Privacy

Last Updated: October 20, 2020

The Upswing Fund respects the privacy of our users. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit TheUpswingFund.org, including any other media form or mobile website related or connected thereto (collectively, the “site”). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.

This Privacy Policy applies solely to information collected through the web site located at the URL: www.TheUpswingFund.org; whether accessed via computer, mobile device, or other technology.

This Privacy Policy explains what information may be collected through the Site, how such information may be used and/or shared with others, how we safeguard it, and how you may access and control its use in connection with our marketing communications and activities.

The Upswing Fund strives to collect, use, and disclose user data in a manner consistent with the privacy and data security laws of the countries in which it does business. Because of the differences among these jurisdictions, The Upswing Fund has adopted a Privacy Policy that creates a common core of values, policies, and procedures intended to achieve nearly universal compliance, supplemented with alternative or additional policies or implementation procedures applicable in those jurisdictions with unique requirements. This Privacy Policy establishes a minimum global standard for collecting, using, and protecting information that The Upswing Fund collects from users of www.TheUpswingFund.org.

While this Privacy Policy is intended to describe the broadest range of our information processing activities, those processing activities may be more limited in some jurisdictions based on the restrictions of their laws. For example, the laws of a particular country may limit the types of personal information we can collect or the manner in which we process that information. In those instances, we adjust our internal policies and practices to reflect the requirements of local law and local laws will prevail over terms in this Privacy Policy.

INFORMATION COLLECTED ON OUR SITE

Information You Provide To Us. When you use the Site, we or our service providers may collect Personal Information (information that could reasonably be used to contact you or to identify you personally) such as your name and e-mail address. We may also collect Personal Information submitted to us in connection with job applications through the Site.

Information Collected Automatically Usage Information. Whenever you visit or interact with the Site, The Upswing Fund, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Site is accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page served, the time, and the preceding page views. This statistical data provides us with information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they “click” on. This information helps us keep our website fresh and interesting to our visitors and tailor content to a visitor’s interests.

Device Identifiers. The Upswing Fund may also automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology, or other device (collectively, “Device”) you use to access the Site. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Site, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify, and gather broad demographic or firmagraphic information for aggregate use.

Cookies; Pixel Tags. The technologies used on the Site to collect Usage Information, including Device Identifiers, may include but are not limited to: cookies (data files placed on a Device when it is used to visit the Site), mobile analytics software, and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites and, if you so choose, enable interaction between your activities on the Site and your activities on such social networking sites. We, or our vendors, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting our Site (such as allowing us to select which content, ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic or firmagraphic information). A pixel tag may tell your browser to get content from another server.

Similarly, we use Google Analytics to help us track and analyze usage of our Site, using cookies, pixels and other tracking technologies.

To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser. If you do disable or opt out of receiving cookies, please be aware that some features and services on our Site may not work properly because we may not be able to recognize and associate you with your account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so note that our systems are not configured to recognize Do Not Track headers or signals from some or all browsers.

You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies using different types of browser.

HOW WE USE THE INFORMATION COLLECTED THROUGH OUR SITE

Any information you submit on the Site will be used for a variety of business purposes, including for example, to: respond to your questions and requests; provide you with access to certain areas and features of the Site; verify your identity; communicate with you about your activities on the Site; tailor content, advertisements, and offers we serve you; market research, Site analytics and operations; improve the Site and for internal purposes; contact you with regard to your use of the Site, and, in our discretion, changes to any The Upswing Fund policy; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.

SHARING OF INFORMATION

Except as provided in this Privacy Policy, we will not provide any of your Personal Information to any third parties without your consent. We may share non-Personal Information, such as aggregate user statistics, demographic or firmagraphic information, and Usage Information with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Policy and in the following circumstances:

Third Parties. In order to carry out your requests, to make various features, services and materials available to you through the Site, and to respond to your inquiries, we may share your Personal Information with third parties that perform functions on our behalf, such as companies or individuals that: host or operate our Site; analyze data; provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions. Your Personal Information may also be used by us or shared with our affiliates, sponsors, partners, advertisers or other third parties, including lead generation companies, to provide you with product information and promotional and other offers.

Business Transfers. If another entity acquires us or all or substantially all of our assets, or assets related to the Site, Personal Information, Usage Information, and any other information that we have collected about the users of the Site may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

Legal Disclosure. The Upswing Fund may transfer and disclose information, including your Personal Information, Usage Information, and Device Identifier, (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Site or the public.

YOUR CHOICE AND ACCESS

You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information or offers, or not to send you newsletters, e-mails or other communications by: sending us an e-mail at [email protected]. Your opt-out request will be processed within 30 days of the date on which we receive it. If you wish to verify, correct, or update any of your Personal Information collected through the Site, you may contact us at the above address or e-mail. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Site. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

EMAILS AND COMMUNICATIONS

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

  • Noting your preferences at the time you register your account with the site
  • Logging into your account settings and updating your preferences.
  • Contacting us using the contact information provided below.

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

OTHER SITES

The Site may contain links to other sites that we do not own or operate. This includes links from service providers, advertisers, sponsors, and partners that may use our logo(s) as part of a co-branding agreement. We do not control, recommend, or endorse and are not responsible for these sites or their content, products, services, or privacy policies or practices. These other web sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information, and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Sites (including those linked to through an email or social networking page).

CONSENT TO PROCESSING

The Site is operated in the United States and in accordance with the laws of the United States. We make no representation that the Site is governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Canada, or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Site, or providing us with any information, you (a) acknowledge that the Site is subject to the laws of the United States, (b) consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

CHANGES

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. However, The Upswing Fund will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.

CONTACT US

If you have any questions or concerns regarding this Privacy Policy, please contact us at: [email protected].