Upside Analytics, Inc. and its subsidiaries (collectively “Upside Analytics”, “we” or “us”) is committed to protecting your privacy and providing you with a positive experience on our websites and in using our products and services.

This Privacy Statement only covers our privacy practices with respect to the collection, use, and disclosure of Personal Information obtained: (i) through the Upside Analytics websites that link to this Privacy Statement ("Website"); (ii) in connection with your purchase and use of our software products (“Solutions”) and related support and professional services (“Services”); and (iii) in connection with events hosted by us where we collect information from registrants and attendees (“Events”). This Privacy Statement does not cover any data stored in the Upside Analytics Solution.

For the purposes of this Privacy Statement:

• “Customer” means the entity that purchases our Solution or Service.
• “Mobile Applications” means applications downloaded to a mobile device by an authorized user of our Solutions.
• “Partner” means an entity that sells Upside Analytics Solutions and Services or provides services or technology to Upside Analytics Customers on behalf of Upside Analytics.
• “Personal Information” means information about an identified or identifiable natural person.

If you have any questions or concerns about our use of your Personal Information, please contact us using the contact details provided at the bottom of this Privacy Statement.

Collection of Your Personal Information

The types of Personal Information we collect will depend upon your interactions with Upside Analytics. We may collect information directly from you when you use our Websites, sign up for our newsletter and/or purchase or use our Solutions and Services. We may also collect information from trusted third-party sources and engage third parties to collect Personal Information to assist us. The types of information we collect from you may include the following:

• Contact Information and User Credentials. Name, employer, title, email address, physical address, phone number, and other contact information.
• Payment and Billing Information. Credit card number, banking information and billing and shipping addresses.
• Demographic Information. On occasion, Upside Analytics may collect other demographic information, such as gender, race, ethnicity, veteran status and age.
• ‍Online Identifiers. Internet protocol address or location data when you access the Website or Mobile Applications (as defined below).
• ‍Device Information and Usage. Device settings, attributes, identifiers, and interactions when you access the Website or Mobile Applications.
• ‍Employment Application Information. Employment history, employment status, education and other background information in connection with an application for employment with Upside Analytics.

In some instances, Upside Analytics and the third parties we engage may automatically collect data through cookies, web logs, web beacons, and other similar applications. For detailed information, please see our Cookie Policy.

Uses of Your Personal Information

We may use your Personal Information for the purposes of operating our business, delivering, improving, and customizing our Websites, selling our Solutions and Services, sending marketing and other communications related to our business, and for other legitimate purposes permitted by applicable law. Some of the ways we may use Personal Information include:

• To understand you and your preferences to enhance your Website experience;
• To send our Customers and Partners Upside Analytics-related information, including confirmations, account verification, invoices, technical notices, updates, security alerts, and support and administrative messages;
• To communicate with you about promotions, upcoming events, and news about products and services offered by Upside Analytics and our selected Partners;
• To link or combine information about you with other Personal Information we get from third parties, to help understand your needs and provide you with better and more personalized Website experience;
• To enforce our terms and conditions or protect our business, Partners, or users;
• To operate, maintain, and provide to you the features and functionality of the Website;
• In connection with your application for employment with Upside Analytics;
• To register you for Events you sign up for with us and populate profiles for you in our records;
• To communicate with you about Events or contact you for marketing purposes, in accordance with your marketing preferences;
• For industry analysis, benchmarking, analytics, marketing, and other business purposes;
• To operate and improve our Solutions and Services; or
• To provide our Services.

We may also use information we collect about our Customers and Partners for billing and contracting purposes.

If you are from the European Economic Area (“EEA”), our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will normally collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you.

You can edit your communication preferences at any time. See Controlling Your Personal Information below.

Sharing Your Personal Information

We may share your Personal Information with third parties for the purposes of operating our business, selling, delivering and improving our Solutions and Services, sending marketing and other communications related to our business, and for other legitimate purposes permitted by applicable law or otherwise with your consent.

We may share Personal Information in the following ways:

• Within Upside Analytics and any of our global subsidiaries. These companies will use your Personal Information in the same way as we can under this Privacy Statement.
• With third party vendors, consultants and other service providers that perform services on our behalf. Examples include, but are not limited to: processing of orders and credit card transactions, hosting websites, hosting Event registration, assisting with sales-related efforts or post-sales support, recruitment and human resources, and providing Services.
• In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company.
• In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation or legal process.
• With law enforcement officials, government authorities, or other third parties as necessary to comply with legal process or meet national security requirements; protect the rights, property, or safety of Upside Analytics, its business partners, you, or others; or as otherwise required by applicable law.
• In aggregated, anonymized, or de-identified form which cannot reasonably be used to identify you.

We do not sell Personal Information nor do we rent or trade Personal Information collected through the Website with third parties for their promotional purposes.

Mobile Applications

We may obtain additional information through Mobile Applications that you download to your mobile device (“Device”). “Mobile Applications” means applications downloaded by an authorized user of our mobile software application to a mobile device. Mobile Applications we provide may obtain, collect or access information from your Device in connection with your use of the Solutions, and are designed to interoperate with the Solutions; for instance, to provide you with access to information within the Solutions.

In order to provide and operate the Mobile Applications, we need certain information from you. For example, we ask you to provide some Personal Information, such as login credentials to access and use the Solutions through the Mobile Applications. We may only be able to collect or access this information if the Device settings allow it, so you should always review our Mobile Applications settings under the Device settings menu to determine the access restrictions for the Mobile Applications. The Mobile Applications also provide location information to us by way of the internet protocol addresses from which you access the Mobile Applications.

Our Mobile Applications may also provide us with information regarding your Device, such as the Device model, manufacturer, and operating system. We may also collect Device event information, such as error logs and crashes related to our Mobile Applications, which allows us to provide a better experience to you. In addition, we may use information collected by our Mobile Applications to enforce our rights arising from contracts we enter into with you.

In addition, to provide this Mobile Application, we work with our group companies and certain partners and service providers who may have access to your information.

Security of Your Personal Information

We implement physical, administrative, and technical safeguards designed to protect your Personal Information from unauthorized access, use, or disclosure. We also contractually require that our service providers protect such information from unauthorized access, use, and disclosure. However, you should know that no company, including Upside Analytics, can fully eliminate security risks associated with Personal Information. Further, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any Personal Information you provide to us.

Retention of Your Personal Information

We will retain your Personal Information as needed to fulfill the purposes for which it was collected. We will retain and use your Personal Information as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements. When we have no ongoing legitimate business need to process your Personal Information, we will either delete it, anonymize it or securely store your Personal Information and isolate it from any further processing until deletion is possible.

Controlling Your Personal Information

Our marketing emails permit you to "opt-out" of or “unsubscribe” from receiving further marketing emails. Certain jurisdictions, for example the EEA and California, provide their residents certain privacy rights under applicable law, including, as applicable, the right to object to or restrict the processing of Personal Information, to transfer Personal Information (data portability), or to request that we correct any inaccuracies or otherwise update your Personal Information.

You may contact us to exercise your rights using the contact details in the section titled “How to Contact Us” below. We will respond to such requests in accordance with the requirements of applicable data protection laws. Please note that in order to fulfil your request, we may need you to provide certain information to verify your identity.

These choices do not apply to service notifications or other required communications that are considered part of the Solutions or Services, which you may receive periodically unless you stop using or cancel the Solution or Services in accordance with its terms and conditions. Moreover, certain Personal Information may be exempt from such requests in certain circumstances, which may include circumstances where we need to keep processing your Personal Information for our legitimate interests or to comply with a legal obligation.

Cookies and Web Beacons

Like many websites, Upside Analytics uses automatic data collection tools, such as cookies, embedded web links, and web beacons. “Cookies” are small text files that we and others may place in users' computer browsers to store their preferences. "Web beacons" or “pixel tags” are small pieces of code placed on a web page or within the body of an email to monitor the behavior and collect data about the users viewing a web page or viewing or opening an email.

While Upside Analytics attempts to honor do not track (“DNT”) instructions we receive from a user’s browser, we cannot guarantee that Upside Analytics will always respond to such signals, in part, because of the lack of common industry standard for DNT technology. We continue to monitor developments in DNT technology and stay apprised of DNT industry standards as they evolve.

For more information about the cookies and related technology we use on our Websites, please refer to our cookie policy.

International Data Transfer

Upside Analytics stores and processes any information collected in : (i) any country where we have facilities, (ii) any country in which we engage service providers; or (iii) any country where Events are held.

If you are a user from the EEA, we will protect your Personal Information when it is transferred outside of the EEA by:

• Processing it in a territory which the European Commission has determined provides an adequate level of protection for Personal Information; or
• Otherwise implementing appropriate safeguards to protect your Personal Information, including through the use of Standard Contractual Clauses or another lawful transfer mechanism approved by the European Commission.

If you require further information about our international transfers of Personal Information, please contact us using the contact details in the section titled “How to Contact Us” below.

California Privacy Disclosures

The California Consumer Privacy Act (“CCPA”) requires businesses to provide additional disclosures of California consumer rights relating to the sharing of, access to, and deletion of Personal Information that is collected. We may share Personal Information with third parties or allow them to collect Personal Information as described in this Privacy Statement. We may share or disclose the Personal Information listed in the section above titled “Collection of Your Personal Information” our business purposes.

California consumers have a right to request information about the collection of your Personal Information, and access to and deletion of your Personal Information under the CCPA. We do not sell the Personal Information of California consumers and do not discriminate in response to privacy rights requests.

If you are a California consumer and you or your authorized agent would like to exercise your privacy rights, please contact us using the contact details in the section titled “How to Contact Us” below. We may need to verify your identity and place of residence before completing your rights request.

General

Linked Websites

We may provide links to other third-party websites and services that are outside our control and not covered by this Privacy Statement. We encourage you to review the privacy statements posted on those websites (and all websites) you visit.

Children's Privacy

Upside Analytics does not knowingly collect Personal Information from children without appropriate parental or guardian consent. If you believe that we may have collected Personal Information from someone under the applicable age of consent in your country without proper consent, please let us know using the methods described in the How to Contact Us section and we will take appropriate measures to investigate and address the issue promptly.

Changes to this Privacy Statement

Upside Analytics may modify or update this Privacy Statement from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the Privacy Statement in a material manner we will let you know and update the ‘effective date’ at the top of this page.

How to Contact Us

If you have any questions about this Privacy Statement or our privacy practices, please email us at info@upsideanalytics.io or write to us at:

Upside Analytics, Inc.

ONE CANAL PLAZA, 9TH FLOOR

PORTLAND, ME, 04101

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