.Live Capture Privacy Policy

Last Updated: May 6th, 2020

This Privacy Policy describes how Upfluence Inc. and its corporate affiliates (collectively “Upfluence” or “We”) collect, process and use the personal information provided to us via your participation in the Merchants website (including mobile enabled websites) or that the Merchant otherwise provides us. By providing your social media handle and email address in the pop-up box at the Merchant’s Website (or otherwise signing up as a Member), you are consenting to the terms of this Privacy Policy, and to the practices described herein. If you do not want this information shared with us, please do not enter your social media handle/email address in the box provided.

Please note that this Privacy Policy does not apply to websites, apps, destinations, or other offerings that we do not own or control, including, without limitation, the Merchant’s Website, which is governed by its own privacy policy.

We advise that you print or retain a digital copy of this Privacy Policy for future reference.

You agree and acknowledge that we may make changes to this Privacy Policy from time to time, in our sole discretion, and will reflect the date the changes have been made at the top of this page, where it says: Last revised.

If we make a material change to this Privacy Policy, we will also post on the Service a prominent notice that a change was made. Your continued access of the Website, visitation and/or use of the Website by you, or continued receipt of a Product, will constitute your acceptance of any changes or revisions to the Privacy Policy.

If you sign up for the Membership Program, your use and any dispute over privacy is subject to this Privacy Policy and our general Terms and Conditions, including limitations on damages, resolution of disputes, and application of the law of New York laws.

Minors/Children
If you are under 18, you may sign up for the Membership Program only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian.

Privacy Disclosures:

What Personal Information (“Information”) About Customers Do We Collect?

  • Information you provide us directly,i.e. via the PopUp at the Merchant’s Website or any other sign-up form,
  • Information you provide to the Merchant whose website you are visiting when you received this Popup, whether by means of cookies or other automated technology measures or otherwise. (The “Merchant Website”, which includes mobile enabled sites), and
  • Information you provide to social media platforms, again, by means of cookies, or other automated technology measures, or otherwise.

 

What Kinds of Information Do We Collect, Analyze, Use and Share?

We collect only that information provided to us by you directly, the MERCHANT, and/or Social Media Platforms, which are governed by their own privacy policies, but this information may include:

1. Information that constitutes personal identifiers, such as your name, telephone number, mailing address, email address, zip code, your social media handle(s), any other unique online identifier such as, without limitation, a user name, cookies, device ID, and the IP address you use to access the Website, and Device ID.

2. Certain demographic information and characteristics, such as age, gender, marital status, nationality, and country of origin, that are protected by applicable law.

3. Commercial information, such as purchase history, browsing history, history of contacting the Merchant or the Merchant’s Website, including, without limitation, call logs, text message and emails.

4. Information pertaining to your online activity or, such as website or app activity data, and which may include geolocation data, such as the precise physical location of any device used to access the Websites, contact the Merchant or make a transaction.

5. Any other information that about you that may be provided by MERCHANT, or which you may provide via your social media handle and account provided to us, whether collected by automated means or otherwise.

6. Please note that we do not use any cookies, web beacons, digital fingerprinting, clear gifs, pixel tags or similar or other similar technologies to place or store code or information on any device you use to access the Merchant’s Website, and otherwise track your use (“Tracking Technologies”). However, the Merchant or its vendors may use such Tracking Technologies, including technologies in its emails or other messages to you that track whether you may have opened messages that have been sent. You should check the Merchant’s Website for the policies concerning this kind of tracking and technology. You may be able to disable some of these technologies in your browser or otherwise, but please note that if you disable any storage and tracking technologies in your browser, or you may be able set your browser to DO NOT TRACK (DNT). All of this may, but is not guaranteed to, affect the data and Information we receive and therefore, it may impact the Services we are able to provide under the Program.

 

What We Use the Information For.

  1. To administer the Program, or the Merchant’s services. We may share the Information with outside vendors and services providers, such as an email hosting provider, in order to implement and administer the Merchant’s or our services. In such instances, we will share only so much information as is reasonably required for these vendors and service providers to provide services to us or the Merchant.
  2. To provide data and analytics to the Merchant in connection with your use and patronage of the Merchant’s Website, its business, and your presence and activities provided to us or made available to us by social media platforms. In this connection, we may use this Information to provide you with messaging, marketing materials, promotions and other communications and offerings pertaining to the Merchant, your preferences and transactions, and/or they types of products and services you are viewing, purchasing, seeking. We also will provide the Information and our analysis of it to the Merchant for the Merchant’s use of it in connection with its internal other use for improving its business, its products and services, and its customer services. The Merchant may use the Information and data we provide to it to communicate with you, per its own privacy policy.
  3. To comply with and defend our legal rights and obligations. In certain cases, we collect and use your personal information in order to cooperate with subpoenas, search warrants, discovery demands or court orders, governmental or administrative agency investigations, as well as those subpoenas and legal proceedings involving private parties. We may also use any Personal Information we may have in order to protect our own legal and commercial rights, including enforcing contracts, defending suits or other proceedings.
  4. To communicate with you. We use your Information to communicate with you in relation to the Merchant’s Services or the Membership. This may be done by phone, social media message, SMS, email, chat, etc.)
  5. To create aggregated or anonymized information for use in our business and/or the Merchant’s or other third parties’ businesses. We may anonymize your Information or aggregate it with other web users’ Information so that it is not readily identifiable using currently available technology to/as your Information and in doing so, we will be able to use such information for market analytics for use in our own business and to make available to third parties, such as demographic information and other information. So long as we aggregate or anonymize the Information, we reserve the right to use it in order to improve our products and services, the Merchant’s products and/or services or for other bona fide commercial reasons. Nothing in this Privacy Policy addresses, or should be read to limit or restrict, how we collect, use or process anonymous, de-identified, or aggregate information.
  6. We do not sell, swap or license your information, except (a) as provided to the Merchant, (b) as anonymized or aggregated, (c) as may be provided to a third party that may purchase our business or a portion thereof (as set forth below), or (d) as set forth in this Privacy Policy– for example sharing the Information with vendors and service providers to administer or carry out functionalities of our business or the Merchant’s business.

 


Who we share information with

  1.  The Merchant.
  2. Entities Related to Us and to the Merchant. We share your Information with our parent, subsidiaries, affiliates and other related entities, and with our business and legal advisors, including, without limitation, our attorneys, consultants, accountants, and others, for the purposes of operating our business, administering the Program and as otherwise described in this Privacy Policy.
  3. Categories of Third Parties With Whom We May Disclose Data. We may disclose your Personal Information, in whole or in part, to the following third parties:
  • Our or the Merchant’s Service Vendors. As set forth above, these are any third parties that provide services to us or to the Merchant in connection with running our business, the Program, and/or the Merchant’s Website, and business, and may include third parties providing information technology services, market analysis or research, email and Website management and administration (such as forums, customer ratings, returns, customer service, inventory tracking and processing (such as repair and returns) and other e-commerce functionalities.
  • Our consultants, legal and accounting advisors.
  • Governmental agencies, law enforcement officials, and parties to lawsuits or other legal proceedings, in order to cooperate with subpoenas, search warrants, discovery demands or court orders, governmental or administrative agency investigations, as well as those subpoenas and legal proceedings involving private parties. We may also use any Personal Information we may have in order to protect our own legal and commercial rights, including enforcing contracts, defending suits or other proceedings.
  • Any third party that may seek to and actually acquire any portion of our business pertaining to the Personal Information, in which instance we provide your Personal Information under a Non-disclosure intended to protect against unauthorized disclosure.

 

Opting Out, Revoking Consent and Making Changes

Please note that you may opt out of all third party marketing (including from Merchant) as follows (If you are a resident of the European Economic Area, Switzerland or the State of California, please see the additional provisions that relate to your ability to opt-out below this section):

  1. Revoking Your Consent To Participate In the Program. If you do not wish to have Personal Information such as your name, email address, postal address or phone number shared with third parties for their marketing purposes, contact our Privacy Policy Administrator by email at [email protected] or as described at the section of this document, entitled PRIVACY POLICY ADMINISTRATOR CONTACT, below.
    Please note that your revocation will be effective only going forward and will not affect any sharing, use or disclosures that we have made before the revocation.
    Please also note, that if you would like us to continue providing our services to you in respect of the Program and the Merchant, we must continue to collect and share your Personal Information with our vendors and the Merchant, and otherwise as set forth here. If you revoke your consent to such sharing and processing, your Membership in the Program must be terminated. You can always sign up in the future so long as the Program is offered.
  2. How to Opt-Out of Receiving Marketing Messages from Merchant. If you do not wish to receive future marketing or other commercial messages from the Merchant, please unsubscribe by following the instructions contained within the particular sms, email or social media message you receive. But please be aware that so long as you do not terminate your Membership, we may continue to send you, and you may continue to receive non-marketing-related messages that are necessary to maintain the Program, such as renewal notifications, technical notices, updates, security alerts, and support and administrative service bulletins. If you are seeking to send an opt-out request to the Merchant, please contact the Merchant via the Privacy Policy or general use/terms and conditions of the Merchant.
  3. How to Update Your Personal Information. If you have registered or created an account on the Merchant’s Website, please use the mechanism or contact information on the Merchant’s Website that allows you to change or update your account information, if such a functionality is available. If not, please contact the Merchant, who will advise us of such changes, or if no such mechanism or contact information is available on the Service, contact our Privacy Policy Administrator with your changes by email or as described at Privacy Policy Administrator at the bottom of this Policy.
    Please note, however, that your advising us of any account changes (such as social media handle or email address) will not affect the Information and account data held by the Merchant.

 

Special Notice to Members Who Are California Residents – Your Privacy Rights

The California Consumer Privacy Act, Cal. Civ. Code §1798.100 et. seq. (“CCPA” or the “Act”), provides certain rights and remedies to residents of the State of California in connection with their Personal Information.
As a California resident, you have the right to request:

  • Information about our collection, use, sale, or disclosure of your Information
  • The specific pieces of Information we hold
  • Deletion of Information collected or maintained by us
  • You also have the right to opt-out of the sale of your personal information (please note that the term “sale” can mean many things under the CCPA and even some transfers of Personal Information to third parties in exchange for value may be considered as “sales,” under the Act, even if no money changes hands). If you are a California Resident, and would like to opt out of the sales of your Information contact the Privacy Policy Administrator at [email protected]

You also have the right to not receive discriminatory treatment for exercising these rights, although, if you revoke our consent to collect or share Information entirely, such revocation may affect our ability to provide you Membership in the Program .
To exercise a right related to your personal information, please contact us at [webform, email, etc.] with the subject line: “California Privacy Rights” or send mail to the Privacy Policy Administrator at the address provided below.
Please find below the categories of Information we collect and disclose or have collected and disclosed during the twelve months prior to the date of this disclosure.

  1. Categories of personal information collected. The personal information that we collect, or have collected from consumers in the twelve months prior to the effective date of this disclosure, fall into the following categories CCPA, depending on which Merchant’s Website is used by a Member:
  • Identifiers such as your name, social media handle, email or mailing address (including zip code), alias, address, phone numbers, or IP address;
  • Age, gender, or other protected demographic classifications;
  • Commercial information, such as your purchase history, return history, browsing, use of other services of the Merchant, and an other transactional or pre-transactional activities;
  • Geolocation data, such as the location of your device or computer from which you access the Merchant’s site;
  • Information relating to your profession, education or business; and
  • Data that may pertain to or inference that may be drawn from your purchase or browsing history.

2. Categories of personal information disclosed for a business purpose. The Information that we disclose or have disclosed about Members for a business purpose in the twelve months prior to the effective date of this Disclosure fall into the following categories established by the CCPA depending on which Merchant’s Website is used by a Member:

  • Identifiers such as your name, social media handle, email or mailing address (including zip code), alias, address, phone numbers, or IP address your age, gender, or other protected classifications, for example if you choose to participate in a survey distributed by a survey provider;
  • Party commercial information, such as your purchase history, return history, browsing, use of other services of the Merchant, and other transactional or pre-transactional activities;
  • Geolocation data, such as the location of your device or computer from which you access the Merchant’s site;
  • Information relating to your profession, education or business; and
  • Data that may pertain to or inference that may be drawn from your purchase or browsing history.

3. California’s Shine the Light Disclosure. We do not provide your Information to third parties, apart from providing Information to the Merchant, for purposes of direct marketing. Even so, California’s “Shine the Light” law, Civil Code Section 1798.83, gives Members that are California residents the right to prevent our disclosure of their Information for use by third parties for direct marketing purposes. Some businesses, furthermore, may be required to respond to requests from Members who are California residents about the practices related to disclosing Information to third parties for the third parties’ direct marketing purposes. We have disclosed our business practices, but if you would like to opt out of any use of your Information for direct marketing by others, please do so by contacting the Privacy Policy Administrator, below.

4. Online Erasure Law. While California’s “Online Erasure” law, Business and Professions Code Sections 22580-22582, requires operators of certain websites and services to allow some users to request removal of content they post at the site or services, we do not permit or host such posting, and are not subject to this requirement. If the Merchant may permit such posting(s), then please contact the Merchant directly under the applicable privacy policy.

 

Notice to Current Residents of the European Economic Area (EEA) and Switzerland

  1. Purposes of Processing. As we have explained elsewhere in this this Privacy Policy, your personal information (“Information”) is used and processed by us for a variety of purposes: to administer and improve the Program and our services offered to our customers, for providing analysis of historical transactional information at the Merchant’s website or social media sites relating to your social media handle or email address you provide, for facilitating and making marketing and promotional communications to you, for legal compliance with laws and court orders, as well as to assert and defend our rights, for a potential transfer or sale of our business, and to combine with other data that may be provided to us by third parties, including the Merchant. We may also use, as set forth above Information acquired from you directly or by use of Tracking Technologies, for marketing purposes, including to better provide better information concerning your online activity to the Merchant. We may also use any information that we obtain from our about you as part of anonymized and/or aggregated data that may be offered to third parties.
  2. Legal Basis for Processing. We provide our data analysis to Merchant or other third parties to serve you, subject to on the legitimate need basis, and any consent or permissions you may have granted to us or the Merchant, and you have the right to withdraw consent you may have provided to us at any time by contacting the Privacy Policy Administrator by email at [email protected] or as otherwise described in the section of this Policy setting forth the opt-out process and providing such Administrator’s address and contact information. If you would like to change or withdraw your consent to the Merchant’s processing of or providing us your Information, please visit the Merchant’s privacy policy and follow the opt-out/revocation of permissions process and procedure for that site. We, and our authorized service providers use your personal data to enable us to perform or administer services to you in connection with the Program, to ensure compliance with various legal and regulatory requirements, for the purposes of our legitimate business interests or where have relied on your consent. When you make a purchase, enter a contest or sweepstakes, as applicable, sign-up to receive marketing materials or promotional communications, or engage in another type of transaction with us or the Merchant, we may process your Information, either ourselves or through authorized third party services providers, to carry out that service or transaction. Cross Border Data Transfer. The personal Information that is provided to us, whether by you or by the Merchant or other sources, such as social media platforms, is being transmitted to us and may be processed in the United States and by our affiliates and their service providers within the European Economic Area, and other jurisdictions where they operate. This Information is subject to this Privacy Policy and depending on your country of residence as provided to us, will be protected and safeguarded as required by law. While we use at least industry standard technologies and to safeguard your information, please understand that, like most providers or similar services, we are unable to guarantee that your personal Information or any information transmitted over the Internet will remain secure.
  3. Your Individual Rights Concerning Your Personal Data/Information. If you are a currently a resident of the European Economic Area or of Switzerland, you have the following rights: to access, rectify/correct, or erase any personal data we have collected about you through the Program, and to restrict or withdraw your consent for consent-based processing. You also have the right to data portability and the right to restrict or withdraw your consent to our processing of this personal data, and to opt out of any marketing communications. If you seek to Please contact the Privacy Policy Administrator to act on any of these rights by email at [email protected] or as otherwise described in the section of this Policy where the Administrator’s contact information is provided. We may, in order to verify your identity and thereby process your request and/or provide you with access about your Information, require that you provide us with certain personal Information before doing so. To the extent that you may seek to revoke or transfer your data, please be advised that we will do so to the full extent required by the applicable laws, but such requests will not be effective with respect to Information that may already have been aggregated or anonymized.
  4. Complaints and Parental Requests. You also have the right to file complaints about our collection and processing of your personal Information; these can be reported to your local European supervisory authority, which may be found available on-line. If you are a parent, please note that our Program is not targeted to, and does not permit by its terms, members under the age of 16, and we do not knowingly collect or process information of persons younger than 16. If you are a parent or guardian and may have granted your consent to us on behalf of your child, or if you believe that we have otherwise collected information about your child, please contact the Privacy Policy Administrator and note in the Subject Line of any email to the Administrator that your request involves your child’s personal data.

 

Contact Information for Our Privacy Policy Administrator


All Members may contact the Privacy Policy Administrator by email at [email protected]

California residents may use the above information to exercise any rights they may have under the California Consumer Privacy Act. If you contact us by mail or email, please include enough information for us to address your concerns or respond to your request, including, for example your name, social media handle or website contact, as well as other contact information, and the specific Merchant’s Website, and/or other service you’re contacting us about. Also, please be advised that only privacy and California/GDPR inquiries should be sent to the Privacy Policy Administrator. No other communications to this address will be responded to or processed by us.