Privacy Policy

Upside Talent Technologies, Inc. (“Upside Talent”, “our”, “us” or “we”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our website located at www.upsidetalent.com (the “Site”) and related software, services, features and content (collectively, the “Upside Talent Platform” or the “Platform”). This Privacy Policy applies only to information that you provide to us through the Platform. A user of the Platform or Site, whether as a registered user or a non-registered user just browsing the Site, is hereinafter referred to as a “User,” or collectively, the “Users”.

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Upside Talent Terms of Service, accessible at: www.upsidetalent.com . Capitalized terms used herein but not otherwise defined will have the definitions provided in the Terms of Service. As used in this policy, the terms “using” and “processing” information include using Cookies (defined below) on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among affiliates or partners we establish.

Information Collection and Use

Our primary goals in collecting, using and processing information via the Platform are to provide Users with access to and use of our Platform, to improve and further develop our Platform and to enable users to enjoy and easily navigate the Site.

Personally Identifiable Information

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Upside Talent Users to attempt to provide you with a better experience, to improve the quality and value of the Platform, and to analyze and understand how our Site and Platform are used, and to generate general industry analysis. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

When you register for the Platform, you will be opting-in to receive Upside Talent emails, newsletters, marketing and/or promotional materials. We will also use your Personal Information to send this content to you. If you decide at any time that you no longer wish to receive such communications from us, you can opt-out or customize the type of messages you receive from Upside Talent by visiting the “Notifications” section under “Account Settings”, or by clicking on the unsubscribe link included at the bottom of Upside Talent emails, or by emailing us at info@upsidetalent.com. Please note that any such opt-out applies solely to marketing related emails. Upside Talent will still need to communicate with you via email with regarding non-marketing related matters related to the Platform and you acknowledge and agree that Upside Talent has the right to do so.

Upside Talent’s Use of Personal Information

Upside Talent uses Personal Information for the following general purposes:

We may employ third party companies and individuals to facilitate our Platform, to provide the services of the Platform on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics, payment processing, fraud detection and improvement of the Site’s features) or to assist us in analyzing how our Site and Platform are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Although we ensure that our third party agents (“Agents”) receiving your information are bound by confidentiality obligations. Upside Talent is not responsible for and shall not be liable for any issues that may arise regarding the Privacy Policies of any of its agents, affiliates, advertiser and/or any other third parties. By using this website, you do hereby agree to hold Upside Talent indemnify, defend and hold harmless Upside Talent from any claims and/or damages that may arise from the actions of any of Upside Talent’s Agents, affiliates and/or advertisers.

Two things drive Upside Talent’s decisions regarding the use of information collected from users: 1) improving user experience by offering personalized services, content and advertising, and 2) market research.

Ads are a standard part of user experience on the Internet, and Upside Talent believes that targeted advertising enhances this experience. Upside Talent may use Cookies (defined below) and other technologies and Personal Information to place ads where they believe interested parties will see them. In addition to banner ads, Upside Talent may advertise products, companies and events that we think might interest you through the email address you provide.

Upside Talent may analyze Personal Information and Web Navigational Data based on your interests and may use the analysis from this information in a way that does not contain any Personal Information (“Market Research”) in order to:

Upside Talent uses data at the individual level to sell products and services to Users who express an interest in these products and services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Research.

Upside Talent may use your cell phone number to call or text you in order to provide the Platform. If you would like more information about our policy, or to opt out, please review our Terms of Service and email info@upsidetalent.com; by accepting these Terms of Service you are indicating your consent to be contacted at the phone number you have provided for the purposes described above.

Information Sharing

Client-Contractor Communication and Work Product

As part of the Platform, we may collect information and communication transferred between Client and Contractor, including without limitation the Work Product. Such data may include information input, sent or delivered by the Contractor or Client such as a memo, project details and timeline and responses to queries. Upside Talent may use this information for statistical analysis, product development, marketing and research. Except as noted above, we do not treat information contained in these communications as Personal Information, but we may use such information in association with Personal Information, and we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Log Data

When you visit the Site, whether as a registered user or a non-registered user just browsing the Site (a “User”), 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 computer’s Internet Protocol (“IP”) address, browser type, browser software version or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Site’s functionality and user-friendliness, to better tailor it to our visitors’ needs, and to detect suspicious activity. These third party service providers have their own privacy policies addressing how they use such information. We do not treat Log Data as Personal Information, but we may use it in association with Personal Information, and we may aggregate, analyze and evaluate such Log Data for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

Like many websites, we use “Cookies”, a small data file that we transfer to your computer’s hard disk for record-keeping purposes, to collect information. We use Cookies for two purposes. First, we utilize persistent Cookies to save your registration ID and login password for future logins to the Site and to track your compliance with our marketplace policies. Second, we utilize session ID Cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Upside Talent Users and web traffic routing on the Site. Unlike persistent Cookies, session Cookies are deleted from your computer when you log off from the Site and Platform and then close your browser. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you may not be able to use all portions of the Site or all functionality of the Platform.

No PHI

While Upside Talent takes security and privacy very seriously, Upside Talent is not a HIPAA Business Associate and the Upside Talent Platform is not HIPAA-compliant and should not be used to store any protected health information (“PHI”). You agree that you will not upload or store any documents containing PHI. To do so would be a violation of our Terms of Service.

Phishing

Identity theft and the practice currently known as “phishing” are of great concern to Upside Talent. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. We suggest advise you not to respond to and to promptly report any email or telephone communication purporting to be from Upside Talent in which such information is collected. For more information about phishing, visit the Federal Trade Commission’s website.

Contractor Profiles

If you choose to use the Platform as a Contractor, you will be able to create a profile, which will be publicly viewable via the Platform. Such profile information may include, but not limited to, profile picture, name, location, information on jobs previously performed via the Platform and outside the Platform, skills, tests taken, hourly pay rates and feedback/rating information. You may edit your Contractor profile via your account.

Jobs

If you choose to post a job listing via the Platform as a Client, the contents of such job listing will be viewable via the Platform. Job listings may include information such as budget, location, history of job listing by the Client, Client feedback and rating information and timing of job performance. If you choose to apply for a job as a Contractor via the Platform, we will share with the applicable Client information related to your application, including, but not limited to, the information contained in your Client profile.

Feedback

We collect feedback from users about their experience with other users of the Platform. Please note that any User feedback provided via the Platform will be publicly viewable via the Platform.

Compliance With Laws and Law Enforcement

Upside Talent cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Upside Talent or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Changing or Deleting Your Information

All registered users may review, update, correct or delete the Personal Information in their registration profile by contacting us or by making edits via their accounts. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at info@upsidetalent.com. If you have a Contractor or Client profile on the Platform, you may update the information stored in your profile by logging in to your account. We will use commercially reasonable efforts to honor your request; however, your Personal Information may remain in our archives. We may retain an archived copy of your records as required by law or for legitimate business purposes. Please bear in mind that neither you nor Upside Talent can delete all copies of information that has been previously shared with others on the Site.

Security

Upside Talent is very concerned with safeguarding your Personal Information. The security of such Personal Information is important to us. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems. When you use the Platform to share Work Product and Personal Information, that Work Product and Personal Information will be made available to the Users with whom you agree to share such information. These Users, and not Upside Talent will be responsible for the privacy and security of your Work Product and Personal Information in accordance with the terms of any arrangement, including, without limitation, any non-disclosure agreement entered into with these other Users.

International Transfer

Your information may be transferred outside of the jurisdiction in which you reside and may be stored or otherwise maintained on — information systems and devices located in jurisdictions where the privacy laws differ from and in some cases may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Upside Talent transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer and your acknowledgement and acceptance of the fact that the treatment of such information will governed by the applicable laws of the United States.

Links to Other Sites

Our Site contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. 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 encourage you to read the privacy policies or statements of the other websites you visit.

Children

This Site is not directed to persons under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at info@upsidetalent.com. If we become aware that a child under 13 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us by email at info@upsidetalent.com.