Privacy Policy

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Important

At Upmind we do not have access to your customer data and we do not collect any data on your own Upmind instance. If you request that our support team access your Upmind instance to assist with debugging an issue, you can temporarily enable our access in your admin area and see a log of everything we do.

We ask that you read this privacy policy carefully as it contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

This website privacy policy is divided into the following sections:

• Who we are
• Our website
• Our collection and use of your personal information
• Transfer of your information out of the EEA
• Cookies and similar technologies
• Marketing
• Your rights
• Keeping your personal information secure
• How to complain
• Changes to this website privacy policy
• How to contact us

Who we are

Upmind is operated by Upmind Automation Limited, a company registered in England and Wales. Our company registration number is 11233733 and our registered office is at 5 Sydney Street, Chelsea, London, United Kingdom, SW3 6PU. We provide client management and billing software.

We collect, use and are responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.

Our Website

This section relates to your use of our website, https://upmind.com. It does not related to your Upmind app.

Throughout our website we may link to other websites owned and operated by certain trusted third parties to make additional products and services available to you. These other third party websites may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to these other third party websites, please consult their privacy policies as appropriate.

Our collection and use of your personal information

We collect personal information about you when you access our website, register with us, contact us, send us feedback, add users and features to your Upmind instance, post material to our website and compete customer surveys via our website.

We collect this personal information from you either directly, such as when you register with us, contact us or purchase products or services via our website or indirectly, such as your browsing activity while on our website (see ‘Cookies’ below).

The personal information we collect about you depends on the particular activities carried out through our website. This information includes:

• your name, address and contact details;
• your payment details, in the form of gateway tokens. We do not store card numbers or bank details as part of our payment system;
• your location, IP address, browser information & referrer;
• details of any feedback you give us by phone, email, post or via social media
• information about the services we provide to you;
• your account details, such as username, login details, and usage statistics;
• your website information and domain information;
• any pre-sales, billing and support communications;
• information on where you found us;

We use this personal information to:

• create and manage your account with us;
• verify your identity;
• provide goods and services to you;
• customise our website and its content to your particular preferences;
• assist in transfers and migrations from other providers to us;
• notify you of any changes to our website or to our services that may affect you;
• provide and review customer support;
• co-operate with internet governance and regulatory authorities when required;
• improve our services;
• prevent fraud.

Our services are not available to those aged 17 or under. This website is not intended for use by children and we do not knowingly collect or use personal information relating to children.

Our legal basis for processing your personal information

When we use your personal information, we are required to have a legal basis for doing so. There are various different legal bases on which we may rely, depending on what personal information we process and why.

The legal bases we may rely on include:

• consent: where you have given us clear consent for us to process your personal information for a specific purpose
• contract: where our use of your personal information is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract
• legal obligation: where our use of your personal information is necessary for us to comply with the law (not including contractual obligations)
• legitimate interests: where our use of your personal information is necessary for our legitimate interests or the - legitimate interests of a third party (unless there is a good reason to protect your personal information which overrides our legitimate interests)

Further information—the personal information we collect, when and how we use it

For further details on when we collect personal information, what we collect as well as how we use it, please read the following sections:

If we receive unsolicited personal information we will endeavour to

Who we share your personal information with

We will never sell your personal information or data to a third party.

However, we may share your personal data with affiliated companies or with trusted third parties and service providers who we partner with in order to provide you with our services. These services include:

• processing card payments;
• providing sales, customer service and technical support;
• performing analysis of our services and customers demographics;
• communicating with you, such as by way of email or survey delivery;
• fraud prevention analysis

We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. For instance, if it is sufficient for us to share only a userid rather than an email this is the approach taken. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilising, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).Some of those third party recipients may be based outside the European Economic Area — for further information including on how we safeguard your personal data when this occurs, see ‘Transfer of your information out of the EEA’.

We will share personal information with law enforcement or other authorities if required by applicable law.
We will not share your personal information with any other third party.

App Data Collection

Within the Upmind application, user data may be shared with affiliated companies or trusted third parties and service providers, for the following reasons:

• Fraud prevention and scanning
• User help guides
• Feature tracking and requests
• Usability improvements

Transfer of your information out of the EEA

We may transfer your personal information to the following which are located outside the European Economic Area (EEA) as follows:

• To fraud prevention companies in the United States of America who provide us with fraud risk analysis. These include FraudLabsPro and MaxMind
• To Indonesia where we have a support team.
• Limited information such as Usernames and Email Addresses to Featurebase, so we can update you of app improvements and bug fixes.
• To CampaignMonitor, for sending you announcements and updates.

Such countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that such countries provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to appropriate and suitable relevant safeguards (as permitted under GDPR Article 46) that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.

We will not otherwise transfer your personal data outside of the EEA or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

Cookies and other tracking technologies

A cookie is a small text file which is placed onto your device (eg computer, smartphone or other electronic device) when you use our website. We use cookies and on our website and single pixel gifs on some emails. These help us recognise you and your device and store some information about your preferences or past actions.

For further information on cookies and single pixel gifs, our use of these devices, when we will request your consent before placing them and how to disable them, please see our Cookie Policy.

Marketing

We would like to send you information about our products and services and special offers, which may be of interest to you. Where we have your consent or it is in our legitimate interests to do so, we may do this by post, email, telephone, text message (SMS) or automated call.

If you have previously agreed to being contacted in this way, you can unsubscribe at any time by adjusting your settings in your Upmind admin area.

It may take up to 7 days for this to take place.

For more information on your rights in relation to marketing, see ‘Your rights’ below.

Your rights

Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:

• fair processing of information and transparency over how we use your use personal information
• access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
• require us to correct any mistakes in your information which we hold
• require the erasure of personal information concerning you in certain situations
• receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
• object at any time to processing of personal information concerning you for direct marketing
• object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
• object in certain other situations to our continued processing of your personal information
• otherwise restrict our processing of your personal information in certain circumstances

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

• contact us through your Upmind app or via email
• let us have enough information to identify you eg your account number, user name, registration details,
• let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
• let us know the information to which your request relates.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

We hope that we can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: [0303 123 1113].

Changes to this website privacy policy

We may change this website privacy policy from time to time.