Last updated: August, 1 2024

Subject

This Privacy Policy (the “Policy”) describes how Upswot Inc. collects, uses, and shares information about You that we obtain through Your use of upSWOT Website and any services, materials, publications, and communications provided to You (collectively, the “Software”). Portions of the Software may be available to You through the mobile Software, websites, or other internet properties (collectively, “Apps”) provided by a Service Partner (defined below). This Policy also describes the choices available to You regarding Our use of Your personal information and how You can access, update, and request deletion of such information. Capitalized terms that are not defined in this Policy have the meaning given to them in the Terms of Service Agreement.

When used in this Policy, the following terms will have the respective meanings indicated; such meanings to be applicable to both the singular and plural forms of the terms defined:

• Software – means the computer program "upSWOT" (both as a whole and its components, elements, etc.) that helps SMBs/commercial customers with business management tools designed to manage bank accounts and transactions, generate actionable insights, cash flow forecasts, business valuation and improve business credit scores powered by API-enabled apps.
• Account – means a personal profile or identity that You create within Software.
• Services – means a specific set of features, tools, and functionalities available within the Software. These Services are designed to assist Users in various aspects of business management, including but not limited to managing bank accounts and transactions, generating actionable insights, forecasting cash flow, estimating business valuation, and enhancing business credit scores. Each Service within the Software leverages the underlying capabilities and integrations of the Software to deliver targeted solutions and support to SMBs and commercial customers.
• Service Parthner – means any third party that provides Users with access to the Software and its Services. This includes entities that either sponsor direct access to the Software or integrate the Software into their existing digital environment or infrastructure through which Users can interact with the Software and utilize its features. Service Partners may include credit unions, banks, lenders, credit card issuers, financial institutions, insurance providers, technology service providers, and similar entities.
• Third-Party Services/Apps – means third-party Internet services (social networks, cloud storage, payment services, banking services, goods delivery services, e-Commerce platforms, government registries, CRM systems, accounting programs, etc.) that provide their own API for managing their functionality and receiving data and which are integrated with the Software, in which User has a registered account.
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Use or Using means to access, install, download, copy, or otherwise benefit from using the functionality of the Software.

Upswot Inc. or “We,” "Us," "Our," or "upSWOT" means Upswot Inc. and its affiliates and subsidiaries (and their predecessors in interest, successors, and assigns).
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You or "Yours" "Your" or "Yourself" refers to the User using the Software, and if such User is using the Software on behalf of an entity or organization, then it means such entity or organization (and each of Your predecessors in interest, successors, and assigns).
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Website means https://upswot.com/

Consent

1. Please read this Privacy Policy carefully to understand Our policies and practices regarding Your information and how We will treat it. By accessing and using any of the Software (directly or through the Service Partner), You agree to the terms and conditions of this Privacy Policy. If You do not agree to the terms and conditions of this Privacy Policy, please do not access or use the Software (directly or through the Service Partner) or provide any information to Us.

2. We recognize that when You provide Us with information about Yourself or Your business, You trust Us to act responsibly, and We are committed to making sure that We earn this trust. We take Your privacy extremely seriously, and We will not sell any information We collect, nor will We share it with third parties unless You provide clear consent, it is required by applicable laws and regulations, or for a valid legal reason.

Data Processor and Data Controller

1. When upSWOT provides the Software directly to Users, upSWOT acts as both a data controller and data processor, as defined under applicable data protection laws. As a data controller, upSWOT determines the purposes and means of processing personal data. As a data processor, upSWOT processes personal data on behalf of Users and in accordance with Our Privacy Policy. In this context, the terms of upSWOT’s Privacy Policy govern the processing of
personal data. This includes how We collect, use, and protect personal data during interactions with Our Website, Services, and communications.

2. upSWOT processes data on behalf of Users or as directed by Users, and this Privacy Policy specifies the details of processing activities, including the types of data, categories of data subjects, the nature and purpose of processing, and the duration of processing. The privacy of all individuals for which upSWOT is a data controller is of great importance to upSWOT, and the User and/or any of its impacted personnel who provide data to upSWOT must carefully read the terms of upSWOT Privacy Policy, which will apply wherever the User uses upSWOT Services.

3. When the Software is accessed through a Service Partner, upSWOT and the Service Partner jointly act as data controllers. This means that both parties determine the purposes and means of processing Your personal data collaboratively. For any inquiries about how the Service Partner handles Your personal data, or to exercise Your rights related to the data they control, please contact the Service Partner directly.

4. The User acknowledges that the upSWOT may rely on third-party systems and services to deliver Our Services effectively. In such cases, upSWOT may share data with these third parties as necessary to ensure the proper functioning of Our Services. This sharing is done in accordance with Our Privacy Policy and relevant data protection laws.

5. upSWOT will:

• comply at all times with applicable privacy and data protection laws;
• take all reasonable steps to protect the security and integrity of (i) information that can be used to establish the identity of an individual, (ii) sensitive information about an individual, and (iii) data;
• take reasonable steps to notify the User if upSWOT becomes aware of any disclosure of: (i) the User's data or other data that can be used to establish the identity of an individual or (ii) sensitive information about an individual that is associated with the User.

Personal Information We Collect

We collect personal data when You use Our Website, Software, make an inquiry, or communicate with Us. This includes:

• Information about Your use of Our online content and emails: How You came to Our Website, which pages You visited, how long You remained on a page or viewed content, and whether You opened an email or clicked a link. To collect this data, We use cookies and other tracking technologies.
• Communication Information: Information provided when You communicate with Us by phone, email, webform, or chat, including records of Your contact, Your country and language, Your email address or other contact information, and other information about the reasons for the communication.
• Business Information: Information about Our prospective customers and businesses from introducers, third-party companies, and other data enrichment sources, and from public sources like Facebook, LinkedIn, or Twitter etc.
• Marketing Preferences: Whether You have agreed to receive marketing information or newsletters about Our Services or whether You have opted out, and the types of services that may interest You.
• Account Registration Information: When You register for an Account, We may collect personal data to set up and administer Your account. This may include information about the company's employees, directors, trustees, or beneficial owners, identification information (such as name, company name, email address, phone number, birthdate, address details), and login and encrypted password details for accessing Your Account in the Software.
• Device and Connection Information: The type of device used to access Our Services, operating system and version, device identifiers, network information, login records, IP address, and location derived from it.
• Third-Party Apps data: Data from third-party apps when You consent to authorize the Software to access Your data, such as financial information, transaction information, details of transactions made, names and other details of transacting parties, transaction descriptions, payment amounts, and billing information.
• Service Partner Data: If You access the Software via a Service Partner, such as online banking or other services, You authorize Us to continuously obtain Your data and information from the Service Partner, such as a list of bank accounts, bank account details, bank transactions, and other data for the purpose of providing You with the features of the Software and to share it with Service Partners.
• Pixel Tags: We, Our service providers, and/or non-affiliated third parties, may use pixel tags, web beacons, clear GIFs, or similar means (collectively, “Pixel Tags”) in connection with some website pages and HTML-formatted email messages to compile aggregate statistics about website usage and response rates.
• Payment Information: Transaction information and details of transactions made by You, such as the names of transacting parties, a transaction description, payment amounts, billing.

We collect Personal Information from the following sources:

• Directly from You through Your use of and interactions with the Software;
• From Service Partners with which You have a preexisting relationship;
• From Service Partners making Offers to You with which You may or may not have a preexisting relationship.

How do We Use Personal Data

• Providing Services: We use personal data where it is necessary to provide Our Services to You, communicate with You, and prevent unauthorized use of Our Services.
• Personalized Offers: We may use personal information collected about You to provide You with products, services, or financial recommendations, as well as personalized offers from Our Service Partners. Specifically, we may share Your information with Service Partners to provide You with specific commercial finance products such as credit cards, loans, and others.
• Internal Business Purposes: We use personal data for internal business purposes, such as data analysis and audits, enhancing Our information, and aiding Us in providing Our customers with targeted promotions.
• Communication with Business Contacts: With Your consent, We may use Your personal data to communicate with Your business contacts or counterparties, such as notifying them about due payments or other important updates related to Your business operations.
• Research and Marketing: We may share anonymous or aggregate information that cannot be used to identify You with third parties for research, marketing, and promotional purposes.
• Legal and Compliance: We use personal data in connection with legal claims, compliance, regulatory and audit functions, and in connection with the acquisition, merger, or sale of a business.
• Required by Law: We use personal data to comply with the requirements of the law We operate under and as required in other exceptional circumstances.

How is Personal Data Shared

• Voluntary Disclosure: You are under no obligation to provide any personal data. However, if You choose to withhold the requested information, We may not be able to provide You with certain Services.
• Business Transfers: If ownership or control of all or part of Our business or assets changes, We may transfer personal data to the new owner.
• Service Providers: We work with third parties who have access to personal data when they provide Us with services like technical infrastructure, web and app development, marketing, analytics, and survey tools. We impose strict restrictions on how Service Providers store, use, and share data on Our behalf.
• Legal Requirements: In exceptional circumstances, We share personal data with government agencies and other third parties if We believe it is reasonably necessary to comply with law, regulation, legal process, or governmental request; to enforce Our agreements, policies, and terms; to protect the security of Our Services; to protect Us and customers or the public from harm or illegal activities; or to respond to an emergency.

International Transfers

Our Services are offered from Our USA headquarters. For our clients operating outside the USA, personal data may also be stored and accessed by Service Providers located in countries in the European Union and the United Kingdom.

When We work with a Service Provider or Our subsidiary, we look for a legal mechanism that requires them to protect data to the USA standards. For example, the Service Provider has signed on to the EU-US Privacy Shield, operates under the USA–approved binding corporate rules, or is in a country that the USA recognizes as one that has adequate data protection laws. Where no other legal mechanism exists, We enact the USA–approved standard contractual data protection clauses in Our contracts.

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Our Services are available in a number of countries around the world. If you use our Services outside the USA, personal data will be transferred as necessary to complete this transaction.

California Privacy Rights

California residents may be entitled to additional rights over their personal information. The CCPA provides California residents with specific rights regarding their personal information. This notice describes Your CCPA rights and explains how to exercise those rights. It also includes information regarding the collection, use, disclosure, and sale of personal information and the rights of consumers regarding their own personal information.
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upSWOT does not sell Your personal information to anyone, including third parties, as defined under the CCPA. Information You provide to upSWOT is used for business purposes. The CCPA outlines several categories for which personal information may be used for business purposes, including: auditing, security, debugging/repair, certain short-term uses, performing services, internal research for technology development, as well as for quality and safety maintenance and verification. upSWOT uses the following categories of personal information for business purposes:
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• Identifiers: This includes real names, postal addresses, email addresses, account information, online identifiers, IP addresses, Social Security numbers, personal preferences, and attributes via cookies or other similar identifiers.
  
• Information from third-party data providers: This includes consumer credit information, which is used when fulfilling information requests made by You when ordering credit-related products through the Software.
• Other information You may provide to Us: This may include additional information such as the city of birth and mother’s maiden name, which can be used to verify Your identity if You forget Your login information required for the Software. This category also includes information You provide through customer service correspondence and general feedback.

For more information on how upSWOT uses Your personal information, visit the “How do We Use Personal Data” section in upSWOT’s Privacy Policy.

To exercise Your rights under the CCPA, please contact Us at support@upswot.com.

While You have the right to delete, there are certain legal exceptions, including when the personal information is necessary to complete a transaction for which We collected it or to comply with a legal obligation. When submitting a request, please note that upSWOT may claim legal exemptions for
certain requests pursuant to various CCPA exemptions.

upSWOT will not discriminate against You for exercising Your rights under the CCPA. If You have exercised Your rights under the CCPA, some Services may not be available to You when directly related to the collection of Your information, as permitted by the CCPA.

Cookie Notice

Cookies are essential for enhancing Your experience with our Services. We use cookies to ensure that accessing and using our Services is easy, secure, and convenient. These cookies help store session state information and enable seamless authorization with Third-Party Apps. Please note: If You choose to decline cookies through Your browser's settings, certain features, including authorization with Third-Party Apps, may not function properly.

Your Rights and Choices

Most of the data We collect and the purposes We use for it are necessary for Us to operate and improve Our Services or comply with Our obligations as data processors. When You use the Services available in the Software, we might request Your consent for Your data processing. When You grant consent, You may withdraw it at any time to stop any further processing. You can also ask Us at any time not to send or carry out direct marketing or to stop using certain kinds of cookies through Your browser's settings.
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You may have certain rights under data protection law. These include the right to ask Us for a copy of Your personal data, to correct, delete, or restrict processing of it, and to obtain personal data in a format You can share with a new provider. You may have the right to object to processing. These rights may be limited in some situations – for example, where We can demonstrate that We have a legal requirement to process Your data.

How Long Do We Keep Personal Data

We will retain any personal data that You voluntarily provide during the course of Your interactions with Us in providing Our Services and in line with Our retention policies.

We also keep personal data for other legitimate business purposes, such as complying with Our legal obligations, resolving disputes, security reasons, and enforcing Our agreements. Because these needs can vary for different data types used for different purposes, retention times will also vary. All personal data will be obliterated or deleted at the end of its retention period in accordance with Our retention and secure disposal policy. However, no data will be stored for longer than 10 years.

Changes and Updates to This Privacy Policy

We may update this Privacy Policy to reflect changes to Our information practices. If We make changes to this Privacy Policy, We will post a revised version of this Privacy Policy on the Websites. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” date at the top of this Privacy Policy. Your continued access to or use of any of the Websites and/or the Software after any changes to this Privacy Policy have been posted shall constitute Your agreement and consent to such changes. Please return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

Contact Information

If You have any questions or comments about this Privacy Policy or Our privacy practices, You can contact Us as follows:

By email at: support@upswot.com

‍By mail at:
Upswot Inc.
1646 W Hwy 160,
Suite 105 469,
Fort Mill, SC 29708