Privacy Policy
Last Updated: September 26, 2023
Privacy Introduction
This Privacy Policy (this "Policy") describes the collection, use, and disclosure of personal information by UpCatch, LLC, a California Limited Liability Company ("UpCatch," "we ," or "us") from users of our website at www.UpCatch.io, including any subdomains thereof, and any other websites thought which UpCatch makes it services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “UpCatch Services”). The Site, Application, and UpCatch Services together hereinafter are collectively referred to as the “UpCatch Platform” or simply, the “Platform”.
Notice Concerning Children & Use Under Age of 13
We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user is under age 13, we will promptly delete any information collected from such user (including all Personal Information, as is defined below). You acknowledge and represent that by using the Platform you are at least 13 years of age. If you are not at least 13 years of age, please discontinue your use of the Platform immediately. We encourage parents and guardians of any user or visitor between ages 13 and 18 years to take an active role in their minor’s online activities.
Agreement to Privacy Policy and Terms of Service.
All activities which you engage in and on the UpCatch Platform are completely voluntary. By using the UpCatch Platform, you consent to the collection, use, and disclosure of personal information in accordance with this Policy. If you are using the UpCatch Platform on behalf of your employer, you represent that you are authorized to accept this Policy on your employer’s behalf. This Policy is incorporated into and subject to the provisions of the UpCatch Terms of Service found at www.UpCatch.io/terms. Any terms that are not defined in this Policy shall have the meaning as defined and set forth in the Terms of Service. If you do not agree with the terms of this Policy or our Terms of Service, please immediately exit and discontinue your use of the UpCatch Platform.
Information Collection
Data We Collect and Store
We collect personal information about you when you volunteer this information or choose to use certain features of the Platform. While we do not require that you provide us with any personal information, in order to access the UpCatch Platform Services, you may be asked to provide such information that can identify you as an Individual (“Personal Information or Personally Identifiable Information”).
Data We Collect for Main Service Functions
We receive and store any information you knowingly provide to us. When you create a new account to use the Services, you will grant us access to connect your Google account to your new UpCatch account (using Google’s OAuth authentication method), thereby providing us with access to your Google account, including but not limited to emails, contacts, calendar, and any other information described. Although the OAuth authentication provides broad access to your Google account, UpCatch accesses and stores a subset of data from your Google account, including name and email address to provide you with our Services.
After indicating that you would like to follow-up on an email, we temporarily store the content of your email message and associated metadata to determine which email thread you would like follow ups sent on. UpCatch retains associated metadata (recipients, subject line) of the email you’d like to follow up on when you use the Platform.
In keeping with standard online privacy practices, Users should not include any highly sensitive information (such as social security numbers, financial information, or “protected health information” (as that term is defined by the Health Insurance Portability & Accountability Act)) in any emails so that such data does not transfer to our servers (even if only temporarily).
UpCatch Google Integration
UpCatch users can use Google integration features that require UpCatch to access limited information from the Google account they provide. When these features are accessed by users and administrators, UpCatch displays a message allowing the user to review the information that will be collected, including a link to this privacy policy, so they can choose to allow that access or cancel. The following list gives details of each UpCatch Google integration feature, and if that feature is used, the corresponding data collected and its purpose.
Modify drafts: We request the OAuth scope of Manage drafts and send emails. This feature allows us to add the UpCatch-provided bcc addresses to emails you’d like to follow up on. This helps us capture the information we need to identify which threads you’d like follow ups sent for
View emails: We request the OAuth scope of View your email messages and settings. This feature allows us to 1) use data provided when emails are received that are sent to the UpCatch-provided bcc addresses to find thread information about the email you’d like to follow up on, 2) monitor incoming emails for responses from those you are following up on in order to unschedule future follow ups to those contacts and 3) search for the email you want to follow up on to gather that email body content data temporarily to generate the follow ups using a generative AI service
Send emails on your behalf: We request the OAuth scope of Send emails on your behalf. This feature allows us to send the follow up emails that we have generated and you approve.
Monitor new calendar events: We request the OAuth scopes of See, edit, share and permanently delete all the calendars you can access using Google Calendar and View and edit events on all calendars. These features allow us to identify the calendar you are using and then monitor new events booked on your calendar. We monitor for new events booked on your calendar so that we can unschedule future follow ups to contacts who are included in events booked on your calendar.
Intended Use of User's Google Data
The sole purpose of user's Google data is only for providing the relevant Services to our users. All the information is highly secured and encrypted databases at a very highly secured datacenter.
What about the Email Data stored within or accessed by the Platform?
Handling your email data: Upcatch interacts with the emails you share and your email service provider in the following ways:
Determine which emails to apply services to. When you send an email, Upcatch stores that email and unique identifying metadata such as time sent and recipients for further processing and monitoring.
To identify responses/meetings. Upcatch monitors emails and calendars to detect responses or bookings related to emails with scheduled follow ups in order to unschedule any unnecessary follow-ups. Upcatch does not access or read responses/meeting information or store any information about responses/meeting. It only identifies if a response/meeting related to a follow up was detected.
To generate follow-up emails. The content of the emails you want to follow up on using Upcatch are sent to our data processing engine in order to generate unique follow-up emails. All data is transferred through encrypted methods and used only for the purposes of generating the follow-up emails.
To send follow-up emails. Upcatch connects with your email service provider to send follow-up emails you have approved from your authorized email account.
AI-powered Functionality
Upcatch’s AI powered functionality feature is a service that uses artificial intelligence to help users compose new follow-up emails. When you use the Service, we may send email content from the selected email to the AI powered-service providers (such as OpenAI, Microsoft, Google Bard, etc).
This includes the body of the email.
Upcatch uses OpenAI’s artificial intelligence technology to help compose, respond, summarize emails and finding to dos or contact details.
By using our service, you acknowledge and agree that your email content and subject line may be shared with OpenAI to provide the service. OpenAI’s use of your data is subject to their own privacy policy, which you can review at https://openai.com/privacy-policy/.
Personal Information
"Personal Information" as used in this Policy, is information that specifically identifies an individual end user of the Platform, such as an individual's name, address, telephone number, or e-mail address, social media handles, and credit card and billing information.
Personal Information also includes information about an individual’s activities, such as information about his or her activity on our Platform, and demographic information, such as date of birth, gender, geographic area, and preferences, when any of this information is linked to Personal Information that identifies that individual.
Personal Information does not include "aggregate" or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information, and other non-personally identifiable information, for various purposes including, but not limited to, industry analysis, improvement of our Services or to market our Services to customers.
Collection of Voluntarily Provided Information
We collect Personal Information that our users provide to us in a variety of ways on our Platform, including:
E-mail Newsletter Sign-Ups. We may offer e-mail newsletters with announcements and information about UpCatch from time to time. If you sign up to receive a newsletter from us, we may collect your name and e-mail address.
User Account Profiles. Our Platform or third parties may give you the ability to download UpCatch software, register for an UpCatch account or an opportunity to create and update a User profile on the Platform. If we offer such functionality on the Platform, we will collect the Personal Information that you provide to us in the course of using that functionality. This information may include, for example, your name, contact information, and system information, as well as information about your interests, preferences and future needs. We may indicate that some personal information is required for you to download our software, register for the account or to create the profile, while some is optional. To the extent that your user profile is public, we will share your Personal Information in your user profile with others Members on the Platform.
Social Media Integrated Services. You may be given the option to access or register for the Platform through the use of your user name and passwords for certain services provided by third parties (each an "Integrated Service"), such as through the use of your Facebook credentials through Facebook Connect or through Google. By doing this, you authorize us to access and store the credentials you provide, your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. If there is information about your "friends" or people with whom you are associated in your Integrated Service, we may obtain information about those people (depending on the privacy settings such people have with the applicable Integrated Service). You should check your Facebook, Google or other Integrated Service privacy settings to understand and change the information sent to us through Facebook Connect or other Integrated Service. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.
Correspondence. If you contact us by e-mail, using a contact form on the Platform, we collect the Personal Information contained within, and associated with, your correspondence. We use this Personal Information to respond to your correspondence. We may also use your correspondence to improve the Platform.
Promotions. We or our advertisers and other business partners may conduct or sponsor special contests, sweepstakes, and other promotions that users may enter or otherwise participate in on our Platform. Certain of these promotions may be co-branded with one of our advertisers or other business partners. In these instances, the collection of your Personal Information may occur directly by the third-party partner on its website or other online service and may be shared with us. The promotion will state the privacy policy or policies governing the collection of such personal information.
Passive Information Collection
When you use our Platform, some information is collected automatically. For example, when you access the UpCatch Platform, we automatically collect certain information, which may include your browser’s Internet Protocol (IP) address, your browser type, the nature of the device from which you are visiting the Platform (e.g., a personal computer or a mobile device), the identifier for any handheld or mobile device that you may be using, the website address that you visited immediately prior to accessing any of our websites addresses, the actions you take on our Platform, and the content, features, and activities that you access and participate in on our Platform.
We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as "Web beacons").
We use passively-collected information to administer, operate, and improve the Platform and our other services and systems, to improve the effectiveness of advertising on our Platform, and to provide advertisements and other content that is tailored to you.
If we link or associate any information gathered through passive means with Personal Information, or if applicable laws require us to treat any information gathered through passive means as Personal Information, we treat the combined information as Personal Information under this Policy.
Otherwise, we use and disclose information collected by passive means in aggregate form or otherwise in a non-personally identifiable form.
A “cookie” is a small data file that is transferred to your computer or device for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your browser information for future visits to the Site and Application. Second, we utilize session ID cookies to enable certain features of the Site and Application, to better understand how you interact with our Platform and to monitor aggregate usage by users and web traffic routing on the Site and Application. Unlike persistent cookies, session cookies are deleted from your computer when you end your browser session from the Site and Application. 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 and Application or all functionality of the Platform. Also, please be aware that third parties, such as companies displaying advertisements on the Platform, or sites or services provided by third parties ("Third-Party Sites") that may be linked to or from the Platform, may set cookies on your hard drive or use other means of passively collecting information about your use of their services, Third-Party Sites or content. We do not have access to, or control over, these third-party means of passive data collection.
Information from Other Sources
We may receive information about you, including Personal Information, from third parties (e.g., opt-in lists where you have requested information about UpCatch or the Platform while visiting a Third-Party Site). We may combine this information with other Personal Information we maintain about you. If we do so, this Policy governs any combined information that we maintain in personally identifiable format.
Use of Personal Information
Facilitation of UpCatch Services and Use of Platform
We use Personal Information to provide the UpCatch Services provided by the UpCatch Platform, as well as for the other services and information that you request. We also use your Personal Information to enhance, improve, operate, analyze and maintain the UpCatch Platform and other systems (e.g., to troubleshoot problems); to prevent fraudulent use of our Platform and other systems; to prevent or take action against activities that are, or may be, in violation of our Terms of Service, Additional UpCatch Policies, or applicable law; to tailor advertisements, content, and other aspects of your experience on and in connection with the Platform; to maintain a record of our dealings with you; for other administrative purposes (e.g., contacting you regarding administrative information or notices); to resolve disputes and enforce our agreements with you; and for any other purposes that we may disclose to you at the point at which we request your Personal Information, and pursuant to your consent.
We may also use Personal Information you provide to contact you regarding products, services, and offers (including Listings, Host Services, and Experiences), both from ourselves, and from third parties, that we believe you may find of interest.
Disclosure of Personal Information
Except as described in this Policy, we will not disclose your Personal Information that we collect on the Platform to third parties without your consent. We may disclose your Personal Information to third parties if you consent to us doing so, as well as in the following circumstances:
Payment Processors: We currently use Paypal and Stripe to process payments for us. Your payment information is retained by Stripe. We store a small amount of data needed to match your user account in our database to an account in Stripe, but do not store your credit or banking information. We may change or add other payment processors in the future and your information could be shared or transferred between processors.
Service Providers: We may disclose Personal Information to third-party service providers (e.g., data storage and processing facility vendors, web analytics, and fraud detection services) that assist us in our work. We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.
Third Party Disclosure: Some features on the Platform may allow you to upload, post, or otherwise transmit User Content to third parties. We cannot warrant or guarantee that any Personal Information that you provide on and in connection with the Service will not be accessed, viewed, or used by such third parties or any other unauthorized persons.
Upon a Business Transfer: Information about our Users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.
For Legal Purposes & To Protect Our Interests: we also disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Platform and other users of the Platform.
Event and Conference Sponsors: We may share your Personal Information with third parties that sponsor UpCatch events or conferences. Otherwise, UpCatch does not offer or allow the sale of any of your Personal Information to third parties.
Google API Services - Limited Use requirements
UpCatch use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements. Information received from Google API Services are used only for the purpose of the safe and secure operation of the Platform and follow and adhere strictly to the guidelines of Google API Services User Data Policy.
Your Google User Data
Notwithstanding anything else in this Privacy Policy, if you provide UpCatch access to the following types of your Google data, the App’s use of that data will be subject to these additional restrictions:
Upcatch will use access to read, write, modify or control Gmail messages and read Calendar events to provide its features of follow-ups. UpCatch will not store any Gmail data besides metadata (message identifiers) to its own servers or others unless doing so is necessary to comply with applicable law.
Upcatch will not use this Gmail data for serving direct advertisements.
Upcatch will not allow humans to read Gmail user data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for Upcatch internal operations and even then only when the data has been aggregated and anonymized.
FEDERAL REGULATION COMPLIANCE
You are responsible for complying with the CAN-SPAM federal regulation. You are also responsible for supplying an Unsubscribe link in the event that your email is required to under the Federal CAN-SPAM regulation.
Referral Program
If you choose to use our referral service to refer our Platform to a friend, we will ask you for your friend’s email address. We will automatically send your friend emails (including reminders) inviting him or her to visit and join our Platform. We store this information for the sole purpose of sending email invitations to your friend (including subsequent reminders). Your friend may contact us at support@UpCatch.io to request that we remove this information from our database.
You Have Choices
If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail at support@UpCatch.io
Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to ten business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding use of the Platform.
We do not track users across websites or applications operated by third parties and therefore do not use or respond to "do not track" signals in your web browser.
We may participate in behavioral-based advertising. This means that a third party may place a cookie on your browser, or use a web beacon, to collect information about your use of our Platform so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on our Site, Platform, and/or on other websites. If you would like to opt-out from having any behavioral-based advertising companies with whom we may have a relationship from using your information for advertising purposes please contact us at privacy@UpCatch.io and we will provide you with the names of the companies we currently have a relationship with (if any). You can also disable Google specific cookies that track prior visits for follow-up advertising by opting out at https://policies.google.com/technologies/ads.
Access and Updates To Your Personal Information
You may access and update many categories of Personal Information that you provide to us in your account and profiles by logging in to your UpCatch Account and accessing your account settings. If you wish to access, amend or delete any other Personal Information we hold about you, you may contact us at support@UpCatch.io or by the other methods described under "Contacting Us" below.
If you request that we delete your account on the Platform (via a user settings Account page, by e-mail, or otherwise), we will do so within a reasonable period of time, but we may need to retain some of your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so. Please note that any Reviews or Rating you have posted via the Platform may remain publicly viewable, at our option.
Links To Other Websites and Services
The Platform may contain links to other websites, platforms, products, or services that we do not own or operate. For example, the Platform may contain links to Third-Party Sites such as social networking services. If you choose to visit or use any Third-Party Sites or products or services available on or through such Third-Party Sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those Third-Party Sites or any products or services available on or through such Third-Party Sites.
We are not responsible for the privacy practices of these Third-Party Sites or any products or services on or through them. Additionally, please be aware that the Platform may contain links to websites and services that we operate but that are governed by different privacy policies. We encourage you to carefully review the privacy policies applicable to any website or service you visit other than the Platform before providing any Personal Information on them
Children’s Personal Information
Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. The UpCatch Platform is not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If we learn that we have collected Personal Information from a child under the age of 13 on our Service, we will delete that information as quickly as possible. If you believe that we may have collected any such Personal Information on our Platform, please notify us at support@UpCatch.io.
Data Centers and International Visitors
Personal information collected by Upcatch may be stored and processed in the United States or any other country in which Upcatch maintains facilities. By using Upcatch, you consent to any such transfer of information outside of your country. If you choose to use the Platform from outside the U.S., then you should know that you may be transferring your Personal Information outside of your region and into the U.S. or any other country for storage and processing. By providing your Personal Information to us through your use of the Service, you agree to that transfer, storage, and processing in the U.S. or any other location where Upcatch maintains facilities or third party data and service centers. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.
Security
We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk. Always select a password that is unlikely to be available or discovered by others, and never disclose your password to any third parties. You are responsible for all Personal Information submitted through your account or user profile and all actions taken through your account and user profile. Therefore, if your password has been compromised for any reason, you should immediately change your password.
California Resident Privacy Rights
Shine the Light Law
If you are a California resident, the California “Shine the Light” law (California Civil Code Section 1798.83) permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes.
You may make this request once per calendar year. To make such a request, please send an email to privacy@UpCatch.io.
Requesting a Copy, Updates, or Deletion of your Personal Information under the California Consumer Privacy Act (CCPA)
Consistent with applicable law, you may have certain rights in relation to certain personal information. In the case of California residents, under A.B. 375 this may include the right to (i) access the personal information we hold (except to the extent it may contain personal information of others who have not consented to disclosure to you or information that is legally privileged) in a “readily usable format”; (ii) request that we correct your personal information if that information is incorrect; and (iii) request erasure of the personal information that identifies you.
We only grant these rights to our California resident users and Members, to the extent we believe such laws are applicable to UpCatch.
Only in the instance we determine applicable law requires us to comply with the rights afforded to California residents under A.B. 375, shall the following apply:
You may request a copy of any Personal Information and other information about you held by UpCatch, or you may request that we update or remove your Personal Information or other information. There is no fee for this request. The request must contain the following: (1) Your name, email address, mailing address, or other personable identifiers you provided, so we can verify your identity; and (2) the specific details of your request (at the very least, indicating whether this is a request for deletion, or a request for a copy or update to certain information).
You may send your request via (1) email to support@UpCatch.io.
UpCatch shall strive to respond to these requests within 45 days, via email. If any request is particularly complicated or onerous, we may notify you of our need to extend the response time by another 45 days. In all cases however, UpCatch will handle all requests in accordance with applicable law. A user or Member may not make more than 2 requests in any 12 month period.
Managing Your Information
You may access and update some of your information through your Account settings. If you have chosen to connect your UpCatch Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the Platform by changing your Account settings or using your administrative tools in your Facebook, Google, or other account used to connect to the Platform. You are responsible for keeping your personal information up-to-date.
In some jurisdictions, applicable law may entitle you to request certain copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible). If the applicable law in your jurisdiction requires UpCatch to comply with such requests, we shall comply pursuant to applicable law.
We generally retain your Personal Information for as long as is necessary for the performance of the contract between you and us, and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely. If the applicable law in your jurisdiction requires UpCatch to comply with a request to delete your information entirely, we shall comply pursuant to applicable law.
Please note that if you request the deletion of your Personal Information and it is granted pursuant to applicable law, it still may be retained, but only in compliance with such laws, as follows:
(i) we may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an UpCatch Account for fraud or safety reasons, we may retain certain information from that UpCatch Account to prevent that Member from opening a new UpCatch Account in the future;
(ii) we may retain and use your Personal Information to the extent necessary to comply with our legal obligations. For example, UpCatch may keep some of your information for tax, legal reporting and auditing obligations;
(iii) information you have shared with others may continue to be publicly visible on their own storage devices or networks, even after your UpCatch Account is canceled or deleted. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers;
(iv) because we maintain the UpCatch Platform to protect from accidental or malicious loss and destruction, residual copies of your Personal Information may not be removed from our backup systems for a limited period of time.
Updates and Changes to this Privacy Policy
We may occasionally update this Policy. When we do, we will also revise the "last updated" date at the beginning of the Policy. Your continued use of our Platform after such changes will be subject to the then-current policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Information, we will use reasonable efforts to notify you of the change prior to applying the change to any Personal Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose Personal Information.
Contacting Us
If you have any questions or comments about this Policy, please contact us at privacy@UpCatch.io.