Upland respects your privacy and is committed to protecting your Personal Information.
This Privacy Notice explains how Upland and its subsidiaries, (collectively referred to hereinafter as “Upland”, “we” or “our”) collect, store, use, disclose and otherwise process information we collect when you visit our websites (“Sites”), including uplandsoftware.com or otherwise interact with us online and through other means such as sales and marketing activities and events.
Who We Are
About Our Service Offerings
Information We Collect
How Your Personal Information is Collected
Information We Collect on Behalf of Our Customers
How the Personal Information We Collect is Used
Disclosure of Your Personal Information
Accessing, Correcting and Deleting Your Personal Information
Privacy Shield Statement
European Economic Area (EEA): Privacy Rights Under GDPR
California: Privacy Rights Under CCPA
Privacy Notice Changes
Questions and Contact
We provide cloud-based enterprise work management software. We define enterprise work management software as software applications that enable organizations to plan, manage and execute projects and work. Our family of applications enables users to manage their projects, professional workforce and IT investments, automate document-intensive business processes, and effectively engage with their customers, prospects, and community via the web and mobile technologies.
We provide the Service to you, our Customer, under an agreement with you and solely for your benefit and the benefit of your customers (“End User”).
Upland is the data Controller when we collect, store and use your Personal Information to communicate and market directly to you, our Customers.
Upland is the data Processor, when engaged by you, the Customer, to process End User Personal Information on your behalf. Your agreement with Upland governs our use of and processing of End User Personal Information.
During the normal course of business with Upland or our third-party partners, we may collect Personal Information such as your name, email address, postal address, phone number and other Personal Information you provide via the Sites when, for example, you request information about our Services, provide feedback about our Services or register for sales events or marketing activities. We may collect additional Personal Information, such as billing, banking or payment information, when you register for our Service and in order to establish an account with us. For self-service, credit card information may be collected and subsequently shared with a third-party service provider for purpose of billing and collecting payment.
We automatically collect certain information when you visit or use the Sites to help analyze and make improvements to the service configuration, performance and consumption. This may include information about the specific computer or device you are using, such as your computer’s operating system, Internet Protocol (IP) address and general geolocation. We also automatically collect and store information about your activities on our Sites, such as information about how you came to and used our Sites, event information (like access times, browser type and language) and data collected through Cookies and other similar technologies that uniquely identify your browser, computer and/or other device.
Upland may collect End User Personal Information under the instructions provided as part of the Service, which we will process as a Processor (or sub-processor) on your behalf. Upland has no direct relationship with individual End Users whose Personal Information it processes.
We may use Personal Information collected via the Sites and our Service to:
- Provide, maintain, improve, and protect the Sites and Platforms
- Resolve technical issues, and respond to customer service requests
- Conduct research and development
- Confirm your identity, verify accounts and activity
- Monitor suspicious or fraudulent activity and to identify violations of our terms
- Provide more tailored services to you
- Send you requested product or service information, newsletters and/or marketing emails
- Send you related information, including invoices, technical updates, additional service offerings, account alerts and confirmation and other support and administrative messages
- Provide you with product information and support services offered on the Site or with respect to the Service
- Understand our customers and their preferences, to enhance our Sites, products and services.
We may disclose your Personal Information with third parties only in the ways that are described in this Privacy Notice. We do not sell your Personal Information to third parties.
We may provide your Personal Information to third parties who are acting on our behalf or assist us in providing Services to you, such as data storage, maintenance services, hosting services, database management, web analytics, service providers, and payment processing providers. We do not allow these third parties to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions.
Such third parties are subject to this Privacy Notice in addition to certain contractual obligations with respect to the use of your Personal Information.
We may also disclose your Personal Information as required by law such as to comply with a subpoena or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
If one of the Upland affiliates or group companies is involved in a merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Sites of any change in ownership or use of your Personal Information, as well as any choices you may have regarding your Personal Information.
We post customer reviews on our Sites, which may contain Personal Information. We will obtain your consent via email prior to posting your name and review. If you wish to change or delete your review, you may contact us at email@example.com.
Our Sites offer publicly accessible blogs or community forums. You should be aware that any information you provide via a blog or community forum, including posting comments, may be read, collected, and used by others who access them. To request removal of your Personal Information from our blog or community forum, contact us at firstname.lastname@example.org.
We use your Personal Information to communicate with you, primarily via email, on a variety of service-related topics.
You may choose to stop receiving communications from us, including, for example, email correspondence to confirm your purchase, remind you of upcoming subscription expiration, respond to your comments, questions and requests, provide customer support, inform of security alerts, account updates, and other administrative announcements. These communications are fundamental elements of our Service and in most cases, by opting out of these communications, you may be unable to effectively receive Service. To opt-out, contact us at email@example.com
You may also choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in the email.
If you are a Customer and would like to update your account, please contact your sales or customer service representative.
If you need assistance in amending or deleting an End User’s Personal Information, we will respond to your request without undue delay but may require additional forms of identification by the End User to confirm their identify before taking action to alter or remove any Personal Information.
We will retain your Personal Information and the End User Personal Information that we process on your behalf for as long as the account is active or as needed to provide Service. Your Personal Information may be stored for one year; after which time, the Personal Information will be archived. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
The security of your Personal Information is important to us. We follow generally accepted industry standards to prevent unlawful destruction, loss, alteration, unauthorized disclosure of or access to your Personal Information. We use appropriate technical and organizational measures to protect your Personal Information which may include physical access controls, encryption, internet firewalls, intrusion detection and network monitoring. Our team members who may have access to your Personal Information are required to keep that information confidential and are provided with security awareness training. To learn more, please visit Upland Security.
Your Personal Information and the Personal Information of the End User may be transferred to and processed in countries other than the country in which you or the End User is a resident. We may transfer Personal Information to companies that help us provide our Platforms or Services. Transfers to subsequent third parties are covered by the terms of the service agreement we have in place with you. In addition, please refer to Upland’s Privacy Shield Statement for more information.
Upland Software has self-certified and complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework, as set forth by the US Department of Commerce, regarding the collection, use, and retention of Personal Information transferred from the European Union (“EU”) and Switzerland to the United States (“U.S.”) in reliance on Privacy Shield. Upland has certified that it adheres to the Privacy Shield Principles with respect to such data.
Upland recognizes that both Privacy Shields are no longer recognized as a valid transfer mechanism for the transfer of data from the EU and Switzerland to the U.S. However, Upland retains it certification to emphasize its commitment to providing safeguards of Personal Information transferred from the EU. Notwithstanding, Upland relies on the EU Standard Contractual Clauses, adopted pursuant to the European Commission’s implementing decision EU 2021/915 of 4 June 2021, for the valid transfer of Personal Data outside of the EU and Switzerland to third countries that have not received an adequacy decision by the European Commission.
Where Personal Information is transferred, under the Privacy Shield Framework, Upland is subject to the investigatory and enforcement powers of the US Federal Trade Commission (“FTC”).
In accordance with the Privacy Shield Principles, individuals in the EU and Switzerland have the right to access, amend, or delete their Personal Information transferred to the United States. To access or make changes to your Personal Information or to request removal of your Personal Information, please contact us at firstname.lastname@example.org.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your Personal Information, please submit a written request to email@example.com.
Upland uses third-party sub-processors to provide Service to our Customers. Upland remains responsible and liable under the Privacy Shield Principles for our third-party sub-processors, unless Upland proves that it is not responsible for the event giving rise to the damage.
Upland is committed to resolve complaints in accordance with the Privacy Shield Framework. Individuals in the EU and Switzerland may submit a complaint by contacting us at firstname.lastname@example.org.
Upland has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit the BBB EU PRIVACY SHIELD for more information and to file a complaint. This service is provided free of charge to you.
If your complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration. Additional information is available here for EU residents and here for Swiss residents.
If you are an individual in the European Economic Area (“EEA”), collection, processing and transfer of your Personal Information is governed by the General Data Protection Regulation (“GDPR”).
We collect and process Personal Information about you only where we have a legal basis for doing so under applicable data protection law. Legal basis, in accordance with GDPR is defined as one or more of the following criteria:
- You have given consent to the processing of your Personal Information for one or more specific purposes
- Processing is necessary to satisfy a contract to which you are a party
- We need to process your Personal Information to comply with a legal obligation
- Processing of your Personal Information is necessary to protect your vital interests or the vital interests of another natural person
- Processing of your Personal Information is necessary to perform a task in the public interest or to carry out some official function
- We have a legitimate interest to process your Personal Information
The GDPR further affords individuals with the EEA specific rights. You have the right to:
- Access the Personal Information we process about you
- Correct inaccurate or incomplete Personal Information about you
- Delete Personal Information about you
- Restrict the processing of some or all of your Personal Information on a temporary or permanent basis
- Transfer your Personal Information to you or a third-party when we processed the data based on your consent or contract which is based on automated processing
- Opt-out or object to the use of Personal Information about you when either: (i) use is based on legitimate interest or consent; or (ii) you do not want use to share data with third parties based on Cookies or similar technology for use in advertising or website functionality
However, please be advised that removal of your Personal Information may result in your inability to use some or all features and functionality of the Platform.
Where you believe that we have not complied with our obligation under this Privacy Notice or data protection law, you have the right to submit a complaint to your local Data Protection Authority.
These data protection rights do not apply to Upland where we process End User Personal Information as a data Processor on your behalf. Where this is the case, any request to exercise data protection rights will be directed to you (Controller).
The California Consumer Privacy Act (“CCPA”) places limitations on businesses which collect or sell the Personal Information of California consumers and provides these consumers rights with respect to their Personal Information. Those rights include:
- The right to know what Personal Information is collected, used, shared or sold
- The right to delete Personal Information held by a business or service provider
- The right to opt-out of sale of Personal Information
- The right to non-discrimination when exercising your privacy rights under CCPA
Effective January 1, 2023, the CCPA, as amended by the California Privacy Rights Act, will afford California consumers the above rights in addition to:
- The right to correct inaccurate Personal Information maintained by the business
- The right to limit use and disclosure of sensitive Personal Information
The CCPA distinguishes between the organization collecting consumer Personal Information for its own purposes (Controller) and an organization designated by the Controller to process that Personal Information (Processor). The CCPA imposes obligations only upon “businesses” and not upon “service providers”. CCPA defines a “business” and a “service ‘provider”, which are similar to Controller and Processor, as defined in this Privacy Notice.
Upland has prepared an Addendum to its Services Agreement which sets forth the additional contractual provisions Upland will adhere to in order to meet the definition of a “service provider” under the CCPA, and to ensure our Customers’ compliance.
Please read Upland’s Privacy Notice in its entirety for details on the categories of Personal Information collected, as well as our collection, use and disclosure practices.
You may request a copy of Personal Information we collected or disclosed within the past 12 months. You may also request deletion of your Personal Information. Please submit your request to email@example.com.
We may periodically update this Privacy Notice. When we do, we will also revise the “effective date” of the Privacy Notice. If we make any material changes, additional notification will be provided, such as a statement on the Site, posting a notice in the Upland Community portal, or providing email notification.
We encourage you to review this Privacy Notice periodically to stay informed of our privacy practices.
For questions about this Privacy Notice, how your Personal Information is used, or to access, correct, or remove your Personal Information, please contact us at: firstname.lastname@example.org or
Upland Software, Inc.
401 Congress Avenue, Suite 1850
Austin, Texas 78701
Controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data
Cookies – a small file that is stored on a Site user’s computer for record-keeping purposes (session cookies make it easier to navigate within a site and expires when the browser is closed; persistent cookies remain on the hard drive for an extended period of time and can be used when the user returns to the site for identification and log in)
Customer – party to which Upland directly provides Service, as prescribed in the Service Agreement
End User – any person whose Personal Information is being collected, stored or processed on behalf of the Customer
Personal Information – information that can be used, individually or in aggregate, to distinguish or trace the identity of an individual, including but not limited to:
- first and last name
- physical address
- email address
- telephone number
- social security number
- details of physical appearance
- any other information stored online that may identify an individual
Under the CCPA, Personal Information also includes family or household data
Platform – environment in which a piece of software is executed
Processor – the natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
Service – the executed performance of the Service Agreement, signed by Upland and the Customer
Effective November 7, 2022