Last Updated: April 4, 2023
1. INFORMATION WE COLLECT
We collect personal information when you interact with the Site, provide personal information to us directly or indirectly via third party sources (including social media platforms, online employment applications, mobile applications, and Wine Cult registration), and provide to us through other channels, such as over the phone, via email, or in person. The types of personal information that we collect about you may include, without limitation, your name, phone number, email address, restaurant location preferences, menu item preferences, and other information that relates to you, identifies you personally, or could be used to identify you. This includes information collected automatically about your use of our Site, information from third parties, and information received from other sources to help us supplement our records, improve the personalization of our service to you, and to detect fraud.
We may also automatically collect certain information about your equipment, browsing actions and patterns as you navigate through and interact with the Site. This may include: the type of browser or device operating system you use, the domain name of the website from which you linked to the Site, the amount of time you spend on the Site and the pages on the Site that you view.
We may aggregate information collected from our users (such as the number of users in a particular region or having particular characteristics).
Please note that we may use cameras in our restaurant locations to keep employees and customers safe and to look for ways to improve our guest experience. We do not use these cameras to identify people except when necessary for security purposes.
2. COOKIES AND OTHER SIMILAR TECHNOLOGIES
Cookies are small text files placed on your device to store data that can be recalled by a web server in the same domain that placed the cookie. The text in a cookie often consists of a string of numbers and letters that uniquely identifies your device, but it can contain other information as well.
We also may use these technologies to collect information about your online activities over time and across third party websites or other online services. We use such technologies on our Site to track your visits and activity, combat fraud, analyze how our services perform, improve our services, and fulfill other legitimate business purposes.
Some newer web browsers have the ability to send a “Do Not Track” signal to the websites you visit to indicate that you do not want your activity to be tracked. At this time, WWW.UPWARDPROJECTS.COM processes and responds to Do Not Track signals; however, other portions or the Site do not process or respond to Do Not Track signals at this time.
3. HOW WE USE YOUR PERSONAL INFORMATION
We will only use your personal information for business and commercial purposes. This includes, without limitation:
- to improve the Site and/or our services;
- to communicate with you, including to update you with any changes to our Site or terms, responding to your questions or other requests, sending you notifications, updating you about new Site features and restaurant updates;
- provide the services and products to you, including to tailor marketing communications to you, tailoring your experience on the Site or services and/or otherwise customizing what you see when you visit a restaurant and/or use the Site;
- to administer and manage loyalty, reward and wine programs and fulfill your requests;
- to facilitate your entry into sweepstakes and promotions and communicate with you regarding such entries, as applicable;
- to perform customer service functions;
- protecting you, others and our business, including, without limitation, for security and fraud prevention;
- for marketing and promotional purposes;
- to perform Site analytics;
- validate your address;
- comply with applicable law; or
- otherwise with your consent.
4. DISCLOSURE OF PERSONAL INFORMATION
We take your privacy seriously and do not disclose your personal information to third parties except to the extent necessary to provide the services and/or products to you. This includes: to a buyer or other successor in interest; with our subsidiaries and affiliates in order to provide you with the Site or services; to take actions based on your request; for the purpose of employment analysis and other management and analysis; when such disclosure is appropriate, in our reasonable opinion, to comply with the law, a court order, or a subpoena; or otherwise as approved by you. We also may share personal information with third-party service providers who perform services for or on our behalf based on our instructions, including, to provide backend services, conduct analysis, and engage in consumer research. We do not authorize these third-party service providers to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements. Additionally, we may disclose your personal information to prevent or investigate a possible crime, such as fraud or identity theft, to protect the security of this Site, to enforce or apply our online terms or other agreements, or to protect our own rights or property or the rights, property or safety of our users or others. Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual.
5. DATA SECURITY
We have implemented appropriate physical, electronic, and administrative measures designed to secure the personal information that you provide us from accidental loss and from unauthorized access, use, alteration, and disclosure.
7. COMMUNICATION PREFERENCES
We may send you communications related to your transactions, security, or the administration of this Site. We may also send you other messages or updates about Upward Projects, our Site, our services, our mobile application, and promotions or other activities. If you do not wish to receive non-transaction/security related communications from Upward Projects, you may opt-out by clicking the “unsubscribe” link in the communication or contact us where specified in the “Contact Us” section, below. Where our mobile applications allow for the delivery of “push notifications” you can also opt out of receiving these notifications by toggling the “Notifications” switches within our mobile applications to “off.”
In addition, as it relates to geolocation data, most mobile devices allow you to control whether a website or mobile application is allowed to collect your specific geolocation information. For example, Google and Apple provide the following links to instructions on how users can disable location services:
- For Android devices: https://support.google.com/accounts/answer/3467281?hl=en
- For iPhones: https://support.apple.com/en-us/HT207092
Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.
Some of the third parties that display our ads on their services may provide you with additional choices to opt out of targeted advertising. For example, social media providers may allow you to control your advertising preferences directly through their services. Please review the privacy policies of the third-party services you use for more information.
Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings. Additionally, you should be aware that any information provided to third parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.
8. CHILDREN’S PRIVACY
9. FOR CALIFORNIA RESIDENTS
In the preceding twelve months we may have generally collected the following categories of Personal Information about your when you use our Site and/or services:
- Identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices.
- Protected classifications, such as age, sex, marital status.
- Internet or other electronic information, including browsing history, search history, information regarding your interaction with the Site, click-stream data, geographic preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information.
- Geolocation data, to the extent you have configured your device to permit us to collect such information or have otherwise provided such information to us.
- Professional, education-related (in relation to employment applications), or employment information.
- Inferences about your preferences, characteristics, behavior, and attitudes.
- Commercial information such as records of products or services purchased, obtained, or considered by you.
- Internet or network activity, such as browsing history, search history, information regarding a consumer’s interaction with a website, application, or advertisement, links clicked, pages viewed, and time spent on pages, mobile network and operating system, browser and operating system, and other applications installed.
- Other categories of Personal Information that you voluntarily provide to us as part of or in furtherance of the services.
We do not sell your Personal Information; however, we may disclose certain Personal Information to third parties for business purposes. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected. For more information about the Personal Information we collect and how we collect it, please refer to Sections 1-4, above.
In addition to sharing the above listed information with third parties for business purposes, we may disclose any or all of the data above with external legal counsel as deemed necessary in the event of litigation or other legal related matters.
You have the following rights under the CCPA:
- The right to know about the Personal Information we collect about you and how it is used and shared. Specifically, you may request that we disclose:
- The categories of Personal Information we collect;
- Specific pieces of Personal Information we collect;
- The categories of sources from which we collect Personal Information;
- The purposes for which we use the Personal Information;
- The categories of third parties with whom we share the Personal Information; and/or
- The categories of Personal Information that we sell or disclose to third parties;
- The right to delete Personal Information collected from or about you in the 12-month period preceding your request (with some exceptions);
- The right to opt-out of the sale of your Personal Information;
- The right to not be discriminated against for exercising your CCPA rights. Upward Projects will not discriminate against you because you exercise your rights; and
- Pursuant to CCPA § 1789.83, the right to request certain information regarding our disclosure of Personal Information to other parties for their direct marketing purposes, a “Shine the Light Request”.
To make such a request, please call us at 1-602-246-7555 or write us at:
Upward Projects Holdings, LLC
Attn: Senior Director of Technology
3443 N. Central Ave
Phoenix, AZ 85012
In order to exercise your rights, we must verify your identity. As such, you must provide us with, at a minimum, three pieces of identifying information such as name, address, email address and phone number(s) (which must match the Personal Information we have previously obtained from/about you). In your request, you must specify that you want an “Upward Projects California Privacy Rights Notice”. Please allow 45 days for a response.
We will never charge you for exercising your rights under the CCPA. You may make such a request once in a 12-month span. Please note that there are circumstances in which we may not be able to comply with your request pursuant to the CCPA, including when we cannot verify your request and/or when there is a conflict with our own obligations to comply with other legal or regulatory requirements. We will notify you following submission of your request if this is the case.
Please note that if you request the deletion of your Personal Information or otherwise opt out, we may not be able to deliver certain parts of the services, such as Wine Cult, delivery, promotions, and sweepstakes. We will make this clear at the point of opt-out so that you can make an informed decision.
10. CONTACT US
We welcome your questions, comments, and concerns about privacy. You can contact us by 1-602-246-7555 or write us at:
Upward Projects Holdings, LLC
Attn: Senior Director of Technology
3443 N. Central Ave
Phoenix, AZ 85012
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