UpTo Privacy Policy

PLEASE READ THE FOLLOWING CAREFULLY.

UpTo Inc. ("We," "Us," or "Our") is the producer of the UpTo mobile application. Your privacy is important to us, and we are committed to protecting it. We know that when you use our Services, you are trusting us with your personal information. We take that responsibility seriously and want you to feel confident that we handle your information with care. This Privacy Policy explains how we collect, use, share, and safeguard information about you when you use the Platform, our website, and related services. By choosing to use the Services, you acknowledge and consent to the practices described in this Privacy Policy.

1. Definitions & Scope

For purposes of this Privacy Policy:

1. a. "Platform" means the mobile application.
2. b. "Services" means the Platform, our websites, mobile applications, and all related offerings.
3. c. "Organizer" means any person or entity using the Services to create, manage, or promote events.
4. d. "Consumer" means any individual using the Services to register for or attend events.
5. e. "Personal Information" means any information that identifies, relates to, or could reasonably be linked with an individual.

This Privacy Policy applies to all Services We provide, whether accessed online, through mobile applications, or through integrations with third-party websites or services. If You access third-party sites or services in connection with Our Platform, their privacy practices will govern those interactions.

2. Role of UpTo vs. Event Organizers

We sometimes collect and process Personal Information on our own behalf (for example, when you create an account with Us or interact directly with the Platform). We also collect and process Personal Information on behalf of Event Organizers who use the Platform to manage their events. In those situations, the Event Organizer is the primary controller of Your Personal Information, and their privacy policy will govern how it is used. We act only as a service provider/processor, following the Organizer's instructions, and do not use this information for Our own purposes. We also limit retention of such information to what is necessary to deliver the Services and comply with legal obligations.

3. Information We Collect

We collect the following categories of information:

1. a. Information You Provide to Us:
   1. i. Registration data (name, email address, phone number, date of birth, gender, location).
   2. ii. Profile content (photos, bios, interests, preferences).
   3. iii. Communications (messages You send through the Platform, event RSVPs, support inquiries).
2. b. Information We Collect Automatically:
   1. i. Device information (Internet Protocol (IP) address, operating system, device ID, browser type).
   2. ii. Usage data (log files, clickstream, pages viewed, features used).
   3. iii. Location data (approximate or precise, depending on Your settings).
   4. iv. Cookies, pixels, and similar technologies (to personalize and improve the service).
3. c. Information from Third Parties:
   1. i. Event organizers, partners, or service providers (e.g., ticketing/payment processors).
   2. ii. Social media platforms or single sign-on services, if You link accounts.

We may also receive information about You from third-party sources—such as payment processors, financial institutions, verification providers, or social media integrations—and may combine this with other information We maintain about You.

When you register for or purchase a ticket to an event through the Platform, You may provide payment information (such as credit card number, billing address, or other payment details). In addition, Event Organizers may design their own registration pages and request additional information from You (for example, dietary preferences, demographic data, or other personal details). We are not responsible for, and disclaim any liability arising from, the information an Organizer chooses to request or how that Organizer uses such information.

If you are an Event Organizer, production company, or other partner, we may collect additional information necessary to provide our services, such as financial and tax details (including bank account information, taxpayer identification numbers, or payout information). We may also use SMS, email, or other verification methods to confirm your identity and help prevent fraud.

If you engage with our team as a potential business partner, sponsor, or Organizer, we may collect your professional contact information (such as name, email, phone number, and organization). On rare occasions, and only with advance notice and Your consent, we may record audio or video calls for quality assurance or training.

Employment application information (cover letters, resumés, related communications if You apply to work for Us).

4. Sensitive Personal Information

Some of the information You provide or that We collect may be considered "sensitive" under any applicable privacy laws (for example, details about Your gender identity, sexual orientation, or precise geolocation). We will not use or disclose sensitive personal information for purposes beyond those permitted by law, including targeted advertising or profiling, without Your explicit consent.

5. How We Use Information

We use information for the following purposes:

1. a. To provide, operate, and improve the Platform.
2. b. To create and manage Your account and profile.
3. c. To process payments and manage subscriptions.
4. d. To connect You with other users and event organizers.
5. e. To recommend matches, events, or content based on Your profile and activity.
6. f. To communicate with You (including service messages, updates, and marketing communications, subject to opt-out rights).
7. g. To provide customer support, including responding to questions, requests, or feedback.
8. h. To use de-identified or aggregated information for analytics, research, and other business purposes.
9. i. To detect, prevent, and address fraud, abuse, and security issues.
10. j. To comply with legal obligations and enforce Our Platform Terms and Conditions.

We do not use automated decision-making, including profiling, to make legal or financial determinations about You (such as creditworthiness or eligibility for services). Any personalization or recommendations on the Platform are limited to content, matches, or events and may be opted out of through Your account settings.

6. Legal Bases for Processing (International Users)

If You reside in the European Economic Area (EEA), the United Kingdom, or other jurisdictions with similar data protection laws, We process Your Personal Information only when We have a legal basis to do so. These include:

1. a. Consent - (for example, when You opt in to marketing).
2. b. Contract necessity - (when processing is needed to perform Our agreement with You).
3. c. Legal obligations - (to comply with laws or regulatory requirements).
4. d. Legitimate interests - (to improve Services, prevent fraud, or protect safety, provided these interests are not overridden by Your rights).

7. How We Share Information

We may share information as follows:

1. a. With Other Users – Information in Your profile (such as name, photo, and interests) will be visible to other users. Messages You send are shared with their recipients.
2. b. With Event Organizers – If You RSVP or purchase tickets, we may share Your name and contact details with the event organizer.
3. c. With Affiliates – We may share information with Our affiliates and subsidiaries for the purposes described in this Policy.
4. d. With Service Providers – Payment processors, hosting services, analytics providers, and customer support vendors.
5. e. With Advertising & Marketing Partners – If We work with third-party advertising or marketing partners, they may collect or receive information about Your use of the Platform (and, in some cases, other websites or apps) to provide analytics, targeted advertising, or promotional services.
6. f. Legal Requirements & Law Enforcement – We may access, preserve, or disclose Your Personal Information if We believe it is reasonably necessary to:
   1. i. Comply with laws, regulations, valid legal processes, or government requests (such as subpoenas, court orders, or search warrants). Where permitted by law, We will make reasonable efforts to notify You before disclosing Your information so that You may seek legal remedies.
   2. ii. Respond to Your requests.
   3. iii. Enforce Our Terms and policies.
   4. iv. Protect the rights, property, or safety of You, Us, other users, or the public.
   5. v. Address fraud, security, or technical issues.
7. g. In Business Transfers – As part of a merger, acquisition, or sale of assets.
8. h. With Consent – When You direct Us to share Your information.

We may disclose information without prior notice if required by law or if We determine that such disclosure is necessary to protect safety, prevent harm, or comply with urgent legal or security obligations.

We do not sell Your personal information. Certain state privacy laws, including the California Consumer Privacy Rights Act ("CPRA"), define "sharing" to mean disclosing personal information to third parties for cross-context behavioral or targeted advertising. We do not engage in this type of sharing. If Our practices change, We will update this Policy and provide You with any rights or choices required by applicable law, including the ability to opt out.

8. Your Rights & Choices

1. a. Profile Settings – You can update or delete information in Your account at any time.
2. b. Location Services – You can disable location sharing via device settings, though some features may not function properly.
3. c. Marketing Communications – You may opt out of promotional emails by following the unsubscribe instructions.
4. d. Cookies – You can adjust browser settings to refuse cookies, but this may affect service functionality.
5. e. Access, Correction & Deletion – You may request access to, correction of, or deletion of Your personal information at any time by contacting Us at legal@heyupto.com.
6. f. Targeted Advertising & Profiling – Depending on the jurisdiction where You reside, You may have the right to opt out of Our processing of Your personal information for targeted advertising or certain types of automated profiling. To exercise this right, please contact Us at legal@heyupto.com or use the opt-out tools available in the Platform settings.
7. g. Appeal Rights – If You are a resident of California, Virginia, Colorado, or another state that grants a statutory right to appeal, and if You believe We denied Your privacy rights, then You may appeal Our decision by contacting Us at legal@heyupto.com. If Your appeal is denied, You may also contact Your state Attorney General as permitted under applicable law.

9. Data Retention & Deletion

We retain Personal Information only for as long as reasonably necessary to fulfill the purposes described in this Policy, including providing Services, complying with legal obligations, resolving disputes, and enforcing agreements. For example:

1. a. Account data - retained while Your account is active.
2. b. Transaction & payment records - retained as required by tax and accounting laws.
3. c. Marketing preferences - retained until You opt out or request deletion.

We also consider the volume, nature, and sensitivity of the data, the potential risk of harm, and applicable legal requirements in determining retention periods. You may request deletion of Your account and associated personal information at any time by contacting Us at legal@heyupto.com.

10. Security

We use reasonable administrative, technical, and physical safeguards to protect Your information. However, no method of storage or transmission is 100% secure, and we cannot guarantee absolute security.

11. Security Breach Notification

While We take reasonable measures to safeguard Your Personal Information, no method of transmission or storage is completely secure. If We discover a data breach or unauthorized access that compromises the security of Your Personal Information, We will notify You and any applicable regulators as required by law. Notification may occur by email, in-app message, or other lawful means. We may delay notice if law enforcement determines that immediate notification would impede an investigation or jeopardize national security. Some Services rely on third-party providers (for example, payment processors or hosting services). If such a provider experiences a breach affecting Your Personal Information, We will work with them to ensure You are notified in accordance with applicable laws and contractual commitments.

12. Cookies & Tracking Technologies

We use cookies, pixel tags, local storage, and similar technologies to operate and improve the Platform, analyze usage, personalize content, and support advertising. Some of these technologies are essential; others are optional and may be considered a "sale" or "sharing" of personal information under certain state privacy laws. You can manage your preferences through browser settings, in-app privacy controls (where available), or by following the opt-out instructions in the "Your Rights & Choices" section of this Policy. Where legally required, We will also provide a cookie banner or consent tool to manage Your choices.

13. Privacy of Minors

The Services are not intended for individuals under 18. We do not knowingly collect information from anyone under 18. If We become aware that We have collected such information, We will delete it as soon as reasonably practicable unless We are legally required to retain it. If You are a parent or guardian and believe Your child has provided personal information to Us, You may contact Us at legal@heyupto.com, and We will take steps to delete that information in accordance with applicable law.

14. State Privacy Rights

Depending on Your state of residence, You may have additional rights under applicable privacy laws (e.g., California Consumer Privacy Act (CCPA/CPRA), Virginia Consumer Data Protection Act, Colorado Privacy Act). These may include the right to:

1. a. Know what personal information We collect and how We use it.
2. b. Request access to and deletion of Your personal information.
3. c. Opt out of certain data uses.

To exercise these rights, please contact Us at legal@heyupto.com. We will not discriminate against You for exercising Your privacy rights.

15. Additional Rights for International Users

If You reside in the EEA, UK, or other jurisdictions with similar laws, You may also have the right to:

1. a. Request the transfer of Your Personal Information to another controller ("data portability").
2. b. Restrict or object to certain processing, including processing for direct marketing.
3. c. Withdraw consent where processing is based on consent.
4. d. Lodge a complaint with a supervisory authority or data protection regulator.

16. Non-Discrimination

We will not discriminate against You for exercising any of Your privacy rights under applicable law, including by denying services, charging different prices, or providing a different level or quality of service.

17. Third-Party Links & Services

The Platform may contain links to third-party websites or services. We are not responsible for their privacy practices. Please review their policies directly.

18. International Data Transfers & Safeguards

The Services are operated in the United States. If You access the Services from outside the U.S., Your information may be transferred, stored, and processed in the U.S. and other countries. Where required by law, We use approved safeguards such as Standard Contractual Clauses or adequacy decisions to lawfully transfer Your Personal Information across borders.

19. Changes to This Policy

We may update this Privacy Policy from time to time. When We do, We will revise the "Last Updated" date. If changes are material, We will provide additional notice (such as by email or an in-app alert).

20. Contact Us

If You have questions or concerns about this Privacy Policy or Our practices, You can contact Us at:

If You are located in the EEA or UK, You may also contact Our Data Protection Officer (DPO) at legal@heyupto.com.