Last Modified: May 29, 2019
WHAT INFORMATION DO WE COLLECT?
We may collect and store information about you. The type of personal information we may collect include the following:
If you merely visit our Services or download our app: IP address, geolocation, network file system, browser data, browser type, device type, device ID, Uniform Resource Locators (URL), operating system, Media Access Control (MAC) address, screen resolution, device manufacturer and model, version of the Services (such as the app) you are using, app usage data, internet service provider, referring and exit pages, date/time stamp, clickstream data, language preferences, whether you access the Service from multiple devices, and other actions you take on the Sites (“General System Data”).
When you download and use our app, we and our service providers may in addition to the General System Data also track and collect app usage data, such as the date and time the app on your device accesses our servers and what information and files have been downloaded to the app based on your device number.
When you access our Service from a mobile device, we may in addition to the General System Data also collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, information on your usage of our Sites.
Apart from the automatically collected data as set out above, we may also process the following data:
• If you create your user account: Name, email address, phone number, password, Internet Protocol (IP) address, user name, and further content you provide such as your biography and profile picture.
• If you contact us (via our Services or via phone, email or letter), e.g. for an information or support request or any other inquiry: Email address, information on our communication with you and any additional information you provide us with.
• If you create user content: User name, your profile picture, email address, phone number, IP address, unique identification numbers associated with your device or our mobile application, and the content you provide.
• If you sign up to participate in Upcomer Prediction League, contests and similar promotions: Name, email address, information regarding the participation such as the information on your points and rewards. Some of these activities are subject to additional rules, which could contain additional information about how we use and disclose your personal information, so we suggest that you read those rules carefully.
• If you sign up for our newsletter: Name, email address, information on whether you are already a customer, marketing campaign information such as your reaction to our marketing, whether you open our marketing emails or click the links contained in these emails.
• If you connect to our Service from third party sites and other information obtained from third parties: We may receive personal information about you from third parties and combine it with information we collect through our Service. For example, we may obtain information from public databases; joint marketing partners; people with whom you are friends or otherwise connected on social media platforms; and when you log in through a third-party social network or authentication service, such as Facebook or Twitch. These third party social media services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, email address, address book and contacts, or other information. Our Service integrates with social sharing features and other related tools which let you share actions you take on our Service with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your business associates, friends or the public, depending on the settings you establish with the social sharing service. Similarly, when you interact with us through a third-party service, we may receive information from such third party service, including your user account information, picture, user ID associated with your account, and any other information you permit the third party service to share with third parties. The data we receive from these third-party sites is dependent upon that third party’s privacy policies and your privacy settings on that third-party site. You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Service.
• If you apply for jobs on our Website: If you choose to apply for job through the hiring page on our website, you also submit your name, email address, mailing address, phone number, information about your qualifications, including your resume, and other information that you choose to provide to us.
HOW DO WE COLLECT YOUR INFORMATION?
Your personal information is collected in many ways and may include:
• Personal information you provide to us directly: Personal information may be voluntarily submitted by you in the course of using our Services, such as when visiting our Sites, communicating with us or in the process of requesting and using our Service (e.g. if you create an account or participate in discussions).
In this respect you are free to choose which information you want to provide to us or whether you want to provide us with information at all. However, some information, such as your name, address, payment information and information on your requested Services may be necessary for the performance of our contractual obligations. Without providing this information, you will not be able to request or use certain Services or enter into a contract with us.
• Information we receive from third parties. From time to time, we may receive information about you from third parties and other users, for example if you choose to link, create, or log in to your Upcomer account with a third party service whose API we use (such as in case you log into your account by continuing to sign in via Facebook), we may receive information about you or your connections from that third party. We may also receive personal information from law enforcement agencies and marketing partners.
WHY AND ON WHICH LEGAL GROUNDS DO WE PROCESS YOUR PERSONAL DATA
The reasons for using your personal information may differ depending on the purpose of the collection. Regularly we use your information for the following purposes and on the following legal grounds. Please note that this notice on the legal grounds refers to the legal justifications under the European General Data Protection Regulation (“GDPR”) only.
• We use your information in order to perform our contractual services or in preparation for a contract with you. If you use our Services or if you contact us to request our Services, we use your information to provide to you the features and functionality of the Services. Information we use includes: information we need to contact you or otherwise communicate with you; information to manage your account; information to enable the usage of Services; information necessary for customer support.
• We use your information if justified by our legitimate interests. The usage of your information may also be necessary for our own business interests. For example, we may use your information to provide and improve our Services, develop new products and Services, analyse your use of the Services, communicate with you concerning the Services and personalise the Services, facilitate the social sharing functionality, allow you to send messages to other users through the Services, evaluate and review our business performance, determine the effectiveness of our promotional campaigns, identify usage trends, create financial statements, identify potential cyber security threats, conduct fraud prevention. If necessary we may also use your information in order to establish, exercise or defend our legal rights. We may also use your information for statistical and marketing purposes.
• To comply with legal obligations. In order to comply with regulations, laws or any authority requests, we may disclose your information to authorities or other officials and process your information according to applicable law (e.g. retain certain information according to tax or commercial laws).
We will only use your information for the purposes for which we have collected them. We will not use your information for other purposes unless you have been adequately informed about such change in the purpose.
We do not use your personal data for automated individual decision-making that produces legal effects or similarly significantly affect you.
We may use data in anonymized, aggregated form for statistical reporting purposes to government agencies or in response to surveys for college guides.
SHARING OF PERSONAL INFORMATION WITH THIRD PARTIES AND LEGAL BASIS
We may share your personal information with third parties in the instances as described below. The legal basis for such transfer of personal data according to the GDPR is set out in parenthesis.
We may share your personal information with:
• Our subsidiaries and affiliates: We share your personal information with Upcomer AB to enable them to support our Services (legitimate interest/commissioned data processing);
• Promotional partners: We share your personal information with third parties when you engage in certain activities through our Services that are sponsored by them, such electing to receive information or communications from a third party, or electing to participate in contests, games or other programs sponsored, in whole or in part, by a third party (legitimate interest/commissioned data processing);
• Service providers and advisors: We share your information with third party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, website hosting, data analysis, information technology and related infrastructure provision, recruitment services, customer service, handling of data processing, data verification, surveys, internal marketing, delivery of promotional, marketing and transaction materials, maintenance and security. These third parties include: Amazon Web Services, Inc. Any such service providers and advisors will be given limited access to personal information as it reasonably necessary for delivering its service and will, by appropriate data processing agreements, be bound to only process personal information on our behalf and under our instructions (commissioned data processing);
• Independent third party providers and advisors: We may share your information with third party provider and advisors where this is necessary to achieve out legitimate interests, such as conducting security audits, consult tax consultants and lawyers (legitimate interest).
• Purchasers and third parties in connection with a business transaction: We may disclose your information to third parties in connection with an Upcomer-related transaction, such as a merger, sale of Upcomer assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings (legitimate interest); and
• Law enforcement, regulators and other parties for legal reasons: We may disclose your personal information to third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Upcomer, our visitors, or others (legal obligation/ legitimate interest); and
• The General Public: We share information with the general public in cases you provide content about features of our Service to a public forum, such as participating in our discussions that is accessible by the general public (legitimate interest).
EU users’ specific rights and choices. If you are a resident in the European Union, you have the following rights in respect to your personal information that we hold:
• Right of access. The right to obtain access to your personal data.
• Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or in some circumstances incomplete.
• Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to restriction. The right to obtain restriction of the processing undertaken by us on your personal data in certain circumstances, such as, where the accuracy of the personal data is contested by you, for a period of time enabling us to verify the accuracy of that personal information.
• Right to portability. The right to portability allows you to move or have the personal data moved, copy or transfer personal data easily from one organization to another.
• RIGHT TO OBJECT: IN SOME CASES YOU HAVE THE RIGHT TO OBJECT TO ANY PROCESSING BASED ON OUR LEGITIMATE INTERESTS WHERE THERE ARE GROUNDS RELATING TO YOUR PARTICULAR SITUATION. FURTHERMORE YOU CAN OBJECT TO MARKETING ACTIVITIES FOR WHATEVER REASON WHATOSEVER AT ANY TIME.
If you wish to exercise one of these rights, please contact us using the contact details below.
You also have the right to lodge a complaint with any EU data protection authority. Further information about how to contact data protection authorities is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
COOKIES, TRACKING AND ANALYTICAL TOOLS
We, and our third-party partners listed below, automatically collect certain types of usage information when you use our Services. We collect this data through a variety of tracking technologies, including cookies, embedded scripts, file information, and similar technology (collectively, “tracking technologies”). Cookies are small text files which are placed on your device and store certain settings and data for exchange with our system via your browser. A cookie usually contains the name of the domain from which the cookie has been placed, as well as information about the age of the cookie and a random alphanumeric identifier, the so-called cookie-ID. Such data helps to recognize the device and makes any pre-settings immediately available. We may collect and store data locally on your device using mechanisms such as browser storage and application data caches. Data we collect includes the following: IP address, information on your web browser and operating system, information on your visits to the Services (such as length of visit, actions taken on the webpages/app), device type, device ID, URL, MAC address, clickstream data (please see information on automatically collected data under the section “What Information Do We Collect” above”).
We may collect analytics data or use third-party analytics tools to help us measure traffic and usage trends for the Services and the user’s accounts and to understand more about the demographics of our users and how to improve the Services.
We use the data collected through tracking technologies to: (a) remember data so that you will not have to re-enter it during your visit or the next time you visit the application webpages; (b) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our application webpages; (c) diagnose or fix technology problems; and (d) otherwise to plan for and enhance application webpages (legal grounds for processing: processing for the performance of our Services/legitimate interests).
How to manage cookies: The cookies we use are designed to help you get the most from our application webpages but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse certain necessary cookies you may not be able to use the full functionality of the application webpages and in consequence may not be able to apply at Upcomer. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the "Help" option in your browser for more details.
• Cookie settings in Internet Explorer:
• Cookie settings in Firefox:
• Cookie settings in Chrome:
• Cookie settings in Safari web and Cookie settings in IOS:
Furthermore, you can read more on how to opt-out on some of those tools on the links below:
• Flurry: http://www.flurry.com/legal-privacy/end-user-opt-out
• Google Analytics: https://tools.google.com/dlpage/gaoptout/, information on Google’s practices can be obtained under http://www.google.com/policies/privacy/partners
• Amplitude: https://amplitude.com
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn't an industry or legal standard for recognizing or honoring DNT signals, we don't respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.
SECURITY AND STORAGE
We will use commercially reasonable efforts to safeguard the confidentiality of your personal information. In the event that any personal data under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose personal data may have been compromised and take other steps, in accordance with any applicable laws and regulations. However, no security precautions or systems can be completely secure and we cannot be held liable for any loss of or disclosure of data or any losses or damages incurred due to errors in transmission or unauthorized or unlawful acts of third parties or your decision to disclose your personal information if we have maintained a sufficient level of data protection.
If you signed up for our newsletter, we will delete your data, if you unsubscribe from our email marketing.
INTERNATIONAL DATA TRANSFER
As we are located in the USA, any information you provide will be processed and stored in the USA. If you are in the European Union or European Economic Area, this may mean that your personal information will be stored in a jurisdiction that offers a level of protection that may, in certain instances, be less protective of your personal information than the jurisdiction you are typically a resident in.
If we transfer information from the European Union to third parties outside the European Union and to countries not subject to schemes which are considered as providing an adequate data protection standard, we will either enter into contracts which are based on the EU Standard Contractual Clauses with these parties or ensure an adequate level of protection by other means.
From children under the age of 16 residing in the EU, we will not process any personal information on the ground of a consent.
LINKS TO OTHER WEB SITES AND SERVICES
The Service may contain links to and from third-party websites of our business partners, advertisers, and social media sites and our users may post links to third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies. We do not accept any responsibility or liability for their policies, their processing of your information or the content on the websites of these third-parties. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they process your information.
HOW TO CONTACT US