The following explains privacy and data practices at Upswing International, Inc. ("Upswing"). After you read it, if you have any questions please contact Upswing at speak@upswing.io. We'll be glad to help.
Thank you for visiting our website and using our products and services.
Through these sites, we not only provide key live instruction, but also impactful data and analytics that colleges and institutions can use to retain more students, and eventually pass out more graduation gowns.
We refer to the above products and services, as well as any of our other current or future products and services, collectively as the "Service." Any personally-identifiable information provided to us through the Service will be retained and used solely for the purposes of fulfilling your request for information, fulfilling a request, either by you or (if you are a Student) your institution through a Site or Service feature, performing and carrying out the Terms of the Service, performing or improving our Service, developing a new Service or communicating with you as a user of Upswing's services.
Registration for the Service may not be required to simply view a Site. If you are desire to be an Upswing Coach and elect to register for a Service, Upswing asks you for information that enables us to provide the Service. If you are a Student at a participating Institution, your Institution may have already provided Upswing information on your behalf. Only information permissible via the Family Educational Rights and Privacy Act of 1974 (FERPA) has been supplied on your behalf.
From time to time, we may collect general, non-identifiable personal, statistical information from the use of the site and the Service. We collect this information through "Coach reporting forms", "Student reporting forms", and technologies such as "cookies" and "IP addresses", which are discussed in greater detail below. We may also group this information into aggregate data in order to provide member Institutions information that helps them craft better retention strategies, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you, other list members or any other visitors to the site.
We may store your personal information along with your files and data on a third party server such as Amazon Web Services; or we may use a third party analytics tool to learn how you are using our site.
In cases where you use a mobile device to access our site, we may receive information about the location of your device. In some cases, even if you are not using a mobile device, information about your general location may be discernable from your device's IP address or the URLs we receive. If you access or use our site or Services with your mobile telephone, we may collect your telephone number.
In addition to cookies, we may also use clear gifs, web beacons and third party cookies to improve the performance of our Internet site, provide certain features or to anonymously track usage of our Internet site and track the online activity on our site. We also may use such devices in our html-based emails to track the usage of these emails.
You may stop or restrict the placement of cookies on your computer, including third party cookies, or flush them from your browser by adjusting your web browser preferences. In this case, you may still use our web site, but it may interfere with some of its functionality.
We store information that we collect through cookies and clear gifs to create a "profile" of your preferences. We tie your personal information to information in the profile to provide tailored services or to improve the content of the site for you.
We do not share your personally identifiable profile with unapproved third parties. We undertake to ensure that your personally identifiable information is kept strictly confidential and is not disclosed to third parties without your permission. Details will be used only by our staff and/or approved agents to support the necessary terms and conditions for use of service such as service providers under contract who help with our business operations and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
As we stated, Upswing values our relationships with our Users and are committed to respecting and protecting your Usage Information. Upswing can however disclose Users' Usage Information for legal or regulatory reasons, including in response to subpoenas and court orders. Upswing can also use Usage Information to investigate fraud and to prevent violation of our Terms of Service and unlawful use of our network, services and other Users.
Upswing also reserves the right to disclose member information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Upswing's rights or property, other visitors, list members, or anyone else that could be harmed by such activities. Upswing also reserves the right to disclose visitor or list member information when we believe in good faith that the law requires it.
As someone with an active Service account, we may send you service-related email messages, which are not promotional in nature, on occasions when it is necessary. Similarly, if you request assistance with a Site or one of our products or services, we will communicate with you through email until we have addressed your questions.
Upswing will make commercially reasonable efforts to provide you reasonable access to any of your personally identifying information we maintain within 30 days of your access request. We provide this access so you can review it, make corrections or request deletion of your data. If we cannot honor your request within the 30-day period, we will tell you when we will provide access. In the unlikely event that we cannot provide you access to this information, we will explain why we cannot do so. To review and update your personal information to ensure it is accurate, contact us at speak@upswing.io.
Deleting and deactivating your account: If you want to stop using your account, you can either deactivate or delete it.
Deactivate: Deactivating your account puts your account on hold. Other users will no longer see you, but we do not delete any of your information. Deactivating an account is the same as you telling us not to delete any information because you might want to reactivate your account at some point in the future.
Deletion: When you delete your account, it is permanently deleted from Upswing. You should only delete your account if you are sure you never want to reactivate it.
Users should be aware that any Identifiable Information which you voluntarily include and transmit through publicly accessible forums (i.e., such as the Upswing Virtual Learning Rooms, blogs, instant messages, listservs) may be viewed and used by anyone with access to such forums. Upswing is unable to control such uses of your Identifiable Information, and by using such services you assume the risk that the Identifiable Information provided by them may be viewed and used by third parties.
We do not knowingly collect information from children under the age of 13 through our site or Services. If you are under the age of 13, please do not provide any information to us. If we receive notice that we have collected information from a child under the age of 13, we will make commercially reasonable efforts to delete such information. Simply contact us at speak@upswing.io.
Upswing collects and stores personal information about its users to customize their learning and teaching experience. It shares minimal data with its service providers.
Upswing also pursues its legitimate interests by collecting minimal data of logged out users to provide the services, as outlined above.
Logged-in users may choose to interact directly with other users through direct messages, live sessions, paper uploads, and notetaking. If you do not agree to this public usage, do not create an account or use these features of Upswing's Services.
Upswing provides Services in conjunction with Paypal through which Upswing Coaches may receive payment for services rendered through Upswing. Paypal may collect and store personal data related to your billing information and history in order to provide their services, and may collect and store personal data and business data to prevent fraud and other abuse.
Upswing collects and stores personal data about its users to customize search results of coaches. This includes ranking results based on information like subjects offered, feedback ranking, and responsiveness to requests.
By creating an account on Upswing, users may make certain personal data about themselves accessible to others on their profile and through network interactions. This may in some cases constitute special category protected data which is considered manifestly made public by the user.
Upswing is hosted in the United States. By using Upswing Services, you authorize Upswing to transfer, store, and use your information in the United States and any other country where we operate. Where your data is disclosed to our processors, it is subject by contract to at least the same level of data protection as that set out in this statement.
Upswing retains personal data associated with your account for the lifetime of your account. If you would like to delete your personal information, you can delete your account at any time by contacting an Upswing Upswing representatives at speak@upswing.io. Deleted account profile pages will become inaccessible from other accounts in our system during upon deletion.
To delete your payment or billing information, you will need to do so with your payment provider, as Upswing only has minimal secure access to those records as needed to provide the services.
If you sign up for an Upswing account, you may at any time request an export of your personal information from an Upswing representative.
You may withdraw consent by requesting your account be deleted at any time through, which will erase your personal information completely within 14 days (except to the extent Upswing is prevented by law from deleting your information).
You may at any time lodge a complaint regarding the processing of your personal data by Upswing with the Supervisory Authority of your EU member state.
Upswing reserves the right, at its discretion, to change, modify, add, or remove portions from this policy at any time by posting such changes here. Users should review this policy regularly for changes, and can easily see if changes have been made by checking the Effective Date above. However, if at any time in the future Upswing plans to use Personally Identifiable Information in a way that differs from this policy, Upswing will post such changes here and provide you with the opportunity to opt-out of such differing uses. Your continued use following the posting of any changes to this policy means acceptance of such changes.