Privacy Policy

INTRODUCTION

Upkeep, Inc. (“Upkeep,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use Upkeep platform (the “Platform”) through Upkeep’s website at www.upkeepbeauty.com (the “Website”) or Upkeep’s mobile application (the “App”).

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Upkeep is committed to protecting the privacy of its Users whose information is collected and stored while using Upkeep’s Platform through our Website or App.

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The capitalized terms have the same meaning as ascribed in our Partner Agreement or Terms of Service as applicable, unless otherwise noted here.

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PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE, APP, AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE, APP, AND PLATFORM.

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IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT PRIVACY@UPKEEPBEAUTY.COM.

WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO.

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TERRITORIAL RESTRICTION

Our Website, App, and Platform are only available for use and download in the United States. Our Website, App, and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website, App, or Platform. If you are a resident of the United States of America (“US”), you must comply with this Privacy Policy and our Partner Agreement or Terms of Service, as applicable.  If you are a resident of any other country, please ensure compliance with all local laws prior to using our Website, App, or Platform.

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If you have any questions regarding this Section, please email us at privacy@upkeepbeauty.com.  

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WHAT INFORMATION DO WE COLLECT?

When you register to use our Website, App, or Platform, we collect personal information (also referred to as personally identifiable information or “PII”) which may include your name, address, online contact information such as your email address or username, email address or username combined with a password or security question, phone number, commercial purchase information or purchase histories or tendencies, and other personal information. The information so collected will be stored on our servers. Users are able to change their personal information through their profile or account settings on our Website, App, or Platform.

• Geolocation Information. We may collect information that does not personally identify you such as geolocation,

• Financial Information. We currently do not collect or store any credit cards or bank information, as we are using a third-party payment processor.  However, we will update this Privacy Policy when we start using and storing such information. We will also inform you via reasonable means if we start collecting such information from you.

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HOW DO WE COLLECT INFORMATION?

We collect personal information from you in the following ways:

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• At registration on our Website, App, or Platform;

• Through mobile and desktop applications your downloads from our Website, App, or Platform, which provides dedicated non-browser based interaction between you and our Website, App, or Platform;

• From you placing an order, which includes details of transactions you carry out on our Website, App, or Platform; and

• From forms filled out by you.

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We collect information from you automatically when you navigate through our Website, App, or Platform through information obtained through browser cookies.

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HOW DO WE USE YOUR INFORMATION?

We use the information that you provide to:

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• Personalize your experience in using our Platform;

• Provide you with notices about account and/or subscription, including expiration and renewal notices;

• Carry out obligations and enforce rights arising from contracts entered into between you and us, including billing and collection;

• Notify you about changes to our Website, App, and Platform and any products or services;

• Allow you to participate in interactive features on our Website, App, and Platform;

• Improve our customer service;

• Administer contests, promotions, and surveys or other Website, App, and Platform features;

• Process transactions;

• Contact you about our products and services that may be of interest;

• Enable the display of advertisements to our advertisers’ target audiences, although personal information is not shared with advertisers without User’s consent; and

• Send you periodic emails, in accordance with the CAN-SPAM Act of 2003 as detailed in Section 13, via the email address provided by you to (i) send information, respond to inquiries, and/or other requests or questions; (ii) process orders and send information and updates pertaining to such orders; (iii) send additional information related to your product and/or service; and (iv) market to our mailing list or continue to send email to you after the original transaction has occurred.

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OUR COOKIE POLICY

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.”

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We use Cookies on our Website and App to (a) help remember and process items in the shopping cart, (b) understand and save User’s preferences for future visits, (c) keep track of advertisements, and (d) compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future.  You can set your browser to refuse all or some browser Cookies, but it may affect User experience.

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HOW DO WE PROTECT INFORMATION WE COLLECT?

Our Website and App receive regular security scans and penetration tests.  Our Website and App also receive regular malware scans.  In addition, our Website and App use an SSL certificate as an added security measure. We require username and passwords for our employees who can access the personal information of Users that we store and/or process on our Platform and servers. In addition, we actively prevent third parties from getting access to the personal information of Users that we store and/or process on our Platform and servers.  We accept payment by credit card through a third party credit card processor on our behalf.  We will implement reasonable security measures every time you (a) place an order, or (b) enter, submit, or access your information, or (c) access our Platform, on our Website and App.  

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DATA SECURITY MEASURES.

• Security Measures.  We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.  The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, App, or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website, Platform, or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website, App, or Platform.

• Fair Information Practice Principles.  In the event of a personal data breach, we will notify the User within fifteen (15) days via (i) email and/or (ii) our Platform notification system on our Website and/or App.  We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

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DISCLOSURE OF PERSONAL INFORMATION

There are times when we may share Personal Information that you have shared with us may be shared by Upkeep with others to enable us to provide you over Services, including contractors, service providers, and third parties (“Partners”). This section discusses only how Upkeep may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:

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Disclosure of Personal Information.

• We require all contractors, service providers, and other third parties to whom we disclose your personal information to be under contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose them.

• We may only disclose personal information as described in this Privacy Policy or your consent.

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Other Disclosure of Personal Information.

• We will disclose personal information (i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request, and (ii) to enforce or apply our Partner Agreement or Terms of Service and other agreements, including for billing and collection purposes.

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Third Party Disclosure.

• We do not sell, trade, rent, or otherwise transfer personal information to others, unless we provide you with advance notice.  This does not include our hosting partners and other parties who assist us in operating our Website, App, or Platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.  

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GOOGLE ANALYTICS

Google, as a third-party vendor, uses Cookies to serve advertisements to Users on our Website, App, and Platform. Google uses first-party Cookies, such as Google Analytics Cookies, to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Platform. We currently use Google Analytics to collect and process certain Website and App usage data. To learn more about Google Analytics and how to opt-out, please visit https://policies.google.com/privacy/google-partners.

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YOUR CALIFORNIA PRIVACY RIGHTS

Upkeep does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h).  Additionally, California Civil Code Section § 1798.83 permits Users of our Website, App, or Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to privacy@upkeepbeauty.com or write us at Upkeep, Inc., 651 N Broad St., Suite 205 #1734, Middletown, Delaware 19709.

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Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at privacy@upkeepbeauty.com or write us at Upkeep, Inc., 651 N Broad St., Suite 205 #1734, Middletown, Delaware 19709.

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COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)

The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website, App, and Platform are not meant for use by children under the age of 13. Our Website, App, and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at privacy@upkeepbeauty.com.

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IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE, APP, OR PLATFORM.

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CAN-SPAM ACT OF 2003

The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations.  Per the CAN-SPAM Act, we will:

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• not use false or misleading subjects or email addresses;

• identify the email message as an advertisement in some reasonable way;

• include the physical address of Upkeep, Inc., which is 651 N Broad St., Suite 205 #1734, Middletown, Delaware 19709;

• monitor third-party email marketing services for compliance, if one is used;

• honor opt-out/unsubscribe requests quickly; and

• give an “opt-out” or “unsubscribe” option.    

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If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at privacy@upkeepbeauty.com and we will promptly remove you from all future marketing correspondences.

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MODIFICATIONS TO OUR PRIVACY POLICY

Upkeep reserves the right, at its sole discretion, to change or modify this Privacy Policy at any time. In the event we modify this Privacy Policy, such modifications shall be binding on you only upon your acceptance of the modified Privacy Policy. We will inform you about the modifications on our Privacy Policy page via email, on our Website, App, or Platform by posting a modified version of the Privacy Policy page, or by a comparable means within a reasonable time period.  Your continued use of our Website, App, or Platform shall constitute your consent to such changes.

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LIST OF THIRD-PARTY SERVICE PROVIDERS

Upkeep uses the following third-party service providers for the provision of services as detailed under the Partner Agreement or Terms of Service, as applicable

Additionally, if you have any questions or concerns about our third-party service providers, please email us at privacy@upkeepbeauty.com.

COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.

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• Your physical or electronic signature;

• Identification of the copyrighted work(s) that you claim to have been infringed;

• Identification of the material on our Website, App, or Platform that you claim is infringing and that you request us to remove;

• Sufficient information to permit us to locate such material;

• Your address, telephone number, and email address;

• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

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Upkeep’s Copyright Agent to receive DMCA Takedown Notices is Anil Advani, anil@inventuslaw.com, at Upkeep, Inc., Attn: DMCA Notice, 651 N Broad St., Suite 205 #1734, Middletown, Delaware 19709. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Upkeep in connection with the written notification and allegation of copyright infringement. 

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CONTACT US

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

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Privacy Officer

Email: privacy@upkeepbeauty.com

Address: Upkeep, Inc., DMCA Notice, 651 N Broad St., Suite 205 #1734, Middletown, Delaware 19709

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PLEASE NOTE: IF YOU USE OUR WEBSITE, APP, OR PLATFORM, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR PARTNER AGREEMENT OR OUR TERMS OF SERVICE, AS APPLICABLE.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE, APP, OR PLATFORM.