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).
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.
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.
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 firstname.lastname@example.org.
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.
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.
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.
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.
UpSellit does not disclose, share, or sell personal information it collects through Users’ use of Merchants’ websites with unaffiliated third parties.
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.
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 UpSellit’s emails.
UPSELLIT LINKS TO OTHER SITES AND ADVERTISING
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.
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.
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.
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
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.
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.
P.O. Box 2870
Camarillo, CA 93011
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.
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
- 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.