Policies
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Table of Contents
I. Definitions ⇥
By being a visitor to this website or a user of KeepUp's services, you acknowledge that you understand and agree to the following policies and terms:
I. Definitions
KeepUp Technologies Inc. and our relevant affiliates are referred to as “KeepUp,” “we,” “us,” and “our.” Our websites, including
keep-up.online, are referred to as the “Website.” Our online software-as-a-service platform that include any related solutions provided by KeepUp, together with all related mobile and desktop applications, are collectively referred to as the “Services.”
II. Terms of Use
The KeepUp Terms of Use (the / these “Terms”) explain the relationship between KeepUp Technologies Inc. (“KeepUp”, “we”, “us”, “our”) and you when you (i) access and use keep-up.online and its related domains (together, the “Website”) and / or (ii) use and / or purchase KeepUp’s proprietary software-as-a-service platform and affiliated applications (including all related documentation, updates and upgrades) and any other services offered through the Website (the “Services”). Please read the Terms of Use carefully before using the Website and Services operated by KeepUp Technologies Inc. For purposes of these Terms, “you” and “your” means you as the user of the Service.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services. You acknowledge that these Terms, along with KeepUp’s Privacy Policy, govern your access and use of the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Service.
1. License Grant
The KeepUp Services are owned by KeepUp Technologies Inc. and are licensed, not sold, to you. Subject to your payment of all applicable fees, KeepUp grants you a personal, non-exclusive, non-transferable, limited license to access and use the Services subject to the limitations set forth in these Terms. You acknowledge that our source codes, product information, marketing materials, and other trade secrets embodied in our Services will not be licensed or otherwise disclosed to you, and you do not have the right to sub-license to other people or use it in any other way than how it is outlined in these terms. All rights not expressly granted herein are reserved by KeepUp Technologies Inc.
2. Content
For purposes of these Terms: (i) “KeepUp Content” means data, text, graphics, images, music, software, machine learning models, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service by KeepUp; and (ii) “User Content” means any Content that you provide / import / upload to be made available through the Service (excluding Organization Content). Collectively, KeepUp Content, User Content, and Organization Content are referred to as “Content.”
Content Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, KeepUp and its licensors exclusively own all right, title and interest in and to the KeepUp Content, including all associated intellectual property rights. You acknowledge that the Service and KeepUp Content are protected by copyright, trademark, and other IP laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, as well as other proprietary rights notices incorporated in or accompanying the Service or KeepUp Content.
Rights in User Content Granted by You: By making any User Content available through the Service, you hereby grant to KeepUp a non-exclusive, non-transferable, royalty-free license, with the right to host, cache, store, encrypt, transmit, and reformat, your User Content, solely in connection with operating and providing the Service and KeepUp Content to you and, depending on the permission you grant, to other users, individuals, and / or organizations. Subject to the foregoing license, as between KeepUp and you, you retain any and all of your rights to your User Content. You acknowledge that if you provide Organization Content (as defined below), then the ownership of such Organization Content may be as set forth in any agreement between you and the Organization, and in the absence of such agreement, the Organization may own the rights to any such Organization Content by default.
Your Responsibility for User Content: You are solely responsible for your User Content. You represent and warrant that you own your User Content and you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by KeepUp on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party.
Sharing User Content: You may designate your User Content as “shared” (such as posting User Content to an Organizational space or sharing with your KeepUp connections) or “private”. You agree that User Content you designate as “shared” will be accessible by and be available to other users of the Service to whom you grant access to such designated User Content. Consequently, you understand and agree that such users will have the right to view, comment, and save your shared User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the ability to use, edit, or duplicate such User Content. You grant KeepUp all rights necessary to make any of your designated User Content available to other users of the Service and to permit those users to engage in the activities described in this Section with respect to your designated User Content.
Removal of User Content: You can remove your User Content that you designate as private by specifically deleting it. Additional details with respect to the removal and storage of User Content are set forth in Section 16 (Termination) below.
Rights in Content Granted by KeepUp: Subject to your compliance with these Terms, KeepUp grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, download, view, copy, display and print the KeepUp Content, solely in connection with your permitted use of the Services and solely for your personal purposes.
3. Restrictions on Your Use of the Service
You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our expressed written permission to do so:
A. Input, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, vulgar, obscene, pornographic, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
B. Duplicate, decompile, reverse engineer, disassemble or decode any part of the Service (including any underlying idea or algorithm), or attempt to do any of the same; access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's access to or use of the Service, or use any device, software or routine that can cause the same.
C. Access or use the Services in any manner, including in regards to data storage, in excess of any fair usage limits as determined by KeepUp in its sole discretion.
D. Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service.
E. Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service.
F. Use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, mines, scrapes, or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same.
G. Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful.
H. Use the Service for illegal, harassing, unethical, or disruptive purposes.
I. Violate any applicable law or regulation in connection with your access to or use of the Service.
J. Access or use the Service from any country or region subject to a comprehensive U.S. embargo.
K. Access or use the Service in any way not expressly permitted by these Terms.
4. Accounts
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and / or account. Sharing of your user login or password is prohibited. You accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You may not use the Service if you are 13 years of age or younger. By using the Service, you represent and warrant that you are over the age of 13.
5. Sharing of Content
User Content submitted, uploaded, imported, or modified by users in the Service is organized into separated sections we refer to as “Lists.” There are two general types of Lists on the Service.
Private: Private Lists can only be administered and viewed by the user that created the list. Shared: Shared Lists contain multiple KeepUp users, and the content within which can be viewed by all of the users within the group.
6. Workspace
In the Service, you can work across multiple Workspaces at once, meaning your single account can access your own Personal Workspace and your employer’s Organizational Workspace. Workspaces are completely separate, and you won’t be able to link any Content between them (although you can transfer Content from one Workspace to another). You can also export your User Content from your Workspaces for use outside of the Service.
Users that join an "Organizational Workspace” agree that their data and content created in that Workspace may be shared with the Organization and may be accessed, modified, or deleted by the Workspace administrator. Further, you understand and agree that if you register for KeepUp with an email address that is provisioned by an Organization (“Organization Email”), you agree that such Organization may be able to view information about any Workspace you create, including a list of your Workspace members, guests, and User Content. Such an Organization may have the ability to manage your Workspaces, including to claim control and ownership of any Workspace you created or for which you are an administrator and any User Content within such Workspaces.
If you join an Organizational Workspace, your use must comply with that Organization’s policies and any agreement that you may have with that Organization. Organizational Workspaces are subject to such Organization’s control. Administrators may be able to access, disclose, restrict, or remove Content in or from the Organizational Workspace. They may also be able to restrict or terminate your access to the Organizational Workspace.
7. Interacting with Organizational Workspaces
An Organization may (i) invite you to use or permit you to use their Organizational Workspace and / or (ii) invite you to join the Service as their Organization User. As stated in the “Content” section of these Terms, if you submit or post Content to an Organizational Workspace (such Content is referred to as the “Organization Content”), then as between you, KeepUp, and such Organization, the Organization will own all rights to such Content. For the avoidance of doubt, the foregoing does not prevent you from entering into a separate agreement between you and the Organization that addresses ownership of Content as between you and such Organization.
Organizations are authorized to add and remove users from their Organizational Workspaces. Users that have been authorized to use an Organizational Workspace of the Service by an Organization are referred to as an “Organization User” while they are using such Organization Workspace. If you, the user, purchased an Organization Subscription on behalf of your organization or employer, your organization or employer is the Organization, and not you. The Organization can modify and re-assign roles on the Organizational Workspace (including your role). If the Organization elects to replace you as the representative with ultimate authority for the Organizational Workspace, you agree to take any actions reasonably requested by us or the Organization to facilitate the transfer of authority to a new representative of the Organization.
If you are using an Organizational Workspace as an Organization User, you agree and acknowledge that the Service as used by you under such circumstances is a work place tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such use of our Service as an Organization User.
8. Subscriptions
Some parts of the Service, including contact capacity, relationship action item capacity, certain functionalities, sharing capacity, add-ons, extensions, are made available only on a paid subscription basis ("Subscription(s)"). Pricing and included features for the Subscriptions (“Subscription Plan(s)”) are set forth on the Website. “Subscription Fees” means all fees associated with your Subscription. Additional terms (“Supplementary Terms”) may apply to the Subscription you purchase or when you enable certain features. When Supplementary Terms apply, we will present these terms to you prior to purchase or when you enable such a feature.
You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly or yearly basis. Whether you are using monthly or yearly billing, your account may be charged on a monthly basis.
Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel your Subscription prior to your renewal date.
A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide KeepUp with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize KeepUp to charge all Subscription Fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, KeepUp may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be, at KeepUp’s sole discretion, canceled or downgraded and you may lose access to certain paid features. You may cancel your Subscription either through your online account management page or by contacting KeepUp customer support team and indicating your intention to cancel your Subscription.
9. Fees and Fee Changes
KeepUp, in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions, including fees for add-ons and integrations. Any Subscription Fee change will become effective at the end of the then-current Billing Cycle.
KeepUp will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.
Subscription Fees are stated exclusive of any required taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you need to reimburse us for such withholding tax.
10. Free Trial
KeepUp may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). If you are on a Free Trial, you may cancel at any time until the last day of your Free Trial by following the cancellation procedures outlined in the Subscription section. If you or KeepUp cancel your Free Trial, you acknowledge and agree that we may delete all of your User Content or data associated with the Workspace that was assigned to your Free Trial. If you do not cancel your Free Trial, then your Free Trial will be converted to a paid Subscription at the end of the trial period, and you hereby authorize us to charge your credit card or other payment method for continued use of the paid Service under such Subscription. Thereafter your Subscription may be canceled in accordance with the Section 8 of these Terms.
At any time and without notice, KeepUp reserves the right to (a) modify the terms and conditions of any Free Trial offer; (b) cancel any Free Trial offer; or (c) cancel any Free Trial Subscription at any time.
11. Refunds
Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used Subscription periods.
12. Communications from KeepUp
By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
13. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claims that materials posted in the Service infringe on the copyright of any person or entity.
14. Intellectual Property
The Service as well as its Content (excluding User Content and Organization Content), features, and functionality are and will remain the exclusive property of KeepUp and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of KeepUp.
15. Feedback
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service. All Feedback becomes the sole and exclusive property of KeepUp, and KeepUp may use and disclose Feedback in any manner and for any purpose without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to KeepUp any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
16. KeepUp Auto-Population for “Profile” and “Update Tracker”
KeepUp automatically populates information for “Profile” and “Update Tracker,” on set frequencies, once you have input any links or URLs in the corresponding fields in “Profile” and “Update Tracker.” By inputting such links or URLs for KeepUp to auto-populate information, you acknowledge that you are the responsible party that initiates such actions of internet public scraping, and you agree that you take full responsibility for any legal consequences entailed with such actions. KeepUp is only the provider of such technology, and the Service by itself does not conduct any internet public scraping. By using this functionality included in the Service, you understand that you are aware of and following local laws applicable to internet public scraping, and KeepUp does not take any legal consequences for your actions or intent. You acknowledge and agree that KeepUp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your action outlined in this section.
17. Termination
KeepUp always maintains the right to terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. In particular, if we noticed that you are using KeepUp for any unauthorized purposes, we may instantly terminate your account without prior notice or liability.
You may request to delete your account at any time within the account management page. Upon your request to delete your account, all Content from your Personal Workspace will immediately become inaccessible. After 30 days, User Content will be deleted from our servers and can no longer be recovered. Similarly, if you delete some (but not all) of the User Content designated as private on your Personal Workspace, after 30 days, such User Content will be deleted from our servers and can no longer be recovered. You acknowledge and agree that any User Content that has been transferred to an Organizational Workspace shall be retained in such Organizational Workspace following termination of your Personal Workspace.
18. Indemnification
You agree to defend, indemnify and hold harmless KeepUp and all its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.
19. Limitations of Liability
In no event shall KeepUp, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable to you for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, goodwill, or other intangible losses, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. KeepUp’s total aggregate liability arising out of or relating to your use of the service and these terms is limited to the greater of (i) $20 USD; or (ii) one hundred percent (100%) of any amount you’ve paid for your subscription in the preceding twelve (12) month period.
20. Disclaimer
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. The service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
KeepUp, its subsidiaries, its affiliates, and its licensors do not warrant that (a) the service will function uninterrupted or be available at any particular time or location; (b) any errors or defects will be immediately corrected; (c) the results of using the service will meet your requirements.
21. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages set forth in the “Limitation of Liability” and “Disclaimer” sections above, so the limitations above may not apply to you.
22. Governing Law
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions or by the JAMS Rules in the case or arbitrations as outlined below.
23. Arbitration and Class Action Waiver
Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of KeepUp’s services, including the Service, will be resolved by arbitration. You and KeepUp agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS (the “JAMS Rules”) under its Comprehensive Arbitration Rules and Procedures then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and KeepUp are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and KeepUp will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to support@keep-up.online. The notice must be sent to KeepUp within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, KeepUp also will not be bound by them.
24. California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
25. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms, including any Supplementary Terms, at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
26. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
27. Entire Agreement
These Terms constitute the entire agreement between you and KeepUp regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
28. Survival
All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
III. Privacy Policy
KeepUp Technologies has updated its Privacy Policy effective March 1, 2023. This policy describes how it collects, uses, and shares you’ personal information. It also explains you’ choices surrounding how KeepUp uses their personal information, which include how they can object to certain uses of the information and how they can access and update certain information.
1. Personal Information We Collect
We collect personal information when you provide it to us, when you use our Website or Services, and when other sources provide it to us, as further described below.
A. Information You Provide to Us: Account Creation: When you create an account or otherwise use the Services, we collect information such as you’ name, email address, and password. Your Communications with Us: We collect personal information from you such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us. We also collect the contents of messages or attachments that you may send to us, as well as other information you choose to provide, and that may be associated with you’ communications. Payment Information: When you purchase a subscription to the Services, we will collect payment information allowing you to pay us. We use third-party payment providers to process payments on the Services. We may receive information associated with you’ payment information, such as billing address and transaction information, but we do not directly store payment information on the Services. Surveys: We may contact you to participate in surveys. If you decide to participate, they may be asked to provide certain information which may include personal information. Interactive Features: We may offer interactive features such as chat, messaging, and social media pages in our Services. We collect these information but do not share it with any other third-party nor commercialize it. In these interactive features, you’ personal information provided would not be viewed and used by third parties for their own purposes. Job Applications: We may post job openings and opportunities on the Website or Services. If you reply to one of these postings by submitting their application, CV and / or cover letter to us, we will collect and use the information to assess qualifications.
B. Information Collected Automatically: Automatic Data Collection: We keep track of certain information about you when they visit and interact with our Website or Services. This information may include Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about you’ browser, operating system or device, location information (including inferred location based off of the IP address), Internet service provider, information about the links you click, information about how you interact with the Website or Services, including the frequency and duration of activities, and other information about how you use the Website or Services. Cookies: We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies to automatically collect information through the Website or Services.
C. Information from Other Sources: We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Website or Services through a third-party application, such as a social networking site or a third-party login service, we may collect information about you from that third party that they have made available via their privacy settings.
2. How We Use Personal Information
We do not sell your personal information. We do not share any personal information with third parties for them to market or advertise their products to you. We use personal information for a variety of functionality-based purposes, including to:
A. Provide the Services or Requested Information, such as: Fulfilling our contract Identifying and communicating with you, including providing them with newsletters and marketing materials Managing user information Processing payments and otherwise servicing you’ purchase orders Responding to questions, comments, and other requests Providing access to certain areas, functionalities, and features of our Services Answering requests for customer or technical support.
B. Serve Administrative and Communication Purposes, such as: Pursuing legitimate interests, such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention Sending communications about new product features, promotions, strategic partners, and other news Measuring interest and engagement in our Services, including analyzing you’ usage of the Services Developing new products and services and improving the Services Ensuring internal quality control and safety Authenticating and verifying individual identities Carrying out audits Communicating with you about their account, activities on our Services, and Privacy Policy changes Preventing and prosecuting potentially prohibited or illegal activities Enforcing our agreements Complying with our legal obligations.
C. Facilitating Collaboration in a Shared Folder: If you join a Shared Folder owned by another user or organization, or collaborate with other you on KeepUp, KeepUp may share basic information about them such as their name, email address, profile picture, Folder name and Folder ID with the other you or organizations.
D. Managing Shared Folders for Organizations: If you register an account with an email address provisioned by an organization, we may share information about the you and any folders owned or managed by the you with you’ organization. Such information could include name, email address, and profile picture, as well as the Folder name, Folder ID, membership size, creation date of the Folder, email address, and content within the Folder with their organization. If you registered to use the Services with such an email address, but they do not use the Services in connection with their organization and do not wish for this information to be shared with their organization, they may transfer their account to a different email address.
E. Marketing of Products and Services: We may use personal information to tailor and provide you with content and advertisements. If they have any questions about our marketing practices or if they would like to opt out of the use of such personal information for marketing purposes, they may contact us as set forth below.
F. Consent: We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
G. De-identified and Aggregated Information Use: We may use personal information and other data about you to create de-identified and / or aggregated information. De-identified and / or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.
H. How We Use Automatic Collection Technologies: Our uses of cookies and other technologies fall into the following general categories: Operationally Necessary Performance Related Functionality Related Advertising or Targeting Related.
3. Disclosing Your Information to Third Parties
We may share your personal information with the following categories of third parties:
A. Service Providers: We may share any personal information we collect about you with our third-party service providers. The categories of service providers to whom we entrust personal information include service providers for: The provision of our Services The provision of information, products, and other services you have requested Payment and transaction processing Customer service activities The provision of IT and related services.
B. Business Partners: We may provide personal information to business partners to provide you with a product or service you have requested. We may also provide personal information to business partners with whom we jointly offer products or services.
C. Affiliates: We may share personal information with our affiliated entities.
D. We may share your personal information with other third parties, including other you, in the following circumstances: Shared Folders Accessible by Other than You: When you submit personal information in a shared folder that can be accessed by others, such personal information may be displayed to other you in the same folders. For example, personal information included in Notes and other action items may be viewed by other you who are collaborating in that folder. Further, user email address or photo may be displayed to other you collaborating with in that folder.
E. Share Content with Friends or Colleagues: Our Services may allow you to provide information about their friends, and may allow them to forward or share certain content with a friend or colleague, such as an invitation email.
F. Disclosures to Protect Us or Others: We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: Comply with law enforcement or national security requests and legal process, such as a court order or subpoena Protect your, our, or others’ rights, property, or safety Enforce our policies or contracts Collect amounts owed to us Assist with an investigation and prosecution of suspected or actual illegal activity.
G. Disclosure in the Event of Merger, Sale, or Other Asset Transfer: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and / or contract.
4. International Data Transfers
All information processed by us will be stored in the United States and we do not transfer your data internationally to other countries. We will safeguard user information consistent with the requirements of applicable laws.
5. Your Choices
A. General: You may have the right to object to or opt out of certain uses of their personal information. Where you have consented to the processing of their personal information, they may withdraw that consent at any time by contacting us as described below. Even if they opt out, we may still collect and use non-personal information regarding your activities on our Services and for other legal purposes as described above.
B. Email Communications: If you receive an email from us and do not want to receive future emails from us, they can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that they will continue to receive transaction-related emails regarding products or services they have requested. We may also send you certain non-promotional communications regarding us and our Services, and they will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Policy).
C. Mobile Devices: We may send you push notifications through our Apps. You may at any time opt out from receiving these types of communications by changing the settings on their mobile device. With their consent, we may also collect precise location information if they use our Apps. You may opt out of this collection by changing the settings on their mobile device.
D. “Do Not Track”: Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and Service that you do not wish such operators to track certain of your online activities over time and / or across different websites. If your browser is set to “Do Not Track”, KeepUp Technologies will attempt to honor this functionality. However, our third party service providers may use their own cookies, pixel tags, web beacons or other storage technology to collect and store Log Data or information from elsewhere on the internet, and we do not have access to, nor control over, a third parties’ use of cookies or other tracking technologies.
E. Cookies: You may stop or restrict the placement of cookies and other technologies on your device. We provides settings for you to update your preferences in our Services. These settings can be found in the footer of our website. If you have an account and are logged in to the Services, you can access your Cookie settings in the Settings section.
6. Your Privacy Rights
Depending upon your location and in accordance with applicable laws, you may have the right to:
A. Access personal information about you consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic personal information transferred to another party.
B. Request correction of your personal information where it is inaccurate or incomplete.
C. Request deletion of your personal information, subject to certain exceptions prescribed by law.
D. Request restriction or object to processing of your personal information. If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request, such as by requiring you to submit your request via your account.
7. Data Retention
We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purposes for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
8. Security of Your Information
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure. By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an email to you.
9. Third-Party Websites / Applications
The Services may contain links to other websites / applications and other websites / applications may reference or link to our Services. These third-party services are not controlled by us. We encourage you to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices of such other websites or applications.
10. Children’s Information
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
11. Supervisory Authority
If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
12. California Privacy Notice
This Privacy Notice applies to California consumers and supplements the Privacy Policy. We do not disclose your personal information to any third party in a manner that would be considered a sale under the California Consumer Privacy Act (CCPA).
IV. Data Protection
Relationships are a private part of our lives. So how does KeepUp protect your privacy and ensure you a safe and secure experience? We are committed to data protection practices that keep your data safe, here we outline our security practices:
→ Data Encryption:
KeepUp encrypts your data aligning with industry-tested and accepted standards. We use TLS 1.2 to encrypt network traffic between your browsers and the KeepUp service platform. We also use AES-256 bit encryption to secure your database connection credentials and data stored at rest.
→ Secure Infrastructure:
KeepUp uses Amazon Web Services (AWS) data centers for hosting. AWS is a subsidiary of Amazon (NASDAQ: AMZN), and its data centers are monitored by 24×7 security, biometric scanning, video surveillance and more.
→ Security Training:
All KeepUp developers complete ongoing security training, including topics like information security, data privacy, and password security. KeepUp maintains vendor risk management practices to ensure third parties are scrutinized and maintain expected levels of security controls.
V. Cookie Notice
This Cookie Notice explains how KeepUp Technologies, Inc. uses cookies, pixel tags, local storage, and other similar technologies (collectively referred to as “Cookies”) to recognize you when you visit our public website at (the "Website"), and KeepUp’s online software-as-a-service platform, together with all related mobile and desktop applications (collectively, “Services”). It explains what these technologies are and why we use them, as well as your rights to control our use of them.
1. What are Cookies?
Cookies are small text files that are placed on your computer or mobile device when you visit a website. Cookies contain information that can later be read by a web server in the domain that issued the Cookie. Owners of a website can use Cookies for a variety of reasons that can include enabling their websites to work (or work more efficiently), providing personalized content and advertising, and creating website analytics. Cookies are typically classified as either “session cookies” which are automatically deleted when you close your browser, or “persistent cookies” which will usually remain on your device until you delete them or they expire. Cookies set by the website owner (KeepUp) are called "first party cookies". Only KeepUp can access the first party cookies we set. Cookies set by parties other than the website owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and social sharing). The parties that set these third party cookies can recognize your device both when it visits the website in question and also when it visits other websites that have partnered with them.
In addition to cookies, we may use other similar technologies like web beacons (sometimes called "tracking pixels" or "clear gifs") or local storage. Web beacons are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Services or opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Services to another, to deliver or communicate with cookies, to understand whether you have come to our Services from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. Local storage enables a website or application to store information locally on your device(s) in order to enable certain functionality in our Services. Local storage may be used to improve your experience with our Services, for example, by enabling features, remembering your preferences, and speeding up site functionality.
2. Why does KeepUp use Cookies?
We use Cookies for several reasons. Some Cookies are required for technical reasons that are essential for our Services to operate and to provide user-requested functionality; we refer to these as "Strictly Necessary" Cookies. The specific types of first and third party Cookies served through our Services and the purposes they perform are described below:
Essential Cookies: Strictly Necessary Cookies are essential to provide you with services available through our Website and Services. Because these Cookies are strictly necessary to deliver the Website and Services to you, they cannot be switched off in our systems. You can set your browser to block or alert you about these Cookies, but some parts of the Website or Services will then not work.
Functional Cookies: These cookies enable us to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly. These Cookies are not used in our mobile apps.
Analytics Cookies: These Cookies allow us to count visits and traffic sources so we can measure and improve the performance and functionality of our site. They help us know which pages are the most and least popular and see how visitors move around the site. If you do not allow these Cookies we will not know when you have visited our site in order to monitor performance. These Cookies are not used in our mobile apps.
Marketing Cookies: These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising. KeepUp may use advertising cookies to assist us in attributing your creation of an account with marketing or advertising campaigns you may have interacted with, for example, where a KeepUp partner provides an affiliate link that you click on to reach our Website. These Cookies are not used in our mobile apps.
3. How can you control Cookies?
You have the right to decide whether to accept or reject Cookies. KeepUp provides settings for you to choose your Cookie preferences in our Website and Services. These settings can be found in the footer of our Website. For non-logged-in users, you can also control the use of cookies at the browser level, by setting your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Website and Services, though your access to some functionality and areas of our Website and Services may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information. In addition, most advertising networks offer you a way to opt out of targeted advertising.
4. How often will we update this Cookie Notice?
We may update this Cookie Notice from time to time in order to reflect, for example, changes to the Cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Notice regularly to stay informed about our use of cookies and related technologies.