Privacy Policy
Effective 12.12.2015
Upsurge Advisors, LLC (the “Company”, “we”) strives to offer visitors to the Site the many advantages of Internet technology and to provide an interactive and personalized experience to the greatest extent possible. We may use your name, e-mail address and telephone number(s) (“Personally Identifiable Information”) subject to the terms of this Privacy Policy. Please note that this Privacy Policy applies only to information collected through the Site and does not impact information collected or used by the Company or its affiliates through other means.
1. How we gather information from users. How we collect and store information depends on the page or portion of the Site that you are visiting and the activities in which you elect to participate. You can visit many pages on the Site without providing any information. Other pages may prompt you to provide information, such as when you register to become a contributor.
We do not collect personally identifiable information through the Site unless that information is provided by you during registration for various features on the Site. Information required to participate in such features may vary but will typically include: (i) your first and last name, (ii) your e-mail address, and (iii) your telephone number. You may also be requested to provide a username and password for certain features. At times, a mailing address may also be requested/required.
Like most websites, the Site also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use "cookie" technology. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular feature while visiting the Site. As we adopt and/or implement additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but doing so may limit your ability to access certain portions of the Site or may require you to re-enter your user name and password. Additionally we may not be able to customize the Site's features according to your preferences.
2. What we do with the information we collect. We will use your information only as permitted by law. Information that does not personally identify you (“Aggregated Information”) may be used in various ways. For example, we may combine information about your usage patterns with similar information obtained from other users to learn which Site pages are visited most or what features of the Site are most attractive. Aggregated Information may be shared with our advertisers and business partners, but cannot be used to contact you individually. We will not sell or otherwise provide your personally identifiable information to any advertisers.
As we continue to develop our business and grow, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities. Please note we may not provide you with notice prior to disclosure in such cases.
3. Security of personal information and payment data. The Company will at all times undertake various security measures to protect against the loss, misuse and alteration of the information under its control. We have and will continue to undertake physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information.
Although we take various measures to safeguard against unauthorized disclosures of information, we cannot assure you that the personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy. Inadvertent disclosures may result, for example, when third parties misrepresent their identities and request access to personally identifiable information.
Only those employees and hired professionals (e.g., lawyers) needed to carry out requisite business functions will have access to information on individual Site users. Employees and hired professionals violating these privacy policies will be subject to disciplinary action.
Please note, however, that whatever a user transmits or discloses online can be collected and used by others or unlawfully intercepted by third parties. No data transmission over the Internet can be guaranteed to be 100% secure. Although we strive to protect your personal information, we cannot warrant the security of any information you transmit to us. Such activities are beyond the control of the Company and this Privacy Policy.
4. Affiliated sites, linked sites and advertisements. The Company expects its partners, advertisers and third-party affiliates to respect the privacy of our users. However, third parties, including our partners, advertisers, affiliates and other content providers accessible through the Site, may have their own privacy and data collection policies and practices. For example, during your visit to the Site you may link to, or view as part of a frame on the Site, certain content that is actually created or hosted by a third party. Also, through the Site you may be introduced to, or be able to access, information, web sites, advertisements, features, contests or sweepstakes offered by other parties. The Site is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
5. Children. Although the Site is accessible by persons of all ages, neither the Company nor the Site knowingly collects or solicits personally identifiable information from or about children under the age of 13, except as permitted by law. If we discover we have received any information from a child under the age of 13 in violation of this Privacy Policy or applicable law (i.e., the Children’s Online Privacy Protection Act, as amended), we will delete that information immediately. If you believe the Site has any information from or about anyone under the age of 13, please contact us at the address in Section 7 listed below.
6. California Privacy Rights. (NOTE: Company currently is exempt from the provisions of California Civil Code Section 1798.83 pursuant to subsection (c)(1) as Company is a business with fewer than 20 full-time or part-time employees). If you are a resident of California and have an established business relationship with a company, California Civil Code Section 1798.83 may give you the right to request an Information-Sharing Disclosure that would include a list of all third parties who have received your personally identifiable information for direct marketing purposes in the past year. This disclosure would also list the types of personally identifiable information that were disclosed to these third parties.
As an alternative to providing an Information-Sharing Disclosure, Section 1798.83(c)(2) allows a business to comply with the law by notifying its California customers of their right to prevent the disclosure of personally identifiable information and providing a cost-free means of exercising those rights. As a prerequisite to this alternative option, businesses must do at least one of the following: (1) publish and maintain a policy of not disclosing personal information of customers to third parties for the third parties’ direct marketing purposes unless the customer first affirmatively agrees to that disclosure; or (2) publish and maintain a privacy policy of not disclosing the personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option that prevents that information from being disclosed to third parties for those purposes.
As stated above, the Company will not share your personally identifiable information with third parties unless you opt-in to such disclosure by registering or signing up for one of our services. Additionally, the Company provides you with the ability to opt-out of sharing your personal information with third parties for direct marketing purposes. Therefore, the Company qualifies for the alternative option and we have chosen to provide you with a cost-free means of exercising your opt-out right. As such, we are not required to provide you with an Information-Sharing Disclosure listing all of the third parties with whom we may have shared your personal information during the past year.
To exercise your opt-out right, please follow the cost-free procedure described below.
Opt-Out Procedure. If you are a California resident and wish to exercise your right to opt-out from the Company sharing your personally identifiable information with third-parties for their direct marketing purposes, please send your written request for a California Customer Choice Notice and opt-out form to the email address in Section 7 below.
7. Contacting us. We can be reached by contacting:
UPSURGE ADVISORS, LLC
E: NDEFALCO@UPSURGEADVISORS.COM
8. Changes to this policy. This Privacy Policy may be changed at any time. Please check this page periodically for changes. Your continued use of the Site following the posting (with reasonable notice of not less than 10 business days) of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
9. Miscellaneous. This Privacy Policy and the use of this Site shall be governed by and construed in accordance with the laws of the State of Delaware as applied to agreements entered into and to be fully performed within the State, without regard to its conflicts of law provisions. Any controversy or claim arising out of or relating to this Privacy Policy, or the breach thereof, shall be settled, if possible, through good faith negotiations between the affected parties. If such efforts are unsuccessful, the controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules then in effect, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided, however, that the parties may first resort to the state and federal courts for preliminary injunctive relief in the event such relief is not available in arbitration. The arbitration proceeding shall be held in a location mutually agreeable to the parties, or if the parties are unable to agree, in Chicago, Illinois. Each party shall bear its own arbitration costs and expenses; provided, however, that the arbitrators may modify the allocation of fees, costs, and expenses in the award in those cases where fairness dictates other than an equal allocation between the parties. You hereby agree that any cause of action you may have with respect to the Site must be filed within one hundred eighty (180) days of the date upon which the events giving rise to such claim were known or should have been known to you, or you agree to unconditionally waive such claim. You agree no such claim may be brought as a class action. Every provision of this Privacy Policy is intended to be severable. In the event that any provision hereof is declared by a court of competent jurisdiction to be invalid or unenforceable for any reason whatsoever, such invalidity or unenforceability shall not affect the balance of the provisions hereof, which provisions shall remain binding and enforceable; provided, however, said invalid or unenforceable provision shall be deemed automatically replaced with a valid and enforceable provision having the maximum similar legal effect possible. Failure by the Company to insist upon strict and/or immediate adherence to any term of this Privacy Policy on one or more occasions shall not be considered a waiver of the Company’s right to thereafter insist upon strict and immediate adherence to that term, or any other term of this Privacy Policy, at any time. This Privacy Policy and its benefits, obligations and other provisions is applicable to, binding upon, and shall inure to the benefit of you and the Company, and each party’s successors, assigns and any entity claiming through or on behalf of said party. The Site is controlled, operated and administered entirely within the United States. If you are located outside the United States, please note the information you provide to us will be transferred to the United States. This Privacy Policy also hereby incorporates in full by this reference the terms and conditions contained in the Company’s Terms and Conditions of Use Agreement for the Site.
Copyright © 2016 Upsurge Advisors, LLC. All Rights Reserved.
