Privacy Policy

The Upside Privacy Policy explains how we collect, use, and share information about you when you access or use our software and services ("Services").

The term "Personal Information" shall refer to information that is capable of identifying an individual or that is related to an identifiable individual. Such information may include, but is not limited to, the following:

1. Name
2. Age
3. Postal and email address
4. Telephone number
5. Gender identity
6. Ethnicity and primary language
7. Veteran status
8. Current occupation
9. Level of completed education
10. IP address
11. Physical location, which may be derived from IP address or mobile device
12. Financial information, such as mortgage loan balance, only if the individual voluntarily chooses to share such information with the Company
13. Real estate buying/selling interests, only if the individual voluntarily chooses to share such information with the Company
14. Mobile device’s contacts, photos, and location, only if the individual voluntarily chooses to share such information with the Company
15. Photos
16. Account log-in information for third-party websites, services, or applications, such as Facebook or Google, only if the individual voluntarily chooses to link these accounts to the Company's websites or apps
17. Realtor license number
18. Any other personal information that the individual may choose to share while utilizing the Company's services.

The Collection and Use of Personal Information

Our company and our service providers may collect Personal Information through various means, including:

1. Through the Services: We may collect Personal Information when you fill out a user profile, register an account, request a market analysis, or contact us.
2. From Other Sources: We may receive Personal Information from publicly available databases, joint marketing partners, or other sources. The collection of Personal Information is necessary to provide requested Services to you. If you do not provide requested information, we may not be able to provide Services.

Our company and our service providers may use Personal Information for the following legitimate business purposes:

1. Providing Services: We use Personal Information to provide the functionality of our Services, respond to your inquiries, send administrative information, and allow you to send messages. This is done to manage our contractual relationship with you and/or comply with legal obligations.
2. Marketing and Social Sharing: We use Personal Information to send marketing emails, facilitate social sharing, and analyze your preferences. This is done with your consent or where we have a legitimate interest.
3. Personalized Services: We use Personal Information to personalize our interactions with you and provide tailored information and offers. This is based on our legitimate interests and with your consent as required by law.
4. Promotions: We may use Personal Information for sweepstakes, contests, and promotions. Some promotions have additional rules about the use and disclosure of Personal Information, so please read those rules before participating.
5. Aggregating and Anonymizing: We may aggregate and/or anonymize Personal Information to generate other data, which can be used and disclosed for any purpose as it no longer identifies you.
6. Business Purposes: We may use Personal Information for data analysis, audits, fraud and security monitoring, developing new products, identifying usage trends, promotional campaigns, and operating and expanding our business activities. This is done to manage our contractual relationship with you, comply with legal obligations, and/or based on our legitimate interests.

The Disclosure of Personal Information

Our company may disclose Personal Information to:

1. Affiliates: We may disclose Personal Information to our affiliates for purposes outlined in this Privacy Policy.
2. Service Providers: We may disclose Personal Information to third-party service providers to facilitate services they provide to us, such as data analysis, payment processing, and user support.
3. Promotion Sponsors: We may disclose Personal Information to third-party sponsors of sweepstakes, contests, and similar promotions.
4. Business Partners: We may share Personal Information with selected third-party business partners for their own business purposes, including sending information about products and services that may be of interest to you.
5. Elective Disclosures: You may elect to disclose Personal Information on message boards, chat, blogs, or other services. Please note that any information you post is public and can be seen by others.

Our company will disclose Personal Information in accordance with applicable laws and regulations.

Pursuant to the collection and use of Personal Information, the Services may also engage in additional uses and disclosures as necessitated by legal obligation or legitimate interest. These additional uses and disclosures include, but are not limited to:

1. Compliance with applicable laws and regulations, including those that may exist outside of the individual's country of residence.
2. Cooperation with government and public authorities, including those located outside of the individual's country of residence.
3. Cooperation with law enforcement efforts.
4. Enforcing the terms and conditions of the Services.
5. Protection of the rights, privacy, safety, and property of the Services, its affiliates, and other individuals.
6. In connection with a sale, business transaction, or reorganization of the business.

In addition to Personal Information, the Services also collect "Other Information," which refers to any information that does not reveal the individual's specific identity or does not directly relate to an identifiable person. Other Information collected by the Services may include, but is not limited to:

1. Browser and device information.
2. App usage data.
3. Information collected through cookies, pixel tags, and other technologies.
4. Demographic information and other information provided by the individual that does not reveal their specific identity.
5. Information that has been aggregated in a manner that it no longer reveals the individual's specific identity.

The Services, along with its service providers, may collect Other Information through various means, including:

1. Browsers and devices, including information such as the individual's MAC address, computer type, screen resolution, operating system, device manufacturer and model, language, internet browser type, and version, and the name and version of the Services being utilized.
2. Upside Apps, including the date and time the App accesses the Services' servers, information downloaded to the App based on the device number, and App usage data.
3. Cookies, which are pieces of information stored directly on the individual's computer and used to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data.
4. Pixel tags and similar technologies, such as web beacons and clear GIFs, used to track user actions and measure marketing campaign success.
5. Analytics, including the use of Google Analytics to collect and analyze information on Service usage and report on activities.

Information on declining cookies can also be found in the individual's web browser documentation or at http://www.allaboutcookies.org/manage-cookies/index.html. It is important to note that declining the use of cookies may result in inconvenience in the utilization of the Services and the individual may not receive offers that are relevant to their interests and needs.

If you seek to access, amend, delete, or restrict the processing of your Personal Information, or if you desire to receive a digital copy of your Personal Information for transfer to another entity (where legally permitted), kindly send a request to info@upside.com. Our response will be in accordance with applicable laws. For residents of California, please consult the “California Consumer Privacy Notice” at the end of this Policy for further details regarding your rights under California law.

In your request, kindly specify the changes you want to make to your Personal Information, including any suppression of data. For security purposes, we may only comply with requests relating to the Personal Information linked to the email address used to send the request and may need to verify your identity before proceeding. We will make efforts to accommodate your request in a timely manner.

Please note that for record-keeping and transactional reasons, some information may need to be retained even after a request for change or deletion. If you are a minor resident of California and have posted content or information to the Services, you may request its removal by contacting us via the “Contact Us” section. However, please be aware that complete or comprehensive removal may not be guaranteed, as third parties may have reposted the content.

Our retention of Personal Information complies with the applicable laws and is based on the duration of our relationship with you, any legal obligations, and the necessity to maintain records for legal purposes. This Privacy Policy does not apply to, nor are we responsible for, the privacy practices of third-party websites or services linked to the Services, or the information collection, use, disclosure, or security policies of organizations such as app developers, operating system providers, or device manufacturers. Upside’s mobile application is subject to Google API Services User Data Policy regarding the use and transfer of information received from Google APIs.

The Services are not intended for individuals under the age of 16, and we do not knowingly collect or solicit Personal Information from minors. If you believe that we have collected Personal Information from an individual under 16, please email info@upside.com.

Your Personal Information may be stored and processed in any country where we have facilities or engage service providers, which may include transfer to countries outside of your residence with differing data protection regulations. In certain cases, courts, law enforcement, regulatory agencies, or security authorities in those countries may have access to your Personal Information.

For EEA residents, some non-EEA countries have been recognized by the European Commission as providing adequate protection of personal data. The full list of such countries can be accessed here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

We request that you do not send us or disclose any sensitive Personal Information, including but not limited to social security numbers, payment information, political opinions, religious beliefs, health information, genetic information, criminal history, or trade union membership.
AMENDMENTS TO THIS PRIVACY POLICY

The "Last Updated" date at the top of this Privacy Policy reflects the date on which the Privacy Policy was last revised. Any modifications to the Privacy Policy will become effective when posted on the Services. Your continued use of the Services following these changes signifies your acceptance of the revised Privacy Policy.
CONTACT INFORMATION

Upside, located at 775 Ridge Lake Blvd, Ste 400 Memphis, TN 38120, is responsible for the collection, utilization, and disclosure of your Personal Information as stated in this Privacy Policy.

If you have any inquiries regarding this Privacy Policy, please reach out to us at info@upside.com or through the following address:
775 Ridge Lake Blvd, Ste 400 Memphis, TN 38120

Please note that email communications are not always secure, thus, refrain from including sensitive information, such as credit card information, in your emails to us.

ADDITIONAL INFORMATION FOR THE EEA

In the case of a violation of applicable data protection law, you may file a complaint with the EU/EEA data protection authority for your country or region. A list of data protection authorities is accessible at https://edpb.europa.eu/about-edpb/about-edpb/members_en.

CALIFORNIA CONSUMER PRIVACY ACT NOTICE

APPENDIX TO UPSIDE PRIVACY POLICY

In compliance with the California Consumer Privacy Act of 2018 (“CCPA”), Upside. and its affiliates (“we” or “us”) are providing the following details regarding the categories of Personal Information that we collect, utilize, and disclose about California residents. Under the CCPA, "Personal Information" refers to information that identifies, relates to, or can reasonably be linked to a specific California resident or household.

SOURCES OF PERSONAL INFORMATION

We collect Personal Information from:

• Our interactions with you, such as your use of our websites, applications, or phone calls, as well as when you sign up for a newsletter, register an account, purchase a product or service, or attend one of our events.
• Our affiliates, third-party providers of software applications available on the Upside Platform, and publicly available online sources.

CATEGORIES OF PERSONAL INFORMATION COLLECTED
The following categories of Personal Information, as listed in the CCPA, may be collected and have been collected in the past 12 months:

• Category A: Identifiers, such as name, contact information, IP address, and other online identifiers
• Category B: Personal information as defined in California customer records law, including name, contact information, payment card number, financial information, employment information, insurance information,
• Category C: Characteristics of protected classifications under California or federal law, such as marital status
• Category D: Commercial information, such as transaction information and purchase history
• Category F: Internet or network activity information, such as browsing history and website interactions
• Category G: Professional or employment-related information
• Category H: Geolocation data, such as device location
• Category K: Inferences drawn from any of the above Personal Information to create a profile, for example, of an individual’s preferences and characteristics.

UTILIZATION OF PERSONAL INFORMATION

"The utilization of personal information falls under the purview of our business operations, management, and maintenance. This information is collected and processed for the purpose of providing our products and services, fulfilling our business objectives, and ensuring the proper functioning of our business.
The personal information we collect may be used for the following purposes:

1. To address requests, inquiries and process transactions made by our clients;
2. To provide, maintain, improve, and repair our products and services;
3. To offer tools and services to our franchisees and agents;
4. To personalize, advertise, and market our products and services;
5. To carry out research, analytics, and data analysis;
6. To maintain our records and properties, and implement quality and safety measures;
7. To implement risk management and security control, and detect and prevent fraud;
8. To verify identities, perform accounting and audit functions, and conduct internal investigations and record-keeping;
9. To undertake corporate transactions such as mergers, joint ventures, or acquisitions; and
10. To comply with applicable laws, legal processes, and internal policies, and to assert and defend legal rights and claims."

Pursuant to the provisions of the California Consumer Privacy Act (CCPA), the following categories of Personal Information have been disclosed to third parties for the purpose of conducting business operations within the preceding 12 months:

1. Identifiers, such as name, contact information, IP address and other online identifiers;
2. Personal Information, as defined under the California customer records law, which includes, but is not limited to, name, contact information, payment card number, financial information, and employment information;
3. Characteristics protected under California or federal law, such as marital status;
4. Commercial Information, such as transaction data and purchase history;
5. Internet or network activity information, such as browsing history and interactions with our website;
6. Geolocation data, such as device location;
7. Professional or employment-related information; and
8. Inferences derived from any of the aforementioned categories of Personal Information used to create a profile, including, but not limited to, an individual's preferences and characteristics.

These categories of Personal Information have been disclosed to affiliated entities, trusted third-party service providers, licensed franchisees, and business partners, as well as to agents, brokers, and market centers upon request of the concerned individual.
It is emphasized that the Personal Information has not been sold, as the term "sale" is defined under the CCPA.

EXERCISE OF RIGHTS BY CALIFORNIA RESIDENTS

Pursuant to the CCPA, California residents have the right to:

• Request access to specific categories and pieces of Personal Information that we have collected about them in the preceding 12 months, and request the source of that Personal Information;
• Request deletion of Personal Information that we have collected about them, subject to certain exceptions; and
• Opt-out of the sale of Personal Information to third parties.
• To exercise these rights, California residents may submit a request to us by either:
• Calling us at (888)808-1580; or
• Submitting a request to us at (offers@withupside.com).

We will verify the requestor's identity by matching the information provided in the request with the Personal Information that we have on file, and we may require additional information to verify the requestor's identity.

Non-Discrimination

We will not discriminate against a California resident for exercising any of their rights under the CCPA, including by denying them goods or services, charging different prices or rates for goods or services, or providing a different level or quality of goods or services.

NOTICE TO MINORS

Our services are not directed to minors under the age of 18, and we do not knowingly collect Personal Information from minors. If we learn that we have collected Personal Information from a minor, we will take steps to delete that information as soon as possible.

QUESTIONS AND ADDITIONAL INFORMATION

If you have any questions or concerns regarding this Privacy Policy or our information practices, please contact us as indicated above.

This addendum to the Upside Privacy Policy applies solely to California residents and is effective as of the "Last Updated" date indicated at the top of this addendum.