Upsell Maxx Privacy Policy

Welcome to Upsell Maxx!

Your privacy is important to us. This privacy statement explains what personal data we collect through our applications (“Apps”) and other services, how we use the data, how it may be shared, and for what purposes. We also explain your rights and options regarding the use of your data that is in our possession.

References in this Privacy Policy to “us,” “we,” or “our” refer to Upsell Maxx LLC, a Delaware limited liability corporation, and separate business units and subsidiaries we own. References to “you” and “your” refer to you as an individual user of our websites and applications, or you on behalf of the business entity you are authorized to represent.

We provide of a comprehensive suite of ecosystem-leading applications and support for business. This Privacy Policy reviews our general practices when you access or use any Upsell Maxx applications (“Apps”), our websites, support services, webinars, training, events, and any other services offerings that may be offered by Upsell Maxx (collectively, our “Services”). Some of our offerings may have privacy terms specific to the particular App or Service, and those details are shown in the Product Schedules below included with this Privacy Policy. Please be sure to check the Product Schedules for additional information that may apply to the Services you use.

If you are visiting this site from the European Union, the United Kingdom, or elsewhere in the European Economic Area, please see the Supplemental GDPR Privacy Statement below as well as additional information in the Product Schedules.

Keep in mind that this Privacy Policy covers just our practices with our business customers and website users. We and our hosting providers and other trusted subcontractors cannot control, and are not responsible for, any data collection and use by third parties, such as the operators of ecommerce platforms you use, the providers of third-party services you integrate with your online stores or systems, or the practices of merchants who use our Apps on their websites. Please be sure to consult the privacy statements of these third parties to understand what their privacy practices are.
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Personal Information We Collect

How We Use It

Name and contact information. When you sign up for a Service or install an App, we will collect information such as your first and last name, business name, email address, postal address, phone number, account name, and other similar identifying information.

Note: We do not knowingly collect information relating to persons under 13 years of age, nor may persons under the age of 18 sign up as a direct customer of our Services.

To authenticate you and your right to access our Services
For billing and support purposes

As needed to provide the Services you request (such as placing your branding on certain screen displays or putting your contact information in automated messages to your customers when you configure the Services to do so)

To communicate with you regarding your account and administrative issues relating to use of the Services
To communicate with you for marketing and promotional purposes, if we have your consent to do so
To comply with legal requirements (such as court subpoenas)
To protect our legal rights or those of third parties (such as fraud prevention)

Account Credentials and Usage. We collect information on passwords, password hints, account identifiers, tokens assigned by ecommerce platforms, and similar security information, and we monitor subscription time and other usage metrics related to your use of our Services.

For identity authentication, account access, and support
For subscription billing purposes, including the calculation of any per-transaction or similar charges
To better understand how our Services are used and might be improved

Billing and Payment Information. We will use your contact information, credentials, billing preferences, and information from your account regarding time and usage data (such as completed transaction counts) in order to bill you for your use of the Services.

Note: We do not collect or retain any information from your payment cards; that information is handled by third-party payment processors or your ecommerce platform provider. The payment information we receive and retain for our records is limited to the status of billing and receipt of payments for your use of the Services.

Billing, payment, refunds, and collections purposes

Personal Information you ask us to process for you. Depending on the App or other Services you use, your personal information and that of third parties may be included in the data sent by you for us to process, or sent by others on your behalf (such as automated information forwarded to us by your ecommerce platform or from a third-party system you have integrated into your website).

To provide the Services you have requested
To comply with legal requirements (such as court subpoenas)
To monitor the performance of the Services, correct errors, provide support, and to develop new and improved Services
To protect our legal rights or those of third parties (such as fraud prevention)

Demographic and Personal Information You Choose to Provide to Us. You may have opportunities to voluntarily register and participate in a survey, training, contest, sweepstake, request for feedback, or other situations in which you may choose to share demographic and other personal information with us, such as your age, gender, location, interests, and preferred language, or such data may be collected by a merchant or customer who uses our Services and asks us to process the data.

To personalize your experience with our Services
To facilitate your participation in optional promotions, activities, and events
As needed to provide the Services requested
To target the communications that may be of interest to you for marketing and promotional purposes, if you consent to receiving them
For legal compliance purposes, such as identifying your jurisdiction or confirming that you meet any legal age requirements

Information Collected From Devices. We may collect information about the devices you use to access our Services, such as information on the operating system, which web browser is used, your Internet Protocol (IP) address, the referring URL, your location, and unique device identifiers.

To help authenticate you and improve the appearance and functionality of the Services for you
To provide support
To help target marketing and promotional activities
For research purposes to understand how you use our Services and help improve and develop new offerings

Information We Collect Using Cookies and other Tracking Technologies. We use various technical mechanisms such as cookies, web beacons, and similar tracking technologies to monitor how users use our Services and what their interests are. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. “Web beacons” refer to various tracking technologies used to check whether you have accessed some content on our Services or to understand your interests.

You can disable all cookies through settings in your Internet browser, however if you choose to do so, some components of our Services may not work properly if necessary cookies are blocked.

To support certain functionality of the Apps and Services, such as remembering your privacy preferences, login information, or filling in forms
To count visits and traffic sources, so we can measure and improve the promotion and performance of our Services
To provide enhanced functionality and personalization, such as videos and live chats (these may be set by us or by third-party providers whose services we have added to our websites)
To help target marketing and promotional activities
To compile aggregated statistical or anonymized information about our Services, how they perform, and how they are used; this information does not contain any personally identifiable information

Information Third Parties May Collect Using Cookies and Other Tracking Technologies.Some tracking technologies for third parties may be used in our Services, such as cookies required by third-party ecommerce platform providers, and those required by our advertising partners. These technologies can identify how you interact with our Services, your interests, and your interaction with advertisements.

You can opt-out of many third-party tracking technologies individually. For more information see the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.

You can also disable all cookies through your Internet browser, however if you choose to do so, some components of our Services may not work properly.

When required by ecommerce platforms or other services providers in order to provide the Services you have requested from us
To better understand how customers use our Services
To help target our marketing and promotional activities
To help target third-party offerings you may be interested in

Information Provided by eCommerce and other Platforms. If you install our Apps or other Services on an ecommerce platform such as Shopify, we will receive information about you from the ecommerce platform. This may include your name, phone number, other contact information, and location. Depending on the Services, it may also include your authorized users’ contact information as well as contact information for your customers and other data that may be needed for use of the Services.

To authenticate you and your right to access our Services
For billing and support purposes
As needed to provide the Services you requested and to integrate with third-party services you have selected
To communicate with you regarding your account and administrative issues relating to use of the Services
To communicate with you for marketing and promotional purposes, if we have your consent to do so
To comply with legal requirements (such as court subpoenas)
To protect our legal rights or those of third parties (such as fraud prevention)

When We Share Your Data

We do not sell your personal information. We share your personal information only:

If we have your consent or instructions to do so
With our trusted third-party subcontractors such as our hosting providers as needed to provide the Services to you, and to support and maintain our systems
When we are required by law to share the information such as in response to a court subpoena, although we will try to contact you first unless we are prohibited from doing so
If we believe it is necessary to protect our legal rights or to prevent harm to another party, such as for fraud prevention
If our business or any business unit merges with or is acquired by a third party.

When you use or sign-up for our Services, you are consenting to the use of your information as described in this Privacy Policy. You might also be asked for your consent to collect, use, and share certain data when you sign up for a particular contest, promotion, sweepstakes, survey, or event.

When you use one of our Services, you are instructing us to process and disclose your information based on the functionality of our Service. For example, if you have elected to integrate one of our Services with a third-party service, you are instructing us to share your data as requested by that integrated service in operation. If you use our Service on a particular ecommerce platform, you are instructing us to share your information as requested in operation by that platform provider. We are not responsible for the activities of these third parties. We encourage you to review their privacy statements to understand how they collect and use your information.‍

Your Rights Regarding Your Data in Our Possession

We endeavor to provide you with reasonable ways to access and control your personal information in our possession or control. Often that access and control will be available through the user interface of our Apps and Services. If not, please contact us at info@upsellmaxx.com for assistance. It is our intent to honor all legal requirements as they apply to your personal data now, and as they may develop in the future. Your rights include:

Opt-Out. We may periodically send you free newsletters and communications that promote our Services. When you receive newsletters or 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 “Stop” or “Unsubscribe” instructions in the communications. Opting out of promotional communications does not apply to administrative notices we may need send to you such as those regarding your account and status, or updates to our Terms of Service or Privacy Policy.

Ability to Edit or Delete Your Personal Information. Normally, you may edit your personal information through the user interface of the App or other Service being used. Otherwise, you may request that we edit or delete your account information by sending an email to info@upsellmaxx.com. Please note that we may be required by law or record retention requirements to keep some of this information, and we may be prohibited from deleting all of it for some period of time, in which case the information will be archived and used only for the required purpose. We will respond to your requests to edit or delete personal information within thirty (30) days, or sooner if required by applicable law. We will otherwise retain your information for as long as your account is active and needed to provide you with the Services you have requested, or as necessary to comply with our legal obligations, record retention requirements, to resolve disputes, or to enforce our agreements.
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Supplemental GDPR Privacy Statement

This Supplemental GDPR Privacy Statement is relevant to any individual located in the European Economic Area (“EEA”) who uses the Services. Applicable law, including the European Union Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”), may require Upsell Maxx to provide additional and different information about its data processing practices to data subjects in the EEA. If you are accessing the Services from a member state of the EEA through a site targeting an EEA member country, then this Supplemental GDPR Privacy Statement applies to you.

For purposes of the GDPR and other applicable laws, we, Upsell Maxx LLC, with offices at 116 Huntington Ave, 15th Floor, Boston Massachusetts 02116 USA, are the data controller of your personal information that we collect. Where the processing of personal information is undertaken by our affiliates, subsidiaries, or related entities, they are a joint controller with Upsell Maxx. Where you provide us with the personal information of third parties for processing, such as your customers, then you are the data controller of that information and we act as a processor of such data.

Legal Basis of Processing. In general, the legal basis for Upsell Maxx’s processing of your personal data in connection with the Services is Article 6(1)(b) of the EU GDPR, which allows the processing of personal data as necessary for the performance of a contract. When you access, use, or register for our Services, you form a contract with us based on the applicable terms of service, and Upsell Maxx needs to process your personal data to provide the requested Services. As exceptions, Upsell Maxx relies on your consent to this policy with respect to cookies that are not strictly necessary and direct marketing emails per Article 6(1)(a) of the EU GDPR, and pursues legitimate interests under Article 6(1)(f) of the EU GDPR with respect to situations where Upsell Maxx needs to process your personal data to comply with applicable laws (as a U.S.-based company, Upsell Maxx is subject to U.S. laws and must comply with them) or processes your personal data to improve our business and Services.

Personal Data Transfers outside of the EEA. Upsell Maxx may transmit some of your personal data to a country where the data protection laws may not provide a level of protection equivalent to the laws in your jurisdiction, including the United States. Please see the Product Schedules to this Privacy Policy for additional information. As required by applicable law, Upsell Maxx will provide an adequate level of protection for your personal data using various means, including, where appropriate:

relying on a formal decision by the European Commission that a certain country ensures an adequate level of protection for personal data (a full list of such decisions may be accessed online here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm);

entering into appropriate data transfer agreements based on language approved by the European Commission, such as the most recent Standard Contractual Clauses, which may be accessed online here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en

implementing appropriate physical, technical and organizational security measures to protect personal data against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing;

taking other measures to provide an adequate level of data protection in accordance with applicable law.

Any onward transfer is subject to appropriate onward transfer requirements as required by applicable law.

Data Retention. Upsell Maxx keeps personal data for as long as required to provide the Services you have requested or registered for and to comply with applicable laws and record-keeping requirements.

Data Subject Rights. You have a right to request from Upsell Maxx access to and rectification or erasure of your personal data or restriction of processing concerning you, as well as the right to data portability under the GDPR. You also have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data. In general, you have the right to object to our processing of your personal data for direct marketing purposes. If you have a right to object and you exercise this right, your personal data will no longer be processed for such purposes by us. You can exercise such rights by accessing the information in your account and privacy settings, if applicable, or submitting a request by email to info@upsellmaxx.com.

If you have provided consent for cookies that are not strictly necessary, or for direct marketing emails or other data processing based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You have the right to lodge a complaint with a supervisory authority.

Your Choices. You are not required to provide any personal data to Upsell Maxx, but if you do not provide any personal data at all to Upsell Maxx, we will not be able to provide the Services. If you provide only some of the personal information requested, the functionality of some Services designed to process certain information for you may not operate correctly.

Profiling. Upsell Maxx does not use in connection with the Services automated decision-making, including profiling, in a way that produces legal effects concerning you or which significantly affects you.

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International Transfers of Your Data

The personal information we collect is normally stored in secure hosting facilities in the United States or the European Union. Your personal information may be accessed by our personnel in other countries on a need-to-know basis in order to respond to your support requests, and to provide other maintenance, communications, and development services. The countries in which the relevant personnel are located vary by App, so please check the Product Schedule to identify the locations outside of the United States, United Kingdom, and the European Union where your data might be accessed through secure connections by our employees or contractors on a need-to-know basis.

We will ensure that any transfer of personal information from countries in the European Economic Area (“EEA”) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission and the United Kingdom, or the use of binding corporate rules, or other legally accepted means.

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Additional Information for California Residents

Your California Privacy Rights. If you are a California resident, the California Consumer Privacy Act (“CCPA”) allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information
Provide access to and/or a copy of certain personal information we hold about you
Delete certain personal information we have about you
Provide you with information about the financial incentives that we offer to you, if any

The CCPA further provides you with the right not to be discriminated against (as provided for in applicable law) for exercising your rights under the statute. Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide our Services to you. We also will take reasonable steps to verify your identity before responding to a request for security purposes. In doing so, we may ask you for verification information so that we can match at least two verification points with information we maintain in our files about you. If we are unable to verify you through this method, we shall have the right, but not the obligation, to request additional information from you.

If you would like further information regarding your legal rights under California law or would like to exercise any of them, or if you are an authorized agent making a request on a California consumer’s behalf, please contact us at info@upsellmaxx.com.

The CCPA provides certain rights if a company “sells” personal information, as such term is defined under the CCPA. We do not engage in activities that would be considered “sales” of your personal information under the CCPA.

Shine the Light Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes without your affirmative consent.

Browser “Do Not Track” Signals. Some web browsers may transmit “do-not-track” signals to a website. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are aware of them. Because there currently is no industry standard concerning what, if anything, a service should do when they receive such signals, we currently do not take action in response to these signals.

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Changes to this Privacy Policy

Upsell Maxx reserves the right to change this Privacy Policy and our privacy practices in the future. We will provide notification of material changes to this Privacy Policy through our website and, where appropriate, through in-App notices and/or by email to your email address(es) we may have on file. We will provide notice at least thirty (30) days prior to the change taking effect and the revision date of each Privacy Policy will be posted with the policy. Your continued use of the Services after the notice period has passed and the policy changes are effective constitutes your acceptance of the changes.

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Contact Us

Upsell Maxx's representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union are located in Germany. This resource can be contacted in addition to general corporate inquiries (info@upsellmaxx.com), only on matters related to the processing of personal data in the EU. To make such an inquiry, please contact:

Shane Forster
‍shane@reviews.io

‍Upsell Maxx's representative in the UK for data protection matters is located in England. This resource can be contacted in addition to general corporate inquiries (info@upsellmaxx.com), only on matters related to the processing of personal data in the UK. To make such an inquiry, please contact:

Nicola Mason
‍nicola@reviews.io

Upsell Maxx welcomes your comments, questions, and concerns regarding our Privacy Policy. Please contact us at info@upsellmaxx.com or at our mailing address below:

- Upsell Maxx LLC

116 Huntington Ave, 15th Floor

Boston Massachusetts 02116 USA 📫Hey

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Product Schedules

Conversion Bear

Privacy inquiries regarding Conversion Bear may be sent to lynda@conversionbear.com.

For EU, UK, and EEA users: Conversion Bear Services are hosted and accessed on servers in the United States and Israel. Limited secure access from computers in Germany and the Philippines is permitted by authorized employees and contractors for support, maintenance, communications, and development purposes.

Nextsale

Privacy inquiries regarding Nextsale may be sent to privacy@nextsale.io.

For EU, UK, and EEA users: Nextsale Services are hosted and accessed on servers in the United States and Germany. Limited secure access from computers in Azerbaijan and Serbia is permitted by authorized employees and contractors for support, maintenance, communications, and development purposes.

OrderBump

Privacy inquiries regarding OrderBump may be sent to orderbump@upsellmaxx.com.

For EU, UK, and EEA users: OrderBump Services are hosted and accessed on servers in the United States.

Rich Returns

Privacy inquiries regarding Rich Returns may be sent to privacy@richcommerce.co.

For EU, UK, and EEA users: Rich Returns Services are hosted and accessed on servers in the European Union.

RoboTurk

Privacy inquiries regarding RoboTurk may be sent to privacy@roboturk.co.

For EU, UK, and EEA users: RoboTurk Services are hosted and accessed on servers in the United States. Limited secure access from computers in India, Costa Rica, and the Philippines is permitted by authorized employees and contractors for support, maintenance, communications, and development purposes.