PREAMBLE

Thank you for visiting the Upswot website. The aim of this privacy notice (“Privacy Notice”) is to clearly explain what, how and why we collect the information about you and what we do with this information.

We recognize that when you provide us with information about yourself or your business, you trust us to act in a responsible manner and we are committed to make 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 party organizations unless you provide clear consent or if required by applicable laws or for a valid legal reason.

WHAT IS UPSWOT?

Upswot is focused on making integrations third-party services to simplify financial decision-making.

The white-label (both on-prem and private cloud) platform automatically integrates, structures, and analyses authorized data from the Accounting, CRM, WEB analytics, eWallets, ERP, and eCommerce systems that SMBs already use

Our technology provides ongoing underwriting, financial re-assessment, and continuous monitoring of all positive and negative business events affecting the SMBs’ finances, needs, and issues in real-time

Based on the insights, Upswot helps Lenders & Carriers cross-sell more effectively, and in a highly personalized way by sending not the spam but highly personalized and relevant offers to the right SMB at the right time

Acting as a data processor with regards to our product and a data controller with regards to our marketing website, for the personal data involved when you use or visit our website or communicate with us, or transact with a business while using our products and services, our contact details are:
Upswot Inc.
919 North Market Street, Suite 950
Wilmington, DE 19801
info@upswot.com

Our clients who use our software services are data controllers. If you have questions about how data controllers handle your personal data, or if you wish to exercise your rights for the personal data they hold, please contact them directly.

WHAT PERSONAL DATA DO WE COLLECT?

Visitors
We collect personal data when you use our website, make an inquiry or communicate with us. This includes:

  • Information about your use of our online content and emails, such as how you came to our website, which pages you visit, how long you remain on a page or view content, and whether you opened an email or clicked a link. To collect this data, we use cookies and other tracking technologies.
  • 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 that tells us more 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.
  •  Marketing preferences, such as 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
  • When you choose to submit a CV or business plan to us, you are voluntarily giving us information that may include personal data. We will use the information you give to provide a service, only in the context in which you have contacted us about.

Upswot’s clients
With regard to our clients, we sometimes collect personal data when you enquire about, set up, administer and use a Upswot account.

This may include information about your company’s employees, directors, trustees or beneficial owners.

Identification information, such as your name, company name, email address, phone number, birthdate, address details and in connection with an account sign-in facility, your log-in and password details.

Device and connection information, such as the type of device you use to access our services, operating system and version, device identifiers, network information, login records, IP address and location derived from it.

End-users of the Upswot product
For those businesses that consent to authorize Upswot’s clients to access their data held within third-party applications, we sometimes process the following data:

Identification information, such as your name, company name, email address, phone number, date of birth, address details and in connection with an account sign-in facility, your log-in and password details.

Financial information. Our clients, acting as Data Controllers, can choose the frequency with which they access this data; this can include bank account details, general company information, financial reports, bank statements, credit notes, invoices, and any other personal and financial details that are recorded in the third-party applications you have authorized them to access.

Transaction information and details of transactions made by you such as the names of transacting parties, a transaction description, payment amounts, billing.

Device and connection information, such as the type of device you use to access our services, operating system and version, device identifiers, network information, login records, IP address and location derived from it.

HOW DO WE USE PERSONAL DATA?

Using personal data to provide our services
We use personal data where it is necessary to provide our services to our clients in line with their instructions.

  •  We use personal data to communicate with you, like sending system notifications, alerting you to changes in the service, or providing customer support.
  •  We use personal data to prevent unauthorized use of our services. We may block access to users if we believe their use will violate our terms.
  • Furthermore, our website may contain links to other sites, terms of use of which will not be covered by this Privacy Statement. Please note Upswot is not responsible for the content or practices of any of these other websites. We keep our Privacy Notice under regular review and we may place any updates on this webpage.

Using personal data for our legitimate interests
We use personal data for our legitimate business interests. When we do, we make sure we understand and work to minimize its privacy impact. For example, we limit the data to what is necessary, control access to the data, and where we can, aggregate or de-identify the data.

  • We use personal data to develop and improve our products and services. For example, we might use data to analyze how people engage with our website and services so that we can develop new products or features.
  • We use personal data to promote our services, communicate news and industry updates, and host or participate in events.
  • Where we believe it is necessary to protect our legal rights and interests and the interests of others, 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.

Using personal data where required by law
We use personal data to comply with the requirements of law we operate under, and as required in other exceptional circumstances.

  • Under exceptional circumstances, we may be required by law to provide personal data to law enforcement agencies, courts or others in connection with claims and other litigation.

HOW IS PERSONAL DATA SHARED?

  • You are under no obligation to Upswot to provide any personal data. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.
  •  Upswot works with third parties who integrate our software services into their applications. You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.
  • If ownership or control of all or part of our business or assets changes, we may transfer personal data to the new owner. If the owner will use the data for purposes other than those disclosed here, they will take the steps required by law to ensure such purposes remain lawful.
  • We may work with service providers who have access to personal data when they provide us with services, like technical infrastructure, web and app development, and marketing, analytics and survey tools. We impose strict restrictions on how service providers store, use and share data on our behalf. We also work with companies who provide identity verification, background screening, due diligence, consulting and other regulatory services for us.
  • 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 Upswot and customers or the public from harm or illegal activities; or to respond to an emergency.

INTERNATIONAL TRANSFERS

Upswot’s services are offered from our USA headquarters. For Upswot clients operating outside of 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 an Upswot 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.

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.

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 a data processor. We tell you in the service where you can make a choice or grant consent. 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 to carry out direct marketing, or to stop using certain kinds of cookies.

You may have certain rights under data protection law. These include the right to ask Upswot 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.
Using your data protection rights
We would like it that you came to us in the first instance with any form of complaint. However, if you still have outstanding issues, you have the right to protect your rights under the US law.

HOW LONG DO WE KEEP PERSONAL DATA?

Upswot 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.

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