Effective Date: 03/23/2025
PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.
UP, Inc. (COMPANY) understands how important the privacy of personal information is to our users. This Privacy Policy will tell you what information we collect about you and about your use of COMPANY and its services. It will explain the choices you have about how your personal information is used and how we protect that information. We urge you to read this Privacy Policy carefully.
This Privacy Policy applies to websites and mobile applications owned and operated by COMPANY that are intended for use by consumers (non-professionals) for non-commercial personal, family or household purposes and all social media related professionals and businesses, including ScrollHappy.com and including the mobile optimized versions of these sites and our Mobile Device Applications or "Apps" (we refer to these sites and Apps collectively as the “COMPANY Sites”). We refer to the COMPANY Sites and Apps, along with the information and services made available to you through the COMPANY Sites and Apps, as the “Services.”
Except where noted, statements in this Privacy Policy with respect to the COMPANY Sites also apply to the Apps. If you do not want us to collect, use or disclose information about you and your use of the Services as described in this Privacy Policy, then you should not use the Services. By using the Services, you must agree to the COMPANY Terms of Use, which is the contract between us and users of the Services. By accepting the COMPANY Terms of Use, you confirm that you have read and understand this Privacy Policy and you acknowledge that we will store, use and otherwise process your information in the United States where we are located.
References to "COMPANY," “we” or “us” mean UP, Inc., including any company that UP, Inc. controls (for example, a subsidiary that UP, Inc. owns). COMPANY may share information among its subsidiaries or websites that it owns or controls, but information collected under this Privacy Policy is always protected under the terms of this Privacy Policy. Except as otherwise noted in this Privacy Policy, UP, Inc. is the data controller responsible for the processing of your personal information as described in this Privacy Policy.
Information Collected About You
Some of our Services do not retain your personal information, while others store your personal information in accordance with this Privacy Policy. Even if you do not register with or provide any personal information to COMPANY, we collect information about your use of the COMPANY Sites and Apps and the Services. We may also acquire information about our users from external sources.
When you use the Services, we collect information as follows:
While you may use some of the Services without registering, certain Services do require that you register with COMPANY for them to function properly. If you choose to register or update an existing account with COMPANY or access certain Services, you may be required to provide certain personal information, such as your name, address, telephone number, gender, email address and date of birth, and a username and password to access your COMPANY account. You are responsible for ensuring the accuracy of the personal information that you submit to COMPANY.
COMPANY User Profile provides you with a secure place to gather, store, manage and share your personal information and provides tools and services to better manage your social media experience. You are required to register with COMPANY to use the UP social media platform. COMPANY has the ability to use information that you provide to send you personalized emails or secure electronic messages. However, COMPANY does not allow any third parties to gather any data about you in connection with your use of the COMPANY Site including through the use of cookies and other tracking technologies.
At registration and at various times as you use the COMPANY Site, you will be given the option of providing us with personal information in order to receive informational/promotional newsletters - such as a newsletter relating to a specific event or influencer - via email from COMPANY and/or directly from third parties. From time to time COMPANY may offer users of third-party websites the opportunity to subscribe to our newsletters through those websites. If you elect to subscribe to one of our newsletters on a third party website, the operator of that website will provide us with the personal information you have provided in connection with the subscription request, which we may use in accordance with this Privacy Policy as though you had provided it directly to COMPANY.
If you use our “Share” service to tell a friend about a feature on a COMPANY Site or a newsletter, we will ask you for your name, your email address and your friend's email address. We will automatically send your friend a one-time email inviting him or her to visit the site using your name and email address as the "from" email address. COMPANY does not use your friend's email information for any other purpose. We will only use the information you provide to send the requested email or a link to specific content to your friend.
If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please use the Contact Us link provided at the bottom of every page of the COMPANY Sites.
From time to time, COMPANY may conduct online research surveys on behalf of itself and third parties through email invitations, pop-up surveys and online focus groups. When participating in a survey, we may require you to provide your location, age and if there’s a sweepstakes associated with the market research survey, your name and contact information for purposes of sweepstakes administration. The information you submit in a survey may be used by COMPANY for research and measurement purposes, as described below, including to measure the effectiveness of content, advertising or programs. The personal information you provide in connection with a sweepstakes entry will be used for the sole purpose of administering the sweepstakes and as required by applicable law.
In connection with the use of our Services, users are able to submit provider reviews. Our Comments feature is open to the public and should not be considered private.
Any information (including personal information) you share, or other forum is by design open to the public and is not private. You should think carefully before posting any personal information in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines.
This Privacy Policy does not apply to information, content, business information, ideas, concepts or inventions that you send to UP by email. If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them in an email to UP.
When you access and use the Services, UP automatically collects and stores in its server logs information from your browser or mobile device such as your IP address or unique device identifier, browser information (including referring URL), your preferences and settings, cookies and information about the content you have viewed and actions taken (e.g., search queries, ad engagement, third-party content engagement, clicks and the associated dates and times). UP may also collect device-specific information when you install and use an App including your device model, operating system information, advertising ID (which is a unique, user-resettable identification number for advertising associated with a mobile device) and App version and usage information. When enabled by you, we collect precise location information provided by your mobile device, which you may disable through the device settings.
When enabled by you, we collect precise location information provided by your mobile device. We do so to provide you more relevant content including advertising based on your location. You may disable the collection and use of your location data through your device settings. To change location settings on your device, please refer to your device’s official knowledge base.
2. Cross-Device Tracking
We and our service providers collect and store information about users' interactions with unaffiliated websites and applications that use our technologies, including cookies and similar tracking technologies. This allows us to infer the presence of a common user or household behind multiple devices. We do so in order to:
For information on your advertising choices and opt-out, please see the "Your Choices and Rights" section of this Privacy Notice.
3. How Information Collected About You Is Used
Information about your use of the Services may be used for the following purposes:
In addition, COMPANY may use personal information about you for other purposes that are disclosed to you at the time we collect the information and/or with your consent.
COMPANY may combine your personal information and other information collected about your use of the Services, and supplement with information from external sources for the purposes described in this Privacy Policy. For example, information that COMPANY collects about you may be combined by COMPANY with other information available to COMPANY through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user of the COMPANY Sites, to our current or prospective advertisers and other business partners.
4. Sharing Your Information
We may share your information with our subsidiaries, affiliates and companies acquired by or merged with us and our affiliates. In the event of a corporate change in control resulting from, for example, a sale to, or merger with, another entity, or in the event of a sale of assets or a bankruptcy, COMPANY reserves the right to transfer your personal information to the new party in control or the party acquiring assets. In the event of such a change, your personal information will continue to be treated in accordance with this Privacy Policy unless any changes to the Privacy Policy are made in accordance with the section below that discusses “Changes to This Privacy Policy.”
COMPANY works with third party companies and contractors that help us provide the Services and to otherwise assist in the operation of the COMPANY Sites and Apps, including those that provide services relating to technology, data analysis, research, email management and deployment, sweepstakes and contest administration, advertising and marketing and/or content. COMPANY contractors sometimes have limited access to your information while providing products or services to COMPANY. We contractually require that our contractors not use or disclose your information for any purpose other than providing the limited service or function for COMPANY.
We may share information that we have about you, such as a cookie ID or IP address, with third party advertising service providers who may use this information, on our behalf, to help COMPANY deliver advertising on the COMPANY Sites as well as on third party websites, as further described in our Cookie Policy.
Certain content, services and advertisements offered to you through the COMPANY Sites are served on, or contain links to, websites hosted and operated by a company other than COMPANY ("Third Party Websites"). COMPANY does not share your personal information with these Third Party Websites without your consent, but you should be aware that any information you disclose to these Third Party Websites once you access these Third Party Websites is not subject to this Privacy Policy. COMPANY does not endorse and is not responsible for the privacy practices of these Third Party Websites. You should review the privacy policy posted on the Third Party Website to understand how that Third Party Website collects and uses your information. COMPANY makes an effort to make it obvious to you when you leave a COMPANY Site and enter a Third Party Website, either by requiring you to click on a link or by notifying you on the COMPANY Site before you visit the third party site. In addition, if you see a phrase such as "Powered by" or "in association with" followed by the name of a company other than COMPANY, then you are on a website hosted by a company other than COMPANY. When you use a co-branded service (a service operated with a partner of COMPANY), or register or otherwise provide information on a co-branded site, where applicable, we may pass the collected information back to that partner, which may include third party service providers whose services are embedded into and/or appear within the Services.
We may also include social widgets on the COMPANY Sites which enable you to interact with the associated social media services, e.g., to share an article. These widgets may collect browsing data which may be received by the third party that provided the widget and are controlled by these third parties. You may be able to manage your privacy preferences directly with the applicable social network platform.
To cooperate with government and law enforcement officials and private parties to enforce and comply with law, we may release personal information to third parties: (1) to comply with legal requirements such as a law, regulation, search warrant, subpoena or court order; (2) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; or (3) in special cases, such as in response to a physical threat to you or others, to protect property or defend or assert legal rights. In addition, we may disclose personal information as described below.
5. How Your Information is Secured and Retained
We take reasonable security measures to protect the security of your personal information. Despite COMPANY's efforts to protect your personal information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.
The security of your personal information is important to us. When you enter personal information (including personal health information in various Services), we encrypt the transmission of that information or use SSL connections (Secure Socket Layer) technology.
We will retain your personal information for as long as your account is active or as needed to provide you Services. At any time you can remove your personal information or instruct us to remove it, but you should be aware that it is not technologically possible to remove each and every record of the information you have provided to COMPANY from our servers. See “Your Choices and Rights” below for more information on how you can update or remove your personal information. We will also retain your personal information as necessary to comply with legal obligations, resolve disputes and enforce our agreements.
6. Your Choices and Rights
If you do not want your personal information used by COMPANY as provided in this Privacy Policy, you should not use the COMPANY Sites, Apps and Services. You can correct, update or review personal information you have previously submitted by going back to the specific Service, logging-in and making the desired change. You can also update any personal information you have submitted by contacting us using the contact information listed below or through the Contact Us link provided at the bottom of every page of the COMPANY Sites.
If you have registered and desire to delete any of your registration information you have provided to us from our systems please contact us using the contact information listed below in the “Contacting COMPANY About Your Personal Information or Privacy” section or through the Contact Us link provided at the bottom of every page of the COMPANY Sites. Upon your request, we will delete your registration information from our active databases and where feasible from our back-up media. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to the COMPANY Sites from our servers.
When you sign up to receive email communications for any of our Services, including our email newsletters, or at any time, you can choose to opt out of receiving additional newsletters or other email communications from COMPANY or our advertisers or sponsors.
You can unsubscribe from an email newsletter by:
If you decide that you would prefer not to receive personalized email or secure electronic messages from COMPANY, you may also "Opt-out" of the Service by following the unsubscribe instructions included in each email.
All promotional emails that COMPANY sends with opportunities from COMPANY or with offers or informational materials from COMPANY on behalf of our sponsors will contain an opportunity to unsubscribe from getting additional emails of that type in the future from COMPANY unless you re-subscribe.
7. Children
We are committed to protecting the privacy of children. The COMPANY Sites are not designed or intended to attract children under the age of 13. The COMPANY Sites do not collect personal information from any person we actually know is under the age of 13. A parent or guardian, however, may create a COMPANY My Page profile to establish a personal health record for a minor. The parent or guardian is solely responsible for providing supervision of the minor's use of COMPANY . The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through COMPANY for the minor.
8. Note to Users Outside of the United States
COMPANY and our technical infrastructure are located in the United States. The personal information that you provide to us is stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that in order to provide the Services to you, we must transfer your personal information to the United States where it will be stored and processed in accordance with this Privacy Policy. We may transfer your information outside the United States to service providers with operations in other countries. By using the Services, you consent to such collection, storage and processing in the United States and elsewhere, though the United States and other jurisdictions may not afford the same level of data protection as considered adequate in your own country. We will take reasonable steps to protect your personal information. Note that your personal information may be available to the United States government or its agencies under legal process made in the United States.
9. Additional Information for COMPANY’s Visitors from the European Economic Area (“EEA”)
When you use the Services, we collect, store, use and otherwise process your personal information as described in this Privacy Policy. We rely on a number of legal bases to process your information, including where: (i) necessary for our legitimate interests in providing and improving the Services including offering you content and advertising that may be of interest to you; (ii) necessary for our legitimate interest in keeping the Services, Sites and Apps safe and secure; (iii) necessary for the legitimate interests of our service providers and partners; (iv) necessary to perform our contractual obligations in the COMPANY Terms of Use; (v) you have consented to the processing, which you can revoke at any time (however a revocation does not affect the lawfulness of processing of your personal data that occurred prior to the date of revocation); (vi) you have expressly made the information public, e.g., in public forums; (vii) necessary to comply with a legal obligation such as a law, regulation, search warrant, subpoena or court order or to exercise or defend legal claims; and (viii) necessary to protect your vital interests, or those of others.
If you are a COMPANY user in the EEA, you can: (i) access personal information we have about you (we will try to provide information within 30 days of your request); (ii) have your personal information corrected or deleted (in most cases you can correct personal information you have submitted to us by going back to the specific Service, logging-in and making the desired change); (iii) in certain circumstances, you can object to our processing of your personal information and we will discontinue such processing unless we have compelling legitimate grounds to continue; (iv) withdraw consent previously provided (however a withdrawal does not affect the lawfulness of processing of your personal data that occurred prior to the date of withdrawal); or (v) if you believe that we have not complied with applicable data protection laws, you may lodge a complaint with your local supervisory authority. If you wish to inquire as to whether we maintain any of your personal information and if so, whether you wish to exercise any of those rights that are available to you with respect to such personal information, you may contact us at hello@upapp.us. We will respond to your request within a reasonable timeframe.
Where we process your personal information for direct marketing purposes, you can opt-out through the unsubscribe link in the email communications we send to you, by changing your subscription preferences in your account settings or as otherwise specified in this Privacy Policy.
We will retain your personal information for as long as necessary to provide the Services to you and fulfill the purposes described in this Privacy Policy. This is also the case for third parties within whom we share your information to perform services on our behalf. When we no longer need to use your personal information and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or anonymize it. If you have registered with COMPANY and you no longer want us to use your registration information to provide the Services to you, you may close your account.
10. Contacting COMPANY About Your Personal Information or Privacy
Please send us an email by using the Contact Us link at the bottom of every page of the COMPANY Sites if you have any questions about this Privacy Policy or the personal information, we maintain about you. We will respond to your request within a reasonable timeframe.
You can also contact COMPANY’s Privacy Office at:
WE3 Group, Inc. 600 North Broad Street, Suite 5 Middletown, Delaware 19709
11. Changes to this Privacy Policy
We reserve the right to change or modify this Privacy Policy and any of our Services at any time and any changes will be effective upon being posted unless we advise otherwise. If we make any material changes to this Privacy Policy we will notify you by means of a notice on the COMPANY Sites and/or by email to our registered users (sent to the email address specified when you register) prior to the change becoming effective. By continuing to use the Services after changes are made to this Privacy Policy, you agree to such changes. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices. If you do not accept the terms of this Privacy Policy, we ask that you do not register with us and that you do not use the COMPANY Sites. Please exit the COMPANY Sites immediately if you do not agree to the terms of this Privacy Policy.
