Privacy Policy

Last updated: July 11, 2025

Welcome to Upside! Upside Services, Inc. (“Upside,” “we,” “us,” or “our”) wants you to be familiar with how we collect, use, and disclose Personal Data.

At Upside, we care about your privacy and are committed to protecting your Personal Data. We collect and process your Personal Data so we can personalize the Services we provide—such as the offers in our App. We do not sell the Personal Data collected in our App or the transactional information we receive from our merchant partners.

This Privacy Policy describes our practices in connection with Personal Data that we collect through:

Our website at https://www.upside.com (“Website”);
The software application we make available for use on mobile devices (“App”);
Social media properties we control (“Social Media”);
HTML-formatted email messages or other communications that we send to you that link to this Privacy Policy (“Emails”); and
Any other offline business interactions you may have with us (“Offline Interactions”).

Collectively, we refer to the Website, App, Social Media, Emails, and Offline Interactions as the “Services.” Our Services are intended for individuals in the United States only.
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In addition, your access to and use of the Services is subject to the Terms of Service available here, which may be updated by Upside from time to time. As a courtesy, Upside may provide versions of the Terms of Service, the Privacy Policy, and other policies or documents translated into a foreign language. In case of any discrepancy in wording, the English language version of these documents and policies shall prevail.
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Click here for additional information for residents of U.S. states.

CATEGORIES AND SOURCES OF PERSONAL DATA COLLECTED
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“Personal Data” is information that identifies an individual or relates to an identifiable individual. We collect the following categories of Personal Data:
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Personal Data we receive from you:
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Identifiers

Such as first and last name, email address, and telephone number. We may also collect a list of your contacts, including names and telephone numbers, if you choose to upload your contacts to make referrals and generate referral bonuses.

For a small subset of Upside users, we may collect additional categories of Personal Data that those users voluntarily provide to us while using the Services. For example, a user may provide additional contact information while interacting with customer support or entering an Upside promotion or sweepstakes, or a user may provide a tax identification number for tax reporting purposes.
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User Content

Such as reviews about our Services and other content that you may create or share with us during our relationship, including posts on our Social Media and comment sections.
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Preferences

Such as language, interests, and other feedback/preferences that you might express during your use of our Services.
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Marketing Data

Such as your choices regarding our newsletters, surveys, and other marketing/advertising displayed or provided to you, and preferred methods of such promotional communication.
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Commercial Information

Such as your history of Upside use, including transaction timestamps, site identifiers, transaction totals, purchase history, cash back rewards earned, and the first six and last four digits of any credit cards used, if you use our Services and redeem cash back rewards offers. We also collect payment card data through a third-party payment processor if you choose to input a credit or debit card into your Upside wallet.

We collect the name of your financial institution(s) and the last four digits of your bank account number(s), if you choose to redeem your cash back rewards by receiving a direct transfer to your bank account, and we collect the email address associated with your PayPal account, if you choose to redeem your cash back rewards by receiving a direct transfer to your PayPal account.

We may also collect images of your credit card receipts from transactions at Upside merchant partners, if you upload these images to the Services to claim cash back rewards offers. Depending on the merchant, such receipts may include additional Personal Data. We use the transaction information contained on these receipts to verify your claims for cash back rewards offers and to update your history of Upside use.
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Employment or Professional Information

For our current and potential business partners, we collect professional or employment-related information, such as current company, position and title, work history, and prior employer.
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Personal Data collected automatically through your use of our Services:
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Online Activity Data

Pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.
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Device Information

Your mobile device’s operating system type and version, manufacturer and model, screen resolution, RAM, CPU usage, device type (e.g., phone, tablet), IP address, language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 5G), advertising ID, and general location information.

This includes data obtained through cookies and similar technologies, as described below in the COOKIES AND SIMILAR TECHNOLOGIES section.
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Audio/Visual Data

Audio, electronic, visual, and similar information, such as call and video recordings and photos.
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Geolocation Data

Such as device location (if you choose to enable location services on your mobile device) and approximate location derived from IP address. We use device location to verify your claims for cash back rewards offers and to notify you when you are near one of our merchant partners.
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Other sources from which we collect Personal Data:
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Third-Party Logins

When you link, connect, or login to our Services with a third-party service (e.g., Google, Apple, or Facebook), you direct the service to send us information as controlled by that service or as authorized by you via your privacy settings on that service.
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Other Third Parties, including our Merchant Partners

We collect information from sources such as your friends who may refer you to us and from our merchant partners who participate on the Upside platform.

Merchants who partner with Upside share transaction-level data with us, which we use to verify your Upside transactions and to identify your purchase history with those merchants. When you choose to redeem a cash back rewards offer for the first time, you instruct participating merchants to send your purchase history data to Upside.

If you connect your bank account(s) to the App to redeem your cash back rewards, we may collect related commercial data, including purchase history, site identifiers, and transaction timestamps, through our financial services partner to provide more personalized Services to you.

We need to collect Personal Data to provide the requested Services to you. If you do not provide the information requested or you later request to delete your Personal Data, you may not be able to use some or all of the Services. If you disclose any Personal Data relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the data in accordance with this Privacy Policy.

PERSONAL DATA PROCESSING PURPOSES

We use Personal Data for our business purposes, including:

Processing Purpose and Examples of Related Activities	Personal Data Used
Administering the Services: Providing the Services’ functionality to you, such as arranging access to your registered account; verifying your information; responding to your inquiries and fulfilling your requests, such as when you contact us via one of our online contact forms or otherwise; distributing cash back rewards and referral bonuses, maintaining your cash back rewards balance, and verifying your claims for cash back rewards offers; enabling receiptless check-in at certain partner merchant sites; sending you administrative information, such as information regarding the Services and changes to our terms, conditions, and policies; or to offer our Services to individual referral contacts you designate.	Identifiers; User Content; Preferences; Marketing Data; Commercial Information; Employment Information; Online Activity Data; Device Information; Audio/Visual Data; Geolocation Data.
Operations and general business: Administering online Services (including troubleshooting and diagnostic testing, conducting performance analyses of our systems and Services, testing new system features to evaluate their impact, system and log maintenance, technical support, system debugging, and hosting data); and facilitating mergers, acquisitions, and other reorganizations and restructurings of our business (including prospective transactions).	Personal Data as relevant for the specific business operation.
Marketing: Sending you newsletters, event invitations, and mailings that we think may be of interest to you; fulfilling your event registration requests; and providing services, including providing events.	Identifiers; Commercial Information; Preferences; Marketing Data; User Content; Online Activity Data; Device Information.
Targeted advertising: Engaging advertising partners, including third-party advertising companies and social media companies, to display ads to you on other websites and online services. These companies may use cookies and similar technologies to collect information about your interaction over time across the Services, our communications, and other online services, and use that information to serve online ads that they think will interest you. We may also share information about our users with these companies to facilitate interest-based advertising to our or similar users (known as a “lookalike audience”) on other online platforms.	Identifiers; Commercial Information; Preferences; Marketing Data; User Content; Online Activity Data; Employment Information; Device Information.
Personalizing our Services: Personalizing our interactions with you and providing you with information and/or offers tailored to your interests, such as delivering content via our Services that we believe will be relevant and interesting to you.	Identifiers; Marketing Data; Commercial Information; Employment Information; Online Activity Data; Device Information; Preferences.
Improving and developing Services that we may provide to you: Conducting data analysis, for example, monitoring and analyzing Services use and using data analytics to improve the efficiency of our Services; developing new Services; considering ways to enhance, improve, repair, maintain, or modify our Services; identifying usage trends, for example, understanding which parts of our Services are most interesting to users; determining the effectiveness of our promotional campaigns, so we can adapt our campaigns to the needs and interests of our users; and operating and expanding our business activities.	Identifiers; Commercial Information; Preferences; User Content; Online Activity Data; Device Information; Employment Information; Audio/Visual Data.
Relationship building and engagement: Facilitating and responding to any social sharing and posts on our Services and other customer relationship building activities, such as promotions or sweepstakes.	Identifiers; Marketing Data; Online Activity Data; Employment Information; Commercial Information; Device Information; User Content.
Aggregation and/or anonymization: Aggregating and/or anonymizing Personal Data so that it will no longer be considered Personal Data.	Personal Data as relevant for the specific business purpose.
Security and fraud prevention: Conducting audits, verifying that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements; monitoring for and preventing fraud; and for security purposes, including maintaining system security and onsite security of our premises.	Identifiers; Employment Information; Commercial Information; Device Information.
Legal and compliance: Fulfilling our legal and compliance-related obligations, including complying with applicable laws; complying with legal processes; responding to requests from public and government authorities; meeting national security or law enforcement requirements; enforcing our terms, conditions, and policies; protecting our operations; protecting the rights, privacy, or property of Upside; responding to auditors; and allowing us to pursue available legal remedies and make insurance claims, defend claims, and limit the damages that Upside may sustain.	Personal Data as relevant for the specific legal action, regulatory investigation, or legal processes in question.

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‍DISCLOSURE OF PERSONAL DATA‍

We disclose Personal Data to third parties and for the purposes described below:
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Recipients	Purpose
Third-party service providers	Including service providers that provide website hosting, IT and related infrastructure, email delivery, analytics, cloud storage, customer service platforms, data security, and other services for the following purposes: Administering the Services, including payment processing Improving the Services Operations and general business support Security and fraud prevention Marketing Personalizing our Services Relationship building and engagement Legal and compliance
Advertising networks	Improving the Services Marketing Personalizing our Services Relationship building and engagement
Analytics providers	Aggregating and/or anonymizing Personal Data Security and fraud prevention Improving the Services Marketing Operations and general business Personalizing our Services
Merchant partners who participate on the Upside platform	Upside shares your purchase history data at participating merchants on the Upside platform with those merchants so they can validate that we performed the Services. When you choose to redeem a cash back rewards offer for the first time, you instruct Upside to share your Upside purchase history data at a particular merchant with that merchant.
Law enforcement, public, regulatory, and government authorities, courts, tribunals, or third parties	Security and fraud prevention Legal and compliance Responding to a request or providing information to public and government authorities (including authorities outside your country or region of residence) Responding to law enforcement requests and orders or provide information to law enforcement For dispute resolution purposes To enforce our terms, conditions, and policies To protect our rights, privacy, safety, property, and/or that of our affiliates, you or others
Professional advisors, such as accountants, auditors, experts, consultants, lawyers, banks, and financial institutions	Security and fraud prevention Legal and compliance Improving the Services
Third parties, such as an acquiring entity and its advisors, in connection with a sale or business transaction	We may disclose or transfer your Personal Data in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). You will be notified of any such business transaction and of possible changes to the processing of your Personal Data in accordance with applicable law and the UPDATES TO THIS PRIVACY POLICY section.

By using the Services, you may elect to disclose Personal Data on message boards, chats, profile pages, blogs, and other services to which you are able to post information and content (including, without limitation, our Social Media), or through which you are able to send messages through the Services. Please note that any data you post or disclose in this context will become public and may be available to other users and the general public.
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SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Data within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. For example, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Upside through the Internet. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the CONTACTING US section below.
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CHOICES AND REQUESTS

If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out by following the unsubscribe instructions in any such email message.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing from us, we may still send you important administrative messages, from which you cannot opt out.

If you wish to use the Services, you can choose to provide certain Personal Data, such as login information to create an account and transaction information to accept cash back rewards offers. If you choose not to provide certain Personal Data, you may not be able to use all features of the Services.

Please refer to the U.S. STATE CONSUMER PRIVACY SUPPLEMENT at the end of this Privacy Policy for more information about your rights and requests you may make under applicable law.

RETENTION PERIOD

We retain Personal Data for as long as needed or permitted for the purpose(s) for which it was obtained, as outlined in this Privacy Policy, unless a longer retention period is provided for under applicable law. The criteria used to determine our retention periods include:

The length of time that we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have a relationship with us or keep using the Services);
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records or communications for a certain period before we can delete them); or
Whether retention is advisable considering our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).
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THIRD-PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties. This includes any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Data you disclose to other organizations through or in connection with the App or our Social Media.

COOKIES AND SIMILAR TECHNOLOGIES

We and our service providers collect information automatically, including through cookies, pixel tags, and similar online technologies, such as from:

Your browser or device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (i.e., Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.

Your use of our App. When you download and use our App, we and our service providers may 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.
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Cookies and similar technologies. Cookies are pieces of information stored directly on your computer. We use first and third-party cookies and similar technologies to collect such information as browser type, time spent on the Services, pages visited, language preferences, unique identifiers, content you view, click on, or share, screen gestures or actions, and other traffic data. We and our service providers use the information for security purposes, to power the interactive features of our Services, to facilitate navigation, to display information more effectively, to personalize your experience, to develop and improve the performance, functionality, and design of the Services, for advertising and marketing purposes, and to help keep the Services free of bugs or errors.

We also gather statistical information about use of the Services to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. Cookies and similar technologies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them to you. We do not currently respond to browser do-not-track signals.

If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting particular cookies from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. You also may not receive advertising or other offers from us that are relevant to your interests.

Pixel tags (also known as web beacons and clear GIFs) may also be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
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Analytics. We use third-party analytics services, including Google Analytics, which use cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. These services collect and analyze user interactions with the Services, such as screens visited, pages and content viewed, screen actions and gestures such as taps, clicks, and scrolls, as well as browser and device details including the type, version, model, and operating system. These services may also collect information regarding the use of other websites, apps, and online services.

You can learn about Google’s practices by going to http://www.google.com/policies/privacy/partners/ and you can exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
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Location data. Depending on how you choose to set your mobile device settings, we may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we may not be able to provide you with the applicable personalized services and content.
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THIRD-PARTY ADVERTISING

We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services.

You may receive advertisements based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including using pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.

Portions of our Website directed at our current and potential business partners (“For Business”) utilize technologies of third-party advertising partners such as NextRoll. These technologies help us recognize devices and understand how visitors use those portions of our Website so that we can improve our business-to-business marketing to reflect interests and serve advertisements about the Services that are likely to be of more interest to visitors to those pages. Specifically, NextRoll collects information about visitor activity on the “For Business” portion of the Website to enable us to measure and analyze traffic and browsing activity on our Website, and to show business to business marketing advertisements for our services on third-party sites. For our current and potential business partners, we may share your Personal Data, such as email addresses or other online identifiers that we collect from you, with NextRoll. This allows our advertising partners to recognize and deliver your ads across devices and browsers. To read more about the technologies used by NextRoll and their cross-device capabilities please refer to NextRoll’s Privacy Notice here.

If you would like more information about these third-party advertising practices, and to learn how to opt out in desktop and mobile browsers on the device on which you are accessing this Privacy Policy, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/. You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps.
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THIRD-PARTY PAYMENT SERVICES

The Services may provide functionality allowing you to make payments to Upside using third-party payment services with which you have created your own account. When you use such a service to make a payment to us, your Personal Data will be collected by such third party and not by us, and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use, and disclosure of your Personal Data.

Upside users who redeem their cash back rewards by receiving a direct transfer to their bank accounts are prompted to log in to an online banking portal. This online portal is provided by Plaid, Inc., which provides your full name, email address, the name of your financial institution, and your full bank account number to Dwolla, Inc. Upside collects (through Dwolla) the name of your financial institution and the last four digits of your bank account number. Dwolla uses the Personal Data collected to originate credit transfers to your bank account(s) that you select in the mobile application. Plaid’s Privacy Policy is accessible here. Dwolla’s Privacy Policy is accessible here. If you wish to exercise your rights or privacy choices regarding Personal Data collected by Plaid or Dwolla, you should contact Plaid or Dwolla.
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USE OF SERVICES BY MINORS

Upside prohibits the use of the Services by anyone under the age of sixteen (16), and we do not knowingly collect Personal Data from individuals under 16. If you are under the age of 16, you may not create an Upside account or submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet and mobile device usage and to help enforce our Privacy Policy by instructing their children under the age of 16 never to provide Personal Data on our Services.
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CROSS-BORDER TRANSFER

Your Personal Data may be stored and processed in any country or region where we have facilities or engage service providers. By using the Services, you understand that your Personal Data will be transferred to countries outside of your country or region of residence, including to the United States, which may have data protection rules that are different from those of your country or region.

UPDATES TO THIS PRIVACY POLICY

The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services.

CONTACTING US

If you have any questions about this Privacy Policy, or the data practices of the Services, including if you need access to our Privacy Policy in a different format please contact us:

Through our customer support portal here; or
Through the Help Center in your Account profile on the App – click the blue pen icon in the upper right-hand corner to initiate a conversation.

U.S. STATE CONSUMER PRIVACY SUPPLEMENT

The following chart details which categories of Personal Data we collect and process, as well as which categories of Personal Data we disclose to third parties for our operational business or commercial purposes, including within the preceding 12 months. The chart also details the categories of Personal Data that we “sell” to third parties or “share” for purposes of cross-context behavioralor targeted advertising, including within the preceding 12 months.

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Categories of Personal Data For further details, please see above under CATEGORIES AND SOURCES OF PERSONAL DATA COLLECTED	Disclosed to Which Categories of Third Parties for Operational Business or Commercial Purposes For further details, please see above under DISCLOSURE OF PERSONAL DATA	Sold To	Shared With
Identifiers	Service providers; advertising networks; analytics providers; law enforcement; public, regulatory, and government authorities; professional advisors; merchant partners; third parties such as an acquiring entity	Upside only sells Identifiers of current and potential business partners to third-party advertising partners	Third-party advertising partners
Personal information as defined in the California customer records law, such as name, contact information, financial account number, and employment information	Service providers; advertising networks; analytics providers; law enforcement; public, regulatory, and government authorities; professional advisors; merchant partners; third parties such as an acquiring entity	Upside only sells Personal Information as defined in the California customer records law of current and potential business partners to third-party advertising partners	Third-party advertising partners
Protected Class Information, such as characteristics of protected classifications under California or federal law (e.g., primary language)	Service providers; advertising networks; analytics providers; law enforcement; public, regulatory, and government authorities; professional advisors; third parties such as an acquiring entity	None	Third-party advertising partners
Commercial Information	Service providers; advertising networks; analytics providers; law enforcement; public, regulatory, and government authorities; professional advisors; merchant partners; third parties such as an acquiring entity	None	Third-party advertising partners
Internet or network activity information, such as interactions with our online properties or ads	Service providers; advertising networks; analytics providers; law enforcement; public, regulatory, and government authorities; professional advisors; merchant partners; third parties such as an acquiring entity	None	Third-party advertising partners
Geolocation Data	Service providers; advertising networks; analytics providers; law enforcement; public, regulatory, and government authorities; professional advisors; merchant partners; third parties such as an acquiring entity	None	Third-party advertising partners
Audio/Video Data	Service providers; analytics providers; law enforcement; public, regulatory, and government authorities; professional advisors; third parties such as an acquiring entity	None	None
Employment or Professional Information	Service providers; advertising networks; analytics providers; law enforcement; public, regulatory, and government authorities; professional advisors; third parties such as an acquiring entity	None	Upside only shares employment or professional information of current and potential business partners with third-party advertising partners
Inferences drawn from any of the Personal Data to create a profile, such as an individual’s preferences or characteristics	Service providers; advertising networks; analytics providers; law enforcement; public, regulatory, and government authorities; professional advisors; third parties such as an acquiring entity	None	Third-party advertising partners
Sensitive Personal Data, Tax identification numbers for tax reporting purposes, and precise/specific geolocation information	Service providers; analytics providers; law enforcement; public, regulatory, and government authorities; professional advisors; third parties such as an acquiring entity	None	None

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We retain each category of Personal Data, including Sensitive Personal Data, as described above under RETENTION PERIOD.

We do not knowingly sell or “share” Personal Data, including Sensitive Personal Data, of minors under 16 years of age.

We collect, use, and disclose Personal Data for the purposes described above under PERSONAL DATA PROCESSING PURPOSES.

We collect, use, and disclose Sensitive Personal Data for purposes of performing services for our business, providing goods or performing services as requested or reasonably expected by you, ensuring safety, security, and integrity, countering wrong or unlawful actions, short-term transient use, servicing accounts, providing customer service, verifying customer information, processing payments, activities relating to quality and safety control or product improvement, and other collection and processing that is not for the purpose of inferring characteristics about an individual. We do not use Sensitive Personal Data for additional purposes.

We collect Personal Data from several sources as described above under CATEGORIES AND SOURCES OF PERSONAL DATA COLLECTED.
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Your Privacy Choices

You may request that we:

Disclose to you the following information:
1. Whether we process your Personal Data;
2. The categories of your Personal Data we collected and the categories of sources from which we collected your Personal Data;
3. The business or commercial purpose for collecting, “sharing,” or selling your Personal Data;
4. The categories of your Personal Data that we sold or “shared” and the categories of third parties to whom we sold or “shared” your Personal Data; and
5. The categories of your Personal Data that we disclosed and the categories of third parties to whom we disclosed your Personal Data.
6. If you are an Oregon or Minnesota consumer, you may also request that we disclose to you the third parties to whom we have disclosed your Personal Data.
Correct inaccuracies in your Personal Data.
Delete your Personal Data.
Provide the specific pieces of your Personal Data, including a copy in a portable format.
Opt out of the “sale” of your Personal Data. (As disclosed above, we only sell the Personal Data of current and potential business partners for business marketing purposes.)
Opt out of targeted advertising, including the “sharing” of your Personal Data for cross-context behavioral advertising.

To make a request, please use one of the following methods:

Click the “Your privacy choices” link at the bottom of the Website;
Access your Account profile in the App and select “Your privacy choices” under the “Data and privacy” heading; or
Email privacy@upside.com with the subject line PRIVACY REQUEST. Please indicate in the text of the email which request(s) you are making.

You have the right to be free from unlawful discrimination for exercising your rights under applicable law.
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We will verify and respond to your request consistent with applicable law, considering the type and sensitivity of the Personal Data subject to the request. For your protection, we may need to request information such as your name and email address to verify your identity and protect against fraudulent requests. In accordance with applicable law, Upside may require you to re-enter your login credentials in the App prior to our handling of your request regarding your Personal Data. Note that a request to delete your Personal Data will include the deletion of your login credentials, and thus your Upside account, which may prevent you from using some or all of the Services.
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Opt-out Preference Signals

We also process opt-out preference signals, such as the Global Privacy Control. These signals set your opt-out preferences only for the particular browser or device you are using. For information about how to use the Global Privacy Control, please visit https://globalprivacycontrol.org/.
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Appeals

If we refuse to take action on your request, you may request to appeal this refusal within a reasonable period after you have received notice of the refusal. You may file a request to appeal by using one of the methods listed above under “Your Privacy Choices.” We will respond to your request consistent with applicable law.
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Authorized Agents

If an agent would like to make a request on your behalf as permitted by applicable law, the agent may use the submission methods noted above under “Your Privacy Choices.” As part of our verification process, we may request that the agent provide, as applicable, proof concerning their status as an authorized agent. In addition, we may require that you verify your identity as described above or confirm that you provided the agent permission to submit the request.
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De-Identified Information

Where we maintain or use de-identified information, we will continue to maintain and use that information only in a de-identified form and will not attempt to re-identify the information.

Privacy Policy

Last updated: January 31, 2023

Our Policy:

Welcome to Upside! Upside Services, Inc. (“Upside”, “we”, “us” and/or “our”) operates the website (https://www.upside.com) (the “Site”), our iOS and Android mobile application and related services (collectively, the “Services”) to our Service visitors (“you”, “your”). This Privacy Policy sets forth Upside’s policy with respect to the collection of personal data (including as defined under the California Privacy Rights Act and Virginia Consumer Data Protection Act) (collectively, “Personal Data”) from visitors to the Site and Services.

In addition, your access to and use of the Services is subject to the Terms of Service available here, which may be updated by Upside from time to time.

By using the Services and voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. Our Services are intended for individuals in the United States only. If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Upside and the authorized third parties referred to herein located in the United States.

Information We Collect:

When you interact with us through the Services, we collect Personal Data and other data from and about you in order to provide the Services (for example, to provide you with the opportunity to earn Cash Back rewards).

Personal Data That You Provide Through the Services: We collect Personal Data from you when you use the Services and voluntarily provide such information, such as when you create an Upside account or upload an image of a receipt to claim a rewards offer. This Personal Data may include:

Your email address and password, if you create an Upside account. We use this information to provide you with the Services, including to redeem your offers, communicate with you, and provide you with account security.
A unique social media identifier, and possibly your name and/or email address, if you log in to the Upside application using a social media account. We use this information to provide you with account security and to communicate with you.
A device identifier associated with your mobile device. We use this information to monitor your account for fraudulent activity.
Your history of Upside use, including transaction timestamps, site identifiers, transaction totals, Cash Back rewards earned, and the first six and last four digits of any credit cards used, if you use our Services and generate Cash Back rewards offers. We use this information to provide personalized Cash Back rewards offers to you in the future.
Images of your credit card receipts from transactions at Upside merchant partners, if you upload these images to the Services to claim Cash Back rewards offers. Depending on the merchant, such receipts may include additional Personal Data, such your full name or date of birth. We use the transaction information contained on these receipts to verify your claims for Cash Back rewards offers and to update your history of Upside offers. As discussed herein, we engage a third party provider, Amazon Web Services, to provide cloud storage where we store these images.
The first six and last four digits of any credit cards or debit cards you input into your Upside wallet, if you choose to use this feature for receiptless transactions. We use this information to verify your claims for Cash Back rewards offers and to enable receiptless check-in at certain partner merchant sites.
Geolocation information, if you enable location services on your mobile device. We use this information to verify your claims for Cash Back rewards offers and to notify you when you are near to one of our merchant partners.
A record of your touch screen interactions with the user interface for our Services (excluding data that you may input). We use this information to identify design problems with our user interface and to provide a better user experience.
A list of your contacts, including names and email addresses, if you upload individuals contacts in order to make referrals and generate referral bonuses. We use this information to offer our Services to individual contacts you designate, including referral bonuses.
The name of your financial institution(s) and the last four digits of your bank account number(s), if you choose to ‘cash out’ your Upside account by receiving a direct transfer to your bank account. We use this information to help distribute Cash Back rewards you have redeemed.
Your PayPal login email address, if you choose to ‘cash out’ your Upside account by receiving a direct transfer to your PayPal account. We use this information to help distribute Cash Back rewards you have redeemed.
For a small subset of users, we may collect additional categories of Personal Data that those users voluntarily provide to us while using the Services. For example, a user may provide contact information such as an email address, mobile phone number, or mailing address while interacting with customer support or entering an Upside sweepstakes. A user may provide a name, mailing address, and social security number for tax reporting purposes. A user may provide a state of residence when submitting a privacy request.
In addition to these categories of Personal Data collected by Upside, Upside creates and assigns a unique user identifier (Upside UUID) to every Upside account at the time of creation..

Third Party Payment Processing. For some functionality, Upside relies on third party service providers to collect and process Personal Data from users directly, which may include through use of an application programming interface (API) on the mobile application.

Users who add a credit or debit card to their Upside wallets or utilize the Pay with Upside feature are prompted to input their name, full credit card or debit card number, expiration date, CVC code, and zip code associated with their billing address. This information is collected by a third party partner, Stripe, Inc., and is not shared with Upside. As outlined above, Upside only collects (through Stripe) the first six and last four digits of any card inputted through Stripe’s API. Stripe uses the Personal Data collected to validate your credit card or debit card and to initiate charges that you authorize. Stripe’s Privacy Policy is accessible here. Users who wish to exercise their rights regarding Personal Data collected by Stripe should contact Stripe directly.
Users who ‘cash out’ their Upside account by receiving a direct transfer to their bank accounts are prompted to log in to an online bank portal. This online portal is provided by Plaid, Inc., which shares no information with Upside but provides your full name, email address, the name of your financial institution, and your full bank account number to Dwolla, Inc. As outlined above, Upside only collects (through Dwolla) the name of your financial institution and the last four digits of your bank account number. Dwolla uses the Personal Data collected to originate credit transfers to your bank account(s) that you select in the mobile application. Plaid’s Privacy Policy is accessible here. Dwolla’s Privacy Policy is accessible here. Users who wish to exercise their rights regarding Personal Data collected by Plaid or Dwolla should contact Plaid or Dwolla directly.

Data We Receive From Merchants. Merchants who participate on the Upside platform share with Upside anonymous transaction-level data collected from their customers. When you claim a Cash Back rewards offer through Upside, Upside uses Personal Data that you have shared with Upside, such as the time you claimed the offer and your geolocation data, to locate and verify the transaction in the data feed received from the participating merchant and to identify your purchase history with that merchant. By creating an Upside account and using the Services, you authorize Upside to use your Personal Data to perform this data matching and identify your purchase history.

Methods of Automated Data Collection:‍

In operating the Services, we may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Services gives to your mobile browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features.

We may also collect information related to your use of the Services (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, when and how often you use the mobile application, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics. We use this data to analyze how our users are using the Services and how we can improve and increase the functionality of the Services.

Our Use of Your Personal Data and Other Data:

Upside uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Upside and its agents and service providers may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services. Upside may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. If at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

In addition, Upside conducts research on its customer demographics, interests and behavior based on the Personal Data and other data provided to us, in order to better understand and serve the users of the Services. This research may be compiled and analyzed on an aggregate basis. Upside may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.

If Upside intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Data:

Upside is not in the business of selling or sharing information that we collect. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may provide your Personal Data to certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Agents, Consultants and Service Providers: Upside, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such third party providers include advertising networks, data analytics providers, productivity application providers, cloud storage providers, customer service platforms, and personnel management vendors. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Upside may disclose your Personal Data 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 or enable a third party partner to comply with a legal obligation, (ii) protect and defend the rights or property of Upside, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

For residents of California and Virginia, for the purposes of the California Privacy Rights Act and Virginia Consumer Data Protection Act respectively, we do not sell your Personal Data. For residents of California, for the purposes of the California Privacy Rights Act, we do not share your Personal Data. For residents of Virginia, for the purposes of the Virginia Consumer Data Protection Act, we do not use your Personal Data to engage in targeted advertising. To the extent that Upside collects Personal Data that constitutes “sensitive personal information” or “sensitive personal data” as those terms are defined under California or Virginia law, Upside limits the use of such Personal Data only to the uses necessarily to perform the Services. Please note that we may share Personal Data in connection with a Business Transfer, as described above.

Your Choices:

You can visit the Site without providing any Personal Data. If you wish to use the Services, it is necessary to provide certain Personal Data such a login information to create an account and transaction information to accept Cash Back rewards offers. As outlined above, certain Personal Data is integral to enabling certain features of the Services.

If you choose not to provide certain Personal Data, you may not be able to use all features of the Services. This includes referral bonuses that Upside offers in exchange for sharing your personal contacts so that Upside can offer its Services to other users.

Exercising Your Rights Regarding Your Personal Data:

We may offer you choices that affect how we handle the Personal Data that we control. Consistent with the laws that may apply to your place of residence, you may request the following in relation to your Personal Data:

Information: You may request information about how we have collected and used your Personal Data. We have made this information available to you without having to request it by including it in this Privacy Policy.

‍Access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

‍Withdrawal of Consent: In circumstances where you have provided your consent to the collection, processing and transfer of your Personal Data for a specific purpose, you have the right to withdraw consent for that specific processing at any time.

‍Objection/Restriction: You may also ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest its accuracy or object to us processing it. If you exercise your rights, we will respect your decision in accordance with our legal obligations.

‍Correction: You may request the correction of Personal Data that is inaccurate or out of date.

‍Deletion: You may request the deletion of Personal Data that we no longer need to provide the Services or for other lawful purposes.

Upside will not discriminate against you for exercising either of these rights. However, a request to delete your Personal Data will include the deletion of your login credentials, and thus your Upside account, which will prevent you from continuing to use the Services.

To exercise your rights regarding your Personal Data, the following methods are available:

From a mobile device with the Upside application installed, click this link;
Access the Help Center in the Upside application and select “Submit a Privacy Request,” under the “Consumer Privacy” heading; or
Email privacy@upside.com with the subject line PRIVACY REQUEST. Please indicate in the text of the email whether you are requesting the disclosure and/or deletion of Personal Data and your state of residence.

In addition, to process or request the correction of your Personal Data, the following method is available:

From a mobile device with the Upside application installed, click on your user Profile (then press edit) or your Wallet (incorrect credit cards or debit cards may be deleted by swiping left).

If you submit a privacy request, Upside will endeavor to verify and complete your request in a timely fashion, including within the legally required response time or less. Upside may require additional information from you for verification purposes. In accordance with applicable law, Upside will require you to re-enter your login credentials in the mobile application prior to our handling of your request regarding your Personal Data. If we cannot verify your identity, we will not process your request regarding your Personal Data.

Where permitted by applicable laws and regulations, you may also submit a request regarding your Personal Data through an authorized agent. If you do so, the agent must present signed written permission from you to act on your behalf and you may also be required to independently verify your identity with us.

Children:

Upside prohibits the use of the Services by anyone under the age of 16 years. Accordingly, we do not knowingly collect Personal Data from children under the age of 16. If you are under the age of 16, you may not create an Upside account or submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet and mobile device usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 16 has created an Upside account or provided Personal Data to Upside through the Services, please contact us, and we will endeavor to delete that account and/or information.

Exclusions:

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by Upside (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Upside endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Integrating Social Networking Services:

One of the special features of the Service is that it allows you to enable or log in to the Services via various social networking services like Google, Facebook or Twitter (“Social Networking Service(s)”). By directly integrating these services, we make your online experiences richer and more personalized. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant Social Networking Service. When you add a Social Networking Services account to the Service or log into the Service using your Social Networking Services account, we will collect relevant information necessary to enable the Service to access that Social Networking Service and your data contained within that Social Networking Service. As part of such integration, the Social Networking Service will provide us with access to certain information that you have provided to the Social Networking Service, and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed by the policies of such third parties, and Upside shall have no liability or responsibility for the privacy practices or other actions of any Social Networking Services that may be enabled within the Service.

You may also have the option of posting your Services activities to Social Networking Services when you access content through the Services (for example, you may post to Facebook that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any Social Networking Services you have enabled will be able to view such activity.

Security:

Upside takes commercially reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Upside via the Internet.

Changes to Upside’s Privacy Policy:

The Services and our business may change from time to time. As a result, at times it may be necessary for Upside to make changes to this Privacy Policy. Upside reserves the right to update or modify this Privacy Policy at any time and from time to time, by sending a notice to you and other Service visitors and posting a notice on the Site. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after you receive notice of any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Contacting Upside:

Please also feel free to contact us if you have any questions about Upside’s Privacy Policy or the information practices of the Services, including if you need access to our Privacy Policy in a different format.

You may contact us as follows:

Email support@upside.com; or
Access the Help Center in the Upside application and click the blue pen icon in the upper right hand corner to initiate a conversation.

Privacy Policy

CATEGORIES AND SOURCES OF PERSONAL DATA COLLECTED
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Personal Data we receive from you:
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Personal Data collected automatically through your use of our Services:
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Other sources from which we collect Personal Data:
‍

PERSONAL DATA PROCESSING PURPOSES

‍

Privacy Policy

Our Policy:

Information We Collect:

Our Use of Your Personal Data and Other Data:

Our Disclosure of Your Personal Data and Other Data:

Your Choices:

Exercising Your Rights Regarding Your Personal Data:

Children:

Exclusions:

Integrating Social Networking Services:

Security:

Changes to Upside’s Privacy Policy:

Contacting Upside:

for app users

For Business

Partnerships

Company

Privacy Policy

CATEGORIES AND SOURCES OF PERSONAL DATA COLLECTED ‍

Personal Data we receive from you:‍

Personal Data collected automatically through your use of our Services: ‍

Other sources from which we collect Personal Data: ‍

PERSONAL DATA PROCESSING PURPOSES

‍

Privacy Policy

Our Policy:

Information We Collect:

Our Use of Your Personal Data and Other Data:

Our Disclosure of Your Personal Data and Other Data:

Your Choices:

Exercising Your Rights Regarding Your Personal Data:

Children:

Exclusions:

Integrating Social Networking Services:

Security:

Changes to Upside’s Privacy Policy:

Contacting Upside:

for app users

For Business

Partnerships

Company

CATEGORIES AND SOURCES OF PERSONAL DATA COLLECTED
‍

Personal Data we receive from you:
‍

Personal Data collected automatically through your use of our Services:
‍

Other sources from which we collect Personal Data:
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