Privacy Policy Statement

Effective date of Current Policy 03/10/2021

USI Technologies, INC. (“UpSellit”) is a marketing technology and automation platform and service. We help online retailers (“Clients”, “Partners”, “Merchants”) increase engagement and online sales from their website visitors (“Users”, “Shoppers”, “Consumers”) via a suite of conversion optimization technologies (“Technology”).

UpSellit is a third-party data processor that collects, stores, and uses data as determined by its Partners (“Data Controllers”). The legal basis for processing such data and the retention period is determined by our Clients and legal frameworks within respective regions (CCPA, GDPR, CAN-SPAM, CASL, ET. AL).

This Privacy Policy describes the information that we collect through our Technology and services (“Services”), including the dashboard for our Clients to utilize or manage their campaigns and our Services (“Dashboard”), and how we use that information. If you have any questions about our Privacy Policy, please contact us at hello@upsellit.com.

Where UpSellit is a data controller (e.g. web form submissions on upsellit.com domain properties) the legal basis will be both legitimate interest (e.g., where we have evaluated that our interests are not overridden by Users’ fundamental rights) and consent depending on the type of information subject to processing and the information we receive.

This privacy policy is available for review at the moment of data collection for users' consideration. If you do not agree with our privacy policy, do not use the marketing engagement. By submitting any personal information to the marketing engagement, you agree to be bound by the terms of this privacy policy statement.


NOTICE OF FINANCIAL INCENTIVE

This Notice of Financial Incentive ("Notice") is to provide you with information regarding any financial incentive or “price or service difference” that we may provide in exchange for your personal information. All terms are used in this Notice as defined in the CCPA and similar regulations.

In order to receive financial incentives, or price or service differences from our Merchants, you may provide personal information from time to time. You can opt-in to the financial incentive, or price or service difference, by submitting the personal information requested at the point of collection. Personal information includes, but is not limited to, email address, phone number, IP address, device type, active browser, among other Personally Identifiable Information (PII) we collect on behalf of Merchants for marketing purposes. The amount or nature of the financial incentive, or price or service difference, will be specified at the point of collection that presents the opportunity to redeem financial incentive in exchange for your personal information. 

You have a right to opt-out of financial incentives at any time. To exercise your right, please review our Privacy Policy and use the contact information found in the Policy to submit a request. The level of service and experience you receive lies with Merchants and we assume no responsibility for services, or lack thereof, you experience with Merchants beyond the extent permitted by our Privacy Policy, business relationship with Merchant, and initial financial incentive offer. 

Each financial incentive, or price or service difference, related to submission and PII is based upon each Merchant’s reasonable but sole determination of the estimated value of such information. We do not assign a monetary value to the data that we collect and strive to only use that information to further our business in accordance with our Privacy Policy; to the extent that we are required to assign a monetary value to your personal information it is equal to the value of the discount or financial incentive that is provided to you by Merchants at the point of collection.


COLLECTION OF PERSONAL INFORMATION

UpSellit collects and uses two types of personal information - Personally Identifiable Information ("PII") and Pseudonymous Information ("Information") - so that UpSellit can provide certain services and quality measures that enhance the shopping experience for Users on Merchants websites. Information that UpSellit collects includes, but is not limited to: IP address, name, phone number, email address, web browser, device type, pages visited, items added to cart, and other session data. The information we collect is specified by Merchants we contract with and we are the third-party processors ("Data Processor") and as the Data Processor we are authorized to collect on behalf of Data Controllers. You can request more information on the information being collected, how it is used, where it is stored, and to have it deleted at any time by emailing hello@upsellit.com.

UpSellit typically obtains Information from Merchants that collect it via online forms on Merchant domain properties. UpSellit uses this data as directed by Merchants. UpSellit’s Technology may access this information automatically as each data point is entered by Users into a particular web form in accordance with applicable law. We combine this PII with pseudonymous information also collected via Merchant websites.


USE OF PERSONAL INFORMATION

UpSellit does not disclose, store, or share end user PII or Pseudonymous information with sites or apps other than the Data Controller requesting data collection and processing for their specific marketing purposes. 

UpSellit uses information it collects to provide marketing services and engagements on behalf of Merchants, to better understand users on behalf of Merchants, to provide better product recommendations, services, and experiences on behalf of Merchants, and other purposes deemed necessary or required by Merchants to enforce the Terms of Use and other terms or conditions applicable to any portion of the site.


COOKIES AND IP ADDRESSES

We also collect pseudonymous information via the Merchant’s website to help us administer the marketing engagements and to compile statistics such as the number of visitors. The information collected includes, but is not limited to, the name of your internet service provider, the IP address of the computer or device you are using, the type of browser and operating system that you use, the date and time you access the Merchant’s websites, the website referrer address and other log file information.

Our marketing engagements use cookies to identify you over multiple visits to the site, for example to remember your country and provide country-specific content. UpSellit does not use third-party cookies. Rather than third-party cookies, UpSellit uses first-party javascript cookies that live and stay on Merchants' domain properties. Cookies are optional, and you can block or delete them at any time. However, some parts of our marketing engagements will not work without cookies. Cookies may also be used to track visitor behavior on the website, which allows visitors to receive personalized marketing engagements that reflects their past behavior on Merchant sites.


TEXT MESSAGE (“SMS”) MARKETING

By providing your contact information you provide clear, expressed consent to receiving information on products, sales, and promotions regarding our Merchant’s product or services via SMS . Consent is not a requirement to the purchase of goods or services. You may opt-out at any time by replying "STOP" to any message that you receive and you may request additional assistance by replying "HELP". After opting out, you may again opt-in to receiving communications by replying START. You may receive 5 messages per month, however the exact amount will be determined by the Merchant.

Note to T-Mobile customers: T-Mobile is not liable for delayed or undelivered messages. Message and Data Rates May Apply.

AGGREGATION AND USE OF ANONYMOUS DATA

We reserve the right to aggregate information collected from visitors to our Client’s websites to create anonymous statistical and demographic data. The anonymous data is collected and reviewed to help UpSellit and its Clients better understand Consumers. The anonymous data may be published and shared through reports, case studies, and similar mediums, but never in such a fashion as to reveal PII or other highly personal or confidential information.

UpSellit’s domain properties collect pseudonymous information with use of Google Analytics platforms. For more information about how Google Analytics processes your data please visit Google's Privacy & Terms.


DATA SHARING

UpSellit does not disclose, share, or sell personal information it collects through Users’ use of Merchants’ websites with unaffiliated third parties.

On occasion, UpSellit may offer in conjunction with Affiliate Networks, Affiliate Agencies, or other third parties certain services that may require you to share your personal information with that third party as a condition for receiving that service. While UpSellit will treat any information it receives in accordance with this Privacy Policy Statement, UpSellit will not be responsible for the information submitted by you to that third party, and we remind you to review the applicable rules and any third party applicable Privacy Policies separately before participating in such services. Third party vendors may also use cookies to serve digital ads based on a person’s past visits to the UpSellit site.


DECLINING INFORMATION

You can opt out of receiving UpSellit marketing messages; see the Accept/Decline section below. Please note that it may take us a reasonable amount of time to process your request and take action in accordance with the timeframes allowed with varying regional Data & Privacy Legislations.

Please note, if you decline to receive further information or cancel your account with a Merchant, UpSellit reserves the right to use the information you previously provided to provide you with products and services you are eligible to receive. Additionally, UpSellit reserves the right to contact you about administrative matters relating to your use of any portion of the site, your account, or about any issues relating to the Terms of Use, this Privacy Policy, or any other policy then in-effect.


ACCEPT/DECLINE

Typically you accept to receive communications when you submit information to a marketing engagement. If you wish to remove your information from the site database and no longer want to receive future communications, you may do so through the method described below. UpSellit can honor a request to correct or delete data within 24 hours of the request that such action is desired.

  1. You can send an email to hello@upsellit.com for assistance in deleting/changing your prior selections.

  2. You can click the ‘delete my data’ button located in the footer of UpSellit’s emails.


UPSELLIT LINKS TO OTHER SITES AND ADVERTISING

This site may display advertisements and/or links to third parties. UpSellit is not responsible for the privacy practices or the content of those websites. Please refer to that company's privacy policy for further information.


SURVEYS

From time to time UpSellit may make online surveys available to users of the site. Participation in those surveys is voluntary. Some online surveys may ask participants for personal information, such as an email address, in addition to requesting answers to survey questions. UpSellit may use that personal information to contact the participant if necessary, or as otherwise described above. UpSellit may make the results of any survey publicly available, although UpSellit will not attribute any particular response to you without your permission.


CHILDREN

We do not wish to receive data from children. We encourage parents and guardians to spend time online with their children and to participate in the interactive activities offered on the sites their children visit. No information should be submitted to, or posted at, UpSellit’s website by visitors under 18 years of age without the consent of their parent or guardian. For sites that are intended for use by children we have put in place additional privacy practices which are described on those sites.
 


GENERAL ISSUES

Generally speaking, this site has security measures in place to protect against the loss, misuse and alteration of the information under our control. No security measures are 100% effective and UpSellit does not warrant the security of your personal information. Since the site under general usage does not collect financial information, UpSellit uses the standard internet connections for those general usage portions of the site, without secured sockets.


SPECIFIC SERVICES

This site may provide certain additional, optional services that may use additional security measures to protect the information, such as financial information, provided by you to obtain the service. Those additional security measures may vary, depending upon the particular service offered. You will be informed of any specific security measures at the time you register for a particular service. Please review that information for further detail.


CHANGES TO THIS POLICY

If and when UpSellit makes changes to this site and its products and services, UpSellit may have to update this Privacy Policy Statement to better reflect those changes. Because changes to this site or updates to this Privacy Policy Statement may occur, you should review this Privacy Policy Statement from time to time. Remember, your decision to continue using this site after this Privacy Policy Statement is updated will signify that you have agreed to any new terms.


RETRIEVE / CORRECT / DELETE / DO NOT SELL DATA

UpSellit gives users the following option for changing, modifying, deleting, or preventing the sale of information previously provided.

  1. You can send an email to hello@upsellit.com for assistance in retrieving, correcting, deleting, or preventing the sale of your prior selections.


CONTACTING THE WEB SITE

If you have any questions about this privacy statement, the practices of this site, or your dealings with this site, you can contact the Manager at the following address and email:

Manager, Website Strategy & Operations

USI Technologies, Inc.

P.O. Box 2870

Camarillo, CA 93011

U.S.A

hello@upsellit.com


NOTICE TO EUROPEAN USERS

Please note that the information you enter on the site or otherwise provide to UpSellit, or its subsidiaries or divisions, may be transferred outside of the European Economic Area, for purposes of processing, by UpSellit, a company located in Camarillo, California, U.S.A., or its subsidiaries or UpSellit's subsidiaries or divisions, or authorized partners, located worldwide, in order to provide this site and its services to you. You are advised that the United States uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. You are further advised that the Council of the European Union has found that this model does not provide "adequate" privacy protections as contemplated by Article 25 of the European Union's Data Directive. (Directive 95/46/EC, 1995 O.J. (L 281) 31)

UpSellit maintains full compliance with the General Data Protection Regulation (GDPR). Article 44 GDPR allows for transfer of personal data to a third country or to an international organization if the provisions of GDPR are complied with by the data controller and processor.

By agreeing to this Policy, you consent to the transfer of all such information to the United States and the processing of that information as described in this Policy


NOTICE TO CALIFORNIA USERS

Effective January 1, 2020, the California Consumer Privacy Act (CCPA) brings about five new rights to consumers and their data. Each right gives consumers more control over their own personal information, as well as the power to retrieve, delete, or prevent its
sale at any time. The five new privacy rights protected are as follows: (1) the right to know what personal information is being collected, (2) the right to know whether personal information is being sold or disclosed and to whom, (3) the right to say no to the sale of personal information, (4) the right to access personal information and delete the information upon request, (5) the right to equal service and price, even if consumers exercise their privacy rights. 

 


 

Refer-A-Friend Programs 

UpSellit has created these Terms & Conditions in order to inform you of our policies for the collection, use, and disclosure of personal information that may be collected by UpSellit when you participate in Refer a Friend programs hosted by UpSellit for merchants. UpSellit’s partner websites may contain additional terms and policies separate from UpSellit for which it is your responsibility to also read and understand the terms should you object to any provisions or reasonings with how your data is collected, stored, or used for marketing purposes. Your visits to those sites will be governed by the privacy policies, if any, that govern those sites.

PLEASE REVIEW THESE TERMS & CONDITIONS BEFORE PARTICIPATING IN THIS REFERRAL PROGRAM AND MARKETING ENGAGEMENT. IF YOU DO NOT AGREE WITH OUR TERMS, DO NOT PARTICIPATE. BY SUBMITTING ANY PERSONAL INFORMATION TO THE MARKETING ENGAGEMENT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PROGRAM.


 

1. Terms and Conditions

2. Referrals and Rewards

3. Data Processing

4. Removal from Referral Program

5. Disclaimer of Warranties

6. Conduct

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

You expressly understand and agree that the Merchant, including any vendors and service providers (UpSellit) associated with or assisting in providing the program, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company was advised of the possibility of such damages), resulting from: (i) the use or the inability to use the program; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the program; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on or through the program; or (v) any other matter relating to the program. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations in this paragraph may not apply to you.

Users should use the Program at their own risk.