Privacy Policy

Effective May 25, 2018 | Deprecated policy available here

Upaknee Inc. (“Upaknee”) provides access to web-based cloud messaging services as defined on the web site upaknee.com (the “Services”). The Services allow registered users to (“Clients’), among other things, send and manage email campaigns. Through the normal course of use of the Services, Clients may import contacts of a mailing list and use the Services to send permission-based messaging to these contacts. All other Website users, including but not limited to Internet users seeking information from web sites administered by Upaknee, are referred to in this document as “Visitors”.


Media & Digital Publishers

Definitions

“Contacts” mean individuals a Client may contact through the Services, e.g. anyone on a mailing list or about whom the Client has given Upaknee information about.
 
“Personal Data” means any information that identifies or can be used to identify a Client, Contact or Visitor, directly or indirectly. Examples of Personal Data include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information



Collection of Personal Data

The Personal Data that we may collect broadly falls into the following groups:
 

  • Information Clients provide Upaknee in the course of utilizing the Services may contain Personal Data. For example, Personal Data is often provided to Upaknee when a Client signs up for the Services or when a Client utilizes the Service by uploading its Contacts mailing list. Types of information provided to Upaknee may include registration information, financial and billing information and Contacts mailing lists.
  • Information Visitors provide Upaknee on the web site or otherwise may contain Personal Data. Certain parts of Upaknee’s web sites ask Visitors to provide Personal Data voluntarily, such as to sign up for a free or paid account, to apply for a role with Upaknee or to otherwise submit inquiries to Upaknee.
  • Information Upaknee collects from other sources. From time to time, Upaknee may obtain Personal Data about Clients or Client Contacts from third-party sources such as our joint service providers. Upaknee takes steps to ensure that such third parties are legally or contractually permitted to disclose such information to Upaknee.
  • Information Upaknee collects automatically. Upaknee automatically collects certain information using a third-party analytics program, Google Analytics. This information includes activities, interactions, preferences, and other computer and connection information (such as IP addresses) relating to the use of Upaknee web sites and Services by Clients, Contacts and Visitors.
  • Cookies and information collection by similar technologies that gather statistical data on how Clients, Contacts and Visitors use our web sites and Services.

 
All information provided to Upaknee shall be collected, used and disclosed as described in this Privacy Policy. Upaknee is not responsible for the privacy or security practices of its Clients, which may differ from those set forth in this Privacy Policy. Contacts and Visitors should check with individual Clients about the policies they have in place.
 
Upaknee does not, under any circumstances, sell Client Contacts mailing lists.



Use of Personal Data

Upaknee collects and uses Personal Data of Clients, Contacts and Visitors as permitted by law, including for the following purposes:
 

  • Information Clients provide Upaknee in the course of utilizing the Services may contain Personal Data. For example, Personal Data is often provided to Upaknee when a Client signs up for the Services or when a Client utilizes the Service by uploading its Contacts mailing list. Types of information provided to Upaknee may include registration information, financial and billing information and Contacts mailing lists.
  • Information Visitors provide Upaknee on the web site or otherwise may contain Personal Data. Certain parts of Upaknee’s web sites ask Visitors to provide Personal Data voluntarily, such as to sign up for a free or paid account, to apply for a role with Upaknee or to otherwise submit inquiries to Upaknee.
  • Information Upaknee collects from other sources. From time to time, Upaknee may obtain Personal Data about Clients or Client Contacts from third-party sources such as our joint service providers. Upaknee takes steps to ensure that such third parties are legally or contractually permitted to disclose such information to Upaknee.
  • Information Upaknee collects automatically. Upaknee automatically collects certain information using a third-party analytics program, Google Analytics. This information includes activities, interactions, preferences, and other computer and connection information (such as IP addresses) relating to the use of Upaknee web sites and Services by Clients, Contacts and Visitors.
  • Cookies and information collection by similar technologies that gather statistical data on how Clients, Contacts and Visitors use our web sites and Services.
Communities & Local Governments

Upaknee may share Personal Data collected about individuals or companies with third-parties as described in this Privacy Policy or as otherwise permitted by applicable law. Upaknee may share Personal Data with (i) its affiliates and contractors, (ii) any competent law enforcement body, regulatory body or government agency where Upaknee deems disclosure is necessary as a matter of applicable law or regulation, to establish Upaknee’s legal rights or to protect the vital interests of any other person, (iii) a potential buyer and its agents and advisors in the case of a sale, merger, consolidation, liquidation, reorganization or acquisition; or (iv) any other person with consent. Upaknee also sometimes hires other companies to provide certain business-related functions (“Service Providers”). These Service Providers may have access to Personal Data as necessary to provide their respective services to Upaknee. For example, Upaknee uses Zendesk to send out certain email communications to Clients and manage support requests. Personal Data may be transferred to Zendesk in order for these communications to function properly. Other examples include analyzing data, hosting data, engaging technical support for our Services, and processing payments. Any and all transfers of Personal Data that may be made to third parties outside of Canada will be made exclusively with those third parties who comply with applicable privacy laws, including without limitation the General Data Protection Regulation with respect to Personal Data related to European Economic Area data subjects.


Data Protection Rights

Upaknee takes reasonable steps to ensure that the data collected by Upaknee is reliable for its intended use, accurate and complete and up to date. Clients can manage information about Contacts within the Services provided by Upaknee. These management rights include the ability to access, correct, update or request deletion of Contacts information. If a Contact’s modification requests are not respected by a Client of Upaknee Services, Upaknee reserves the right to impose sanctions on the Client’s usage. Upaknee requires all Clients of Upaknee Service to include a clearly articulated option to unsubscribe from a subscription or mailing list in all permission-based marketing e-mails. Clients who must comply with Canada’s Anti-Spam Law have specific requirements for their unsubscribe mechanism. A Contact must be able to unsubscribe at any time from a Client mailing list generated by a Client of Upaknee Services. Upaknee reserves the right to impose sanctions or to suspend service to any and all Upaknee Clients who do not conform to these requirements
 
In addition, individuals who are residents of the European Economic Area can object to the processing of their Personal Data, can restrict such the processing of their Personal Data, or can request portability of their Personal Data. These rights can be exercised by contacting Upaknee using the contact details provided below. If any Contacts wish to exercise this right, they should contact Client directly, or contact support@upaknee.com.

If Personal Data is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Data subjects also have the right to complain to a data protection authority about the collection and use of Personal Data.
 
Upaknee responds to all requests it receives from individuals wishing to exercise their data protection rights in accordance with applicable law. For much of the Personal Data Upaknee collects and processes about Contacts through the Services, Upaknee acts as a processor on behalf of its Clients. In such cases, if a Contact wants to exercise any data protection rights available to such Contact under applicable law or has questions about how its Persona Data is handled by Upaknee as a processor on behalf of an Upaknee Client, the Contact should contact the relevant Contact that is using the Upaknee Services and refer to their separate privacy policies.
 
If Upaknee receives a request directly from a Client Contact, Upaknee will either direct the Contact to the Client or, if appropriate, respond directly to the request. If as a Contact you no longer want to be contacted by an Upaknee Client through the Upaknee Services, please unsubscribe directly from that Client’s message or contact the Client directly to update or delete your Personal Data. If you contact Upaknee directly, Upaknee may remove or update your information within a reasonable time and after providing notice to the Upaknee Client of your request.



Legal Basis for Processing

For Clients, Contacts and Visitors from the European Economic Area, Upaknee’s legal basis for collecting and using the Personal data described above depends on the Personal Data concerned the context in which it was collected.

Upaknee, however, normally collects and uses Personal Data where the processing is within Upaknee’s legitimate interests and not overridden by a data subject’s data protection interest or fundamental rights and freedoms. Where required by law, Upaknee will collect Personal Data only where Upaknee has consent to do so. For Clients, Upaknee may need the Personal Data to perform the contact. Upaknee may also have a legal obligation to collect certain Personal Data.


Alternative Industries


Your Choice

Clients and Visitors may opt out to receiving marketing emails from Upaknee at any time by clicking the “unsubscribe” link at the bottom of the marketing messages. Opt-out requests can be made by emailing Upaknee as set forth in the “Questions or Concerns” section set forth below.

Security

Upaknee takes appropriate and reasonable technical and organizational measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alternation, and destruction. All Personal Data provided to Upaknee by Clients in connection with the Services will be stored in a secure database and protected with SSL (Secure Socket Layers). For further information about Upaknee’s security practices, you may contact Upaknee at privacy@upaknee.com.


Service Providers

Data Retention

Upaknee retains Personal Data where Upaknee has an ongoing legitimate business need or legal need to do so unless a formal request for its destruction is made by the data subject to whom it relates. Retention periods will vary depending on the type of data involved, and with respect to Client data, the contractual provisions related to the retention of such Client data. When there is no ongoing legitimate business need to process the Personal Data, Upaknee will delete such data.

Minors

Visitors under 18 years of age are not permitted to use and/or submit their Personal Data to Upaknee. Upaknee does not knowingly solicit or collect information from visitors under 18 years of age.

Hyperlinks

Upaknee web sites, as well as all electronic communications emitted by the Clients of Upaknee are permitted to contain hyperlinks to other web sites either belonging to partners of Upaknee or not. The privacy practices of the hyperlinked web sites may be different from Upaknee’s privacy practices. Information submitted to these hyperlinked web sites are governed by the privacy policies on such web sites. We encourage you to carefully read the privacy policy of any web site you visit.

Authorized Contacts

Upaknee cannot be used for fraudulent purposes, those of an explicit nature or any activity not respecting applicable law. Clients may not use Upaknee for the following: promotion of a pornographic nature, the sale of pirated products or those that do not conform to applicable law, the commercial, promotional or pornographic exploitation of minors, false advertising involving the extortion of a User, non-authorized publicity of an individual or business without official consent, or promotion of web sites involving pirating, terrorism or the posting of information considered illegal in Canada, the U.S. and the European Union. Any Clients of the Upaknee service not conforming to the aforementioned content rules will have their service blocked without warning. Upaknee reserves the right to pursue any Upaknee Client not conforming to these rules so as to protect the integrity of the services offered to its Subscribers, Clients and Users. Clients who must comply with Canada’s Anti-Spam Law have specific requirements for their email content

Notification of Changes

Upaknee reserves the right to change this Privacy Policy at any time and from time to time. Updates and amendments are effective immediately upon notice, which may be given by any means, including, but not limited to, by a posting of the revised version of this Privacy Policy or other notices on the Upaknee web sites.

Questions or Concerns
Any person wishing to comment or lodge a complaint of non-conformity of Upaknee’s privacy practices with applicable laws is asked to communicate with Upaknee by email at privacy@upaknee.com or by mail addressed to:
 
Data Protection Officer, Upaknee Inc., 147 Liberty Street, Toronto M6K 3G3, Canada.
 
Complaints or Concerns. Alternatively, complaints may be lodged with the applicable governmental authority.
 
Upaknee Commitment