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UpFade Privacy Policy

Effective date: March 2015

Welcome to UpFade ("UpFade," "we," "us" or "our"). Our Privacy Policy explains how we and some of the companies we work with collect, use, share and protect information in relation to our mobile services, web site, and any software provided on or in connection with UpFade services (collectively, the "Service"), and your choices about the collection and use of your information. By using our Service, you understand and agree that we are providing a platform for you to post content, including photos, videos, comments and other materials ("User Content"), to the Service and to share User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy and our Terms of Service (which can be found at www.UpFade.com/Terms). Our Policy applies to all visitors, users, and others who access the Service ("Users").

Click on the links below to jump to each section of this Policy:

1. Information We Collect
2. How We Use Your Information
3. Sharing of Your Information
4. How We Store Your Information
5. Your Choices About Your Information
6. Children’s Privacy
7. Other Websites and Services
8. How to Contact Us
9. Changes to Our Privacy Policy
10. Cookies

1. INFORMATION WE COLLECT

We collect the following types of information.

Information you provide us directly:

  • Your username, password and e-mail address when you register for an UpFade account.
  • Profile information that you provide for your user profile. This information allows you to be identified on UpFade.
  • User Content (eg: photos, videos, comments, and other materials) that you post to the Service.
  • Communications between you and UpFade. For example, we may send you Service-related emails (eg: account verification, changes/updates to features of the Service, security notices). Note that you may not opt out of Service-related e-mails.

Analytics information:

  • We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

Cookies and similar technologies:

  • When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use UpFade and provide features to you.
  • We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party.
  • More information is available in our About Cookies section below.

Log file information:

  • Log file information is automatically reported by your browser each time you make a request to access (ie: visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
  • When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Device identifiers:

  • When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by UpFade.
  • A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Metadata:

  • Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
  • Users may have Metadata added to their User Content including a geotag (e.g., to enable the Service to find you items in your geographic area). This makes your User Content more interactive. If this occurs,

2. HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

  • help you efficiently access your information after you sign in;
  • remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
  • provide personalized content and information to you and others, which could include online ads or other forms of marketing;
  • provide, improve, test, and monitor the effectiveness of our Service;
  • develop and test new products and features;
  • monitor metrics such as total number of visitors, traffic, and demographic patterns;
  • diagnose or fix technology problems;
  • automatically update the UpFade application on your device;
  • UpFade may run contests, special offers or other events or activities ("Events") on the Service. If you do not want to participate in an Event, you can opt out or modify your privacy settings.

3. SHARING OF YOUR INFORMATION

We will not rent or sell your information to third parties outside of UpFade (or the group of companies of which UpFade is a part of) without your consent, except as noted in this Policy.

Parties with whom we may share your information:

  • We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that UpFade is a part of, or that become part of that group ("Affiliates"). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates' own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your photos.
  • We may also share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
  • We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
  • We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Parties with whom you may choose to share your User Content:

  • Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.
  • Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users and subject to use under our UpFade API. The use of the UpFade API is subject to the API Terms of Service (at www.UpFade.com/APIterms) which incorporates the terms of this Privacy Policy.
  • If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties using the UpFade API have copied or saved that information.

What happens in the event of a change of control:

  • If we sell or otherwise transfer part or the whole of UpFade or our assets to another organization (eg: in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

Responding to legal requests and preventing harm:

  • We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of Australia where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

4. HOW WE STORE YOUR INFORMATION

  • Your information collected through the Service may be stored and processed in Australia or any other country in which UpFade, its Affiliates or Service Providers maintain facilities.
  • UpFade, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from Australian law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
  • By registering for and using the Service you consent to the transfer of information to Australia or to any other country in which UpFade, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
  • We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, UpFade cannot ensure the security of any information you transmit to UpFade or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
  • Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and UpFade, at all times. Your privacy settings may also be affected by changes the social media services you connect to UpFade make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

5. YOUR CHOICES ABOUT YOUR INFORMATION

Your account information and profile/privacy settings:

  • Update your account at any time by logging in and changing your profile settings.
  • Unsubscribe from email communications from us by clicking on the "unsubscribe link" provided in such communications. As noted above, you may not opt out of Service-related communications (eg: account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).

How long we keep your User Content:

  • Following termination or deactivation of your account, UpFade, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.

6. CHILDREN'S PRIVACY

UpFade does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at contact@UpFade.com.

7. OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third- parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

8. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us at contact@UpFade.com.

9. CHANGES TO OUR PRIVACY POLICY

UpFade may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of UpFade or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

10. COOKIES

What are cookies?

Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identifies your browser or device. We may use technologies like cookies, pixels and local storage to deliver, secure, and understand products, services, and ads.

What are cookies used for?

Cookies and other technologies allow a site or services to know if your computer or device has visited it before. These technologies can then be used to deliver products, services, and ads, help us understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your experience in using our services. Cookies can also help ensure marketing you see online is more relevant to you and your interests.

Why does UpFade use cookies and similar technologies?

We use cookies, pixels, local storage, and similar technologies to show you relevant content, improve your experience, and help protect UpFade and our users. We may use these technologies to deliver the service, provide you with a service that is easy to use, enables you to move around the Service and use its features, such as accessing secure areas, and store information so that UpFade responds faster. We may use these technologies to collect information about how you use the Service, for example which pages you go to most often and if you get error messages from certain pages. We may use these technologies to allow us to remember choices you make (such as your user name, language or the region you're in) and tailor the Service to provide enhanced features and content for you. These cookies can also be used to remember changes you've made to text size, font and other parts of pages that you can customize. UpFade or our advertising partners may use these technologies to deliver advertising that is relevant to your interests. These technologies can remember that your device has visited a site or service, and may also be able to track your device's browsing activity on other sites or services other than UpFade. This information may be shared with organizations outside UpFade, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign. We may use these technologies to understand, improve, and research products and services.

How long will cookies stay on my device?

The length of time a cookie will stay on your computer or mobile device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.

First and third party cookies

First-party cookies are cookies that belong to UpFade, third-party cookies are cookies that another party places on your device through our Service. Third-party cookies may be placed on your device by someone providing a service for UpFade, for example to help us understand how our service is being used. Third-party cookies may also be placed on your device by our business partners so that they can use them to advertise products and services to you elsewhere on the Internet.

How to control cookies or other collection mechanisms

Follow the instructions provided by your website or mobile browser (usually located within the "Help", "Tools" or "Edit" facility) to modify your cookie settings. Please note that if you set your browser to disable cookies or other technologies, you may not be able to access certain parts of our Service and other parts of our Service may not work properly.

To learn more about the choices that advertisers provide generally for individuals to influence how information about their online activities over time and across third-party Web sites or online services is collected and used, visit the Network Advertising Initiative at http://www.networkadvertising.org/managing/opt_out.asp, the Digital Advertising at http://www.aboutads.info/, or the European Digital Advertising at http://youronlinechoices.eu/.