PRIVACY POLICY

Last Updated and Effective: November 7th, 2023

U Plus US, Inc (“we,” “us” or “U Plus”) cares about protecting the personal information of our customers and visitors (collectively, our “Users”) who use our website at https://www.fifthrow.com/ and any subdomains (collectively the “Site”), or any products and services provided to you by us including our Venture Discovery Platform (collectively along with the Site, the “Services”). This Privacy Policy describes how we collect, use, and disclose your Personal Information when you visit or make a purchase from the Services.

HOW WE COLLECT AND USE YOUR INFORMATION

We collect information in order to provide the Site and its Services to our Users, improve the User experience, and to communicate with Users about the Site and its Services. When you visit the Services, we collect certain information about your device, your interaction with the Services, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. The information we collect from Users will depend on a User's particular interaction with the Site and Services. Different portions of this Privacy Policy may apply to Users at different times. See the list below for more information about what Personal Information we collect and why.

INFORMATION WE COLLECT.

Information You Give Us.

When you access the Services to make an order or to create an account; contact us or when we communicate with you; visit our social media pages; use our products and services as an authorized user on behalf of one of our customers; or receive any deliverables from us or one of our customers, we may collect certain information about you, including but not limited to: name, billing address, payment information (including credit card numbers, and other alternative payment details), email address, and phone number.

By voluntarily providing us with personal information, you are consenting to our use of it in accordance with this privacy policy. If you provide personal information to the Services, you acknowledge and agree that such personal information may be transferred from your current location to our servers and the authorized third parties referred to herein.

Information Collected from Your Use of the Services.

When you use our Services, we automatically receive and record information on our server logs from your browser or device, which may include the following: IP address, device identifiers and information, web browser information, page view statistics, what sites or products you view, search terms, browsing history, usage information, time zone, transaction information (e.g. transaction amount, date and time such transaction occurred), identifying information from cookies and certain other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.) — for more information, see “How We Collect Data” section below, location information (e.g. IP address, zip code), including geolocation/GPS data – for more information, see below, and Log data (e.g. access times, hardware and software information) and how you interact with the Services.

Information We Receive from Others.

We may receive information about you from others, including but not limited to: (i) Other Partners - We may receive information about you from third party services, such as analytics providers and advertising partners; and (ii) Publicly Available Information - Including information from social media platforms and apps.

Minors

The Services are not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

HOW WE USE YOUR INFORMATION

We use the information we collect, both on its own and combined with any other information we collect about you, for a variety of business purposes, including:

• to provide products or services to you, to process your payment information, to fulfil your requests for our products and services on the Site, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services; and to provide other customer support services.
• to load the Services accurately for you, and to perform analytics on Services’ usage to optimize our Services.
• To notify you about changes to the Services and to communicate with you about your Account, our Services and policy changes
• To provide analytics services and to analyze and improve our Services pursuant to our legitimate interest, such as: detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity; undertaking research for technological development and demonstration measuring interest and engagement in our Services and short-term, transient use; developing new products and Services; and enforcing our terms and policies; 
• To create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create; and
• We may use third-party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including analytics and advertising partners to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you.

To process your information as described above, we rely on the following legal bases:

Consent: We use your information with your consent. Additionally, from time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by contacting us at the address provided at the end of this Privacy Policy.

Provide our service to you: Most of the time, the reason we process your information is to perform the contract that you have with us.

Legitimate interests: We may use your information where we have legitimate interests to do so. For instance, we analyse Users’ behaviour on our services to continuously improve our offerings, we suggest offers we think might interest you, and we process information for administrative, fraud detection and other legal purposes. We may also use your information to protect your vital interests or to perform a task carried out in the public interest.

Legal compliance: If the law requires us to, we may need to collect and process your data. For example, we can pass on details of people involved in fraud or other criminal activity affecting us to applicable law enforcement.

SHARING OF PERSONAL INFORMATION

We share your Personal Information with service providers to help us provide our services and fulfil our contracts with you, as described above and without your consent we will not otherwise share your personal information to/with any other parties except: (a) to provide our Services, (b) when we have your permission, or (c) or under the following instances:

Service Providers and Business Partners.

We may share your information with our third-party service providers and business partners that help us to accomplish certain business purposes (e.g., marketing and analytics providers, security and technology providers, advertising partners, and payment processors). When we share personal information with certain third-party partners, including marketing and advertising partners, that information includes your name, email address and other information enabling partners to fulfil business purposes, which may include:

• validate your identity and fitness to use the Services,
• prevent fraudulent use of the Services,
• process payments pursuant to your usage of the Services,
• assist you in using our products and services,
• contact you with offers, services or products that may be of interest to you, and
• provide you with their products or services.

The categories of service providers (processors) to whom we entrust personal information include: IT and related services; information and services; payment processors; customer service providers; and vendors to support the provision of the Services. We may also share non-personal information with certain third parties, including the media, industry observers, marketing and advertising partners, vendors, customers, potential customers or partners.

Affiliates

We may disclose your information to current or future affiliates or subsidiaries for research, marketing, and other purposes consistent with this Privacy Policy. Within our corporate family of companies, we may require to share your information to allow us to provide the services to you, if our companies support us in the context of being service providers, which may include, data hosting, server maintenance, customer support, data analytics, marketing, legal and financial services, payment processing and safety and security services.

Aggregate Data

We may aggregate or de-identify the information described in this Privacy Policy. We may use aggregated or de-identified data (meaning information that, by itself, does not identify who you are, such as device information, general demographics, general behavioural data, geolocation in de-identified form) for various business purposes, which may include marketing and internal research purposes, incorporating aggregated or de-identified data in our current or future products and services, for external research purposes or providing aggregated or de-identified data to our business partners for their use in connection with their own products or services. Aggregated or de-identified data is not subject to this Privacy Policy.

Legal Disclosures

We may disclose any information without notice or consent from you: (a) in response to a legal request, such as a subpoena, court order, or government demand; (b) to investigate or report illegal activity; (c) to enforce our rights or defend claims; (d) to comply with applicable laws and regulations. If we have a good faith belief that such disclosure is reasonably necessary, we may disclose your personal information to other relevant third parties, such as internet service providers, to conduct an investigation, bring legal action, protect the rights of our user base, prevent harm to others or pursue other relief when you or a third party are or may be doing certain actions, such as: violating our terms and conditions of use; causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties; or violating federal, state, local, or other applicable law.

Business Transfers

We may also transfer your information to (a) any affiliate of our corporate group or (b) another company in connection with a merger, financing due diligence, corporate restructuring, sale of any or all of our assets, or in the event of bankruptcy.

We do not sell personal information to third parties.  We may permit third parties to collect the personal information described above through our service and share personal information with third parties for business purposes as described in this Privacy Policy, including but not limited to providing advertising outside of our service based on Users’ online activities over time and across different sites, services, and devices. The information practices of these third parties are not covered by this Privacy Policy.

HOW WE COLLECT DATA

We may use different technologies to collect, process and store your information. These technologies include:

• Log Files. A log file is a file that records events that occur in connection with your use of the Services, such as your service use data.
• Cookies and other similar Data Collection Technologies. A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Services. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor. We use cookies necessary for the functioning of the store and for reporting and analytics to optimize your experience on our Site and to provide our Services. The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device. You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible. Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser settings.
• Third Party. We may embed third party scripts or put embeds in the page that send requests to external sites which may allow third parties to drop and read cookies on your browser. Your browser may allow you to disable cookies from third party sites.
• Other Data Collection Technologies. Other technology used may include pixel tags, web beacons, local storage, algorithms and other similar tools on our Services or in our email messages.

Do Not Track

Some web browsers have a “Do Not Track” (“DNT”) feature that tells a website that a User does not want to have their online activity tracked. Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

UPDATING OR REMOVING INFORMATION

Where you have consented to our use of your personal information, you may withdraw your consent at any time by contacting us. Some privacy laws may give you the right to review the personal information we keep about you. You can also request a copy of your personal information by contacting us. If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us at support@u.plus. For your protection and the protection of all of our Users, we may ask you to provide proof of identity before we can answer the above requests. Keep in mind, we may reject requests for certain reasons, including if the request is unlawful. If you would like to have us delete your account information, we may do so by deactivating your account first and then permanently deleting your account. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for our Services, or to respond to any inquiry or request made by you, as applicable. To opt out of receiving messages from us, you must cease requesting and/or utilizing our Services, and cease submitting inquiries to us, as applicable.

THIRD-PARTY NOTICE

The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our Users 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 or content of such other websites or applications. Visiting, accessing or utilizing these other websites or applications is at your own risk.

To manage the information we receive about you from other third parties (if applicable), you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this privacy policy and the information the third-party collects is subject to such third party’s privacy practices. Privacy choices you have made on any third-party site will not apply to our use of the information we have collected directly through our Services.

SECURITY

The security of your information is a serious issue for us and we are committed to protecting the information we receive from you. We use reasonable security measures to protect against the loss, misuse and alteration of your personal information under our control; and to ensure that your information is treated in accordance with this Privacy Policy. Notwithstanding such measures, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee the security of any information transmitted to or from the Services. We also are not responsible for the actions of any third parties that may receive any such information.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO ERRORS IN TRANSMISSION, UNAUTHORIZED THIRD-PARTY ACCESS, OR OTHER CAUSES BEYOND OUR CONTROL. 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 E-MAIL TO YOU.

Password-protected areas of the Services, if any, can be accessed only with a valid password. Each password owner is responsible for keeping the password confidential and safe. If you believe there has been any unauthorized access or use of your information, please contact us immediately. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security.

RETENTION

When you place an order through the Services, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

AUTOMATIC DECISION-MAKING

If you are a resident of the European Economic Area (“EEA”), you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you. We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data. We use limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

YOUR RIGHTS

GDPR

Where the GDPR applies and in accordance with any other applicable law, in certain circumstances and subject to data processing agreements, you have rights in relation to the personal information we hold about you. We set out below an outline of those rights and how to exercise those rights. Please note that we may require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder. To exercise any of your rights, please contact us at support@u.plus. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.

For the purposes of GDPR, the data controller is: U Plus US, Inc.

ACCESS - You have the right to know whether we process personal information about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with. In order to obtain information and access to data held by you, please contact us at support@u.plus.

PORTABILITY - You have the right to receive a subset of the personal information you provide us if we process it on the legal bases of our contract with you or with your consent in a structured, commonly used and machine-readable format and a right to request that we transfer such personal information to another party. If you wish for us to transfer the personal information to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the personal information or its processing once received by the third party.

CORRECTION - You have the right to require us to correct any personal information held about you that is inaccurate and have incomplete data completed. Where you request correction, please explain in detail why you believe the personal information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required. Please note that while we assess whether the personal information we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.

ERASURE - You may request that we erase the personal information we hold about you in the following circumstances:

• where you believe it is no longer necessary for us to hold the personal information;
• we are processing it on the basis of your consent and you wish to withdraw your consent;
• we are processing your data on the basis of our legitimate interest and you object to such processing;
• you no longer wish us to use your data to send you marketing; or
• you believe we are unlawfully processing your data.

RESTRICTION OF PROCESSING TO STORAGE ONLY - You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in the following circumstances:

• You believe the personal information is not accurate for the period it takes for us to verify whether the data is accurate;
• We wish to erase the personal information but you want us to simply restrict the use of that data;
• We no longer need the personal information for the purposes of the processing but you require us to retain the data for the establishment, exercise or defense of legal claims; or
• You have objected to us processing personal information we hold about you on the basis of our legitimate interest and you wish us to stop processing the personal information while we determine whether there is an overriding interest in us retaining such personal information.

OBJECTION - You have the right to object to our processing of data about you and we will consider your request. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or we need to process it in relation to legal claims. You also have the right, at any time, to object to our processing of data about you in order to send you marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.

WITHDRAWAL OF CONSENT - Where you have provided your consent to us processing your personal data, you can withdraw your consent at any time by emailing us at support@u.plus.

FOR CALIFORNIA CONSUMERS

Depending on your residency, you may have certain data subject rights. These rights vary by state and country, but they may include the right to: (i) request additional disclosures about the Personal Information we collect, use, and disclose; (ii) obtain a copy of Personal Information; (iii) request deletion of Personal Information; and (iv) opt out of the sale of Personal Information if we were to sell Personal Information. We will not discriminate against you for exercising any of your rights under the California Consumer Privacy Act (“CCPA”). However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels when that difference is reasonably related to the value provided to us by the data. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

The CCPA requires specific disclosures for California residents.

Categories of Personal Information We Collect

• Identifiers, such as your name, alias, address, phone numbers, or IP address;
• Demographic information, such as language;
• commercial information, such as subscription and monetization activities;
• Internet or other electronic network activity information;
• Geolocation data, such as the location of your device or computer, for example if you enable location services to enable us comply with applicable laws; and
• inference data, such as information about your preferences.

Categories of Personal Information Transferred to Third Parties

• Identifiers, such as your name, address, or phone numbers;
• Demographic information such as your language;
• commercial information, such as the details of subscription and monetization activities;
• Internet or other electronic network activity information; and
• geolocation data.

Business Purpose for Which Information May Be Used or Disclosed

• Protecting against security threats, abuse, and illegal activity. We use and may disclose information to detect, prevent and respond to security incidents, and for protecting against other malicious, deceptive, fraudulent, or illegal activity.
• Maintaining our services. We use information to ensure our services are working as intended, such as tracking outages or troubleshooting bugs and other issues that you report to us.
• Auditing and measurement. We use information for analytics and measurement to understand how our Services are used, as well as to fulfill obligations to our partners like publishers, advertisers, developers, or rights holders. We may disclose non-personally identifiable information publicly and with these partners, including for auditing purposes.
• Research and development. We use information to improve our services and to develop new products, features and technologies that benefit our Users and the public.
• Use of service providers. We share information with service providers to perform services on our behalf, in compliance with our Privacy Policy and other appropriate confidentiality and security measures.
• Legal reasons. We also use information to satisfy applicable laws or regulations, and discloses information in response to legal process or enforceable government requests, including to law enforcement.

How to Submit a Request

To submit an access or deletion request, contact us at support@u.plus. All requests must be labelled “California Access/Removal Request” on the email subject line or post. All requests must state that you personally posted such content and provide a description of the content or information you want removed and information reasonably sufficient to permit us to locate such content or information. We are not responsible for notices that are not labelled or sent properly, and we may not be able to respond if you do not provide adequate information. Please allow 30 days for a response. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to your personal information or complying with your request. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. Additionally, in some circumstances, such as if you request that we delete your data, we may not be able to complete a request for a good or service because we will not have the required information to deliver it.

CHOICE/OPT-OUT (MARKETING COMMUNICATIONS FROM US, EMAIL, PHONE, COOKIES)

You always have the opportunity to opt out of our marketing communications with you or change your preferences by emailing us at support@u.plus or by using the unsubscribe link (if any) found at the bottom of a marketing email to opt out of receiving future emails. Some communications from us are considered transactional or service communications, and our Services are provided to you upon the condition that you receive these communications from us. You must cancel your account and/or order for our Services, as applicable, if you do not wish to receive any transactional or service communications.

CHANGES

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

CONTACT

If you have any questions about this Privacy Policy or about accessing, changing, or deleting your personal information, or closing your Account with any one of our Services, please visit our Site or contact us at support@u.plus indicating the details of the personal information you want to access, change or delete or which Service(s) you wish to close from the email account registered with us.

If you have an inquiry regarding our privacy practices or desire to access your personal data in our possession, we encourage you to contact us at support@u.plus.

For questions or opinions regarding this Privacy Policy, please contact us via e-mail at hofvander@usertechnologies.