Revised: September 1, 2020

The purpose of this Privacy Policy is to describe how Next Up Financial (the “Company”) may collect, use, store, disclose and process (“process”) your information through your access to or use of the Company’s website at https://nextupfinancial.com/ (the “Website”).

1. GENERAL

 (a) Consent. By accessing or using the Website, you consent to the collection and processing of your information in accordance with this Privacy and as permitted or required by applicable law.

 (b) Interpretation. For the purposes of this Privacy Policy, the words “such as,” “include,” “includes” and “including” will be deemed to be followed by the words “without limitation.”

2. HOW AND WHAT INFORMATION THE COMPANY COLLECTS, AND HOW THE COMPANY USES INFORMATION

 (a) Information That You Provide or Generate Directly. The Company may ask for or you may provide certain information such as your name, physical address, email address, telephone number, and other personal information. The Company may retain any such information, as well as search queries, responses to surveys, and other content that provide to the Company, and information about your transactions. The Company processes this information to operate, maintain, improve, and provide the features and functions of the Website, and as further described below.

 (b) Information Collected or Received from Third Parties. The Company may receive information about you from third parties (e.g. Mailchimp). When applicable, you should review and, if necessary, adjust your privacy settings on third-party services before linking or connecting them to the Website.

 (c)  Analytics information. The Company may collect, measure and analyze traffic and usage trends for the Website, and the Company may use third-party analytics tools, including cloud-based tools like Google Analytics, to help the Company for such purposes (“Analytics Tools”). This allows the Company to understand, among other things, who is using the Website, how they are using it, and ways to improve the Website. Analytics Tools may use cookies and persistent device identifiers to collect and store information about you, such as time of visit, pages visited, time spent on each page, IP address, and type of operating system used.

 (d) Cookies. When you access or use the Website, the Company or its business associates may send one or more cookies (small text files containing a string of alphanumeric characters) to your device that uniquely identify your browser and enhance your navigation within the Website. A cookie may also convey information to the Company about how you use the Website (such as the pages you view, the links you click and other actions you take) and allow the Company or the Company’s third-party business associates to track your usage of the Website. There are least two different types of cookies: persistent and session cookies. A persistent cookie remains on your device after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your browser’s directions for removal of cookies. A session cookie is temporary and is deleted after you close your browser. You can set your browser to refuse all cookies or to notify you when a cookie is being sent. However, some features of the Website may not function properly if cookies are disabled.

 (e) Log File. Log file information is automatically reported by your browser each time you access a web page or URL and by the Company mobile applications (if any) each time you use them. When you access or use the Website, the Company’s or its e-commerce partners’ servers may automatically record certain log file information, such as your request, internet protocol (IP) address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links within the Website, domain names, landing pages and pages viewed.

 (f)  Clear GIFs/Web Beacons. Clear GIFs (also known as web beacons) allow for the tracking of a user’s response to an email or usage of a website in a manner that does not reveal personally-identifiable information. the Company may use clear GIFs or similar technologies to assess responses to emails and usage of the Service, such as tracking when emails are opened and which links are clicked by recipients. You can disable the ability of clear GIFs to capture information by blocking cookies.

 (g) Device Identifiers. When you access or use the Website using a mobile device, the Company or its business associates may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (UUID). Device identifiers are small data files or similar data structures stored on or associated with your device that uniquely identify your device. A device identifier may consist of data stored in connection with the device hardware, operating system or other software, or data sent to the device by or on behalf of the Company. A device identifier may convey information to the Company about how you browse and use the Website. A device identifier may remain persistently on your device to enhance your navigation within the Website. Some features of the Website may not function properly if use or availability of device identifiers is impaired or disabled.

 (h) Advertising Identifiers. Advertising identifiers are unique strings associated with your mobile device that are provided by the operating system. Advertising identifiers may be modified or disabled by users in the device operating system’s settings.

 (i)   Location Data. When you access or use the Service, the Company may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (such as latitude and/or longitude) or similar information regarding the location of your device. Location data may convey to the Company information about how you browse and use the Service. Some features of the site, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

 (j)   Commercial Communications. The Company may use the information the Company collects or receives to send you service-related notices (such as account verification, technical and security notices). The Company may also use the information to communicate directly with you, such as sending you emails or other communications containing reminders, newsletters, promotions, discounts, and special offers (including for third party offerings).

 (k) Use of Certain Service-Type Data. The Company may process the information described in this Section to: (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the Website; (ii) provide custom, personalized content or information; (iii) monitor and improve the effectiveness of the Website; (iv) monitor aggregate metrics, such as total number of visitors, traffic and demographic patterns; (v) diagnose or fix technology problems; (vi) provide advertising to your browser or device; and (vii) conduct research or surveys.

 (l)  Use of Information with Your Consent. The Company may further process your information for any other purpose for which you provide consent.

 (m) Advertising Ecosystem. We may use online advertising services that enable a practice referred to as “online behavior advertising.” These services aggregate data about an individual’s behavior on many different sites and online services, and use that data to sell targeted advertising services.  For example, Google or Facebook may combine data about an individual that it collects from different sources, and uses this aggregate data to sell advertising services that target the display of ads to web users who meet certain behavioral criteria.  Google and Facebook do not disclose this aggregate data to the Company, but we may be able to infer that users who interact with our ad meet the advertising criteria we provided.  Google and Facebook collect this data using cookies, web server logs (its own and its advertising customers), clear gifs and other online data collection techniques.

 (n) Combining Information. The Company may combine any of the information that the Company collects from or about you with information from other sources and process such combined information in the manner described in this Privacy Policy.

3. How the Company May Share Your Information

 (a) Business Associates and Service Providers. The Company may share information about you with third-party business associates and service providers that perform services on the Company’s behalf in connection with the Website. The Company does not presently have parent corporations or subsidiaries, but if the Company’s corporate structure evolves, the Company may also share information about you with any of the Company’s affiliates for purposes consistent with this Privacy Policy.

 (b) Business Change. If the Company becomes involved in a merger, consolidation, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution or other transaction, or if the ownership of all or substantially all of the Company’s business otherwise changes, the Company may share or transfer your information to third parties in connection with such transaction or change in ownership, including as part of the due diligence process conducted by the parties to a potential transaction and the subsequent operation of the business by any successor.

 (c)  Necessary Disclosure. Regardless of the choices you make concerning your information and to the extent permitted or required by applicable law, the Company may disclose information about you to third parties to: (i) enforce or apply this Privacy Policy; (ii) comply with laws, subpoenas, warrants, court orders, legal processes or requests of government or law enforcement officials; (iii) protect the Company’s rights, reputation, safety or property, or that of the Company’s users or others; (iv) protect against legal liability; (v) establish or exercise the Company’s rights to defend against legal claims; or (vi) investigate, prevent or take action regarding known or suspected illegal activities, fraud, or as otherwise required by law.

 (d) Sharing Information. The Company may share certain service-type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear GIFs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks) with the Company’s third-party business associates for the purposes described in Section 2. The Company may also aggregate or otherwise remove all personally-identifying characteristics from your information and share that aggregated, de-identified data with third parties.

4. HOW THE COMPANY PROTECTS YOUR INFORMATION

 The Company takes physical, technological and organizational measures designed to protect the information you provide through the Website against loss, theft, and unauthorized access, use, disclosure or modification. However, the Company cannot ensure or warrant the security of any information you transmit to the Company or guarantee that information within the Website will not be accessed, disclosed, altered or destroyed. Communications sent to or from the Website may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to the Company via email.

5. YOUR RIGHTS OVER YOUR INFORMATION

 (a) Accessing and Managing Your Personal Data. You may access personal data by direct inquiry to hello@nextupfinancial.com. To help protect your privacy and maintain security, the Company may take steps to verify your identity before granting you access to the personal data. To the extent permitted by applicable law, a charge may apply before the Company provides you with a copy of any personal data that it maintains about you.

 (b) Targeted Advertising. You can learn more about targeted ads and your choices to prevent third parties from delivering targeted ads to your browser or device by visiting http://optout.networkadvertising.org/ and http://optout.aboutads.info/. You should be aware that even if you opt out of targeted ads, you may still see ads within the Website, although the ads may not be tailored to your interests.

 (c)  Do Not Track. At this time, the Company does not recognize “do not track” signals sent from browsers. Third-party services that the Company uses may collect personal information about individual users and their activities over time and across different websites. In some cases, you may be able to disable tracking mechanisms, but doing so may disable certain features of the Website. To disable tracking, please consult the documentation for your browser, operating system or device. For some devices, it may not be possible to disable tracking mechanisms. Section 2 of this Privacy Policy provides more detail on how the Company uses cookies and similar technologies.

6. HOW LONG THE COMPANY KEEPS YOUR INFORMATION

 The Company will retain your information as long as necessary for the purposes outlined in this Privacy Policy, and for a commercially reasonable time thereafter for backup, archival, fraud prevention or detection, or audit purposes, or as otherwise required by law.

7. YOUR CALIFORNIA PRIVACY RIGHTS

 Under California Civil Code Section 1798.83, if you are a California resident and your business relationship with the Company is primarily for personal, family or household purposes, you may request certain data regarding the Company’s disclosure, if any, of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to hello@nextupfinancial.com with “Request for California Privacy Information” in the subject line. You may make such a request up to once per calendar year. If applicable, the Company will provide to you via email a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately-preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by Section 1798.83’s requirements.

8. ADDITIONAL PRIVACY INFORMATION

 (a) International. The Website may be hosted or operated in countries other than the country in which you reside. Those countries may have different data protection laws and regulations from those that apply in your home country. By accessing or using the Website, you authorize the Company to process and transfer your information in and to the United States and in and to any other country where it operates. Please be aware that the governments, courts, and law enforcement, security or agencies of a particular jurisdiction may be able to obtain access to or disclosure of your information as permitted by the laws of that jurisdiction.

 (b) Children’s Privacy. The Website is not directed to children and is intended for use by adults only. The Company does not knowingly collect personal information from individuals under 13 years of age. If you are under the age of 13, you may not use the Website or submit any personal information through the Website.

 (c)  Third-Party Services and Services. The Website may reference or provide links to other websites or resources. If you access any website or resources provided by a third party, this Privacy Policy will not apply. Your interactions with such websites and resources are subject to the privacy policies of the third parties that operate them. Please review those policies carefully to understand how those parties will treat your information.

 (d) Updates to this Privacy Policy. The Company may update this Privacy Policy from time to time, and the updated version of this Privacy Policy will be effective upon posting. Please check this page to review the most up-to-date version of this Privacy Policy. By continuing to access or use the Website after an updated version has been posted, you agree that the new policy will apply to you.