Upward365, LLC Privacy Policy

Last updated: October 2025

Upward365, LLC, a Delaware limited liability company (“Company”, “we”, “our”, or “us”) respects your privacy and we are committed to protecting it through our compliance with this policy. This policy describes how we collect, process, retain, and disclose personal data about you through our websites and mobile applications where this Privacy Policy is posted, through our services offered on our websites and mobile applications, when you contact us, and where you otherwise provide personal data to us (collectively, our “Services”), and our practices for using, maintaining, protecting, and disclosing that information.

Our customers are organizations who use our Services to help them manage and engage their applicants, employees, and other personnel. We act as a “processor” (as that term is commonly understood under applicable privacy laws) of the personal data our customers disclose to use when they use our Services (typically, our customers’ employees). Where you are an employee of one of our customers, the privacy policy of the customer with whom you have a primary relationship will apply rather than this Privacy Policy. If we are processing your personal data on behalf of one of our customers (e.g., your employer), please contact the business with whom you have the primary relationship to make any requests regarding your personal data and we will provide assistance to that customer. We are not responsible for the privacy or security practices of our customers, which may differ from those set out in this policy.

Please read this policy carefully to understand our policies and practices regarding your information and how we treat it. By interacting with our Services or providing us with your information, you agree to the collection, use, and sharing of your information as described in this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we make changes as described here is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children’s and Minors’ Data

Our Services are not intended for, and we do not knowingly collect any personal data from, children under the age of 16. Please contact us if you believe a child may have provided us personal data for prompt resolution.

The Personal Data That We Collect or Process

“Personal data” is information that identifies, relates to, or describes, directly or indirectly, you as an individual, such as your name, email address, telephone number, home address, or payment information.

 

The types and categories of personal data we collect or process include:

  • Account and contact information, including name, job title, address, email address, phone number, username, and other contact information you provide us.
  • Payment information, including credit card or debit card information, and billing address.
  • Account history, including information about your subscription, account, transactions, purchases, order history, or discounts.
  • Device information, including your IP address, device identifier, operating system, and browser type.
  • Marketing information (such as your contact preferences).
  • Records of contact details, communications, responses, and feedback arising out of your communications with us.

To the extent any information we collect may be considered sensitive data under certain laws, then, and if required under applicable law, we will collect and process such sensitive personal data only with your consent. If you choose not to provide or allow us to collect some information, we may not be able to provide you with requested features, services, or information.

We also collect:

  • Statistics or aggregated information: Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal data. For example, we may aggregate personal data to calculate the percentage of users accessing a specific Services feature.
  • Technical information: Technical information includes information about your internet connection and usage details about your interactions with the Services, such as clickstream information to, through, and from our Services (including date and time), products that you view or search for; page response times, download errors, length of your visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from a page.

If we combine or connect non-personal statistical or technical data with personal data so that it directly or indirectly identifies an individual, we treat the combined information as personal information.

How We Collect Your Personal and Other Data

You Provide Information to Us

We collect information about you when you interact with our Services, such as when you create or update an account, place an order, subscribe, or make a purchase, participate in any of our surveys or questionnaires, and when you email, call or otherwise communicate with members of our team.

Automatically Through Our Services

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect information that may include personal data. Information collected automatically may include usage details, location data (such as information about your device’s location), IP addresses, operating system, and browser type, and information collected through cookies and other tracking technologies, including details of your interactions with our Services and which resources and Services features that you access and use. Using automatic collection technologies helps us to improve our Services and to deliver a better and more personalized experience.

The technologies we use for this automatic data collection may include:

  • Cookies: A cookie is a small file placed on your device when you interact with the Services. You may refuse to accept or disable cookies by activating the appropriate setting on your browser or device. However, if you select this setting, you may be unable to access certain features of the Services.
  • Web Beacons: Some parts of the Services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those parts and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).

To the extent any of these automated technologies are considered a personal data sale, targeted advertising, or profiling, under applicable laws, depending on where you live, you may opt out from use of these automated technologies for such uses by contacting us as set forth below. Please note that some Services features may be unavailable as a result.

When you interact with the Services, there are third parties that may use automatic collection technologies to collect information about your or your device. These third parties may include:

  • Analytics companies.
  • Your device manufacturer.
  • Your internet or mobile service provider.

These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal data or they may collect information, including personal data, about your online activities over time and across different websites, apps, platforms, and other online services. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about these third parties’ tracking technologies, you should contact the third party directly.

From Business Partners and Service Providers

We may receive personal data about you from other sources and combine that with information we collect directly from you. For example, we may obtain information about you from service providers that we engage to perform services on our behalf, such as payment processors and security and anti-fraud services, or contact information from your employer or third parties your employer has authorized to transmit your information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal data, to:

  • Provide you with the Services and any contents, features, information, products, or services that we make available through the Services.
  • Fulfill and manage subscriptions, purchases, orders, and payments.
  • Provide you with notices about your account or subscription, including expiration and renewal notices.
  • Improve our Services, including by analyzing your information and creating aggregated data derived from your information) to develop, maintain, analyze, improve, optimize, measure, and report on our Services and their features and how users interact with them.
  • Promote our Services, business, and offerings by sending you marketing communications, publishing advertising on our own Services, and placing ads on third parties’ services.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Handle your contact and support requests.
  • Notify you when Services updates are available and about changes to any products or services we offer or provide though them.
  • Comply with applicable legal or regulatory requirements.
  • In any other way we may describe when you provide the information and to fulfill any other purpose for which you provide it.
  • For any other purpose with your consent.

The usage information we collect, whether connected to your personal data or not, helps us improve our Services and deliver a better and more personalized experience by enabling us to:

  • Estimate our audience sizes and usage patterns.
  • Store information about your preferences, allowing us to customize the Services according to your individual needs and interests.
  • Speed up your searches.
  • Recognize you when you return to our Services.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Your Rights and Choices About Your Information.

Who We Disclose Your Information To

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may also disclose personal data that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our organization.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • To display advertising on our websites or to manage and service advertising on other sites.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal data:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our organization, our customers, or others.

The categories of personal data we may disclose include:

  • Account and contact information.
  • Payment information.
  • Account history, including information about your subscription, account, transactions, purchases, order history, or discounts.
  • Device information.
  • Marketing information.
  • Contact details.

Links to Third Party Websites

Our website may include links to other websites whose privacy practices may differ from ours. If you submit information to any of those sites, your information is governed by the privacy policies that apply to those sites. We encourage you to read the privacy policy of any website you visit.

Social Media Features

Our websites may use social media features like sharing widgets (“Social Media Features”). You may be given the option by such Social Media Features to post information about your activities on a website to a profile page of yours that is provided by a third-party social media network in order to share with others within your network. Social Media Features are either hosted by the respective social media network or hosted directly on our website. To the extent the Social Media Features are hosted by the respective social media networks and you click through to these from our website, the latter may receive information showing that you have visited our website. If you are logged in to your social media account, it is possible that the respective social media network can link your visit to our website with your social media profile. Your interactions with Social Media Features are governed by the privacy policies of the companies providing the relevant Social Media Features.

Your Rights and Choices About Your Information

This section describes mechanisms you can use to control certain uses and disclosures of your information and rights you may have under state law, depending on where you live.

Advertising, marketing, cookies, and other tracking technologies choices:

  • Cookies and Other Tracking Technologies. You can set your browser to refuse all or some browser cookies or other tracking technology files, or to alert you when these files are being sent. If you disable or refuse cookies or similar tracking files, some Services or features may be inaccessible or not function properly. Some browsers include a “Do Not Track” (DNT) setting that can send a signal to the online services you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our Services may not respond to all browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described in this policy.
  • Promotions by the Company. If you do not wish us to use your information to promote our own or third parties’ products or services, you can opt out by logging into your account and adjusting your account settings and preferences or sending us an email stating your request to Info@upward365.com.
  • Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target audience preferences, you can opt out by adjusting your account settings and preferences or sending us an email stating your request to Info@upward365.com.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal data with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt out by logging into your account and adjusting your account settings and preferences or sending us an email stating your request to Info@upward365.com. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.
  • Location Data. You can choose whether or not to allow the Services to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some Services features may become inaccessible or not function properly.

Your State Privacy Rights

Depending on your state of residency, you may have certain rights related to your personal data, including:

  • Access and Data Portability. You may confirm whether we process your personal data and access a copy of the personal data we process. To the extent feasible, data will be provided in a portable format. Depending on your state, you may have the right to receive additional information and it will be included in the response to your access request.
  • You may request that we correct inaccuracies in your personal data that we maintain, taking into account the information’s nature and processing purpose.
  • You may request that we delete personal data about you that we maintain, subject to certain exception under applicable law.
  • Opt Out of Using Personal Data for Targeted Advertising, Profiling, and Sales. You may request that we do not use your personal data for these purposes.

Important: The exact scope of these rights vary by state. There are also several exceptions where we may not have an obligation to fulfill your request.

California residents: The California Consumer Privacy Act (CCPA) grants certain rights to California residents. To the extent the CCPA applies to our processing of your personal data, you would be entitled to the following rights: (a) Right to Access: You have the right to request what personal information we have collected, used, disclosed, and sold about you; (b) Right to Delete: You have the right to request that we delete your personal information that we collect, subject to certain exceptions; (c) Right to Opt-Out: You have the right to opt-out of the sale of your personal information to third parties. We do not currently sell your personal information, nor do we plan to do so in the future; (d) Right to Non-Discrimination: You have the right to not receive discriminatory treatment if and when you exercise your rights under the CCPA; (e) Right to Data Portability: You have the right to receive a copy of your electronic personal information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit this information to another entity without hindrance; and (f) Right to Know: You have the right to receive information from us regarding the categories of personal information we have collected, the sources from which we have collected personal information, the purposes for which we have collected and shared personal information, the categories of any personal information we sold as well as the categories of third parties to whom such personal information was sold, if any, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your “right to know” request.

To exercise any of these rights – or to appeal a decision regarding a consumer rights request – please send us an email stating your request to Info@upward365.com. When appealing, please include “Request to Appeal” in the email’s subject line.

Some browsers and browser extensions support the Global Privacy Control (“GPC”) that can send a signal to process your request to opt out from certain types of data processing, including data “sales” as defined under certain laws. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting as required by applicable law.

International Transfers

Our Services are hosted and operated in the United States. Laws in the United States may differ from the laws where you reside. By using the Services, you acknowledge that any personal data about you, regardless of whether provided by you or obtained from a third party, is being provided to us in the United States and will be hosted on servers in the United States, and you authorize us to transfer, store, and process your information to and in the United States.

How We Protect Your Personal Data

We use commercially reasonable administrative, physical, and technical measures designed to protect your personal data from accidental loss or destruction and from unauthorized access, use, alteration, and disclosure. However, no website, mobile application, system, electronic storage, or online service is completely secure, and we cannot guarantee the security of your personal data transmitted to, through, using, or in connection with the Services. In particular, email, texts, and chats sent to or from the Services may not be secure, and you should carefully decide what information you send to us via such communications channels. Any transmission of personal data is at your own risk.

The safety and security of your information also depends on you. You are responsible for taking steps to protect your personal data against unauthorized use, disclosure, and access.

How We Retain Your Personal Data

We keep the categories of personal data described in this policy for as long as reasonably necessary to fulfill the purposes described or for as otherwise legally permitted or required, such as maintaining the Services, operating our organization, complying with our legal obligations, resolving disputes, and for safety, security, and fraud prevention. This means that we consider our legal and business obligations, potential risks of harm, and nature of the information when deciding how long to retain personal data. At the end of the retention period, personal data will be deleted, destroyed, or deidentified.

Changes to Our Privacy Policy

We may update this policy from time to time, and we will provide notice of any such changes to the policy as required by law. The date the privacy policy was last updated is identified at the top of the page. We will notify you of changes to this policy by updating the “last updated” date and posting the updated policy on the Services. We may email or otherwise communicate reminders about this policy, but you should check our Services periodically to see the current policy and any changes we have made to it.

Contact Information

To exercise your rights, to ask questions or comment about this privacy policy or our privacy practices, or to register a complaint or concern, please contact us at:

Upward365, LLC

1601 West Lakes Parkway

West Des Moines, IA 50266

Info@upward365.com