UPWEST PRIVACY POLICY - YOUR PRIVACY RIGHTS

Effective date: November 25, 2020

Welcome to UpWest! This Privacy Policy describes how we collect, use and share personal information on our website, mobile sites and apps, through our email and mobile alerts programs, and through in-person experiences or other interactions with our customers.

INFORMATION FOR CALIFORNIA CONSUMERS

PRIVACY POLICY OVERVIEW:

Collection of Information

UpWest may ask you to provide Personal Information (for example, your name, address, e-mail, phone number, or credit or debit card number), as well as other information (for example, your gender or your interests), which may be required to access certain features. More Details About Information You Provide

UpWest and third parties may collect information from you automatically as you access the Service (for example, information about the devices you use to access the Service and your usage activities). More Details About Information Collected Automatically

This may include use of cookies and other technologies to keep track of your interactions with the Service, to serve you with ads on third-party services, and to offer you a more personalized and relevant experience. More Details About Cookies and Tracking Technologies

The information UpWest collects from you may be combined with information UpWest receives from third parties and outside sources. More Details About Information Collected From Other Sources

Use of Information

The information UpWest collects is used for a variety of purposes that are explained in this Privacy Policy. For example, your information helps UpWest provide and improve the Service, communicate with you, serve advertising and offers to you, and operate UpWest’s business. More Details About How UpWest Uses Information

Sharing of Information

UpWest may share information about you, including your Personal Information, for a variety of purposes, as detailed in this Privacy Policy. These include, without limitation:

  • to deliver and improve UpWest’s Services;
  • in connection with corporate transactions (for example, a merger involving UpWest);
  • to display your posts or send your messages (Learn more in Section 5 );
  • in connection with your use of third-party services (Learn more in Section 6); and
  • in connection with sweepstakes, contests and promotions (Learn more in Section 4).

You may opt out of the disclosure of your personal information to third parties for those third parties’ direct marketing purposes. After your opt-out is processed, your personal information will no longer be disclosed to such third parties. You may opt out by submitting our online opt-out request form. UpWest may share your information, including aggregated and/or deidentified information about you, for other purposes in compliance with applicable law.

More Details About How UpWest Shares Information

Your Privacy Choices

You have certain choices regarding information collection and communications options. Learn more in Section 11.

California residents have certain privacy rights. Learn more in Section 12.

You have options regarding our use of Tracking Technologies. Learn more in Section 11 and About Ads.

You have options regarding accessing and changing certain information associated with your account. Learn more in Section 10.

You have options regarding promotional communications. Learn more in Section 11.

Questions and How to Contact Company

For more information about our privacy practices, read the full Privacy Policy. You can also contact UpWest at P.O. Box 182258, Columbus, Ohio, 43230 (Attention: Privacy Officer) or 1-833-879-3781 if you have questions or concerns.

FULL POLICY:

This Privacy Policy applies to our sites, mobile applications and any other services (“Services”) owned or operated by UW, LLC (collectively, “UpWest” “we” “our” or “us”). This Privacy Policy will provide you with information as to how UpWest collects, uses, and shares information about you, including the choices UpWest offers with respect to that information, and applies to your use of any Service, regardless of how you access or use it. For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By visiting or otherwise using the Service, you agree to our Terms & Conditions and consent to UpWest’s Personal Information collection, use, and disclosure practices, other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, please discontinue use of the Service.

1. INFORMATION WE COLLECT

A. Information about You that You Provide.

UpWest, and/or its Vendors (defined below), may collect information you provide via the Service. For example, UpWest collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties.

UpWest, its Vendors, and/or Third-Party Services may collect certain information that identifies you personally, such as your first and last name, e-mail address, phone number, address, full payment account number, credit or debit card number, and photos (“Personal Information”).

B. Information Collected Automatically.

UpWest, its Vendors, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service. Such automatically collected information may include your IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device).

The methods that may be used on the Service to automatically collect such information include:

  • Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
  • Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
  • Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services, and used by UpWest and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third-party services.

C. Information UpWest Collects From Other Sources.

UpWest may also obtain information about you from other sources, including Vendors and Third-Party Services, and combine that with other information we have collected about you. For example, we may obtain information about you from third-party services in order to send you marketing offers via direct mail.  Notwithstanding anything to the contrary, this Privacy Policy is not intended to limit UpWest’s activities regarding such third-party-sourced, or non-Service-sourced, information (including Personal Information). UpWest is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices.

2. HOW WE USE THE INFORMATION WE OBTAIN

UpWest may use information about you, including Personal Information, for any purposes not inconsistent with UpWest’s statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following:

  • Allow you to participate in the features we offer on the Service;
  • Facilitate, manage, personalize, and improve your online experience;
  • Process your registration, manage your account and/or upload your User Generated Content (“UGC”);
  • Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;
  • UpWest Affiliates’ marketing and other purposes;
  • Improve the Service and for any other internal business purposes;
  • Tailor our content, advertisements, and offers;
  • Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;
  • Determine your location and manage digital content rights (e.g., territory restrictions); and
  • Prevent and address fraud, breach of policies or terms, and other threats or harm.

3. INFORMATION WE SHARE WITH THIRD PARTIES

UpWest may share your information, including Personal Information, with third parties or UpWest Companies and their affiliates (“Affiliates”). Any such third-party activities are subject to those third parties’ privacy policies and practices.

UpWest may also share any information about you for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:

  • UpWest’s agents, service providers, consultants, and other vendors (collectively “Vendors”) may receive, or be given access to, your information, including Personal Information, in connection with their work on UpWest’s behalf. In particular, we may provide your personal information to vendors and third party marketing partners for commercial purposes. You may opt out of such disclosure by submitting our online opt-out request form.
  • To comply with the law, law enforcement or other legal process, and, where permitted, in response to a government request; and
  • If UpWest believes your actions are inconsistent with UpWest’s terms of use, user agreements, applicable terms or policies, or to protect the rights, property, life, health, security and safety of UpWest, the Service or its users, or any third party.

In addition, UpWest may share your Personal Information in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of UpWest assets, or transfer of all or a portion of UpWest’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).

Without limiting the generality of the forgoing, certain areas of the Service may be provided to you in association with third parties (“Co-Branded Areas”) such as Vendors, sponsors, charities, and civic organizations and may request or require you to disclose Personal Information to them, or enable you to share your Personal Information with them. Such Co-Branded Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information. If you elect to register for products and/or services, communicate with such third parties or download their content or applications, at Co-Branded Areas, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Service, or otherwise use your Services account or registration to log-in or register on Third-Party Services, your Personal Information may be disclosed to such third parties. We are not responsible for such third party’s data collection or practices and you should review such third party privacy policies for more information.

4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS

UpWest may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to UpWest, co-sponsors, Vendors, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing privacy practices from those contained in this Privacy Policy. Please review those rules carefully.

5. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS

The Service may permit you to post or submit User Generated Content (“UGC”) including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information. If you choose to submit UGC to any public area of the Service, your UGC will be considered “public” and will be accessible by anyone, including UpWest. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, Personal Information included in UGC is not subject to UpWest’s usage or sharing limitations, or other obligations, regarding Personal Information under this Privacy Policy or otherwise, and may be used and shared by UpWest and third parties to the fullest extent not prohibited by applicable law. UpWest encourages you to exercise caution when making decisions about what you disclose in such public areas.

Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, UpWest relies on you to only send to people that have given you permission to do so. The recipient’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by UpWest for any other marketing purpose unless UpWest obtains consent from that person. Your contact information and message may be included in the communication.

6. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS

The Service may include links to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.

Certain functionalities on the Service may permit interactions that you initiate between the Service and certain Third-Party Services, such as third party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” UpWest’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service or by the Third-Party Service that you use. You should review the terms, policies, and settings of Third-Party Services to learn more or adjust your connections. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with UpWest in a tweet or status update), your post may be used on or in connection with the Service or otherwise by UpWest. We may also use third-party services, such as Apple or Android, to allow you to log into our app using facial recognition. We do not receive your biometric data from these Third-Party Services and you should consult their data privacy and security policies if you use these features. Also, both UpWest and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.

UpWest may engage and work with Vendors and other third parties to serve advertisements on the Service and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”).

UpWest may use Google Analytics, Adobe Analytics or other Vendors for analytics services. These analytics services may use cookies and other Tracking Technologies to help UpWest analyze Service users and how they use the Service. Information generated by these services (e.g., your IP address and other device identifiers) may be transmitted to and stored by these Vendors on servers in the U.S. (or elsewhere) and these Vendors may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage.

Data obtained by UpWest from a third party, even in association with the Service, is not subject to UpWest’s limitations regarding Personal Information under this Privacy Policy, however such data remains subject to any restrictions imposed on UpWest by the third party, if any. Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with UpWest, the types of information shared, and your choices on what is visible to others on Third-Party Services.

UpWest is not responsible for, and makes no representations regarding, the policies or business practices of any third parties and encourages you to familiarize yourself with and consult their privacy policies and terms of use. See Section 11 for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.

7. DATA SECURITY AND MONITORING

UpWest takes reasonable measures to protect Personal Information (excluding public UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and UpWest does not guarantee the security of your information collected through the Service.

To help protect you and others, UpWest and its Vendors may (but make no commitment to) monitor use of the Service, and may collect and use related information including Personal Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Policy, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of, and investigate and/or seek prosecution for, any potential threats to or misuse of the Service; ensure compliance with the Terms & Conditions [Link https://upwest.com/pages/terms-and-conditions] and this Privacy Policy; investigate violations of or enforce these documents; and otherwise to protect the rights and property of UpWest Affiliates, third parties, and other users. Monitoring may result in the collection, recording, and analysis of online activity or communications through our Service. If you do not consent to these conditions, you must discontinue your use of the Service.

8. INTERNATIONAL TRANSFER

UpWest is based in the U.S. and the information UpWest and its Vendors collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.

9. CHILDREN'S PRIVACY

The Service is intended for a general audience and not directed to children less than 13 years of age.

UpWest does not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.

10. ACCESSING AND CHANGING INFORMATION

UpWest may provide web pages or other mechanisms allowing you to delete, correct, or update some of the information collected about you (e.g., profile and account information). You may also email us at UpwestSocial@upwest.com, write to us at P.O. Box 182258, Columbus Ohio, 43230, or call us at 1-833-879-3781. UpWest will make good faith efforts to make requested changes as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from UpWest’s databases and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.

11. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS

A. Tracking Technologies Generally. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

 

Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings have settings to limit ad tracking, and other tracking, but these may not be completely effective.

B. Analytics and Advertising Tracking Technologies. You may exercise choices regarding the use of cookies from Google Analytics by going to Google’s opt-out pageor downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to Adobe’s opt-out page. You may exercise choices regarding analytics tracking by Lucky Orange by going to Lucky Orange's opt-out page.

In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our data bases (“Matched List Ads”).  This is done by using Tracking Technologies or by matching common factors between our data bases and the data bases of the third-party services.  For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services.  We are not responsible for these Third-Party Services, including without limitation their security of the data.  You may review and adjust your ad options directly through your account settings on Third-Party Services such as Facebook or Twitter. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.

C. Mobile Apps. With respect to UpWest’s mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain features (e.g., location-based services, push notifications, accessing calendar/contacts/photos, etc.), by adjusting the permissions in your mobile device and/or the app’s settings. If GPS precise location services are disabled, other means of establishing or estimating location (e.g., connecting to or proximity to wi-fi, Bluetooth, beacons, or our networks) may persist. See also the prior section regarding Interest-based Advertising choices.

D. Communications. You can opt out of receiving certain promotional communications (emails or text messaging) from UpWest at any time by (i) for promotional e-mails, following the unsubscribe instructions in any promotional e-mails you get from us, emailing us at UpwestSocial@upwest.com, or if available by changing your communication preferences by logging onto your account; (ii) for text messages, following the instructions provided in text messages from UpWest to text the word, “STOP,” emailing UpwestSocial@upwest.com and including your cell phone number, or calling 1-833-879-3781; and (iii) for app push notifications turning off push notifications on the settings of your device and/or the app, as applicable. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, UpWest may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or UpWest’s ongoing business relations.

12. YOUR CALIFORNIA PRIVACY RIGHTS

Effective date: January 1, 2020

The following information applies to residents of California and is intended to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined by the CCPA, including “personal information”, have the same meaning when used in this section. In the event of any conflict between the information in this CCPA notice and the UpWest Privacy Policy, the terms of this CCPA notice will apply with respect to California consumers.

1. Collection of Your Personal Information

We collect the following categories of personal information for the following purposes:

Category of PI

A. Identifiers

Examples of PI Collected

Name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.

Sources of PI

We collect this information from you directly or collect it automatically from your device or browser.

Purpose for PI Collection

Your name, address, unique personal identifier, online identifier, IP address and email address are used to process and ship orders, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content,  to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.

Category of PI

B. Customer Records

Examples of PI Collected

Name, address, telephone number, bank account number, credit card number, or debit card number.

Sources of PI

We collect this information from you directly.

Purpose for PI Collection

Your name, address, and telephone number are used to process and ship orders, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance. Your bank account number, credit card number, debit card number or other financial information are used to process orders.

Category of PI

C. Protected characteristics

Examples of PI Collected

Age, marital status, physical or mental disability, gender information, or veteran or military status.

Sources of PI

We collect this information from you directly, receive it from third parties, or derive it from your browsing or purchase history. Your disability information is only collected from you if you make a request for disability-related accommodation. Your gender information may be collected directly from you or derived from your browsing or purchase history.

Purpose for PI Collection

Your age, marital status, and gender information are used to improve products and services, to provide advertising or marketing content and to understand our customers. Your disability information is used only to provide requested accommodation and accessibility services and legal compliance. Your veteran or military status is used to provide discounts or facilitate shipping.

Category of PI

D. Commercial information.

Examples of PI Collected

Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Sources of PI

We collect this information from you directly, receive it from third parties, or collect it automatically from your device or browser.

Purpose for PI Collection

Your purchasing history is used to improve products and services, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content on behalf of UpWest, UpWest affiliates, or other third parties, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.

Category of PI

E. Internet or other similar network activity.

Examples of PI Collected

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Sources of PI

We collect this information from you directly, receive it from third parties, or collect it automatically from your device or browser.

Purpose for PI Collection

Your browsing, searching and interaction history is used to improve products and services, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to understand our customers, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.

Category of PI

F. Geolocation data.

Examples of PI Collected

Physical location or movements.

Sources of PI

We collect this information from you directly or collect it automatically from your device or browser.

Purpose for PI Collection

Your physical location is used to improve products and services, to provide advertising or marketing content, and to understand our customers.

Category of PI

G. Inferences drawn from other personal information.

Examples of PI Collected

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior or attitudes.

Sources of PI

We collect this information from you directly, receive it from third parties, or derive it from your browsing or purchase history.

Purpose for PI Collection

Your profile is used to improve products and services, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.

2. Your Rights under the California Consumer Privacy Act

Under the CCPA, California residents may request that UpWest disclose to them the categories of personal information, and provide a copy of specific pieces of personal information regarding them, that UpWest has collected in the last 12 months.California residents also may request deletion of personal information that UpWest has collected from them.

You may exercise these rights by using our information management center or calling our customer service team at 833-879-3781. Please be aware that CCPA requests are subject to verification of your identity and California residency.

We will not discriminate against you for exercising your rights under the CCPA.  However, the CCPA permits us to offer you certain financial incentives that can result in different prices, rates, or quality levels, which are related to your personal information’s value.

The UpWest Compass Club program is a voluntary loyalty program that is free to all customers and provides members with special benefits. To enroll in and become a member of the UpWest Compass Club program, you must submit your name, email address, country and create a password. You may also choose to complete your membership profile by submitting additional information (such as phone number, birthday, mailing address, clothing sizes or shipping addresses). In exchange for providing your personal information, UpWest Compass Club member individuals earn points through various predetermined methods, activities, and tasks as outlined at https://upwest.com/pages/terms-and-conditions

UpWest values the personal information provided in connection with the Compass Club program as it allows us to track and reward Compass Club members with financial incentives, including coupons, special promotions, and rewards that can be used toward future purchases. The value of the information you provide to us is directly related to our ability to provide your rewards.  These financial incentives are offered in accordance with the California Consumer Privacy Act and are reasonably related to the value of the personal information provided. You may end your membership at any time by submitting a request to cancel your Compass Club membership.

If you are a Compass Club member and you exercise your rights to delete part or all of your personal information, that could impact your Compass Club membership.  If we cannot retain your personal information, you will no longer be a Compass Club member.

You may authorize an agent to make requests to access or delete personal information on your behalf. However, we will ask the agent to provide written proof that it is legally authorized to make requests on your behalf and will request verification of your identity from you directly.

3. Sale of Personal Information

You have the right to opt out of the “sale” of your personal information. You should know that the definition of “sale” of personal information under CCPA includes many exchanges of information that go beyond the ordinary concept of a “sale”. UpWest values our customers’ privacy and does not get paid to give your personal information away. However, like many retailers, UpWest discloses personal information, including your commercial information, to certain third-party companies which provide services related to advertising, marketing, and analytics. While there is not yet a consensus, such disclosure can be considered a “sale” of personal information under the terms of CCPA, although we do not exchange your personal information for money. By law, you are entitled to opt out of such disclosures of your personal information.

Further, you can learn more about your choices regarding certain kinds of online interest-based advertising in Section 11. We do not represent that these third party tools, programs or statements are complete or accurate.

You may exercise your right to opt out of the sale of your personal information by submitting our online opt-out request form or calling our customer service team at 1- 833-879-3781.

You may authorize an agent to make an opt-out request on your behalf. However, we will ask the agent to provide written proof that it is legally authorized to make requests on your behalf.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Except where required by law, UpWest currently does not alter UpWest’s practices when UpWest receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com. We currently do not recognize these as a “do not sell” request.  We understand that various parties are developing “do not sell” signals and we may recognize certain such signals if we conclude such a program is appropriate.

4. Sharing of Personal Information

We disclose the following Personal Information to our CCPA service providers or third parties for the following purposes:

Category of PI

A. Identifiers.

Purposes for Disclosure

Your name, address, unique personal identifier, IP address and email address are used to process and ship orders, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content,  to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.

Categories of Recipients

Your name, address, unique personal identifier, IP address and email address are disclosed to third parties who provide UpWest services related to the identified purposes.

Category of PI

B. Customer Records

Purposes for Disclosure

Your name, address, and telephone number are used to process and ship orders, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance. Your bank account number, credit card number, debit card number or other financial information are used to process orders.

Categories of Recipients

Your name, address and telephone number are disclosed to third parties who provide UpWest services related to the identified purposes. Your bank account number, debit card number, or other financial information are shared with third parties who provide UpWest order processing or other financial services.

Category of PI

C. Protected Characteristics.

Purposes for Disclosure

Your age, marital status, and gender information are used to improve products and services, to provide advertising or marketing content and to understand our customers. Your disability information is used only to provide requested accommodation and accessibility services and legal compliance. Your veteran or military status is used to provide discounts or facilitate shipping.

Categories of Recipients

This information may be shared with third parties who provide to UpWest services related to legal compliance and defense. It may also be provided to government agencies. Your age, marital status and gender information are disclosed to third parties who provide UpWest services related to the identified purposes. Your disability information may be shared with third parties who provide UpWest services related to accessibility. Your veteran or military status may be shared with third parties who provide UpWest with services related to military discounts or shipping.

Category of PI

D. Commercial Information.

Purposes for Disclosure

Your purchasing history is used to improve products and services, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content on behalf of UpWest, UpWest affiliates, or other third parties, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.

Categories of Recipients

Your purchasing history is disclosed to third parties who provide UpWest services related to the identified purposes. Your commercial information may be shared with Oracle for commercial purposes. More information may be found on the Oracle Privacy Policy.

Category of PI

E. Internet or network activity.

Purposes for Disclosure

Your browsing, searching and interaction history is used to improve products and services, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to understand our customers, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.

Categories of Recipients

Your browsing, searching and interaction history is disclosed to third parties who provide UpWest services related to the identified purposes.

Category of PI

F. Geolocation Data.

Purposes for Disclosure

Your physical location is used to improve products and services, to provide advertising or marketing content, and to understand our customers.

Categories of Recipients

Your physical location may be disclosed to third parties who provide UpWest services related to the identified purposes.

Category of PI

G. Inferences

Purposes for Disclosure

Your profile is used to improve products and services, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.

Categories of Recipients

Your profile is shared with third parties who provide to UpWest services related to the identified purposes.

13. CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy prospectively effective upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not treat your previously collected information, to the extent it is not collected under the new privacy policy, in a manner materially different than represented at the time it was collected without your consent.

14. CONTACT UPWEST

If you have any questions about this Privacy Policy, please contact UpWest at P.O. Box 182258, Columbus, Ohio, 43230 (Attention: Privacy Officer) or 1-833-879-3781.

ABOUT ADS

i. ABOUT UPWEST ADS & TRACKING

ii. WE ENGAGE IN INTEREST-BASED ADVERTISING.

We may display interest-based advertising on our website or other websites based on information about your interactions with us or others. For example, we might use details about your purchases and browsing behavior on our website or the websites of others. We work with third parties, such as ad networks, who help gather this information. This allows us to provide you with more useful and relevant ads. We (or the third parties we work with) gather this information on our platforms. These include websites, emails or apps. This information may also be gathered on third-party platforms. It might also be gathered through other interactions you have with us.

iii. YOU HAVE CONTROL OVER THE INTEREST-BASED ADS YOU SEE.

The third parties we work with that serve interest-based ads participate in the Self-Regulatory Program for Online Behavioral Advertising in the US. This program provides consumers with the ability to opt-out of having information about their online behavior used for advertising purposes. If you want to opt out, visit http://www.aboutads.info/choices/.

iv. WE USE VARIOUS TRACKING TECHNOLOGIES.

We – or vendors we have hired – use several common data collection technologies including cookies, pixel tags, and similar technologies. We collect personal and other information about users over time and across different Web sites when you use this Web site or service. We also have third parties that collect personal information this way. These technologies are used to understand the activities and behaviors of our consumers and website visitors. We do this for many reasons, including the following:

  • To recognize new visitors to our websites.
  • To recognize past customers to our websites.
  • To present more personalized content, to improve your website experience, optimize your shopping experience, and provide site and service enhancements.
  • To serve customized advertising (whether on our website or others you visit).
  • So we can better understand our audience, our customers, our website vendors, and their respective interests.

v. HOW TO CONTROL TRACKING TECHNOLOGIES.

You may control our use of cookies. How you do so depends on the type of cookie. You can configure your browser to notify you when you receive a cookie or to reject browser cookies. To control flash cookies go here. Why? Because flash cookies do not reside in your browser, and so your browser settings will not affect them.

NOTE: If you configure your browser to block cookies, you may not be able to access certain functionality on our site. If you block or delete cookies, not all of the tracking that we have described in this policy will stop.

Some browsers have a "Do Not Track" feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.

 

UPWEST COMFORT & JOY CONTEST

OFFICIAL RULES

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO INDIVIDUALS RESIDING IN THE UNITED STATES THAT ARE AT LEAST 18 YEARS OF AGE AS OF THE DATE OF ENTRY.  VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.   

 

 

  1. CONTEST AND ELIGIBILITY: The UpWest Comfort & Joy Contest (the “Contest”) begins December 21, 2020 at 12:01 a.m. Eastern Time (“ET”) and ends December 21, 2020 at 11:59 p.m. ET ("Promotion Period"). Open only to residents of the 50 United States and the District of Columbia that are at least 18 years old or the age of majority in their state of residence, as of the date of entry. Employees of UW, LLC dba UpWest (“Sponsor”) and Sponsor and their affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (“Sponsor Affiliates”), and each of the foregoing’s agents, directors, officers (including members of their immediate families – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or same household) of Sponsor, or any Sponsor Affiliates, are not eligible to participate.

 

By entering the Contest, entrants are bound by and agree to these Official Rules and the decisions of Sponsor. Any entry may be disqualified at any time if, in the opinion of Sponsor, the entry does not comply with these Official Rules. Incomplete entries are void. Any individual who attempts or encourages, directly or indirectly, or realizes the entry of multiple or false contact information under multiple identities, or uses any robotic, automatic, mechanical or programmed device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by Sponsor, will be disqualified. This Contest is subject to all applicable United States federal, state, and local laws. Void where prohibited or otherwise restricted by law.

 

  1. HOW TO ENTER: You (“Nominator”) may enter the Contest by submitting a Complete Entry (as defined below) through your public Instagram account (“Contest Entry”) during the Promotion Period.   You cannot simply “tag” an existing comment, image or video.  

 

To be eligible, the Contest Entry must comply with all the following:

 

  • Follow @go_upwest;

 

  • Nominate someone in your life (“Nominee”) and comment in no more than two (2) sentences on why the Nominee deserves a Comfort & Joy box this holiday season (“Nomination”). Do not include the Nominee’s full name, address, social media handle, place of employment and/or other Nominee personal information in your Nomination;

 

  • The Nominee must be at least 18 years old, reside in the U.S. and otherwise agree to the Official Rules if selected as a Nominee winner;

 

  • You must include in the comments the following tag: #UpWestContest;

 

  • Any Content must be your own original creation and must not have been previously published or submitted in connection with any other contest or sweepstakes. Your Content must not infringe any third-party rights, including but not limited to right of publicity, copyrights, trade secrets, or other intellectual property rights;

 

 

  • Your Content must not reference or contain any third-party trademarks or logos or contain any advertisements, “spam” content, or references to other offers or websites;

 

  • Your Content must not be obscene, pornographic, disparaging, defamatory, violate any laws or otherwise contain images and/or text which Sponsor in its sole discretion decides is inappropriate or objectionable; and

 

  • Only one Nomination per Instagram account and you may only nominate a Nominee once and you may not nominate yourself.

 

 

(“Complete Entry”).

 

To participate in the Contest, you must have a public account with Instagram.  If you do not have an account with Instagram, go to Instagram’s website (instagram.com) and create an account according to the instructions on the website. Creating an account is free. Please note that you must accept and agree to comply with the terms and conditions for Instagram in order to create an account.

  1. SELECTION AND NOTIFICATION OF WINNING ENTRIES. Beginning December 22, 2020, a judging panel consisting of representatives from Sponsor (the “Judging Panel”) will begin review of the Complete Entries submitted during the Promotion Period. The Judging Panel will select four (4) Complete Entries from all eligible Nominations using the following judging criteria: a) Effectiveness and Persuasiveness of the Nomination–70%; b) Creativity & Originality of the Nomination– 30% (collectively the “Judging Criteria”).  The decisions of the Judging Panel shall be final and binding. Odds of winning will vary based on the number of eligible Complete Entries submitted in the Contest.  The Nominator winners will be notified at the conclusion of the judging and by no later than December 24, 2020 by Sponsor contacting the potential Nominator winners via Instagram direct message. In the event of a dispute as to the identity of an entrant, entry will be declared made by the authorized account holder of the Instagram account for which the Nomination was made. "Authorized account holder" is defined as the natural person who is assigned to the Instagram account.

 

  1. PRIZES: There will be four (4) prize Nominee winners selected. Each Nominee winner will receive one (1) Comfort & Joy prize package, consisting of one (1) sleep mask, one (1) pair of socks, one (1) coffee mug and one (1) bag ground coffee (collectively “Prize Package”).  Individual Prize Package ARV: $50; Total Prize Packages ARV: $200.  No substitution or transfer of prize permitted except as determined in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize or prizes of equal or greater value. Sponsor will contact the Nominator winners of the potential Nominee winners.  Nominator Winners will provide their Nominee’s contact information to Sponsor so Sponsor can reach out to Nominee winners directly, provided that Nominator winners have permission from their Nominees before providing Nominee’s contact information to Sponsor.   Each potential winning Nominee will be required to provide Sponsor with proof of eligibility, a Release and Affidavit, a mailing address (no P.O..Boxes) and other information as required by Sponsor for eligibility and prize fulfillment purposes. 

 

  1. ALL PRIZES ARE AWARDED “AS IS” WITH ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM SPONSOR. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH THIS CONTESTAND ANY PRIZE. The winners are solely responsible for all applicable federal, state and local income taxes associated with the Prizes. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.

 

  1. CONDITIONS OF PARTICIPATION: Sponsor may prohibit any entrant or potential Nominator entrant or Nominee or potential winning Nominee from participating in the Contest, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor or Sponsor Affiliates; or (2) in any other disruptive manner. The use of automated entry devices or any other conduct that impedes the integrity of the Contest is prohibited. Sponsor’s decisions as to all matters related to the Contest and selection of prize winner are final.

Sponsor and Sponsor Affiliates and each of their respective parent companies, subsidiaries and affiliates, are not responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected, stolen, or ineligible entries, all of which will be disqualified, or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Contest. If for any reason, (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sponsor and its parents, subsidiaries and affiliates, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest), the Contest is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, and/or to select the prize winners from among all eligible Submissions received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor at its sole discretion. Sponsor shall have no further obligation to any participant in connection with the Contest. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. Sponsor and Sponsor Affiliates (a) make no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaim any implied warranty. 

 

  1. PRIZE ACCEPTANCE: Potential Nominator winner(s) will be notified as provided in the “Selection and Notification of Winning Entries” section above and must respond within forty-eight (48) hours or, if longer, the timeframe requested by Sponsor. Potential Nominee winners identified by Nominator winners will have forth-either (48) hours after being contacted by Sponsor to respond. In addition, Sponsor may, within its sole discretion, require Nominator and Nominee winner(s) to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, which may require a social security number, postmarked within three (3) days of the date on the notification. At Sponsor’s discretion, winners may be required to produce picture or some other form of proper identification to claim any prize. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner may be selected from other potential winners and/or by random draw from all remaining eligible entries.

 

  1. PUBLICITY & MARKETING: Upon submission of the Content, and except where expressly restricted by the terms of Instagram, you automatically grant to Sponsor and Sponsor Affiliates, a worldwide, non-exclusive, royalty-free, irrevocable license to copy, publicly display, distribute, create derivative works from, and otherwise use the Content as well your name, image, social media handle, likeness and biographical details, in all forms of media now known or later developed in connection with Sponsor’s business. You represent and warrant to Sponsor that you own all Content you submit and/or have the unencumbered legal right to submit, and grant the above-referenced license, in connection with this Contest. You further represent to Sponsor that the Content is a Complete Entry as set forth in Section 2, above.  
  2. RELEASE & INDEMNIFICATION: Neither Sponsor or Sponsor Affiliates are responsible for, and entrants release each from, any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, claim a prize, or otherwise participate in this Contest, or Sponsor’s ability to include all eligible entries, conduct random drawings, notify potential winner, or otherwise execute this Contest in the manner intended. By entering the Contest, you agree to release, defend, hold harmless and indemnify, Sponsor or Sponsor Affiliates, and each of their respective parents, subsidiaries, affiliates, and their respective contractors, directors, officers, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any such failure, a well as (i) any damage to entrant’s computer relating to or resulting from entering or downloading materials or software in connection with entering this Contest; or (ii) any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of a prize awarded in the Contest, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery. False or deceptive entries or acts will render the entrant ineligible. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTESTMAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor or Sponsor Affiliates are not responsible for any printing or typographical errors in these Official Rules or any other materials associated with the Contest. Entrants enter at their own risk and each winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this promotion or use or redemption of the prize. Sponsor or Sponsor Affiliates are not responsible for and shall not be liable for any condition caused by events beyond their control that may cause the Contest to be disrupted or corrupted.
  3. DISPUTES: This promotion is intended for participation in the United States only and shall be construed only according to Ohio’s law. Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively in a federal or state court located in Ohio; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Ohio, for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (2) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages, or any other damages, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and entrant further waives all rights to have damages multiplied or increased. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Ohio, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
  4. NO AFFILIATION WITH SOCIAL MEDIA PLATFORM. This Contest is in no way sponsored, endorsed, administered by or associated with Instagram. Any questions, comments or complaints regarding the Contest should be directed to Sponsor, not to Instagram.
  5. WINNERS: For the names of the winners, send a separate self-addressed, stamped envelope to: UpWest Comfort & Joy Contest, P.O. Box 182258, Columbus, Ohio 43230. Request must be received before January 31, 2021. 
  6. SPONSOR: UW, LLC dba UpWest, P.O. Box 182258, Columbus, Ohio 43230.