Last Modified: January 15th, 2020
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”).
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 beacons and 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, biographical information), posting material or 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 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:
- 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
Some content or applications, including advertisements, on the Services may be served by third parties, including advertisers, ad networks and servers, content and application providers. These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
Upstream does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Use and Disclosure of Your Information below.
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.
- Enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
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.
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 third parties to market their products or services to you if you have consented to or not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- 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.
- Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes 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].
- 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].
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences 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 335 Madison Avenue, 16th Floor New York, NY 10017
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.
Modern Mast Corporation 335 Madison Avenue, 16th Floor New York, NY 10017