UpMetrics Privacy Policy

UpMetrics Privacy Policy
SportUp, Inc.

PRIVACY POLICY
This Privacy Policy was last modified on March 19th, 2022.

1. Introduction
SportUp, Inc. d/b/a UpMetrics (the “Company,” “we,” “us” or “our”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy describes:

  • The types of information we may collect or that you may provide when you purchase, download, install, register with, access or use our services (collectively, the “Service”), including information which can identify you personally (“Personal Data”).

  • Our practices for collecting, using, maintaining, protecting and disclosing that information.

This Privacy Policy applies only to information we collect through the Service, or in e-mail, text and other electronic communications in connection with the Service. This Privacy Policy does not apply to the data practices of third parties, including our customers who may have their own Privacy   Policy governing their collection of information through the Service.
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 the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you agree to   the terms and conditions of this Privacy Policy.   If you do not agree with our policies and practices, you are not authorized to use the Service and you must not download , register with or otherwise begin or continue accessing or using the Service.

2. Intended Users
The Service provides a data analytics platform that allows our customers, primarily social sector professionals, to upload and analyze data, some of which   may include data about individuals that is uploaded by our customer or gathered from surveys conducted by us as directed by our customers   (“Individual Data”).   Management of Individual Data is controlled by those customers, and our only use of Individual Data is to store it and to make it available to   the applicable customer as part of the Service.   Accordingly, if you are an individual desiring to exercise rights or choices with respect to Individual Data, please make your request directly   to the applicable third party for whom we process that data.   Where we receive such requests directly, we will address them in compliance with applicable law.
A Note About Student Data.   The Service may be used by a school, school district, teacher, program or professional to operate programs for students (“ Students”).   Through the provision of our Service, we may collect personally identifiable information from our customers about students (“Student Data”).   We consider Student Data to be highly confidential and do not use such data for any purpose other than providing our Service to the   applicable customer.   Please see Section 12 to learn more about how we protect Student Data and comply with applicable laws.

Information We Collect and How We Collect It:
3. Information You Provide to Us
We collect information about you when you use the Service, which can include information you provide to us when you download, register with   or use the Service or otherwise engage with us, such as your first and last name, email address, telephone number or postal   address and other information you voluntarily provide to us, such as in response to surveys we conduct on behalf of our customers.

4. Information Collected Automatically
When you download, access and use the Service, we may collect certain types of usage information automatically.   This information is typically collected through a variety of tracking technologies, including cookies (or mobile cookies), web beacons, embedded scripts, file   information and similar technology, and we may use third party service providers to collect this information.   For example, we may collect:

  • Usage Details: When you access and use the Service, we may automatically collect certain details of your access to and use of the Service,   including how frequently you access the Service, whether you open emails, logs and other communication data and the resources that you access and use on or through the Service.

  • Technical Information: We may collect information related to a customer’s use of the Service, such as IP address, operating system, and browser type .

  • Analytics information: We may collect analytics data, or use third-party analytics tools (collectively, “Analytics Tools”), as further described below.

Analytics Tools we use include Google Analytics, Mixpanel, Chameleon, Hotjar, Redash and Facebook Pixel. Google Analytics is a web analysis service that employs cookies that are stored to your computer in order to facilitate an analysis of your use   of our websites.   The information generated by these cookies, such as time, place and frequency of your visits, including your IP address, is transmitted to Google’s location in the US and stored there. Google uses this information to analyze and report on your use of our websites. Google may also transfer this information to third parties where required to do so by law or where such third parties process this data on   Google’s behalf.   We employ the extension "anonymizeIp" which abbreviates and thereby anonymizes your IP address before transferring it from EU/EEA member   states.

You can opt-out of making your activity on our websites available to Google Analytics by installing the Google Analytics opt-out browser add-on from  https://tools.google.com/dlpage/gaoptout.

The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about website activity.   For more information on the privacy practices of Google.   Please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

We may use technology from Mixpanel to analyze product usage.   For more information, see Mixpanel’s Terms of Use, available at https://mixpanel.com/terms/, and Mixpanel’s Privacy Policy, available at https://mixpanel.com/privacy/.   You can prevent Mixpanel from using your information for analytics purposes by opting-out.   To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/.   To track opt-outs, Mixpanel will place a persistent opt-out cookie on your computer.   If you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you might also clear   the Mixpanel opt-out cookie.

We may use tools from Chameleon to manage user onboarding.   For more information, see Chameleon’s Terms of Use, available at https:// https://www.trychameleon.com/terms and Chameleon’s Privacy Policy, available at https://www.trychameleon.com/privacy.

If you have given your consent to cookies, we use Hotjar tools that help us better understand our website visitors’ experience.   For further details, please see Hotjar’s Terms of service at https://www.hotjar.com/legal/policies/terms-of-service/ and Hotjar’s Privacy Policy at https://www.hotjar.com/legal/policies/privacy/ .   To prevent tracking by Hotjar, see their Do Not Track page at hotjar.com/privacy/do-not-track/If you do not want to be   recorded by Hotjar, you can disable it by setting the DoNotTrack header in your browser.   For more information and more about Hotjar's data processing, please visit: www.hotjar.com/legal/compliance/opt-out.

We may use tools from Redash to analyze product usage.   For more information, see Redash’s Terms of Use, available at https://redash.io/terms and Redash’s Privacy Policy, available at https://redash.io/privacy.

We may use visitor action pixels from Facebook, Inc.   that provides us with anonymous data (i.e. data that cannot identify you individually) to analyze usage of our website by visitors who navigate there   from Facebook or a Facebook ad.   For further details, please see Facebook’s Data Policy, available at https://www.facebook.com/about/privacy/.
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5. How We Use Your Information
We use information that we collect about you or that you provide to us to:

  • Provide you with the Service and its contents, and any other information, products or services that you request from us.

  • Contact you about your account/subscription, including expiration and renewal notices.

  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • To improve, personalize, and develop our Service.

  • Notify you when Service updates are available, and of changes to any products or services we offer or provide though it.

The information we collect automatically through tracking technologies helps us to improve our Service and to deliver a better and more personalized experience by   enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Service according to your individual interests and to personalize your content.

  • Speed up your searches.

  • Recognize you when you use the Service.

  • Track website usage for various purposes including website optimization, website improvement, sales, marketing, and billing.

We do not respond to Web browser “Do Not Track” signals or other mechanisms, because we do not collect Personal Data for the purpose of , or create user profiles for, tracking users’ online activities over time and across third-party Web sites.

If you provide us with an email address, whether through registration or by requesting to receive our newsletter, we may use that information   to contact you in the future to provide you with our newsletter and to tell you about products and services we believe will be of interest to you, and by providing your email address, you are providing your express consent for us to do.   If we provide such communications, we will include instructions permitting you to “opt-out” of receiving them in the future.

6. Disclosure of Your Information
We may share your Personal Data in the instances described below and elsewhere in the Privacy Policy.   We may share your Personal Data with:

  • Other users of the Service.   We share information among individual representatives of the same customer when they collaborate on the Service.   You may be able to restrict the visibility of certain information to other members in your group or team by adjusting your privacy settings   in your Account profile.

  • Third-party technology vendors (“Service Providers”) that perform services on our behalf, as needed to carry out their work for us, which could   include but are not limited to, web and mobile hosting, data storage and analytics, ecommerce providers, logging and auditing.   Service providers who have access to Student Data, if any, shall be contractually bound to uphold privacy and confidentiality terms no less protective than those provided in this Privacy Policy.

UpMetrics makes every effort to assure all Third-party technology vendors are compliant and do not compromise the integrity, security, and privacy of UpMetrics or its customer data.

  • Service Providers are prohibited from accessing UpMetrics’ information security assets until a contract containing security controls is agreed to and signed by the appropriate parties.

  • Service Providers must ensure that organizational records are protected, safeguarded, and disposed of securely. UpMetrics strictly adheres to all applicable legal, regulatory and contractual requirements regarding the collection, processing, and transmission of sensitive data such as Personally-Identifiable Information (PII).

  • UpMetrics may choose to audit Service Providers to ensure compliance with applicable security policies, as well as legal, regulatory and contractual obligations.


We may also disclose Personal Data (i) to comply with any court order, law or legal process, including to respond to any government or   regulatory request; (ii) to enforce our rights arising from any contracts entered into between you and us, including our Terms of Service, subscription   agreements, terms of sale, and for billing and collection; and (iii) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company’s customers or others.

We may disclose de-identified or aggregated information and other non-identifying information about our users, without restriction, provided that in all   cases such information does not identify any individual.

UpMetrics does not sell or license your Personal Data to any third party for their direct marketing purposes.

7. Accessing and Deleting Your Personal Data; Disclosure Limitation

A. Review or Delete Your Information.
UpMetrics takes all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date.   However, the accuracy of that information depends largely on the information being provide d.

If you’re a customer, you can review and change your Personal Data by logging into the Service and visiting your Account profile page.   You may also send us an email at support@UpMetrics.com to request access to, correct, or delete any Personal Data that you have provided to   us, or to delete your Account.   We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the   information to be incorrect.


B. How to Control Your Communications Preferences
You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications.   We make every effort to promptly process all unsubscribe requests.   You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features   of the Service, technical and security notices).

C. Additional Options for Limiting Disclosure
Cookies. As noted above, you can usually choose to set your browser to remove or reject browser cookies.   Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Site and the Services .
Communications.   If you’ve signed up to receive promotional communications from us, you may opt out of receiving them by following the instructions in   those communications.   If you opt out, we may still send you non-promotional communications, such as those about our ongoing business relationship.
Notice Regarding Additional Rights:
YOU MAY HAVE THE RIGHT TO EXERCISE ADDITIONAL RIGHTS WITH RESPECT TO YOUR PERSONAL DATA WHICH ARE AVAILABLE TO YOU UNDER APPLICABLE LAWS, INCLUDING: (A) RIGHT TO ERASURE, DELETION OR CORRECTION OF PERSONAL DATA; (B) A RIGHT TO OBJECT TO, OR TO RESTRICT, PROCESSING OF PERSONAL DATA, OR (C) A RIGHT TO REQUEST INFORMATION ABOUT DATA WE COLLECT OR TO REQUEST PORTING PERSONAL DATA. IF YOU WOULD LIKE TO EXERCISE SUCH RIGHTS, PLEASE CONTACT US AT SUPPORT@UPMETRICS.COM WITH YOUR SPECIFIC REQUEST. WE WILL CONSIDER YOUR REQUEST IN ACCORDANCE WITH APPLICABLE LAWS AND, WHERE REQUIRED TO ADHERE TO YOUR REQUEST, WE WILL DO SO WITHIN THE TIME PERIODS REQUIRED BY APPLICABLE LAW. TO PROTECT YOUR PRIVACY AND SECURITY, WE MAY REQUIRE YOU TO TAKE STEPS TO VERIFY YOUR IDENTITY BEFORE COMPLYING WITH THE REQUEST AND MAY CHARGE A FEE TO PROCESS YOUR REQUEST AS ALLOWED BY APPLICABLE LAW.

8. Data Retention
We will retain Personal Data for as long as needed to provide the Service and for our internal business purposes, which may extend beyond the   termination or cancelation of your subscription or user account.   For example, we may retain certain data as necessary to prevent fraud or future abuse, for record keeping or other legitimate business purposes,   or if required by law.   We may also retain and use information which has been de-identified or aggregated such that it can no longer reasonably identify a particular individual.   All retained information that is personally identifiable will remain subject to the terms of this Privacy Policy.
We may not be able to immediately or completely delete all data in all instances, such as information retained in technical support records,   customer service records, backups, and other similar business records.   We will not be required to delete any information which has been de-identified or disassociated with personal identifiers such that the remaining   information cannot reasonably be used to identify a particular individual.

9. Data Storage
UpMetrics is located in the United States. Personal Data collected through our Service may be stored and processed in the United States or any other country in which UpMetrics or its affiliates   or service providers maintain facilities.
To protect the confidentiality, integrity, and availability of data, both for UpMetrics and UpMetrics’ customers, complete backups are performed daily to assure that data remains available when it’s needed and in the case of a disaster.

10. Change of Control
If UpMetrics becomes involved in a merger, acquisition, bankruptcy, change of control, or any form of sale of some or all of its   assets, your Personal Data may be transferred or disclosed in connection with the business transaction. In such an event, UpMetrics will make efforts to provide notice before Personal Data is transferred and becomes subject to a different Privacy Policy . In all instances, we will not transfer Student Data to a new owner or entity unless the recipient has agreed to maintain the information in accordance with this Privacy Policy or unless we first provide our customers and Authorized Users with notice and an opportunity to opt-out of the transfer of Student Data by terminating their accounts and deleting any associated Student Data before the transfer occurs.

11. Data Security
The security of your Personal Data is very important to us.   We have implemented a variety of physical, administrative and technological safeguards designed to preserve the integrity and security of the Personal Data we collect   and to protect against unauthorized access to such information.   These include internal reviews of our data collection, storage, and processing practices and security measures, as well as physical security measures to   guard against unauthorized access to systems where we store personal data.   We restrict access to Personal Data to UpMetric’s employees, contractors, and agents who need to know that information in order to operate,   develop, or improve our services.   Our employees may be subject to disciplinary action, including termination, if they fail to meet privacy and confidentiality obligations.   However, no security system is impenetrable—for that reason, we cannot guarantee the security of your Personal Data.   If Personal Data under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and take all steps required by applicable laws and regulations and our agreements with our customers.
At the same time, the safety and security of your data also depends on you.   We advise you to take security precautions to protect your information.   For example, although UpMetrics encrypts data in transit, we urge you to encrypt data prior to transmitting it to the Company.   Where we have given you (or where you have chosen) a password for access to certain parts of our Service, you are responsible   for keeping this password confidential.   We ask you not to share your password with anyone, and to regularly change your password using best practices on password complexity.
Clients are able to share analyzed results publicly, and UpMetrics does not restrict the sensitivity of data being uploaded. For this reason, it is important to ensure necessary security measures are taken, as UpMetrics will not be held liable for inadvertent confidential data public exposure .

12. How Does the Company Protect Student Data and Comply With Laws?
Our collection, use and disclosure of Student Data is governed by our Terms of Service and/or any other agreement with our customers, by   the provisions of the Family Educational Rights and Privacy Act (“FERPA”), the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws that   may relate to the collection and use of Personal Data of students.   If you have any questions about our collection and use of Student Data, please contact us at support@UpMetrics.com.   If you have any questions about reviewing, modifying, or deleting the Personal Data of a student, please contact your school,   organization or customer directly.
When we access Student Data through the provision of our Services, the following core principles guide our decisions around data, security, and technology :

  • UpMetrics does not collect, maintain, use or share Student Data beyond that needed for an authorized educational or school purpose, or as   authorized by our contracts.

  • UpMetrics does not use or disclose Student Data for targeted advertising purposes.

  • UpMetrics does not build a personal profile of a Student other than in furtherance of a K-12 School purpose, or as authorized by a parent .

  • UpMetrics will work towards developing and maintaining a comprehensive data security program designed to protect the types of Student Data maintained by the Company.

  • UpMetrics will not knowingly retain Student Data beyond the time period required to support our customers’ purposes.

  • UpMetrics will clearly and transparently disclose our data policies and practices.

  • UpMetrics will never sell Student Data unless the sale is part of a corporate transaction, such as a merger, acquisition, bankruptcy, or   other sale of assets, in which case we will use our best efforts to ensure the successor entity honors the privacy commitments made in   this Privacy Policy and/or we will notify our customers and provide an opportunity to opt-out by terminating their accounts and/or deleting User Content before the data transfer occurs.

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We will not make any material changes to our Privacy Policy that relate to the collection or use of Student Data without first giving notice   and providing a choice before the Student Data is used in a materially different manner than was disclosed when the information was collected.
FERPA. This Privacy Policy and our Service are designed to meet our responsibilities to protect Personal Data from the students’ educational records under FERPA when we work with schools or educational institutions.   We agree to work with schools to jointly ensure compliance with the FERPA regulations.   Education records provided to UpMetrics by any education agency remain under the direct control of that education agency.   Accordingly, students, parents, and guardians wishing to exercise their rights to access, review, correct, or delete their education records should contact their education agency directly.

COPPA. This Privacy Policy and our Service are designed to comply with COPPA.   We do not knowingly collect Personal Data from a child under 13 unless and until a school or educational institution has provided it to use or authorized us to collect such information through the provision of the Service on the institution's behalf.   We rely on our customers to not permit children under 13 to access and use the Service directly unless an educational institution has the authority to provide appropriate consent and authorization for a student under 13 to use the Service and for UpMetrics to collect Personal Data from   such student, as permitted by COPPA.

Students Online Personal Information Protection Act (“SOPIPA”).   This Privacy Policy and our Service are designed to comply with SOPIPA.   We do not use Student Data for targeted advertising purposes.   We do not use collected information to amass a profile of a K-12 student except in furtherance of K-12 school purposes.   We never sell Student Data unless the sale is part of a corporate transaction, such as a merger, acquisition, bankruptcy,   or other sale of assets, in which case we make efforts to ensure the successor entity honors the privacy commitments made in this Privacy   Policy and/or we will notify you of such a sale and provide you an opportunity to opt-out by deleting your account before the   data transfer occurs.   We will not sell Students' Personal Data to third parties other than in the context of a business transaction.

California Education Code §49073.1   (“EC 49073.1 ”).   This Privacy Policy and our Service are designed to comply with EC 49073.1.   Pupil records obtained by the Company from a local educational agency (“LEA”) continue to be the property of and under the control of the LEA and are   only used for the purposes as agreed upon with the LEA.   Parents, legal guardians, or eligible pupils may review personally identifiable information in the pupil's records and correct erroneous information by contacting   their LEA directly. In the event of an unauthorized disclosure of a pupil's records, UpMetrics will notify the LEA and will provide the LEA with a report   to be shared with the affected parent(s), legal guardians(s) or eligible pupil(s).   Pupil records will be deleted and/or rendered as Deidentified as provided in EC 49073.1.

13. Changes to This Privacy Policy
We may update our Privacy Policy from time to time.   The date the Privacy Policy was last revised is identified at the top of the page.   If we change this Privacy Policy in a material manner, we will do our best to notify you of the changes by posting a notice on   our website.   Your continued use of the Service following the effective date of such update constitutes your acceptance of the revised Privacy Policy.   If you do not agree to any of the terms in this Privacy Policy or to any future terms in a future revision of this Privacy   Policy, do not use or access (or continue to access) the Service.
We will not make any material changes to our Privacy Policy that would result in Student Data being used in a materially different manner than   was disclosed when the information was collected without first giving notice to the applicable customer or Authorized User and providing a choice before   such Student Data is used in a materially different manner than was disclosed when the information was collected.
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14. Contacting Us
To ask questions or request information about this Privacy Policy and our privacy practices, contact us at support@UpMetrics.com or by physical mail to:
SportUp, Inc. d/b/a UpMetrics
201 Spear Street, Suite 1100
San Francisco, CA 94105

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