Upaknee Inc. (“Upaknee”) provides access to web-based cloud messaging services as defined on the web site upaknee.com (the “Services”). The Services allow registered users to (“Clients’), among other things, send and manage email campaigns. Through the normal course of use of the Services, Clients may import contacts of a mailing list and use the Services to send permission-based messaging to these contacts. All other Website users, including but not limited to Internet users seeking information from web sites administered by Upaknee, are referred to in this document as “Visitors”.
“Contacts” mean individuals a Client may contact through the Services, e.g. anyone on a mailing list or about whom the Client has given Upaknee information about.
“Personal Data” means any information that identifies or can be used to identify a Client, Contact or Visitor, directly or indirectly. Examples of Personal Data include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
The Personal Data that we may collect broadly falls into the following groups:
Upaknee does not, under any circumstances, sell Client Contacts mailing lists.
Upaknee collects and uses Personal Data of Clients, Contacts and Visitors as permitted by law, including for the following purposes:
Upaknee takes reasonable steps to ensure that the data collected by Upaknee is reliable for its intended use, accurate and complete and up to date. Clients can manage information about Contacts within the Services provided by Upaknee. These management rights include the ability to access, correct, update or request deletion of Contacts information. If a Contact’s modification requests are not respected by a Client of Upaknee Services, Upaknee reserves the right to impose sanctions on the Client’s usage. Upaknee requires all Clients of Upaknee Service to include a clearly articulated option to unsubscribe from a subscription or mailing list in all permission-based marketing e-mails. Clients who must comply with Canada’s Anti-Spam Law have specific requirements for their unsubscribe mechanism. A Contact must be able to unsubscribe at any time from a Client mailing list generated by a Client of Upaknee Services. Upaknee reserves the right to impose sanctions or to suspend service to any and all Upaknee Clients who do not conform to these requirements
In addition, individuals who are residents of the European Economic Area can object to the processing of their Personal Data, can restrict such the processing of their Personal Data, or can request portability of their Personal Data. These rights can be exercised by contacting Upaknee using the contact details provided below. If any Contacts wish to exercise this right, they should contact Client directly, or contact firstname.lastname@example.org
If Personal Data is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Data subjects also have the right to complain to a data protection authority about the collection and use of Personal Data.
Upaknee responds to all requests it receives from individuals wishing to exercise their data protection rights in accordance with applicable law. For much of the Personal Data Upaknee collects and processes about Contacts through the Services, Upaknee acts as a processor on behalf of its Clients. In such cases, if a Contact wants to exercise any data protection rights available to such Contact under applicable law or has questions about how its Persona Data is handled by Upaknee as a processor on behalf of an Upaknee Client, the Contact should contact the relevant Contact that is using the Upaknee Services and refer to their separate privacy policies.
If Upaknee receives a request directly from a Client Contact, Upaknee will either direct the Contact to the Client or, if appropriate, respond directly to the request. If as a Contact you no longer want to be contacted by an Upaknee Client through the Upaknee Services, please unsubscribe directly from that Client’s message or contact the Client directly to update or delete your Personal Data. If you contact Upaknee directly, Upaknee may remove or update your information within a reasonable time and after providing notice to the Upaknee Client of your request.
For Clients, Contacts and Visitors from the European Economic Area, Upaknee’s legal basis for collecting and using the Personal data described above depends on the Personal Data concerned the context in which it was collected.Upaknee, however, normally collects and uses Personal Data where the processing is within Upaknee’s legitimate interests and not overridden by a data subject’s data protection interest or fundamental rights and freedoms. Where required by law, Upaknee will collect Personal Data only where Upaknee has consent to do so. For Clients, Upaknee may need the Personal Data to perform the contact. Upaknee may also have a legal obligation to collect certain Personal Data.
Clients and Visitors may opt out to receiving marketing emails from Upaknee at any time by clicking the “unsubscribe” link at the bottom of the marketing messages. Opt-out requests can be made by emailing Upaknee as set forth in the “Questions or Concerns” section set forth below.
Upaknee takes appropriate and reasonable technical and organizational measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alternation, and destruction. All Personal Data provided to Upaknee by Clients in connection with the Services will be stored in a secure database and protected with SSL (Secure Socket Layers). For further information about Upaknee’s security practices, you may contact Upaknee at email@example.com.
Upaknee retains Personal Data where Upaknee has an ongoing legitimate business need or legal need to do so unless a formal request for its destruction is made by the data subject to whom it relates. Retention periods will vary depending on the type of data involved, and with respect to Client data, the contractual provisions related to the retention of such Client data. When there is no ongoing legitimate business need to process the Personal Data, Upaknee will delete such data.
Visitors under 18 years of age are not permitted to use and/or submit their Personal Data to Upaknee. Upaknee does not knowingly solicit or collect information from visitors under 18 years of age.
Upaknee cannot be used for fraudulent purposes, those of an explicit nature or any activity not respecting applicable law. Clients may not use Upaknee for the following: promotion of a pornographic nature, the sale of pirated products or those that do not conform to applicable law, the commercial, promotional or pornographic exploitation of minors, false advertising involving the extortion of a User, non-authorized publicity of an individual or business without official consent, or promotion of web sites involving pirating, terrorism or the posting of information considered illegal in Canada, the U.S. and the European Union. Any Clients of the Upaknee service not conforming to the aforementioned content rules will have their service blocked without warning. Upaknee reserves the right to pursue any Upaknee Client not conforming to these rules so as to protect the integrity of the services offered to its Subscribers, Clients and Users. Clients who must comply with Canada’s Anti-Spam Law have specific requirements for their email content.
Any person wishing to comment or lodge a complaint of non-conformity of Upaknee’s privacy practices with applicable laws is asked to communicate with Upaknee by email at firstname.lastname@example.org
or by mail addressed to:
Data Protection Officer, Upaknee Inc., 147 Liberty Street, Toronto M6K 3G3, Canada.
Complaints or Concerns. Alternatively, complaints may be lodged with the applicable governmental authority. CONTACT US