Privacy Policy

This Privacy Policy describes how UpsideToken, Ltd. (“UpsideToken,” “we,” “our,” or “us“) collects and processes certain information about you when you visit any of our websites (which end in or incorporate “UpsideToken.com”) or use our products and services (collectively our "Services“). UpsideToken is committed to respecting and protecting your privacy. This Privacy Policy becomes effective on the date stated above for all users including, without limitation EU-resident users who are natural persons. Enhanced data protection rights in this Privacy Policy required by the EU General Data Protection Regulation are set forth below in the “EEA Resident Rights" section.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using the Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see the “Changes to Our Privacy Policy” section below). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check our Privacy Policy periodically for updates. If we do decide to change our privacy policy, we will post those changes on this page, and update the Privacy Policy modification date above.

All customers enter into an agreement to access and use the UpsideToken websites, Progressive Web App (PWA), or other software or services (“Terms of Service“). The Terms of Service, located at https://UpsideToken.com/terms/, govern the submission, access to and use of any Customer Data (information submitted through the UpsideToken service, including emails or names for the purpose of logging into the service and receiving service related notifications). Customer Data may include personally identifiable information.

Collection of Information

We collect information about you in the course of your using our Services. For us to best provide our Services to you (and to help make it feasible for us to do so), it is essential that we are able to collect and use the information as described in this Privacy Policy. This means that the data collection is necessary for fulfilling the relationship we have with you, and where that is not the case, we have a legitimate interest in collecting the information described below. We may also require certain information in order to comply with Anti-Money Laundering Laws (AML) and Know Your Customer (KYC) Laws, as applicable to various jurisdictions as well as international law and regulations.

Information You Provide to Us

We may collect, store, and use the following information about you: 

• Personal Identification Information: Full name, date of birth, nationality, gender, signature, utility bills, photographs, phone number, home address, and/or email. 
• Formal Identification Information: Government issued identity document such as Passport, Driver's License, National Identity Card, State ID Card, Tax ID number, passport number, driver's license details, national identity card details, visa information, and/or any other information deemed necessary to comply with our legal obligations under financial or anti-money laundering laws.
• Financial Information: Bank account information, payment card primary account number (PAN), transaction history, Venmo and/or Zelle account information, trading data, and/or tax identification. 
• Transaction Information: Information about the transactions you make on our Services, such as the name of the recipient, your name, the amount, wallet identifications, and/or timestamp. 
• Employment Information: Office location, job title, and/or description of role. 
• Correspondence: Survey responses, information provided to our support team or user research team. 
• Audio, electronic, visual and similar information, such as call and video recordings. 
• Information we collect from you automatically: To the extent permitted under the applicable law, we may collect certain types of information automatically, such as whenever you interact with the Sites or use the Services. This information helps us address customer support issues, improve the performance of our Sites and Services, provide you with a streamlined and personalized experience, and protect your account from fraud by detecting unauthorized access. Information collected automatically includes: 
• Online Identifiers: Geo location/tracking details, browser fingerprint, operating system, browser name and version, and/or personal IP addresses. 
• Usage Data: Authentication data, security questions, click-stream data, public social networking posts, and other data collected via cookies and similar technologies. Please read our Cookie Policy for more information.
  • For example, we may automatically receive and record the following information on our server logs:
  • How you came to and use the Services;
  • Device type and unique device identification numbers;
  • Device event information (such as crashes, system activity and hardware settings, browser type, browser language, the date and time of your request and referral URL);
  • How your device interacts with our Sites and Services, including pages accessed and links clicked;
  • Broad geographic location (e.g. country or city-level location); and
  • Other technical data collected through cookies, pixel tags, web beacons, and other similar technologies that uniquely identify your browser (“Cookies”).
  • We may also use identifiers to recognize you when you access our Sites via an external link, such as a link appearing on a third-party site.

• Public Databases, Credit Bureaus & ID Verification Partners: We obtain information about you from public databases and ID verification partners for purposes of verifying your identity in accordance with applicable law. ID verification partners like World-Check use a combination of government records and publicly available information about you to verify your identity. Such information may include your name, address, job role, public employment profile, credit history, status on any sanctions lists maintained by public authorities, and other relevant data. We obtain such information to comply with our legal obligations, such as anti-money laundering laws. In some cases, we may process additional data about you to assess risk and ensure our Services are not used fraudulently or for other illicit activities. In such instances, processing is necessary for us to continue to perform our contractual obligations with you and others. 
• Blockchain Data: We may analyze public blockchain data to ensure parties utilizing our Services are not engaged in illegal or prohibited activity under our Terms, and to analyze transaction trends for research and development purposes. 
• Social Media Websites: We may collect, store, analyze and republish information from your social media accounts. 
• Joint Marketing Partners & Resellers: For example, unless prohibited by applicable law, joint marketing partners or resellers may share information about you with us so that we can better understand which of our Services may be of interest to you. 
• Advertising Networks & Analytics Providers: We work with these providers to provide us with de-identified information about how you found our Sites and how you interact with the Sites and Services. This information may be collected prior to account creation. For more information on how you can manage collection of this data, please see our Cookie Policy. 
• Memes, Tweets, and TikTok videos: You may enter one or more memes, tweets, and/or TikTok videos into the competition operated by UpsideToken. By doing so, you hereby grant UpsideToken and its assigns a royalty-free, worldwide, perpetual, irrevocable, fully transferable and sublicensable right and license to use, disclose, reproduce, modify, create derivative works from, distribute, display and otherwise distribute and exploit any such works as UpsideToken sees fit, entirely without obligation or restriction of any kind.

Information About Minors

You must be 18 years old or older to use our service and to be eligible for the Sweepstakes prizes. We do not intentionally gather personal information from visitors who are under the age of 18. If you are under the age of 18, you are not permitted to submit any personal information to us or to otherwise use our Services. If we learn that a child under 18 submits personal information to us we will delete the information as soon as possible. If you believe that we might have any personal information from a child under 18, please contact us using the information in the “Contact Us” section at the bottom of this Policy.

Do Not Track Signals​

We do not currently respond to ‘do not track’ signals and similar settings or mechanisms. It is critical that we be able to quickly respond to any security or operations issues that may occur within our Services; responding to ‘do not track’ signals would inhibit our ability to do so.

Use of Information

Our Use of Your Information

We may use information about you for various purposes, including: 

• To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Information to respond. 
• To create and administer records about any online account that you register with us. 
• To detect and prevent fraud, bots, duplicate accounts, and/or funds loss. 
• For research and development purposes. 
• To develop and provide tools and features. We are constantly striving to improve our Services. We may use your Information to analyze your usage and to improve our Services, such as, regarding our website, to improve the navigation and content. 
• For system administration and security, including to investigate and help prevent security issues and abuse and to secure our network traffic and communications. 
• To verify your eligibility for any Sweepstakes or Competition, including to investigate and determine edibility. 
• To Identify bot and duplicate accounts. In an effort to avoid individuals using multiple accounts or bots to collect free coins, we may use your personal information to identify such issues. 
• For general business purposes, including to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs), to help us improve the content and functionality of our Services, to better understand our users, and to generally manage our business. 
• For recruitment purposes, if you apply for a job with us. 
• To manage our websites, including administering a contest, sweepstakes, promotion, survey, or other website feature. 
• To improve our advertising campaigns, primarily to prevent targeting of impressions via third-party channels when they are not relevant. 
• To send emails and other communications. We may send you service, technical and other administrative emails, messages, and other types of communications. We may also contact you to inform you about changes in our Services and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications, or other news. These are marketing messages, so you can control whether you receive them. We may also send emails for the purpose described at the time of collection, such as a request for a demo or more information, or in response to your account management requests such as password change request instructions. 
• To provide, update, maintain and protect our Services. This includes use of your information to support delivery of the Services under a Terms of Service agreement, prevent or address errors, security, or technical issues, analyze and monitor usage, trends and other activities or at a user’s request. 
• As required by applicable law, legal process, tax requirements, Know Your Customer (KYC), or other regulation. 
• For billing, account management and other administrative matters. We may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments. 
• To enforce our Terms of Service and Sweepstakes Rules. 
• For payment processing. 
• To facilitate international transfers and any laws and/or regulations imposed in such transfer. 
• For announcement and/or promotion of winners, including announcing the names, images, and countries of winners of any sweepstakes operated by UpsideToken. 
• For any other purpose that you consent to. 

When we collect any information that does not identify you as a specific natural person (“Non-Personal Information”), we are permitted to use and disclose this information for any purpose, notwithstanding anything to the contrary in this Privacy Policy, except where we are required to do otherwise by applicable law. Examples of Non-Personal Information include: physical location information; demographic information, etc.; or any personal information that has been anonymized, aggregated or de-identified. If we combine any Non-Personal Information with your personal information (such as combining your ZIP code with your name), we will use and disclose such combined information as personal information in accordance with this policy. Similarly, if applicable law requires that we treat certain Non-Personal Information as personal information, we will use and disclose this information as personal information in accordance with this policy.

Sharing of Information

• We engage certain trusted third parties to perform functions and provide services to us, including cloud hosting services, off-site backups, and email services. We will only share your personal information with third parties to the extent necessary to perform these functions, in accordance with the purposes set out in this Privacy Policy and applicable laws. Trusted third parties provide at least the same level of privacy protection as set forth in this policy document.
• In the event of a corporate sale, merger, reorganization, dissolution, or similar event, your personal information may be transferred, sold, or otherwise disclosed as part of that transaction.
• We may also disclose information about you to third parties where we believe it necessary or appropriate under law, for example:
  • (1) to protect or defend our rights, interests, or property;
  • (2) to comply with legal process, judicial orders, or subpoenas;
  • (3) to respond to requests from public or government authorities, including for national security and law enforcement purposes;
  • (4) to prevent or investigate possible wrongdoing in connection with the Services or to enforce our Terms of Service;
  • (5) to protect the vital interests of our users and customers. We do not sell or trade your Personal Information to third parties.

Data Controller and Data Processor

The information about you that we collect, process and/or use through our Services (including your login information) and the data we keep in our third-party business services accounts is controlled by UpsideToken. UpsideToken and the Services it provides are hosted and provided outside of the European Economic Area (EEA), including in the United States, for the purposes described in this policy. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country. The information that is held by our Ad Partners or other third-party service provider, such as Google Analytics, we are the processor for such data, such data is always hosted by and remains under the control of such Ad Partner or other third-party service provider.

Data Retention

We may retain your Personal Information as long as you continue to use the Services, have an account with us, or for as long as is necessary to fulfil the purposes outlined in this Privacy Policy. We may, however, retain Personal Information for an additional period as is required under applicable laws, for legal, tax, or regulatory reasons. EU individuals have certain rights outlined below in “Transfer of Information to the U.S.”.

EEA Resident Rights

For the data that we control, you have the following data protection rights:

• If you wish to access, correct, update or request deletion of your Personal Information, you can do so at any time by contacting us using the contact details provided under the “Contact Us” section below.
• In addition, you can object to our processing of your Personal Information, ask us to restrict processing of your Personal Information, or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact Us” section below.
• You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.
• You can withdraw your consent to have us process your Personal Information at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. If you would like to contact us regarding any of the above, please contact us at the contact information provided in the “Contact Us” section below. Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

EEA Resident Rights

For the data that we control, you have the following data protection rights:

• If you wish to access, correct, update or request deletion of your Personal Information, you can do so at any time by contacting us using the contact details provided under the “Contact Us” section below.
• In addition, you can object to our processing of your Personal Information, ask us to restrict processing of your Personal Information, or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact Us” section below.
• You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.
• You can withdraw your consent to have us process your Personal Information at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. If you would like to contact us regarding any of the above, please contact us at the contact information provided in the “Contact Us” section below. Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Third Party Links

Occasionally, at our discretion, we may include links to third parties on our websites or in email correspondence. If you access other websites using the links provided, the operators of these websites may collect information from you that will be used by them in accordance with their privacy policies. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Security

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your Personal Information. We use a secure server and use tracking technologies to enable and support security features, prevent fraud, and protect your data from unauthorized access. All supplied Personal Information is transmitted via Secure Socket Layer (SSL) technology. All Personal Information supplied by you is only accessible by UpsideToken personnel or third-party contractors, that are authorized with special rights and a clear business need, who are required, by written agreements with UpsideToken:

• (a) to keep such Personal Information confidential and
• (b) to comply with terms just as protective of your Personal Information as the terms of this Privacy Policy.

Contact Us

UpsideToken commits to making delimiting efforts to resolve any complaints about handling of your privacy and our collection, use, or disclosure of your Personal Information. If you have any inquiries or complaints regarding this Privacy Policy, please contact UpsideToken at: privacy@upsidetoken.com.