Privacy Policy

Effective date: April 11, 2022

Upburst knows that you care about how your personal information is used and shared, and Upburst takes your privacy seriously. Please read the following to learn more about Upburst Privacy Policy (“Privacy Policy”). This Privacy Policy also tells you about your rights and choices with respect to your Personal Information, and how you can reach us to update your contact information or get answers to questions you may have about our privacy practices.By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that Upburst will collect, use, and share your information in the following ways. Remember that your use of Services is at all times subject to the Terms as set forth at https://upburst.io/terms-of-service, which incorporate this Privacy Policy. Any terms Upburst uses in this Privacy Policy without defining them have the definitions given to them in the Terms.

What does this Privacy Policy cover?

This Privacy Policy covers Upburst’ treatment of personally identifiable information (“Personal Data”) that Upburst gathers when you are accessing or using Services. Upburst gathers various types of Personal Information from users of Upburst, as explained in more detail below, and Upburst uses this Personal Information internally in connection with Services, including to personalize, provide, and improve your use of Upburst and your experience of Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfilyour requests for certain products and services, and to analyze how you use Services. In certain cases, Upburst may also share some Personal Information with third parties, but only as described below.As noted in the Terms, Upburst does not knowingly collect or solicit Personal Data from anyone under the age of 18. If you are under 18, please do not attempt to register for Services or send any Personal Data about yourself to Upburst. If Upburst shall learn that it has collected Personal Data from a child under age 18, Upburst will delete that information as quickly as possible. If you believe that a child under 18 may have provided Upburst personal information, please contact Upburst at info@upburst.io

Will Upburst ever change this Privacy Policy?

Upburst is constantly trying to improve Services, so it may need to change this Privacy Policy from time to time as well, but Upburst will alert you to changes by placing a notice on the Website, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from Upburst (or you haven’t provided Upburst with your email address), those legal notices will still govern your use of Services, and you are still responsible for reading and understanding them. If you use Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information Upburst collects now is subject to the Privacy Policy in effect at the time such information is collected.

What is Personal Information?

Personal Information is all information that directly or indirectly (i.e. together with other information) may identify an individual. This means that a wide range of data, such as names, contact details, IP addresses, and behaviour and choices made online can be personal data.Data processing is any operation or set of operations performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, blocking, erasure or destruction of personal data.

Personal Information We May Collect

We obtain Personal Information relating to you from various sources described below. Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Service if that information is necessary to provide you with the service or if we are legally required to collect it.

Personal Information Provided by You

Registration.
If you desire to have access to certain restricted sections of the Site or request to receive marketing materials, you may be required to become a registered user, and to submit the following types of Personal Information to Upburst: your name, company name, email address, phone number, full user name, password, city, and time zone.
Customer Support.
We may collect information through your communications with our customer support team or other communications that you may send us and their contents.Making a Purchase.When you makepayments through the Service, you will need to provide Personal Information such as your credit card number and billing address.
Social Media.
In order to allow you to manage your social media ad platforms, we may ask you to provide your username, accountids, social handle, timezones, email address and other information. This data will only be used by Upburst to provide you with the Service you expect and will not be shared with any third parties.
Facebook.
Upburst may allow you to connect a Facebook Ad Account to your Upburst account, in which case we will access certain information from Facebook Ads regarding your account. This data will only be used by Upburst to provide you with the Service you expect and will not be shared with any third parties.
Google Analytics.
Upburst may allow you to connect a Google Analytics Account to your Upburst account, in which case we will access certain information from Google Analtytics regarding your account. This data will only be used by Upburst to provide you with the Service you expect and will not be shared with any third parties.
Other.
We may also collect your contact details when you provide them in the context of our customer, vendor, and partner relationships.

Personal Information Automatically Obtained from Your Interactions with the Service

Log Data.
When you use our Service, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit, the search terms you use, and any advertisements on which you click.
Cookies and Similar Technologies.
Like many websites, we also use “cookie” technology to collect additional website usage data and to improve the Site and our Service. A cookie is as mall data file that we transfer to your computer’s hard disk. A session cookie enables certain features of the Site and our service and is deleted from your computer when you disconnect from or leave the Site. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. Upburst may use both session cookies and persistent cookies to better understand how you interact with the Site and our Service, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and our Service.We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message, to the extent permitted under applicable law.You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.Please review theCookies Policy, available at here and incorporated herein by reference, for a more detailed description of Upburst’ usage of Cookies
Notice Concerning Do Not Track.
There is no uniform or consistent standard or definition for responding to, processing, or communicating Do Not Track signals. At this time the Services do not function differently based on a user’s Do Not Track signal.
Links to Other Websites
Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to read the privacy policies or statements of the other websites you visit.
Third Party Web Beacons and Third Party Buttons
We may display third-party content on the Service, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Upburst. Please consult such third party’s data collection, use, and disclosure policies for more information.

How We May Use Your Personal Information

We may use the Personal Information we obtain about you to:create and manage your account, provide our Service, process payments, and respond to your inquiries;manage account authentication such as two-factor authenticationcommunicate with you to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance, including by periodically emailing you service-related announcements;tailor our Service (e.g., we may use cookies and similar technologies to remember your preferences);publish your content, comments or messages on social media platforms;provide tailored advertising, for Upburst services, via Google Ads;aggregate your Personal Information for analytical purposes;provide customer support;operate, evaluate and improve our business (including by developing new products and services; managing our communications; determining the effectiveness of our advertising; analyzing how the Service is being accessed and used; tracking performance of the Service; debugging the Service; facilitating the use of our Service);send you marketing communications about products, services, offers, programs and promotions of Upburst, and affiliated companies;ensure the security of our Service;manage our customer, service provider and partner relationships;enforce our agreements related to our Service and our other legal rights; andcomply with applicable legal requirements, industry standards and our policies.If you are located in the European Economic Area, we may process your Personal Information for theabove purposes when:you have consented to the use of your Personal Information, For example, we may seek to obtain your consent for our uses of cookies or similar technologies, or to send you marketing communications.we need your Personal Information toprovide you with services and products requested by you, or to respond to your inquiries,we have a legal obligation to use your Personal Information, orwe have a legitimate interest in using your Personal Information. In particular, we have a legitimateinterest in using your Personal Information to ensure and improve the safety, security, and performance of our Service, to anonymize Personal Information and carry out data analyses.

How We Share Your Personal Information

We may disclose the Personal Information we collect about you as described below or otherwise disclosed to you at the time the data is collected, including with:
Service Providers
We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, and direct marketing campaigns. We may share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services. We also require these third parties to maintain the privacy and security of the Personal Information they process on our behalf.
Compliance with Laws and Law Enforcement
Upburst cooperates with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against claims, for legal process (including subpoenas), to protect the property and rights of Upburst or a third party, to protect Upburst against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Service and any equipment used to make the Service available, or to comply with the law.Business Transfers
Upburst may sell, transfer or otherwise share some or all of its assets, including Personal Information, in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction, or in the event of insolvency or bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.
Other Third Parties
We may share Personal Information with our headquarters and affiliates, and business partners to whom it is reasonably necessary or desirable for us to disclose your data for the purposes described in this Privacy Policy. We may also make certain non-Personal Information available to third parties for various purposes, including for business or marketing purposes or to assist third parties in understanding our users’ interest, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and functionality available through the Service.

How We Protect Your Personal Information

Upburst is very concerned about safeguarding the confidentiality of your Personal Information. We employ administrative and electronic measures designed to appropriately protect your Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. Please be aware that no security measures are perfect or impenetrable. We cannot guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our administrative, physical, and electronic safeguards, subject to requirements under applicable law to ensure or warrant information security.We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or conspicuous posting on our Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system , and any other disclosures that maybe required under applicable law.We also take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.

Data Transfers

Upburst is based in New Zealand. Personal Information that we collect may be transferred to, and stored at, any of our affiliates, partners or service providers which may be inside or outside the European Economic Area (“EEA”) and Switzerland, including the New Zealand, Australia and the United States. By submitting your personal data, you agree to such transfers. Your Personal Information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information. When we transfer or disclose your Personal Information to other countries, we will protect that information as described in this Privacy Policy.

Your rights under applicable data protection legislation

In certain jurisdictions you have the right to request access and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or object to the processing of your Personal Information, to have the information blocked, anonymized or deleted, as appropriate, or to exercise your right to data portability to transfer your Personal Information to another company. Those rights may be limited in some circumstances by local law requirements. In addition to the above-mentioned rights, you also have the right to lodge a complaint with a competent supervisory authority subject to applicable law.Where required by law, we obtain your consent for the processing of certain Personal Information collected by cookies or similar technologies, or used to send you direct marketing communications, or when we carry out other processing activities for which consent may be required. If we rely on consent for the processing of your Personal Information, you have the right to withdraw it at any time and freeof charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.To update your preferences, ask us to remove your information from our mailing lists, delete your account or submit a request to exercise yourrights under applicable law, please contact us at info@upburst.io.

How to Contact Us

Upburst is responsible for the processing of your Personal Information. If you have any questions or comments regarding this Privacy Policy, or if you would like to exercise your rights to your Personal Information, you may contact us by emailing us at info@upburst.io or by writing to us at: 30 Wilson Road, Waihi Beach, 3611, New Zealand