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Privacy Policy

Last Modified: June 8, 2021

Introduction

Modern Mast Corporation, and its subsidiaries and affiliates (" Upstream", "we" or "us" ) operates the website located at https://upstreamapp.com/ and related websites and mobile applications (the " Website").

We respect the privacy of our users and are committed to protecting it through our compliance with this privacy policy. This privacy policy describes the types of information we may collect from you or that you may provide when you access or use the Website or any of our other products or services (the Website and any of our other products or services, collectively, referred to as the " Services") and our practices for collecting, using, maintaining, protecting and disclosing that information.

This privacy policy applies to information we collect (i) on or through your use of the Services; (ii) in email and other electronic messages between you and Upstream; (iii) through any mobile and desktop applications you use in connection with the Services, and (iv) with your consent via OAuth (in the case of Gmail) or other delegated authorization (the details of which vary with the service to whom you are granting us permission to access).

This privacy policy does not apply to information you provide to or is collected byany third party whether through or in connection with your use of the Services or otherwise, including through any third party application or content that may link to or be accessible from or on the Services. You agree and acknowledge that Upstream has no duty or responsibility to maintain and safeguard any information you may provide to, or is collected by, any third party whether through or in connection with your use of the Services or otherwise.

This privacy policy is incorporated by reference into our Terms of Service, found at https://upstreamapp.com/terms.

Please read this privacy policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not access or use the Services. By accessing or using the Services, you agree to this privacy policy.

This privacy policy may change from time to time (see Changes to Our Privacy Policybelow). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check this privacy policy periodically for updates.

Children Under the Age of 13

The Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If you are under 13, you are not permitted to provide any information to or on the Services (including any information about yourself, such as your name, address, telephone number, email address or any screen name or username you may use). If we learn we have collected or received personal information from a child under 13 without verification of adult consent, we will delete that information.

Collection of Information

Information We Collect About You

We collect several types of information from and about users of the Services, some of which is personally identifiable and some of which is non-identifying or aggregated, including information:

  • by which you may be personally identified, such as name, postal address, email address, telephone number, biographical information or any other identifier by which you may be contacted online or offline (" personal information");
  • that is about you but individually does not identify you; and/or
  • about your internet connection, the equipment you use to access the Services and usage details.

We collect this information (i) directly from you when you provide it to us, (ii) automatically as you use the Services (which information may include usage details, Internet Protocol (IP) addresses and information collected through cookies, web beaconsand other tracking technologies), and (iii) from third parties (such as our business partners).

Information You Provide to Us

When you book an appointment or purchase a membership, package or other service offered through the Website, as part of the buying and selling process, we collect the personal information you give us such as your name and email address.

The information we collect on or through the Website or otherwise through your use of the Services may include (i) information that you provide about yourself or others by using our Services, including information provided at the time of registering or subscribing to use our Services (such as name, password, email address, and biographical information), posting materialor requesting further Services; (ii) records and copies of your correspondence (including email addresses), if you contact us; (iii) your responses to surveys that we might ask you to complete for research purposes; and (iv) details of any transactions you carry out through the Services.

Information You Give Us via Delegated Authorization

With your consent via OAuth (in the case of Gmail) or other delegated authorization (the details of which vary with the service to whom you are granting us permission to access), we collect your email metadata (including headers, dates, to/from/cc/bcc information, and subject lines). We do not collect your email body data.

Upstream's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements, which can be accessed by visiting the following URL: https://developers.google.com/terms/api-services-user-data-policy#additional_requirements_for_specific_api_scopes

Additional Limits on Use of Your Google User Data: Notwithstanding anything else in this Privacy Policy, if you provide the Webiste access to the following types of your Google data, the Website's use of that data will be subject to these additional restrictions:

  • The Website will only use access to read, write, modify, or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read, and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
  • The Website will not use this Gmail data for serving advertisements.
  • The Website will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the Website's internal operations and even then only when the data have been aggregated and anonymized.

Information Collected Through Data Tracking Technologies

As you use the Services, we may use automatic data collection technologies to collect certain information about your devices, browsing actions and patterns, including details of your use of the Services (such as traffic data, location data, logs and other communication data) and information about your devices and internet connection (including your IP address, operating system and browser type).

The technologies we use for this automatic data collection may include:

  • Cookies and other similar technologies. We may place cookies on your device to collect anonymous data related to your use of the Services. In general, a cookie is a small file placed on your device that can be used to help recognize your browser across different web pages, websites, and browsing sessions. We may use cookies to provide certain features of the Services. It may be possible to refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access certain features of the Services. We may also use other technologies to tailor the Services to you, such as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit Upstream, for example, to track how visitors interact with the Services and for other statistics related to the Services (such as recording the popularity of certain content and verifying system and server integrity).
  • Log Information. We may automatically collect and store certain information in our server logs when you use the Services, including details about how you used the Services, IP address, and information specific to your device (such as system activity, hardware settings, browser type, and browser language).
  • Device Identifiers. We may collect information about your device, such as your operating system, hardware version, device settings, file and software names and types, mobile network information and device identifiers. This helps us measure how the Services are performing and improve the Services for you on your particular device.
  • Location-Based Data. We may collect and process information about your geographic location (for example, through GPS signals) when you use the Services. We will not store or track your device location on an on-going basis or without your permission. We do not share precise geolocation data with third parties, other than our service providers as necessary to provide the Services.
  • Analytics Data. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Services.

Why We Collect Information

The information we collect helps us to improve the Services and to deliver a better and more personalized experience, including by enabling us to estimate our user size and usage patterns, store information about your preferences, allowing us to customize our Services according to your individual interests, and recognize you when you use the Services.

Third-party Collection of Information

Upstream values the privacy of information that you provide to us. We do not utilize third-party advertisers or ad networks as part of our Website. Some portions of our content or applications, however, may be served by third parties. Upstream does not control these third parties or their tracking technologies. If you have any questions about the privacy policy of any third party utilized through the Services, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the Services, and any other information, products or services that you request from us.
  • Present our Website and their contents to you.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including, if applicable, for billing and collection.
  • Notify you when updates to the Services are available, and about changes to any products or services we offer or provide though our Services.
  • Contact you about our own and third-parties' goods and services that may be of interest to you.

Additionally, we may use information that we collect about you or that you provide to us in any other way we may describe when you provide the information or for any other purposes with your consent.

We also use your personal information - including your email message metadata and the frequency of, dates, and number of messages, as well as information about the included parties in the to/from/cc/bcc information - to build and present to you prominently in the user interface an analysis of your contact network and your historical communications with that network.

Following termination or deactivation of an account, we may retain information and content for backup, archival, audit or other business purposes, or otherwise in accordance with applicable laws. We may maintain anonymized, de-identified or aggregated data, including usage data, for analytics purposes. If you have any questions about data retention or deletion, please email [email protected].

For information about how you can opt out of certain uses of your information, see Your Choices About Our Use and Disclosure of Your Information below.

Disclosure of Your Information

We may disclose anonymized, de-identified or aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Service,found at https://upstreamapp.com/terms, and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Upstream, our customers or others.This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may also share aggregated, non-personally identifiable information publicly, including with users, partners or the press in order to, for example, demonstrate how our Services are used, evaluate industry trends, or to create our marketing materials. Any aggregated information shared this way will not contain any personal information.

Upstream disclaims all liability for the disclosure of information (including health information) that you choose to submit voluntarily. You assume all such risks with regards to your use of the Services.

Your Choices About Our Use and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly.
  • Location Information. You can choose whether or not to allow the Services to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the Services may then be inaccessible or not function properly.
  • Promotional Offers**.** If you do not want us to use your email address or contact information to promote our own or third parties' products or services as provided herein, you can opt-out by logging into the Services and adjusting your user preferences in your account profile or by sending us an email stating your request to [email protected].

Accessing and Correcting Your Information

You may review and update your account information by logging into your account and visiting your account profile or settings page. You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us.We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected], or mail us at:

Modern Mast Corporation
607 West End Avenue, Unit 4A
New York, NY 10024

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.All information you provide to us is stored on our secure servers behind firewalls. Any information you provide to us through your use of the Services will be encrypted using industry standard technology. We cannot, however, ensure or warrant the security of any information you transmit to Upstream or guarantee that your information on the Services may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, managerial, or technical safeguards.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the Services, you are responsible for keeping this password confidential.We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

Any changes we make to our privacy policy will be posted on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website and/or by any other reasonable means. The date the privacy policy was last modified is identified at the top of the page.You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Modern Mast Corporation
607 West End Avenue, Unit 4A
New York, NY 10024

[email protected]