NOTICE OF FINANCIAL INCENTIVE
This 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, among other Personally Identifiable Information (PII) we collect on behalf of Merchants. 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.
COLLECTION OF PERSONAL INFORMATION
USI Technologies, Inc does collect and use personal information so that USI technologies can provide certain services and quality measures that enhance the shopping experience. Personal information that USI Technologies, Inc collects includes, but is not limited to: IP address, name, phone number, email address, web browser, device type. The information we collect is specified by the data controllers we contract with and we are the third-party processor of the data authorized to be collected by data controller(s). You can request more information at any time by emailing firstname.lastname@example.org.
USE OF PERSONAL INFORMATION
We also use this information to send you information about USI, or other topics USI thinks may be of interest to you, such as product information or updates. As part of its business, USI works with authorized partners to provide you with the services and information. As part of those activities, USI may share your information with those authorized entities so that they can directly provide the information or services to you.
SUBMISSION OF PERSONAL INFORMATION
Certain portions of the marketing engagements may require that you submit some personal information, such as your name and email address, before using those portions of the site. For some services, you may have to create an account, and submit additional personal information such as your mailing address.
COOKIES AND IP ADDRESSES
UpSellit does not collect, retain, or share end user information including IP addresses, unique user identifiers, or personally identifiable information from sites or apps not owned by UpSellit (Third Party Websites).
Generally speaking, you may visit the partner site while remaining anonymous and not revealing any personal information.
Our marketing engagements automatically log your IP address and domain name, and non-personal information such as the type of web browser you use, to help us administer the marketing engagements and to compile statistics such as the number of visitors.
By providing your contact information you provide clear, expressed consent to receiving information on products, sales, and promotions via SMS / text message. 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.
AGGREGATION AND USE OF ANONYMOUS DATA
USI aggregates information provided by you to create anonymous statistical and demographic data. This anonymous data helps USI to understand and know its customer base better. That anonymous data may be provided to third parties but never in such a fashion as to identify you personally. Some USI products use Google Analytics for the collection of anonymous data. Learn more about how Google uses data collected using Google Analytics.
USI does not sell to third parties information you have submitted to this site that identifies you personally.
You can opt out of receiving USI marketing messages; see the Accept/Decline section below. Please note that it may take us a reasonable amount of time to process your request.
USI LINKS TO OTHER SITES AND ADVERTISING
From time to time USI 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. USI may use that personal information to contact the participant if necessary, or as otherwise described above. USI may make the results of any survey publicly available, although USI will not attribute any particular response to you without your permission.
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, USI’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.
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 USI does not warrant the security of your personal information. Since the site under general usage does not collect financial information, USI uses the standard internet connections for those general usage portions of the site, without secured sockets.
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
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.
You can send an email to email@example.com for assistance in deleting/changing your prior selections.
You can click the ‘delete my data’ button located in the footer of USI’s emails.
RETRIEVE / CORRECT / DELETE / DO NOT SELL DATA
USI gives users the following option for changing, modifying, deleting, or preventing the sale of information previously provided.
You can send an email to firstname.lastname@example.org 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.
29219 Canwood St, Suite 230
Agoura Hills, CA 91301
NOTICE TO EUROPEAN USERS
Please note that the information you enter on the site or otherwise provide to USI Technologies, or its subsidiaries or divisions, may be transferred outside of the European Economic Area, for purposes of processing, by USI Technologies, Inc. a company located in Agoura Hills, California, U.S.A., or its subsidiaries or USI'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)
USI 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.
USI Technologies, Inc., DBA 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 USI when you participate in Refer a Friend programs hosted by USI for merchants. USI’s partner websites may contain additional terms and policies separate from USI's 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
- 1.1. UpSellit ("we" or "UpSellit") offers customers ("you" or "Referrers") of retailers ("the Merchant") the opportunity to refer friends (“Friends”) to try the Merchant's goods or services ("Merchant's Services") ("UpSellit Referral Program" or "Program").
- 1.2. These terms apply to individuals who are accessing or using the Program both as a referrer (“Referrer”) and a friend (“Friend”) referred to the Merchant's Services.
- 1.3. By participating in the Program, Referrers and Friends agree to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Referrer or Friend or participate in the Program in any manner.
- 1.4. We reserve the right to modify or amend these Terms and Conditions at any time. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our website or the Program you will be deemed to have accepted the new terms.
2. Referrals and Rewards
- 2.1. Each Merchant's programs offer unique ways for Referrers and Friends to participate in programs. Offers may be subject to minimum spend depending on unique terms of Program.
- 2.2. There are limits in place on how many and how frequently referrals can be made by any single referrer. Rewards may not be given if those limits are exceeded.
- 2.3. To participate in the promotion, customers must have a unique valid promotional code. Each unique valid promotional code is limited to one use only.
- 2.4. The promotion is only available to US residents.
- 2.5. Rewards must be claimed before the expiration of codes, if applicable.
- 2.6. Merchant reserves the right to refuse the issue of any reward to any Referred Friend or Referrer at any time.
- 2.7. Merchant reserves the right to vary any and all elements of this offer at any time without notice.
- 2.8. Merchant reserves the right, at their sole discretion, to prevent any individual from participating in this or future promotions.
- 2.9. Referral credit cannot be applied to previous purchases, and is not redeemable for cash.
- 2.10. This referral program is subject to modification or termination at any time without notice in our sole discretion.
- 2.11. For “Gift with Purchase” promotions, Merchant does not guarantee which item will be gifted. Limited quantities available and offer is while supplies last.
- 2.12. Gift cannot be exchanged or returned for refund, and will not be replaced if misplaced, lost or stolen. If the purchase is returned, then the Gift must also be returned. If the Gift has already been shipped to a customer who wishes to make a return, then the customer must either ship the Gift back to Merchant or the ARV of the Gift will be deducted from the return credit.
- 2.13. Both Referral and Gift Promotions cannot be combined with other offers. Purchases are limited to one promotion code at a time.
3. Data Processing
- 3.1. Merchant ("Data Controller" permits UpSellit to collect Personally Identifiable Information (PII) data including, but not limited to, name, email address, and IP Address, in order to successfully manage the referral program.
- 3.2. UpSellit will collect, process and store PII in a matter dictated by Merchant's program requirements.
- 3.3. Merchant is the data controller of the Program and UpSellit is the third-party processor of the data authorized to be collected by Data Controller. UpSellit collects PII deemed necessary by Merchant to manage the referral program.
- 3.4. UpSellit shall implement security provisions that are equivalent to or exceed those of UpSellit to protect Merchant’s PII.
4. Removal from Referral Program
- 4.1. If Referrer or Friend wishes to be removed from the referral program, they can do so by contacting: email@example.com.
5. Disclaimer of Warranties
- 5.1 Users expressly understand and agree that: (a) your use of the program is at your sole risk, the program is provided on an “as is” and “as available” basis and the company expressly disclaims all warranties, conditions and terms (collectively, "promises") of any kind, whether express or implied by statute, common law or custom, including, but not limited to, warranties as to products or services offered through the use of the program, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement; (b) the company makes and gives no warranty that (i) the program will meet your requirements, (ii) be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the use of the program will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the program will meet your expectations, and (v) any errors in the service will be corrected; and (c) any material downloaded or otherwise obtained through the use of the program is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.
If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.
6.1 PROHIBITED CONDUCT, GENERALLY
Users agree not to use the Program to: · Violate applicable law; · Infringe the intellectual property rights of the Merchant, its Service Provider or any third parties; · Stalk, harass, or harm another individual; · Collect or store personal data about other Users; · Impersonate any person or otherwise misrepresent User's identity; · Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks; · Interfere with another User's use of the Program; · Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program; · Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; · Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; · Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others
6.2 BULK DISTRIBUTION (“SPAM”)
Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Personal Link. We have a zero tolerance spam policy. The Merchant or UpSellit may choose to block any email messages, remove any such content, or prohibit any use of the Program when it is deemed fit or necessary.
Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.
6.3 FRAUDULENT AND SUSPICIOUS BEHAVIOR
Merchant may prohibit a User from participating in the Program or receiving a credit, gift, or reward, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.
Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.
Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
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.