Effective Date: January 19, 2024
1. Introduction
Upkid, Inc. (“Upkid,” “we,” “us,” or the “Company”) is a software company that created and maintains an online marketplace for jobs. Customers with access to the marketplace (“Customers”) can use the Upkid Platform (“Platform”) to connect with geographically distributed independent contractors (“Upkid Teachers” or “you”) seeking short-term jobs. Upkid Teachers with access to the marketplace can use Upkid’s App (the “Upkid App”, “Upkid Mobile Application”, “Upkid Web Application” or the “Application”) to find, review, and, if they so choose, select among requests for services from Customers at their discretion.
When you use our Platform as a Customer or Upkid Teacher (collectively “user” or “you”), you share your information with us. We respect your privacy and want to be upfront about the information we collect, how we use it, whom we share it with, and inform you about the controls we give you to access, change or deactivate your account information.
Our Privacy Policy describes our practices regarding personal information (“Personal Data”) that we collect from users through our websites, the Upkid mobile application, the Upkid platform, and related media or services.
This Privacy Policy is incorporated into, and considered a part of, the Terms of Use or Customer Agreement that you agree to, when you use our Platform. If you have questions about anything you read here, just contact us at Upkid Teacher Support or Customer Support (as per the “Contact Us” section located at the bottom of this policy).
2. Information We Collect
We collect Personal Data in the following ways: (1) information you provide, (2) information we get when you use our Platform, and (3) information we collect from users and third parties.
Information You Provide
We collect information from you when you interact with our Platform. The specific Personal Data we collect is dependent on how you use our Platform.
If you use our Platform as a Upkid Teacher, we collect information needed to complete the sign-up process, notify you of available jobs, provide you with information and updates relating to jobs or the platform, confirm your arrival and departure from accepted jobs, and to coordinate payment to you for work performed.
If you use our Platform as a Customer, we collect information needed to open a customer account, promote the short-term jobs you have posted for Upkid Teachers, provide you with updates relating to those jobs, and charge you for the work performed by Upkid Teachers and use of the Platform.
Information We Get When You Use Our Platform
When you use our Platform, we collect information about how you’ve used it. We collect information when you visit our website, use our mobile applications, use our platform, interact with a Customer’s website, or communicate with us through our customer support teams. We’ll collect whatever information you volunteer or that we need to resolve your question.
Here’s an in-depth explanation of the types of Personal Data we collect when you use our Platform:
Sign-up Process. When you sign up for an account with us, we collect Personal Data from you, such as your name(s), phone number, address, zip code, location, e-mail, professional title, photographs, company name, signature, and password.
Third parties authorized by us. Our authorized third parties (e.g., payment processors) may collect Personal Data including your credit card number, bank account information, driver’s license or passport, social security number, and location for the purpose of providing related services that may be necessary to your use of certain aspects of our Platform, including, without limitation, confirming your arrival and departure from accepted jobs, and coordinating payment to you for work performed.
Communicating with us. We also retain information on your behalf, such as the Personal Data described above and any information that you submit to us. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, any other information to verify you, as well as any other content included in the e-mail, in order to send you a reply.
Public forums. When you create a public profile, participate in our events or services, or post in our public support forums, you consent to the collection and disclosure of your information to other users of our websites and forums. The information contained in your posting will be stored on our servers and shared with other users who have access to the forum.
Usage information. We collect information about your activity when you visit our website, when you use or run our mobile applications, or when you visit a Customer’s worksite. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or service you were using before interacting with our services.
Information collected on our website. Our website uses cookies and other technology to function properly, to keep our Platform secure, and to provide you with a personalized experience. We collect information about your activity, browser, and device such as your IP address, device type identifiers, operating system, Internet browser type, and language. We link the information we store in cookies to the Personal Data you provide us while on our site. For more information on cookies, please see our Cookie Policy here.
Location information. When you use our Platform, we may collect information about your location using methods that include GPS. Our Platform includes the use of Google Maps features and content. Your use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service; and (2) Google Privacy Policy.
Information We Get From Users and Third Parties
We may also collect information about you from our users and third parties. If you are a Upkid Teacher, we may receive information about you from Customers and combine it with information we receive from or about you. We may also collect information from publicly or commercially available sources. If you choose to share any Personal Data with us, you agree that you have obtained permission to share such information with us.
3. How We Use Your Information
We use the information you submit to us to provide our Platform, to improve our Platform, to facilitate the relationship we have with our users, for safety and security reasons, and to provide you with a personalized experience when using our Platform.
To provide our Platform. We use information you provide to keep our Platform and operations up and running. Specifically, your Personal Data is used for the creation, maintenance, and security of your account, to identify you as a user in our system, to provide administration of our Platform, to send you an e-mail to verify ownership of the e-mail address provided by you when your account was created, to send you administrative e-mail notifications, to send you alerts you have configured, to notify you of available jobs, to pay you for work performed, to charge you for work performed, and to send you promotional communications.
To improve our Platform. We use the information you provide to develop and test new products and features on our mobile application and related services, and improve our current products and features, and to advertise our Platform to you and other users. For example, we may use Personal Data to better personalize the jobs that our app displays to Upkid Teachers.
To facilitate the relationship between our users. If you are a Upkid Teacher, we may share portions of your Personal Data, including contact information and photograph, with Customers to communicate the acceptance of your job and to allow Customers to communicate with you regarding current and future jobs, or with other Upkid Teachers in order to alert them to Upkid Teachers who might have accepted the same work. Customers may retain your contact information after jobs are complete. In order to notify you of suitable jobs, and to notify Customers when you are arriving onsite or leaving the site, we use the location information provided by your phone through the mobile application. We may receive updates to your location even when the mobile application is running in the background. You are able to use your phone settings to prevent Upkid from obtaining your location. However, this will mean that you will be unable to receive notifications from Upkid of available jobs. We also may collect and share information about you if you were referred to Upkid by another Upkid Teacher or if you referred another Upkid Teacher to Upkid. More specifically, we may share the following information with the other Upkid Teacher: (1) your photograph; (2) your account status (i.e., whether and when you have signed up on our mobile application); (3) whether and when you have accepted your first job; (4) whether and when you have completed your first job; (4) your customer rating on your first job (if applicable); (5) your telephone number and e-mail address so that other Upkid Teachers can communicate with you about Upkid; (6) your recent job history, including the date, time, and location of your recent jobs, and the specific Customers that posted them; and (7) your upcoming jobs, including the date, time, and location of the jobs, the estimated payment for the jobs, and the Customers that posted them.
For safety and security. We use some Personal Data to enhance our security in our mobile application, websites, platform, and related services.
For marketing and advertising. We use information we receive from you through your activity on our websites, mobile application, platform, and related services or any other information or content you provide to us or permit us to receive or access to improve our advertising services, ad targeting, and ad measurement, so that we can provide you or other current or potential users with a personalized experience. This means that you may see ads that are personalized to you based on your location or your interests. Along these lines, and to the extent permitted by applicable law, you grant Upkid a worldwide, non-exclusive, transferable, sublicensable, royalty-free license, right, and permission to use, copy, modify, create derivative works of, transmit, publish, post, broadcast, publicly and digitally display and perform and distribute any content that you provide to or share with Upkid, as-is or as-edited. Such license shall also permit Upkid to use that content and other information related to your use of the Platform for the purposes of (i) growing Upkid communities, (ii) conducting marketing activities and analyses, (iii) conducting statistical analyses and; (iv) maintaining or making improvements to the Platform.
4. How We Share Your Information
Authorized service providers. We share your Personal Data with service providers that are authorized by us and perform services on our behalf, including, without limitation, payment processing, customer support, web hosting, information technology, fraud control, direct mail and email distribution, events, contests, sweepstakes and promotion administration, marketing, and analytics services. We may also share Personal Data that is aggregated or de-identified information with authorized third parties for legitimate business purposes. We may also use the information you provide to support research and innovation on topics of public interest and importance including connecting work opportunities to individuals regardless of criminal background. We use third party cloud data hosting and storage providers such as AWS to store your information. In any event, we only share with authorized service providers the Personal Data that they need to perform services for us.
Compliance, Safety, and Security. We may also disclose your Personal Data for legal, safety, and security reasons. We may share information about you if we reasonably and in good faith believe that disclosing this information is necessary to: (1) comply with any valid legal process, governmental or regulatory request, or applicable law, rule, or regulation, including responding to subpoenas or warrants served on Upkid; (2) investigate, remedy, or enforce potential violations of any agreement between you and Upkid (including, as applicable, our Acceptable Use Policy (www.upkid.com/legal/acceptable-use-policy), Terms of Use (www.upkid.com/legal/terms/), or Customer Agreement (www.upkid.com/legal/customer-agreement/); (3) protect or defend the rights or property of Upkid, users of our Platform, third parties, or the general public; and (4) detect and resolve any fraud or security concerns.
Corporate Transactions. In the event we enter into a merger, acquisition, or sale of all or a portion of our assets, we may disclose your Personal Data with third parties to facilitate this transaction.
Most importantly, we do not sell your information. We do not share Personal Data collected from our services to third parties other than as outlined in this policy. In all cases, we take care to ensure that our data use complies with applicable laws and regulations.
5. Your Rights And Choices Regarding Your Data
You have control over your Personal Data and can change or request to delete your personal information, deactivate your account, or request to opt-out in the following ways:
All Users
Change your personal information. You may change some parts of your Personal Data in your account via our websites, mobile application or by contacting us. You may also request that we delete your Personal Data in our possession, and we will consider any such request in accordance with applicable law, regulations, and directives. Please note that we may not be able to delete some or all Personal Data. For example, we may retain Personal Data about a user for legitimate business or legal purposes, if it may be necessary to prevent fraud, for account recovery purposes, as retained in our data backup systems or cached or archived pages, or if otherwise permitted or required by applicable law, regulations, or directives.
You may request access to, modifications to, and deletion of your Personal Data by contacting us at Upkid Customer Support (https://www.upkid.com/contact), or writing to us at Upkid, Inc., 3450 Triumph Blvd Suite 102; Lehi, UT 84043, U.S.A.; Attention: Upkid Legal Department.
Deactivate your account. You may deactivate your account by sending us a message. While your account is deactivated, you will not be able to use our Platform, including accessing your account, using our mobile application, or using our platform. If at any point you want to reactivate your account, just contact us at Upkid Customer Support (https://www.upkid.com/contact).
Opt-out of promotional emails. We may periodically communicate with you to directly promote the use or purchase of our Platform or other services. When you receive promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to opt-out by following the unsubscribe instructions provided in the e-mail or other communication you receive or by contacting us directly. Should you decide to opt-out, we may share your e-mail address or other contact information with third parties to ensure that you do not receive further communications from third parties. Despite your indicated e-mail or other communication preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy. We will still send you transactional and relational emails about your use of the Platform.
California Residents
The California Consumer Privacy Act provides some California residents with the additional rights listed below.
Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:
The categories of personal information we have collected about you;
The categories of sources from which the personal information is collected;
The business or commercial purpose for collecting your personal information;
The categories of third parties with whom we have shared your personal information; and
The specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
Complete your transaction;
Provide you a good or service;
Perform a contract between us and you;
Protect your security and prosecute those responsible for breaching it;
Fix our system in the case of a bug;
Protect the free speech rights of you or other users;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
Comply with a legal obligation; or
Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
Other Rights. You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.
Exercising Your California Privacy Rights. To request access to or deletion of your personal information, or to exercise any other data rights under California law, please contact us using one of the following methods:
Website forms: located at Upkid Customer Support (https://www.upkid.com/contact).
Physical mail: You may write to us at the address contained in the “Contact Us” section below to exercise rights.
To respond to some rights we will need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account. Authorized agents can make a request on your behalf if you have given them legal power of attorney or we are provided proof of signed permission, verification of your identity, and confirmation that you provided the agent permission to submit the request.
Response Timing and Format. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
6. Children’s Privacy
The Platform is not directed to children under the age of 18. We do not knowingly collect personal information from children under the age of 13. If we find out that a child under 13 has given us personal information, we will take commercially reasonable steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us at Upkid Teacher Support or Customer Support.
7. Changes to This Privacy Policy
We may revise our Privacy Policy from time to time. If we make any material changes in the way we use your Personal Data, we may notify you by sending you an e-mail to the last e-mail address you provided to us or by prominently posting notice of the changes on our website and updating the “Effective Date” legend at the top of this page. Changes to this Privacy Policy will be effective on the Effective Date reflected at the top of this page. By continuing to use our Platform, websites, mobile application, platform, or otherwise keep in touch with us, you acknowledge that you accept the changes to the Privacy Policy and agree to be bound by these terms and conditions.
8. Contact Us
If you have any questions or comments about this Privacy Policy (including if you need to access this policy in an alternative format), your personal information, our use and sharing practices, or your choices regarding your information, please contact us electronically at Upkid Customer Support (https://www.upkid.com/contact), or via physical mail at:
Upkid, Inc.
3450 Triumph Blvd Suite 102
Lehi, UT 84043, U.S.A.
Attention: Upkid Legal Department
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