you consent to us doing so at the time you provide us with your Personal Data. In this case, when you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you or by contacting us as provided under the “Contact Us” section below.
To analyze, administer, support, and improve use of the Site and the Services. We use data relating to your use of the Site and/or the Services to analyze, administer, support and improve your access to and use of the Site and the Services. For example, we use data about how and when you visit different parts of our Site in order to improve the structure of the Site. We may also compile, anonymize and/or aggregate your Personal Data and other data and use such anonymized and/or aggregated data for our business purposes, including sharing such data with affiliates and business partners. This aggregate information does not identify you individually. For EU data subjects, this use of your Personal Data is necessary for our legitimate interests in understanding how the Site and the Services are being used by you and to improve your experience on it.
Disclosure of Information
We share information with certain third parties, as follows:
Affiliates: We share information with our affiliates as described above in order to inform you about services we believe may be of interest to you that are provided by those affiliates. If we do so, each marketing communication we send you will contain instructions permitting you to "opt out" of receiving future marketing communications.
Third Parties Service Providers: We share information with our third party service providers as needed to assist us in operating our Site, conducting our business, and servicing you as a customer, including without limitation website hosting partners, data centers, sign-on authentication software providers, website analytics companies, providers of CRM, marketing and sales software solutions, customer support providers, and providers of billing and processing payments functions. Pursuant to our instructions, these parties may access, process or store Personal Data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.
Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.
Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or lawful requests by public authorities, including meeting national security or law enforcement requirements and applicable law, rule, order, or regulation, (ii) protect and defend the rights or property of UpCurve Cloud, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
We take reasonable and appropriate steps to protect the Personal Data provided via the Site or the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.
Our Site is scanned on a regular basis for security holes and known vulnerabilities. We use regular Malware Scanning. Your Personal Data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
Do we use 'cookies'?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information.
- to help us understand your preferences based on previous or current Site activity, which enables us to provide you with improved Services;
- to tell us whether you responded to an ad on our Site so that we can offer information about products and services that are more relevant to our users.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
If you turn cookies off, some features will be disabled, and some parts of the Site and some of our Services will not function properly.
To find out more about cookies and similar technologies, including how to see what cookies and similar technologies have been set and how to manage and delete them, visit www.allaboutcookies.org and/or or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org, and follow the opt-out instructions there. Or if you are located in the European Union, visit the European Interactive Digital Advertising Alliance’s Your Online Choices opt-out tool here. If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.
Third Party Links
California Do Not Track Disclosures
UpCurve Cloud does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to UpCurve Cloud through this Site please contact us as provided below and we will endeavor to delete that information from our databases.
EU Data Subjects
Data Controller: UpCurve Cloud is the data controller for processing your Personal Data provided through our Site. We are a data processor for Personal Data that our customers submit through our Services. Please see the “Contact Us” section below to find out how to contact us.
Your Rights: Subject to applicable law, you have the following rights in relation to your Personal Data:
- Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
- Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
- Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
- Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
- Right to data portability: Effective 25 May 2018, you have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
- Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
- If we are relying on a legitimate interest to process your Personal Data -- unless we demonstrate compelling legitimate grounds for the processing or
- If we are processing your Personal Data for direct marketing.
- Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent.
- Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.
- Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.
You may exercise your rights by contacting us as indicated under the “Contact Us” section below.
Changes to our Policy