Upwage Privacy Policy

Effective as of March 14, 2024. 

Scope and Applicability

This Privacy Policy describes how Upwage Inc. (“we”, “us”, “our”, or the “Company”) handles personal information that we collect or may otherwise process about our users (“User(s)”, “your”, or “you” through our digital properties that link to this Privacy Policy, including our website available at https://upwage.com and any of its subdomains (the “Website”) which provides information about our artificial intelligence (“AI”) powered Software-as-a-Service (SaaS) platform which allows our business customers (“Customers”) to optimize, automate, and expedite such Customers’  candidate screening processes (the “Platform”) , as well as through social media, our marketing activities , and any other services we may provide to you from time to time (together with our Website and Platform herein as the “Services”). 

Users of our Services (referred to, unless otherwise specifically indicated, as “Users” or “you” collectively) may include (i) individuals who use our Platform in their capacity as employees, service providers and consultants or other personnel of our Customers including individuals identifying as a Customer “admin” users or other Customer personnel (collectively, “Customer Platform User(s)”) or Customer’s candidates (each, a “Customer Candidate”), using or accessing the Services under Customer’s account or on Customer’s behalf (the Customer Admin and Customer Candidates shall be referred to collectively as,  “Customer End-User(s)”); and (ii) visitors of the Website (each, a “Visitor”);.

This Privacy Policy supplements and shall be read in conjunction with the Upwage Website Terms and Conditions (“T&Cs”) and the respective commercial agreement entered into between Upwage and the applicable Upwage Customer, including without limitation, our SaaS Services Agreement and any exhibits entered into between Upwage and a Customer (collectively, a “Customer Agreement”) and may be supplemented by additional privacy statements, terms or notices provided to You. Capitalized Terms not defined herein shall have the meaning ascribed to them under our T&Cs or the Customer Agreement. In case of any conflict or inconsistency between the terms of the Customer Agreement and the T&Cs and/or this Privacy Policy, the terms of the Customer Agreement shall prevail and govern.

Index

·   Personal information we collect

·   How we use your personal information

·   How we share your personal information

·   Your choices

·   Other sites and services

·   Security

·   International data transfer

·   Children

·   Changes to this Privacy Policy

·   How to contact us

Personal information we collect

Information you provide to us.  Personal information you may provide to us through the Services or otherwise includes:

·   Contact data, such as your first and last name, salutation, email address, mailing address, professional title and company name, and phone number.

·   Demographic Information, such as your city, state, country of residence, and postal code.

• Communications data based on our exchanges with you, including when you contact us through the Website, social media, or otherwise.
• Profile data, such as the username and password that you may set to establish an online account on the Website, date of birth, redemption code, biographical details, photograph or picture, links to your profiles on social networks, interests, preferences, information about your participation in our contests, promotions, or surveys, and any other information that you add to your account profile.
• Survey data, including information you share when you complete a survey.
• Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
• Data collected from Customer End-Users through the Platform, including any information collected about Customer Platform Users when they use the Platform including any login information collected in connection with their use of the Platform as well as any information (including personal information) contained the responses provided by Customer Candidates when they interact with our Platform.

·   Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Automatic data collection .  We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Website, our communications and other online services, such as:

·   Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers, language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or general geographic area.

·   Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Website, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.

·   Communication interaction data such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails)

Automatic data collection technologies. Some of the automatic collection described above is facilitated by the following technologies:

• Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites may include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place.
• Session-replay technologies, such as those provided by Hotjar that employ software code to record users’ interactions with the Services in a manner that allows us to watch video replays of those user sessions. The replays include users’ clicks, mobile app touches, mouse movements, scrolls during those sessions.  These replays help us diagnose usability problems and identify areas for improvement.  You can learn more about Hotjar at https://www.hotjar.com/legal/policies/privacy/.

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Services delivery.  We may use your personal information to:

• Provide, operate and improve the Services and our business.
• Communicate with you about the Services, including by sending announcements, updates, security alerts, and support and administrative messages.
• Communicate with you about events in which you participate.
• Understand your needs and interests, and personalize your experience with the Services and our communications.
• Provide support for the Services, and respond to your requests, questions and feedback.

Research and development.  Subject to the Customer Agreement applicable to your use of the Services (if any) we may use your personal information for research and development purposes, including to analyze and improve the Services and our business.  As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect.  We make personal information into anonymous data by removing information that makes the data personally identifiable to you.  We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.

Marketing.  We may send you direct marketing communications.  You may opt-out of our marketing communications as described in the Opt-out of marketing section below.

Automatic data collection technologies. In addition to the other uses included in this section, we may use the Automatic data collection technologies described above for the following purposes:

·   Technical operation. To allow the technical operation of the Services.

·   Functionality. To enhance the performance and functionality of our Services.

• Analytics. To help us understand user activity on the Services, including which pages are most and least visited and how visitors move around the Services, as well as user interactions with our emails.

Compliance and protection.  We may use your personal information to:

·   Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

·   Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims).

·   Audit our internal processes for compliance with legal and contractual requirements or our internal policies.

·   Enforce the terms and conditions that govern the Services.

·   Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft. 

With your consent.  In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law. 

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection. 

Service providers.  Third parties that provide services on our behalf or help us operate the Services or our business (such as hosting, information technology, customer support, email delivery, consumer research, marketing, and website analytics).

Third parties designated by you. We may share your personal data with third parties where you have instructed us or provided your consent to do so. We will share personal information that is needed for these other companies to provide the services that you have requested.

Professional advisors.  Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees.  Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, the Company, our parent (if any), our affiliates, or our subsidiaries (if any), (including in connection with a bankruptcy or similar proceedings). 

Your choices

In this section, we describe the choices available to you, to the extent you are a Customer End-User, note that your choices and rights may be subject to our contractual obligations to the Customer on behalf of whom you use the Services.

Opt-out of marketing communications.  You may opt-out of marketing-related emails or texts by following the opt-out or unsubscribe instructions at the bottom of the text or email, or by contacting us.  Please note that if you choose to opt-out of marketing-related text or emails, you may continue to receive service-related and other non-marketing emails.

Declining to provide information. We need to collect personal information to provide certain services.  If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Advertising choices. You may be able to limit use of your information for interest-based advertising through the following settings/options/tools:

• Browser settings. Changing your internet web browser settings to block third-party cookies.
• Privacy browsers/plug-ins. Using privacy browsers and/or ad-blocking browser plug-ins that let you block tracking technologies.
• Platform settings. Certain platforms offer opt-out features that let you opt-out of use of your information for interest-based advertising. For example, you may be able to exercise that option for Google and Facebook, respectively, at the following websites:some text
  • Google: https://adssettings.google.com/
  • Facebook: https://www.facebook.com/about/ads
• Ad industry tools. Opting out of interest-based ads from companies that participate in the following industry opt-out programs:some text
  • Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
  • Digital Advertising Alliance: optout.aboutads.info.  
  • AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance.
• Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

You will need to apply these opt-out settings on each device and browser from which you wish to limit the use of your information for interest-based advertising purposes. 

Declining to provide information. We need to collect personal information to provide certain services.  If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Your Rights

If you are a user of our Services and to the extent that the law applicable to you grants you such rights, you may provide us with certain requests with respect to your personal information that is stored in our systems, and in the event of requests by Users who are Customer End-Users, subject our contractual obligations to the respective Customer on behalf of which you use or access the Services. You may also ask for our confirmation as to whether or not we process your personal information. In some jurisdictions, you may request to exercise rights concerning your Personal Information, such rights may include (but are not limited to) the following:

•Right to know (and request the disclosure of personal information). You may have a right to know what information we hold about you and, in some cases, to have the information communicated to you. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information.

•Data deletion. In some circumstances and under certain laws and regulations, you may have a right to request that some portions of the Personal Information that we hold about you be deleted or otherwise anonymized/de-identified.

If you wish to exercise any of these rights, contact us at: [email protected]. When handling these requests, we may ask for additional information to confirm your identity and your request. Please note, upon request to delete your personal information, we may retain such data in whole or in part to comply with any applicable rule or regulation and/or response or defend against legal proceedings versus us or our affiliates.

To determine whether these rights apply to you and on any other privacy-related matter, you can contact your local data protection authority if you have concerns regarding your rights under local law.

Other sites and services

The Services may contain links to websites, mobile applications, and other online services operated by third parties.  In addition, our content may be integrated into web pages or other online services that are not associated with us.  These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party.  We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ a number of technical and organizational safeguards designed to protect the personal information we collect.  However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Children

The Services are not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us.  If we learn that we have collected personal information through the Services from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Services or other appropriate means.  Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

How to contact us

·   Email: [email protected]

·   Mail: 8693 COLDWATER DR
POWELL, OH 43065