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Privacy Notice for California Residents

Last updated Jan 01, 2020

    This Privacy Notice for California Residents supplements the information contained in the Uphold Privacy and Data Policy and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

    Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some of its requirements.

  • Information We Collect

    Uphold HQ Inc. and its affiliated companies (“Uphold”) collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

    Publicly available information from government records.

    Deidentified or aggregated consumer information.

    Information excluded from the CCPA’s scope, such as:

    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

    In particular, Uphold collected the following categories of personal information from its consumers within the last twelve (12) months:

    Category
    Example
    Collected
    Category
    A. Identifiers.
    Example
    A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
    Collected
    Yes
    Category
    B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
    Example
    A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
    Collected
    Yes
    Category
    C. Protected classification characteristics under California or federal law.
    Example
    Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
    Collected
    yes
    Category
    D. Commercial information.
    Example
    Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
    Collected
    No
    Category
    E. Biometric information.
    Example
    Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
    Collected
    Yes
    Category
    F. Internet or other similar network activity.
    Example
    Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
    Collected
    Yes
    Category
    G. Geolocation data.
    Example
    Physical location or movements.
    Collected
    Yes
    Category
    H. Sensory data.
    Example
    Audio, electronic, visual, thermal, olfactory, or similar information.
    Collected
    Yes
    Category
    I. Professional or employment-related information.
    Example
    Current or past job history or performance evaluations.
    Collected
    No
    Category
    J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
    Example
    Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
    Collected
    No
    Category
    K. Inferences drawn from other personal information,
    Example
    Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
    Collected
    No

    Uphold obtains the categories of personal information listed above from the following categories of sources:

    • Directly from you. For example, from forms you complete or products and services you purchase.
    • Indirectly from you. For example, from observing your actions on our Website.
    • From third parties. For example, from our third party service providers to verify your identity or to facilitate our provision of services to you. 
  • Use of Personal Information

    We may use or disclose the personal information we collect for one or more of the following purposes:

    • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to utilize our services, we will use that information to verify your identity, authenticate your funding source(s) and facilitate the provision of our services. We may also save your information to facilitate new requests and to comply with relevant laws.
    • To provide, support, personalize, and develop our Website, products, and services.
    • To create, maintain, customize, and secure your account with us.
    • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
    • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
    • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
    • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
    • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
    • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
    • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
    • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

    We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

  • Sharing Personal Information

    We do not sell your personal information. We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. 

    We share your personal information with the following categories of third parties:

    • Service providers.
    • API partners via our App Center at your request.
    • Regulatory or government agencies required by law.

    Disclosures of Personal Information for a Business Purpose

    In the preceding twelve (12) months, Uphold has disclosed the following categories of personal information for a business purpose:

    • Category A: Identifiers
    • Category B: California Customer Records personal information categories.
    • Category C: Protected classification characteristics under California or federal law.
    • Category E: Biometric information.
    • Category F: Internet or other similar network activity.
    • Category G: Geolocation data.
    • Category H: Sensory data.

    We disclose your personal information for a business purpose to the following categories of third parties:

    • Service providers.
    • Third-Party User initiated Applications

    Sales of Personal Information

    In the preceding twelve (12) months, Uphold has not sold personal information.

  • Your Rights and Choices

    The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

    Access to Specific Information and Data Portability Rights

    You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

    • The categories of personal information we collected about you.
    • The categories of sources for the personal information we collected about you.
    • Our business or commercial purpose for collecting or selling that personal information.
    • The categories of third parties with whom we share that personal information.
    • The specific pieces of personal information we collected about you (also called a data portability request).
    • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: undefinedundefined

    We do not provide these access and data portability rights for B2B personal information.

    Deletion Request Rights

    You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

    We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

    • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    • Debug products to identify and repair errors that impair existing intended functionality.
    • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    • 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 interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    • Comply with a legal obligation.
    • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

    We do not provide these deletion rights for B2B personal information.

    Exercising Access, Data Portability, and Deletion Rights

    To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request through our Data Subject Request Portal

    Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. 

    You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

    • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include: undefined
    • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

    We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

    Making a verifiable consumer request does not require you to create an account with us. 

    We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

    Response Timing and Format

    We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

    We will deliver our written response to the email used when submitting your request through the Data Subject Request Portal.

    Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

    We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

    Personal Information Sales Opt-Out and Opt-In Rights

    Uphold does not sell personal information, so there is no need to opt out.

  • Non-Discrimination

    We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

    • Deny you goods or services.
    • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
    • Provide you a different level or quality of goods or services.
    • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

    However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. 

  • Changes to Our Privacy Notice

    We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

  • Contact Information

    If you have any questions or comments about this notice, the ways in which Uphold collects and uses your information described here and in the Privacy and Data Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

    Website: Data Subject Request Portal 

    Email: [email protected]