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Privacy policy


PRIVACY POLICY

Last updated: January 31, 2023


OUR POLICY:

Welcome to Upside! Upside Services, Inc. (“Upside”, “we”, “us” and/or “our”)
operates the website (https://www.upside.com) (the “Site”), our iOS and Android
mobile application and related services (collectively, the “Services”) to our
Service visitors (“you”, “your”). This Privacy Policy sets forth Upside’s policy
with respect to the collection of personal data (including as defined under the
California Privacy Rights Act and Virginia Consumer Data Protection Act)
(collectively, “Personal Data”) from visitors to the Site and Services.

In addition, your access to and use of the Services is subject to the Terms of
Service available here, which may be updated by Upside from time to time.

By using the Services and voluntarily providing us with Personal Data, you are
consenting to our use of it in accordance with this Privacy Policy.  Our
Services are intended for individuals in the United States only.  If you provide
Personal Data to the Services, you acknowledge and agree that such Personal Data
may be transferred from your current location to the offices and servers of
Upside and the authorized third parties referred to herein located in the United
States.


INFORMATION WE COLLECT:

When you interact with us through the Services, we collect Personal Data and
other data from and about you in order to provide the Services (for example, to
provide you with the opportunity to earn Cash Back rewards).

Personal Data That You Provide Through the Services: We collect Personal Data
from you when you use the Services and voluntarily provide such information,
such as when you create an Upside account or upload an image of a receipt to
claim a rewards offer. This Personal Data may include:

 * Your email address and password, if you create an Upside account. We use this
   information to provide you with the Services, including to redeem your
   offers, communicate with you, and provide you with account security.
 * A unique social media identifier, and possibly your name and/or email
   address, if you log in to the Upside application using a social media
   account. We use this information to provide you with account security and to
   communicate with you.
 * A device identifier associated with your mobile device. We use this
   information to monitor your account for fraudulent activity.
 * Your history of Upside use, including transaction timestamps, site
   identifiers, transaction totals, Cash Back rewards earned, and the first six
   and last four digits of any credit cards used, if you use our Services and
   generate Cash Back rewards offers. We use this information to provide
   personalized Cash Back rewards offers to you in the future.
 * Images of your credit card receipts from transactions at Upside merchant
   partners, if you upload these images to the Services to claim Cash Back
   rewards offers. Depending on the merchant, such receipts may include
   additional Personal Data, such your full name or date of birth. We use the
   transaction information contained on these receipts to verify your claims for
   Cash Back rewards offers and to update your history of Upside offers. As
   discussed herein, we engage a third party provider, Amazon Web Services, to
   provide cloud storage where we store these images.
 * The first six and last four digits of any credit cards or debit cards you
   input into your Upside wallet, if you choose to use this feature for
   receiptless transactions. We use this information to verify your claims for
   Cash Back rewards offers and to enable receiptless check-in at certain
   partner merchant sites.
 * Geolocation information, if you enable location services on your mobile
   device. We use this information to verify your claims for Cash Back rewards
   offers and to notify you when you are near to one of our merchant partners.
 * A record of your touch screen interactions with the user interface for our
   Services (excluding data that you may input). We use this information to
   identify design problems with our user interface and to provide a better user
   experience.
 * A list of your contacts, including names and email addresses, if you upload
   individuals contacts in order to make referrals and generate referral
   bonuses. We use this information to offer our Services to individual contacts
   you designate, including referral bonuses.
 * The name of your financial institution(s) and the last four digits of your
   bank account number(s), if you choose to ‘cash out’ your Upside account by
   receiving a direct transfer to your bank account. We use this information to
   help distribute Cash Back rewards you have redeemed.
 * Your PayPal login email address, if you choose to ‘cash out’ your Upside
   account by receiving a direct transfer to your PayPal account. We use this
   information to help distribute Cash Back rewards you have redeemed.
 * For a small subset of users, we may collect additional categories of Personal
   Data that those users voluntarily provide to us while using the Services. For
   example, a user may provide contact information such as an email address,
   mobile phone number, or mailing address while interacting with customer
   support or entering an Upside sweepstakes. A user may provide a name, mailing
   address, and social security number for tax reporting purposes.  A user may
   provide a state of residence when submitting a privacy request.
 * In addition to these categories of Personal Data collected by Upside, Upside
   creates and assigns a unique user identifier (Upside UUID) to every Upside
   account at the time of creation..

Third Party Payment Processing. For some functionality, Upside relies on third
party service providers to collect and process Personal Data from users
directly, which may include through use of an application programming interface
(API) on the mobile application.

 * Users who add a credit or debit card to their Upside wallets or utilize the
   Pay with Upside feature are prompted to input their name, full credit card or
   debit card number, expiration date, CVC code, and zip code associated with
   their billing address.  This information is collected by a third party
   partner, Stripe, Inc., and is not shared with Upside. As outlined above,
   Upside only collects (through Stripe) the first six and last four digits of
   any card inputted through Stripe’s API. Stripe uses the Personal Data
   collected to validate your credit card or debit card and to initiate charges
   that you authorize. Stripe’s Privacy Policy is accessible here. Users who
   wish to exercise their rights regarding Personal Data collected by Stripe
   should contact Stripe directly.
 * Users who ‘cash out’ their Upside account by receiving a direct transfer to
   their bank accounts are prompted to log in to an online bank portal. This
   online portal is provided by Plaid, Inc., which shares no information with
   Upside but provides your full name, email address, the name of your financial
   institution, and your full bank account number to Dwolla, Inc. As outlined
   above, Upside only collects (through Dwolla) the name of your financial
   institution and the last four digits of your bank account number.  Dwolla
   uses the Personal Data collected to originate credit transfers to your bank
   account(s) that you select in the mobile application. Plaid’s Privacy Policy
   is accessible here. Dwolla’s Privacy Policy is accessible here. Users who
   wish to exercise their rights regarding Personal Data collected by Plaid or
   Dwolla should contact Plaid or Dwolla directly.

Data We Receive From Merchants.  Merchants who participate on the Upside
platform share with Upside anonymous transaction-level data collected from their
customers. When you claim a Cash Back rewards offer through Upside, Upside uses
Personal Data that you have shared with Upside, such as the time you claimed the
offer and your geolocation data, to locate and verify the transaction in the
data feed received from the participating merchant and to identify your purchase
history with that merchant. By creating an Upside account and using the
Services, you authorize Upside to use your Personal Data to perform this data
matching and identify your purchase history.



Methods of Automated Data Collection:‍


In operating the Services, we may use a technology called “cookies.” A cookie is
a piece of information that the computer that hosts our Services gives to your
mobile browser when you access the Services. Our cookies help provide additional
functionality to the Services and help us analyze Services usage more
accurately. For instance, our Site may set a cookie on your browser that allows
you to access the Services without needing to remember and then enter a password
more than once during a visit to the Site. In all cases in which we use cookies,
we will not collect Personal Data except with your permission. On most web
browsers, you will find a “help” section on the toolbar. Please refer to this
section for information on how to receive notification when you are receiving a
new cookie and how to turn cookies off. We recommend that you leave cookies
turned on because they allow you to take advantage of some of the Service
features.


We may also collect information related to your use of the Services (“Log
Data”). This Log Data may include information such as your computer’s Internet
Protocol (“IP”) address, when and how often you use the mobile application,
browser type, browser version, the pages of our Service that you visit, the time
and date of your visit, the time spent on those pages and other statistics. We
use this data to analyze how our users are using the Services and how we can
improve and increase the functionality of the Services.



OUR USE OF YOUR PERSONAL DATA AND OTHER DATA:

Upside uses the Personal Data you provide in a manner that is consistent with
this Privacy Policy. If you provide Personal Data for a certain reason, we may
use the Personal Data in connection with the reason for which it was provided.
For instance, if you contact us by email, we will use the Personal Data you
provide to answer your question or resolve your problem. Also, if you provide
Personal Data in order to obtain access to the Services, we will use your
Personal Data to provide you with access to such services and to monitor your
use of such services. Upside and its agents and service providers may also use
your Personal Data and other personally non-identifiable information collected
through the Services to help us improve the content and functionality of the
Services, to better understand our users and to improve the Services. Upside may
use this information to contact you in the future to tell you about services we
believe will be of interest to you. If we do so, each marketing communication we
send you will contain instructions permitting you to “opt-out” of receiving
future marketing communications. 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.

In addition, Upside conducts research on its customer demographics, interests
and behavior based on the Personal Data and other data provided to us, in order
to better understand and serve the users of the Services. This research may be
compiled and analyzed on an aggregate basis. Upside may also disclose aggregated
user statistics in order to describe our services to current and prospective
business partners and to other third parties for other lawful purposes.

If Upside intends on using any Personal Data in any manner that is not
consistent with this Privacy Policy, you will be informed of such anticipated
use prior to or at the time at which the Personal Data is collected.


OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER DATA:


Upside is not in the business of selling or sharing information that we collect.
We consider this information to be a vital part of our relationship with you.
There are, however, certain circumstances in which we may provide your Personal
Data to certain third parties without further notice to you, as set forth below:


Business Transfers: As we develop our business, we might sell or buy businesses
or assets. In the event of a corporate sale, merger, reorganization, dissolution
or similar event, Personal Data may be part of the transferred assets.

Agents, Consultants and Service Providers: Upside, like many businesses,
sometimes hires other companies to perform certain business-related functions.
Examples of such third party providers include advertising networks, data
analytics providers, productivity application providers, cloud storage
providers, customer service platforms, and personnel management vendors. When we
employ another entity to perform a function of this nature, we only provide them
with the information that they need to perform their specific function.

Legal Requirements: Upside may disclose your Personal Data 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 enable a third party partner to comply with a legal
obligation, (ii) protect and defend the rights or property of Upside, (iii) act
in urgent circumstances to protect the personal safety of users of the Services
or the public, or (iv) protect against legal liability.

For residents of California and Virginia, for the purposes of the California
Privacy Rights Act and Virginia Consumer Data Protection Act respectively, we do
not sell your Personal Data. For residents of California, for the purposes of
the California Privacy Rights Act, we do not share your Personal Data. For
residents of Virginia, for the purposes of the Virginia Consumer Data Protection
Act, we do not use your Personal Data to engage in targeted advertising. To the
extent that Upside collects Personal Data that constitutes “sensitive personal
information” or “sensitive personal data” as those terms are defined under
California or Virginia law, Upside limits the use of such Personal Data only to
the uses necessarily to perform the Services. Please note that we may share
Personal Data in connection with a Business Transfer, as described above.



YOUR CHOICES:

You can visit the Site without providing any Personal Data. If you wish to use
the Services, it is necessary to provide certain Personal Data such a login
information to create an account and transaction information to accept Cash Back
rewards offers. As outlined above, certain Personal Data is integral to enabling
certain features of the Services.

If you choose not to provide certain Personal Data, you may not be able to use
all features of the Services. This includes referral bonuses that Upside offers
in exchange for sharing your personal contacts so that Upside can offer its
Services to other users.


EXERCISING YOUR RIGHTS REGARDING YOUR PERSONAL DATA:

We may offer you choices that affect how we handle the Personal Data that we
control.  Consistent with the laws that may apply to your place of residence,
you may request the following in relation to your Personal Data:


Information: You may request information about how we have collected and used
your Personal Data. We have made this information available to you without
having to request it by including it in this Privacy Policy.

‍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.

‍Withdrawal of Consent: In circumstances where you have provided your consent to
the collection, processing and transfer of your Personal Data for a specific
purpose, you have the right to withdraw consent for that specific processing at
any time.

‍Objection/Restriction: You may also ask us to restrict or ‘block’ the
processing of your Personal Data in certain circumstances, such as where you
contest its accuracy or object to us processing it. If you exercise your rights,
we will respect your decision in accordance with our legal obligations.

‍Correction: You may request the correction of Personal Data that is inaccurate
or out of date.

‍Deletion: You may request the deletion of Personal Data that we no longer need
to provide the Services or for other lawful purposes.


Upside will not discriminate against you for exercising either of these rights.
However, a request to delete your Personal Data will include the deletion of
your login credentials, and thus your Upside account, which will prevent you
from continuing to use the Services.

To exercise your rights regarding your Personal Data, the following methods are
available:

 * From a mobile device with the Upside application installed, click this link;
 * Access the Help Center in the Upside application and select “Submit a Privacy
   Request,” under the “Consumer Privacy” heading; or
 * Email privacy@upside.com with the subject line PRIVACY REQUEST. Please
   indicate in the text of the email whether you are requesting the disclosure
   and/or deletion of Personal Data and your state of residence.

In addition, to process or request the correction of your Personal Data, the
following method is available:

 * From a mobile device with the Upside application installed, click on your
   user Profile (then press edit) or your Wallet (incorrect credit cards or
   debit cards may be deleted by swiping left).

If you submit a privacy request, Upside will endeavor to verify and complete
your request in a timely fashion, including within the legally required response
time or less. Upside may require additional information from you for
verification purposes. In accordance with applicable law, Upside will require
you to re-enter your login credentials in the mobile application prior to our
handling of your request regarding your Personal Data. If we cannot verify your
identity, we will not process your request regarding your Personal Data.

Where permitted by applicable laws and regulations, you may also submit a
request regarding your Personal Data through an authorized agent. If you do so,
the agent must present signed written permission from you to act on your behalf
and you may also be required to independently verify your identity with us.


CHILDREN:

Upside prohibits the use of the Services by anyone under the age of 16 years.
Accordingly, we do not knowingly collect Personal Data from children under the
age of 16. If you are under the age of 16, you may not create an Upside account
or submit any Personal Data through the Services. We encourage parents and legal
guardians to monitor their children’s Internet and mobile device usage and to
help enforce our Privacy Policy by instructing their children never to provide
Personal Data on the Services without their permission. If you have reason to
believe that a child under the age of 16 has created an Upside account or
provided Personal Data to Upside through the Services, please contact us, and we
will endeavor to delete that account and/or information.


EXCLUSIONS:

This Privacy Policy applies only to the Services. The Services may contain links
to other web sites not operated or controlled by Upside (the “Third Party
Sites”). The policies and procedures we described here do not apply to the Third
Party Sites. The links from the Services do not imply that Upside endorses or
has reviewed the Third Party Sites. We suggest contacting those sites directly
for information on their privacy policies.


INTEGRATING SOCIAL NETWORKING SERVICES:

One of the special features of the Service is that it allows you to enable or
log in to the Services via various social networking services like Google,
Facebook or Twitter (“Social Networking Service(s)”). By directly integrating
these services, we make your online experiences richer and more personalized. To
take advantage of this feature, we will ask you to log into or grant us
permission via the relevant Social Networking Service. When you add a Social
Networking Services account to the Service or log into the Service using your
Social Networking Services account, we will collect relevant information
necessary to enable the Service to access that Social Networking Service and
your data contained within that Social Networking Service. As part of such
integration, the Social Networking Service will provide us with access to
certain information that you have provided to the Social Networking Service, and
we will use, store and disclose such information in accordance with this Privacy
Policy. However, please remember that the manner in which Social Networking
Services use, store and disclose your information is governed by the policies of
such third parties, and Upside shall have no liability or responsibility for the
privacy practices or other actions of any Social Networking Services that may be
enabled within the Service.

You may also have the option of posting your Services activities to Social
Networking Services when you access content through the Services (for example,
you may post to Facebook that you performed an activity on the Service); you
acknowledge that if you choose to use this feature, your friends, followers and
subscribers on any Social Networking Services you have enabled will be able to
view such activity.


SECURITY:

Upside takes commercially reasonable steps to protect the Personal Data provided
via the Services from loss, misuse, and unauthorized access, disclosure,
alteration, or destruction. However, no Internet or email transmission is ever
fully secure or error free. In particular, email sent to or from the Services
may not be secure. Therefore, you should take special care in deciding what
information you send to us via email. Please keep this in mind when disclosing
any Personal Data to Upside via the Internet.


CHANGES TO UPSIDE’S PRIVACY POLICY:

The Services and our business may change from time to time. As a result, at
times it may be necessary for Upside to make changes to this Privacy Policy.
Upside reserves the right to update or modify this Privacy Policy at any time
and from time to time, by sending a notice to you and other Service visitors and
posting a notice on the Site. Please review this policy periodically, and
especially before you provide any Personal Data. This Privacy Policy was last
updated on the date indicated above. Your continued use of the Services after
you receive notice of any changes or revisions to this Privacy Policy shall
indicate your agreement with the terms of such revised Privacy Policy.


CONTACTING UPSIDE:

Please also feel free to contact us if you have any questions about Upside’s
Privacy Policy or the information practices of the Services, including if you
need access to our Privacy Policy in a different format.

You may contact us as follows:

 * Email support@upside.com; or
 * Access the Help Center in the Upside application and click the blue pen icon
   in the upper right hand corner to initiate a conversation.


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© 2023 Upside Services, Inc — 1701 Rhode Island Ave NW, Washington, DC 20036




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PRIVACY PREFERENCE CENTER

When you visit any website, it may store or retrieve information on your
browser, mostly in the form of cookies. This information might be about you,
your preferences or your device and is mostly used to make the site work as you
expect it to. The information does not usually directly identify you, but it can
give you a more personalized web experience. Because we respect your right to
privacy, you can choose not to allow some types of cookies. Click on the
different category headings to find out more and change our default settings.
However, blocking some types of cookies may impact your experience of the site
and the services we are able to offer.
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These cookies are necessary for the website to function and cannot be switched
off in our systems. They are usually only set in response to actions made by you
which amount to a request for services, such as setting your privacy
preferences, logging in or filling in forms. You can set your browser to block
or alert you about these cookies, but some parts of the site will not then work.
These cookies do not store any personally identifiable information.

PERFORMANCE COOKIES

Performance Cookies


These cookies allow us to count visits and traffic sources so we can measure and
improve the performance of our site. They help us to know which pages are the
most and least popular and see how visitors move around the site. All
information these cookies collect is aggregated and therefore anonymous. If you
do not allow these cookies we will not know when you have visited our site, and
will not be able to monitor its performance.

FUNCTIONAL COOKIES

Functional Cookies


These cookies enable the website to provide enhanced functionality and
personalisation. They may be set by us or by third party providers whose
services we have added to our pages. If you do not allow these cookies then some
or all of these services may not function properly.

TARGETING COOKIES

Targeting Cookies


These cookies may be set through our site by our advertising partners. They may
be used by those companies to build a profile of your interests and show you
relevant adverts on other sites. They do not store directly personal
information, but are based on uniquely identifying your browser and internet
device. If you do not allow these cookies, you will experience less targeted
advertising.

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