Privacy Policy
Updated: April 8, 2024
Easychat Inc.(Doing Business As: Upbeat), denoted as "us", "we", or "our", manages the operation of the websites https://www.upbeat.chat and https://www.upbeat.chat, along with the Upbeat mobile application, collectively referred to as the "Services". This document delineates our policies and protocols concerning the acquisition, utilization, and disclosure of personally identifiable information ("Personal Information") when engaging with our Services. Your information shall not be employed or revealed to any third party, except as delineated in this privacy policy, known as the "Privacy Policy". We utilize your Personal Information to deliver and enhance the quality of our Services. By utilizing the Services, you hereby consent to the collection and utilization of your Personal Information as specified in this Privacy Policy.
Collection and Utilization of Personal Information:
In the course of our operations, we may request from you, or receive from third parties, certain Personal Information enabling contact or identification. This information may include, but is not limited to, your name, postal address, email address, and employer details. Our gathering of Personal Information serves various purposes, including but not limited to, facilitating the provision of Services, establishing communication channels regarding the Services, addressing inquiries, managing purchase orders, improving our Services, and keeping you informed about our Services, discounts, and promotional offers.
Duration of Retention for Your Personal Information:
The period for which we retain the information collected about you varies depending on the nature of the information, as outlined below. Subsequent to this timeframe, we will proceed to either delete or anonymize your information. In instances where deletion or anonymization proves impractical (such as when the information is stored in backup archives), we will securely maintain your information and isolate it from any future use until deletion becomes viable.
Account Data:
We maintain your account data for the duration of your account's active status and for a reasonable period thereafter, should you choose to reactivate the Services. Moreover, we retain your data as necessary to fulfill our legal obligations, resolve disputes, enforce agreements, and further enhance and refine our Services. Information retained for the improvement and advancement of our Services will be anonymized and used to derive aggregate insights regarding the usage of our Services, without specifically identifying personal attributes related to you. If access to the Services is facilitated through an organization (e.g., your employer), we retain your information for the duration specified by your employer in accordance with our agreement, as mandated by the administrator of your account. Should your account be deactivated, your information, conversations, and actions within the Services will persist to enable your team members to fully utilize the Services.
Marketing Preferences:
We maintain records of the marketing preferences for individuals who have opted to receive communications from us for a reasonable duration following their last indication of interest in our Services. Each marketing communication we send out provides an option to unsubscribe from future correspondence.
Accessing and Amending Your Personal Information:
We respect individuals' rights to access their personal data. You have the ability to access, update, correct, or request the removal of the Personal Information you have provided to us by submitting a request via email to hello@upbeat.chat or by contacting us through telephone or postal mail, as detailed in the 'How to Contact Us' section of this Privacy Policy. To protect your privacy and security, we will take reasonable measures to verify your identity before updating or removing your information.
Direct Collection of Information:
We collect data about you through direct means, such as when you provide it to us, as well as automatically during your use of the Services.
Collection of Log Data:
We engage in the collection of information, termed as 'Log Data', which is transmitted by your browser whenever you interact with our website or utilize our Services. This Log Data may include details such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages visited on our Services, the duration of your visit, and other relevant statistics. Furthermore, we employ third-party services like Google Analytics to gather, monitor, and analyze this information with the aim of improving the functionality of our Services. These third-party service providers maintain their own privacy policies governing the use of such data. When accessing the Services via a mobile device, specific information is automatically collected, encompassing the type of mobile device, its unique device ID, the IP address, mobile operating system, mobile internet browser type, and general location information, as elaborated further below.
Utilization of Geolocation Data:
We utilize and retain data related to your general location. This information plays a key role in providing specific features of our Services and in enhancing and customizing the overall user experience.
Cookie Usage:
To enhance our Services, we utilize cookies, which are small data files containing an anonymous unique identifier. These files are transmitted to your browser from a website and stored on your device. Configuring your browser to reject all cookies or to notify you when a cookie is sent is an option available to you. Most browsers provide a 'Help' feature offering guidance on managing cookies. However, please be aware that disabling cookies may restrict your access to certain features of our Services. Thus, we recommend maintaining cookies enabled for optimal functionality.
Policy on Do Not Track:
At present, we do not endorse Do Not Track (“DNT”) protocols. DNT is a preference that can be set within your web browser to inform websites of your choice not to be tracked. Enabling or disabling Do Not Track can be done by accessing the “Preferences” or “Settings” section of your web browser.
Data Gathering from External Sources:
We enrich your Personal Information by supplementing it with additional details obtained from publicly accessible sources. Additionally, we may receive your information from services integrated with Upbeat, from fellow Upbeat users, or from our affiliated partners.
Integrations:
Enhance the functionality of our Services by integrating Upbeat with third-party applications. If you provide credentials for third-party accounts, you acknowledge that certain content and/or information from those accounts (“Third Party Account Information”) will be transferred to your account with us, and such information is governed by this Privacy Policy. Additionally, Upbeat software may request permissions to perform actions on your behalf using your third-party account credentials. For example, if you integrate Upbeat Services with your Google Mail inbox, Upbeat software will seek authorization to access incoming messages and send emails on your behalf.
Contributions from Service Users:
Information regarding you may be provided by fellow users of our Services during their use of the platform. For instance, we may receive your email address from other Service users who invite you to join the Services.
Collaborators:
We collaborate with partners engaged in marketing, sales, or support activities related to our Services. These partners may provide us with your Personal Information to facilitate communication with you. Additionally, we may acquire your Personal Information from advertising agencies, market research firms, or data enrichment partners with whom we collaborate to identify potential customers.
Google User Data:
In supplement to the regulations delineated in this Privacy Policy, should you authorize the Upbeat Application to access designated categories of your Google data, the application's utilization of such data will be governed by the following additional restrictions:
Access to Gmail message bodies (including attachments), metadata, headers, and settings will be used exclusively by the Application to enable a web-based email client, allowing users to compose, send, read, and manage emails. Unless required to provide and improve these features, comply with applicable laws, or as part of a corporate transaction such as a merger, acquisition, or asset sale, this Gmail data will not be shared with third parties.
The Application will refrain from utilizing this Gmail data for advertising objectives.
The Application will restrict human access to this data unless explicit consent is obtained for individual messages. Access may be authorized for security-related inquiries, compliance with legal obligations, or internal operational requirements, and only subsequent to the aggregation and anonymization of the data.
Upbeat will ensure that its utilization and sharing of information acquired from Google Accounts align with Google's API Services User Data Policy, incorporating the regulations regarding Limited Use as outlined in the policy available at https://developers.google.com/terms/api-services-user-data-policy#additional_requirements_for_specific_api_scopes.
Third-Party Service Providers Handling Personal Information
To fortify our Services, we may engage third-party service providers, referred to as "agents," to assist in various capacities such as data storage, message delivery, credit card processing, data analysis, marketing support, contract management, data enhancement, and customer service provision. These agents are carefully selected to uphold the integrity and security of your Personal Information. They are bound by contractual agreements to access your data solely for designated tasks outlined in this Privacy Policy and are prohibited from disclosing or utilizing your information for any other purposes.
While we uphold our legal and contractual obligations with service providers, we recognize the potential liability for any mishandling of your Personal Information. Disclosure of such information is strictly limited to lawful requests from public authorities, particularly those related to matters of national security or law enforcement.
Communication Preferences and Opt-Out
Your Personal Information may be utilized for distributing newsletters, marketing materials, promotional offers, and relevant updates. You have the choice to decline receiving any or all of these communications by either utilizing the unsubscribe link, following the instructions provided in our emails, or directly reaching out to us at hello@upbeat.chat.
Protection of Personal Information
Ensuring the security of your Personal Information is our top priority. We strive to implement and maintain reasonable, commercially acceptable security measures and practices to protect the information we hold. These measures aim to prevent unauthorized access, alteration, destruction, use, or disclosure of your data. Nonetheless, it is imperative to recognize that no method of internet transmission or electronic storage is completely foolproof, and thus, we cannot ensure absolute security for the Personal Information you have entrusted to us.
International Transfer of Personal Information
Your Personal Information might undergo transfer and storage on servers situated outside your jurisdiction, potentially in nations with distinct data protection regulations. Should you reside outside the United States and furnish us with Personal Information, kindly note that your data will be transmitted to the United States.
Links To Other Sites
Within our Services, you may encounter links to external websites or online platforms over which we do not exercise control or management. Despite our efforts to furnish reliable links, we advise reviewing the privacy policies of every site you access. We disclaim responsibility for the content, privacy practices, or policies of third-party sites or services.
Children’s Privacy
The utilization of our Services is intended for individuals aged 18 and above. We do not knowingly gather personal information from individuals under the age of 13 ("Children"). Should you be a parent or guardian and suspect that your child has furnished us with personal information, kindly reach out to us. Upon becoming aware of any collection of personal information from a child without parental consent, we will promptly take measures to remove that information from our systems.
Contact Information for the Data Controller
Controller of your Personal Information:
Easychat Inc.
3340 Walnut Ave, Suite 112, Fremont, CA 94538
Email: hello@upbeat.chat
Rights Regarding Your Personal Information
Access: The entitlement to receive a copy of the Personal Information retained by Upbeat rests with you. Should you wish to exercise this right, kindly send an email to us at hello@upbeat.chat.
Rectification: If you perceive any Personal Information held by Upbeat to be inaccurate, you hold the authority to rectify it. You can amend your Upbeat account details via the “Settings” section. Should you harbor further concerns regarding the accuracy of your information, please reach out to us via email at hello@upbeat.chat.
Erasure, Restriction, or Objection to Processing: Should you deem it inappropriate for us to process your information, or if you object to our processing for a specific purpose, or if you desire the deletion of your Personal Information, please communicate with us via email at hello@upbeat.chat.
Withdrawal of Consent: In the event that you have previously granted consent for the processing of your Personal Information for a specific purpose, you possess the right to retract that consent. To proceed with this action, please correspond with us via email at hello@upbeat.chat. Please be advised that the withdrawal of consent does not affect the lawfulness of processing based on consent obtained prior to its retraction.
Data Portability: The entitlement to obtain the Personal Information you have furnished to Upbeat in a structured, universally recognized, and machine-readable format, and to transfer this data to another data controller, lies with you. Should you wish to exercise this entitlement, kindly reach out to us via email at hello@upbeat.chat.
CCPA Privacy Statement: This statement is directed towards residents of California or individuals from whom information has been gathered in California, aligning with the California Consumer Privacy Act of 2018 ("CCPA"). Terms utilized in this statement that are delineated in the CCPA hold the same definition as specified therein.
According to the CCPA, Personal Information does not encompass:
● Publicly accessible information from governmental records.
● De-identified or combined Personal Information that does not allow for individual identification.
● Information exempt from the CCPA, such as health or medical data protected by HIPAA and CMIA, or regulated by sector-specific privacy regulations like FRCA, GLBA, FIPA, and the Driver’s Privacy Protection Act of 1994. It's important to note that Upbeat does not gather sensitive personal information.
Upbeat obtains the categories of personal information listed above from the following sources:
● Directly and indirectly from site visitors and activity on the Upbeat website (www.upbeat.chat). For example, interactions with the Upbeat chat bot, cookies, or event registration forms.
● Directly from Upbeat’s Customers or their agents. For example, information provided by clients related to the services or products Upbeat provides.
● Directly and indirectly from third-parties, such as partners or collaborators, involved in Upbeat marketing activities and services. For example, leads and sales activities, event registration, or lead generation from partners and co-marketing campaigns.
PERSONAL INFORMATION UTILIZATION:
Our utilization or disclosure of collected personal information may serve one or more of the following business objectives:
(i) Provision of information, products, or services requested from Upbeat;
(ii) Dispatch of email alerts, event registrations, and other notifications concerning our products, services, events, or news;
(iii) Solicitation of feedback on Upbeat products, services, or your interactions with our platform, events, publications, or website;
(iv) Fulfillment of contractual obligations and enforcement of rights arising from agreements between us, including renewals, professional services, billing, collections, or other notifications;
(v) Enhancement of our website or engagements with you;
(vi) Development of Upbeat products or services;
(vii) Safeguarding the rights, assets, or safety of Upbeat, our clients, and other relevant third parties, as deemed necessary or appropriate;
(viii) Responsiveness to law enforcement inquiries and adherence to applicable laws, orders, or regulations;
(ix) Description of purposes to you at the time of personal information collection or as stipulated in the CCPA.
We commit to not gathering additional personal information categories or employing collected personal information for substantially different, unrelated, or incompatible purposes without providing reasonable notice.
SHARING PERSONAL INFORMATION
For business purposes, we may reveal your personal information to third parties, including service providers (as delineated in the CCPA), our affiliates (where applicable), and third parties authorized by you or your representatives to receive such information pertaining to the Upbeat products and services we furnish to you. In instances of disclosing personal information for business objectives, we execute contractual agreements specifying the purpose and mandating recipients to employ it solely for contractual performance and, if classified, maintain its confidentiality. Over the past twelve (12) months, Upbeat has disclosed the categories of Personal Information for business purposes as delineated in the aforementioned table.
SELLING INFORMATION
Upbeat refrains from engaging in the sale of Personal Information or any other data amassed or generated by its clientele in their utilization of the Upbeat platform, services, application, or any other context.
TO DISPEL ANY UNCERTAINTY, IT IS IMPERATIVE TO EMPHASIZE THAT UPBEAT REFRAINS ENTIRELY FROM SELLING THE INFORMATION THAT ITS CUSTOMERS OR USERS COLLECT, GENERATE, OR STORE THROUGH THEIR USE OF THE UPBEAT PLATFORM AND/OR SERVICES. UPBEAT DOES NOT USE OR PROCESS SUCH INFORMATION FOR ITS OWN PURPOSES. ANY PROCESSING OR SHARING OF PERSONAL INFORMATION COLLECTED BY OR BELONGING TO A CUSTOMER IS FOR THE PURPOSE OF PERFORMING THE SERVICES ONLY. SUCH INFORMATION IS AT ALL TIMES THE PROPERTY OF THE CUSTOMER, AND UPBEAT DOES NOT SELL IT.
YOUR RIGHTS AND CHOICES
The rights afforded by the CCPA extend to individuals residing in California or whose Personal Information was collected in California. Herein lies an outline of your rights and the avenues through which you can exercise them.
ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS
Upon your request, Upbeat is obligated to disclose specific information regarding the collection and utilization of your Personal Information during the past twelve (12) months. Upon receiving and validating your request for access to information, Upbeat is required to provide you with the following:
(i) Categories of Personal Information collected about you;
(ii) Sources from which the Personal Information was collected;
(iii) Business or commercial purpose behind collecting or, if applicable, selling the Personal Information;
(iv) Categories of third parties with whom the Personal Information is shared;
(v) Specific data points or pieces of Personal Information collected about you. If your Personal Information was disclosed for a business purpose or sold, Upbeat must furnish separate lists detailing:
(x) Categories of personal information sold to each category of recipient;
(y) Categories of personal information provided to each category of recipient for business purposes.
DELETION REQUEST RIGHTS
Should you wish, you hold the entitlement to request Upbeat's deletion of any Personal Information collected from and/or retained about you. Except for certain limited exceptions, upon receiving and confirming your verified data deletion request, Upbeat will proceed to delete (and instruct our service providers to do the same) your personal information from our records. Should Upbeat find it necessary to deny your deletion request, prompt notification will be provided, along with reasons justifying the retention of your information, as deemed necessary and permissible under the CCPA.
DO NOT SELL OPT-OUT RIGHTS
Should you choose, you possess the entitlement to opt-out of any sales, as outlined by the CCPA, of Personal Information conducted by Upbeat. You are required to express your request for Upbeat to refrain from selling any information you furnish to us as an individual, either upon the initial provision of Personal Information or at any subsequent time. Upon receiving and verifying your request, Upbeat will abstain from selling your Personal Information.
NON-DISCRIMINATION
We commit not to discriminate against you or any other individual for the exercise of any of your CCPA rights. Upbeat will not, except where permitted by the CCPA:
(i) Refuse you goods or services;
(ii) Apply different prices or rates for goods or services;
(iii) Offer you a different level or quality of goods or services;
(iv) Imply that you might receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to This Privacy Policy
We reserve the right to modify or revise our Privacy Policy as necessary, and we encourage you to regularly review it. Your continued use of the Services following any changes to the Privacy Policy posted on this page indicates your acceptance of the modifications and your agreement to comply with the updated Privacy Policy. Should there be any substantial changes to this Privacy Policy, we will notify you either through the email address you provided us or by prominently displaying a notice on our website.
Should you have inquiries or concerns about this Privacy Policy, feel free to contact us via the following channels:
Email: hello@upbeat.chat
Address: 3340 Walnut Ave, Suite 112, Fremont, CA 94538
Phone: 641-500-2245