PRIVACY POLICY (UpstreamAPI.com)

TERMS OF SERVICE

1. Account Creation and Personal Information

2. Use of Services

3. Privacy and Personal Information

4. Intellectual Property

5. Disclaimer of Warranties

6. Limitation of Liability

PRIVACY POLICY (UpstreamAPI.com)

Last Updated: January 16, 2024


Our Privacy Policy explains how upstreamapi.com and its Affiliates and subsidiaries collect, store, use, disclose and otherwise process information about you in the course of our business including through our websites that link to this notice (such as upstreamapi.com), and our marketing and sales activities (collectively, our “Services”).  It also sets out important information about your privacy rights.  

  1. PERSONAL INFORMATION WE COLLECT.
  1. We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Information”) as follows:
  1. Personal Information You Provide: We may collect Personal Information if you create an account to use our Services or communicate with us.
  2. Communication Information: If you communicate with us, we may collect your name, contact information, and the contents of any messages you send (“Communication Information”).
  3. Payment information: When you purchase or subscribe to our Services, we may collect your billing information, such as your credit card number, expiration date, and billing address, or use a third-party payment processor to process your payments (“Payment Information”).
  4. Personal Information We Collect Through Our Social Media Pages: We have postings on social media sites like YouTube and LinkedIn (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Information that you elect to provide to us, such as your contact details (“Social Information”). In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.
  5. Personal Information We Receive Automatically From Your Use of our Services: When you visit, use, and interact with our Services, we may receive certain information about your visit, use, or interactions (“Technical Information”), including the following:
  1. Log data: Information that your browser automatically sends whenever you visit the Site (“Log Data”). Log Data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.
  2. Usage data: We may automatically collect information about your use of our Services, such as the types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, computer connection, IP address, and the like.
  3. Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
  4. Cookies: A cookie is a small string of information that websites you visit transfer to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your access credentials for our Services. In addition to the cookies used by upstreamapi.com and our service providers, some cookies are placed by third parties such as Google (for analytics, described below). These third party cookies are not under our control so you should check the website of the third party service providers for more information regarding these cookies. By using our Services you agree to the use of cookies for the following purposes:

You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Chrome, Safari, Firefox, Edge, or other browser). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies you may limit the features and functionality of our Services.

  1. Customer support information: When you contact us for customer support, feedback, or inquiries, we may collect your name, email address, phone number, and any other information you provide us or that we request from you to assist you or resolve your issue (“Support Information”).
  2. Analytics: We may use a variety of online analytics products that use cookies to help us analyze how users use our Services and enhance your experience when you use them.
  3. Online Tracking and Do Not Track Signals: Our website currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received.
  1. The following disclosures are intended to provide additional information about (1) the categories of Personal Information we collect (as defined above), (2) the source of the Personal Information, (3) how we use each category of Personal Information, and (4) how we disclose Personal Information. These disclosures do not limit our ability to use or disclose information as described above.

Category of Personal Information

Sources of Personal Information

Use of Personal Information

Disclosure of Personal Information

Social Information

We may collect Social Information from you when you interact with our Social Media Pages.

We may use Social Information to perform analytics and to communicate with you.

We may disclose Social Information to our Affiliates.

Payment Information

We may collect Payment Information from you.

We may use Payment Information to process your payment including through the use of a third-party payment processor.

We may disclose Payment Information to our Affiliates and third-party payment processors.

Communication Information

We collect Communication Information directly from you.

We use Communication Information for providing our Services and responding to you.

We disclose Communication Information to our Affiliates and service providers.

Technical Information

We collect Technical Information from you including through your interaction with our Services.

We use Technical Information for analytics and, in some cases, for moderation and prevention of fraud and malicious activity.

We disclose Technical Information to our Affiliates and analytics providers.  

Support Information

We may collect Support Information from you in providing your support in your use of the Services.

We use Support Information for providing support, improving the Services, and in responding to you.

We may disclose Support Information to our Affiliates.

  1. HOW WE USE PERSONAL INFORMATION.
  1. We do not sell your Personal Information.
  2. We may use Personal Information for the following purposes:
  1. To provide, administer, maintain, improve and/or analyze the Services;
  2. To provide you with support services;
  3. To communicate with you including by discussing with you options to use the upstreamapi.com;
  4. To develop new features and services;
  5. To prevent fraud, criminal activity, or misuses of our services, and to ensure the security of our IT systems, architecture, and networks; and
  6. To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our Affiliates, you, or other third parties.
  1. Aggregated Information. We may aggregate Personal Information and use the aggregated information to analyze the effectiveness of our Services, to improve and add features to our Services. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Services and share aggregated information like general user statistics with third parties, publish such aggregated information or make such aggregated information generally available. We may collect aggregated information through the Services, through cookies, and through other means described in this Privacy Policy.
  1. DISCLOSURE OF PERSONAL INFORMATION.
  1. In certain circumstances we may share your Personal Information with third parties without further notice to you, unless required by the law, including without limitation in the situations below:
  1. Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Information with vendors and service providers, including providers of hosting services, cloud service providers, and other information technology services providers, event management services, email communication software and email newsletter services, advertising and marketing services, and web analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Information in the course of performing their duties to us.
  2. Business Transfers: If we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of service to another provider (collectively a “Transaction”), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or Affiliate as part of that Transaction along with other assets.
  3. Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services, or the public, or (v) protect against legal liability.
  4. Affiliates: We may share Personal Information with our “Affiliates,” meaning an entity that controls, is controlled by, or is under common control with upstreamapi.com. Our Affiliates may use the Personal Information we share in a manner consistent with this Privacy Policy.
  5. Other Users: certain actions you take may be visible to other users of our services.

  1. REQUEST FOR ACTION.   
  1. To request access or deletion of your Personal Information, please contact us at upstreamapi.com.  We reserve our right to limit our facilitating such requests to that which is required by applicable law.  
  2. In order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your identity before we will process any request to know or delete Personal Information. If we cannot verify your identity (and, where applicable, proof of residency) to our satisfaction, we will not provide or delete your Personal Information.  
  3. You may submit a request to know or delete your Personal Information through an authorized agent.  Such an agent must present signed written authority to act on your behalf and must be able to verify your identity (and, where applicable, proof of residency) to our satisfaction.  
  4. We will not discriminate against you for making any such request.  
  1. SECURITY.  We take reasonable and appropriate steps to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration and destruction. We use appropriate technical and organizational measures to protect your personal information which may include: physical access controls, encryption, intrusion detection and network monitoring depending on the nature of the information and the scope of processing. Our staff who may have access to your information are required to keep that information confidential.
  2. DATA RETENTION AND DELETION.  We retain your personal information for as long as necessary to fulfill the purposes for which we collected it, unless a longer retention period is required or permitted by law. We may also retain your personal information for legitimate business interests, such as to comply with our legal obligations, resolve disputes, and maintain our records. When we no longer need your Personal Information, we will delete it or anonymize it in accordance with our data retention policies and applicable laws, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing, until deletion is possible.
  3. CHILDREN.  Our websites and services are not directed to anyone under the age of 16. upstreamapi.com does not knowingly collect Personal Information from anyone under the age of 16. If you have reason to believe that a minor under the age of 16 has provided Personal Information to upstreamapi.com through our Services please email us at hi@upstreamapi.com and we will endeavor to delete that information from our systems.
  4. LINKS TO OTHER WEBSITES.  Our Services may contain links to other websites not operated or controlled by upstreamapi.com, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.
  5. INTERNATIONAL USERS.  By using our services governed by this Privacy Policy, you understand and acknowledge that your Personal Information will be transferred from your location to our facilities and servers in the United States.
  6. CHANGES TO OUR PRIVACY POLICY.  We may update this Privacy Policy from time to time. When we do we will post an updated version on this page, unless another type of notice is required by applicable law or contractual agreement. By continuing to use our service or providing us with Personal Information after we have posted an updated Privacy Policy, or notified you by other means, you consent to the revised Privacy Policy.
  7. HOW TO CONTACT US.  If you have any questions about our Privacy Policy or privacy-related issues, please contact us at hi@upstreamapi.com

TERMS OF SERVICE

Last Updated: May 03, 2023

These Terms of Service ("Terms") govern your use of the services provided by upstreamapi.com and its Affiliates and subsidiaries (collectively, "upstreamapi.com," "we," or "us") through the website upstreamapi.com and other related platforms (collectively, the "Services"). By using the Services, you agree to these Terms.

1. Account Creation and Personal Information

1.1 Account Creation: When you create an account to use our Services or communicate with us, you may be required to provide Personal Information, as defined in our Privacy Policy.

1.2 Accuracy of Information: You must provide accurate and complete information when creating your account and using our Services. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

2. Use of Services

2.1 Permitted Use: You may use the Services in accordance with these Terms and any applicable laws and regulations. upstreamapi.com grants you a non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

2.2 Prohibited Conduct: You agree not to:

3. Privacy and Personal Information

3.1 Privacy Policy: Your use of the Services is subject to our Privacy Policy, which explains how we collect, store, use, disclose, and process information about you. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

3.2 Personal Information: We collect and process Personal Information as described in our Privacy Policy. You are responsible for ensuring the accuracy and legality of any Personal Information you provide to us.

4. Intellectual Property

4.1 Ownership: upstreamapi retains all rights, title, and interest in and to the Services, including all intellectual property rights. You acknowledge that the Services contain proprietary and confidential information that is protected by intellectual property laws.

4.2 License Grant: Subject to your compliance with these Terms, upstreamapi grants you a limited, non-exclusive, non-transferable license to use the Services for your personal or internal business purposes.

4.3 Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code of the Services.

5. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. upstreamapi DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL upstreamapi OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, EVEN IF upstreamapi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Indemnification You agree to indemnify, defend, and hold upstreamapi and its Affiliates harmless from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Services, violation of these Terms, or violation of any applicable laws or regulations.
  2. Termination upstreamapi may, in its sole discretion, suspend or terminate your access to the Services at any time and for any reason, without prior notice or liability. Upon termination, your right to use the Services will immediately cease.
  3. Governing Law and Dispute Resolution These Terms shall be governed by and construed in accordance with the laws of California. Any dispute, controversy, or claim arising out of or in connection with these Terms shall be resolved through negotiation and, if necessary, through binding arbitration in accordance with the rules of an arbitration institution. The arbitration shall be held in California. The language of the arbitration shall be English.
  4. Changes to the Terms upstreamapi reserves the right to modify or update these Terms at any time, effective upon posting the revised Terms on the website or through other appropriate communication channels. Your continued use of the Services after the posting of any changes constitutes your acceptance of such changes.
  5. Severability If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired.
  6. Entire Agreement These Terms, together with the Privacy Policy, constitute the entire agreement between you and upstreamapi regarding the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

If you have any questions or concerns about these Terms, please contact us at upstreamapi@gmail.com

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.