Upward Privacy Policy
Update date: April 1, 2024
Effective date: April 1, 2024
Dear user
This Privacy Policy applies to the products and services offered by the Upward team (hereafter referred to as "we" or "us"). We respect and protect the privacy of our users (hereafter referred to as "you" or "users"). We collect, disclose, and process your personal information in accordance with this Privacy Policy (hereafter referred to as "this policy") when you engage in the following activities:
(1) Accessing or using the Upward website or mobile applications ("Applications") and services.
(2) Providing us with your personal information, regardless of the medium used.
This policy may be updated online at any time without prior notice. The updated policy will take effect immediately upon its publication on our application and will supersede the original policy.The revised policy will be effective immediately. We recommend that you carefully read and understand the entirety of this policy before using the application. By supplying us with your personal information, you consent to our collection, use, disclosure (including transmission), and processing of your personal information in accordance with the terms of this policy.
We fully recognize the significance of personal information to you and will implement appropriate security measures in line with established industry standards to do our utmost to safeguard your personal information.If you disagree with any part of this privacy policy, you should cease using our services immediately.
1) Information We Collect From You
1. We collect information related to your mobile device, such as device ID, and personal information including your username, personal profile picture, email address, and associated social media accounts. We also gather your wallet address, operational records, and transaction records, among other details.
2. You should be aware that your wallet password, private key, mnemonic, and Keystore within the application are not stored or synchronized with our server. Please safeguard this information appropriately. If lost, we cannot offer services to recover your wallet password, private key, mnemonic words, or Keystore.
3. We may request additional personal information from you to enable the use of certain specific features within the application. If you choose not to provide this personal information, it will be considered that you have forfeited the right to use these specific features of the application.
4. Within the limits allowed by laws and regulations, we may collect and use your personal information without obtaining your explicit consent in the following circumstances:
(1) When related to national security and national defense security.
(2) When related to public safety, public health, and significant public interests.
(3) When related to criminal investigations, prosecutions, trials, and the enforcement of judgments.
(4) When the personal information collected is already in the public domain.
(5) When collecting your personal information from legally disclosed sources, such as legitimate news reports, government information disclosures, and other channels.
(6) When necessary for maintaining the security and compliance of services, such as identifying and addressing malfunctions in products and services.
(7) In other circumstances as permitted by laws and regulations.
5. Our methods of collecting information are as follows:
(1) When you voluntarily provide information to us for any reason.
(2) When you give us permission to gather information from third parties on your behalf.
(3) Through your use of our applications and services.
(4) When you communicate or interact with our employees via various channels, including social media, communication platforms, in-person meetings, phone calls, emails, faxes, and letters.
(5) During your transactions with us, any contact made with us, or whenever you request our contact.
(6) When you opt to subscribe to our newsletter.
(7) By duplicating all or part of your transaction records from a blockchain system, although your actual transaction records will be as per the blockchain system's records.
6. Our application may employ various techniques for collecting personal information. The specific methods of collection will be detailed in this policy (see Section 5 below) or in the applicable terms and conditions.
7. Providing personal information to us is a voluntary action on your part, and you have the right to withdraw your consent at any time. However, should you decide not to provide the personal information we request, it may result in your inability to use the app, and we may be unable to contact you or deliver the products or services you require.
8. In certain instances, you may supply us with personal information belonging to someone other than yourself. If you do provide information about others, it is your responsibility to ensure that you have secured consent from the individuals concerned, permitting us to collect their personal information, and that these individuals have agreed to you disclosing their personal information to us. You agree to indemnify us and hold us harmless should any such individuals raise a claim against us concerning the collection, use, and disclosure of their personal information in accordance with the terms of this policy.
9. You are responsible for ensuring that the personal information you provide to us is truthful, accurate, and complete. It is also your responsibility to inform us of any changes to your personal information.
2) How We Use Your Information
1. We will collect, use, or disclose your personal information exclusively for one or more of the following purposes:
(1) Providing you with the products and/or services you require.
(2) Managing your relationship with us.
(3) Enhancing your user experience.
(4) Verifying the correspondence between you and your wallet through the unique serial number of your mobile device.
(5) Promptly sending you important notifications, such as software updates, service agreements, and changes to the terms of this policy.
(6) Assisting you in handling your questions, feedback, complaints, and requests through the wallet address and provided mobile device information.
(7) Informing you of our products, services, projects, and activities.
(8) Resolving disputes, investigating complaints, claims, or controversies, or any actual or potential illegal actions.
(9) Conducting our internal audits, data analysis, and research.
(10) Analyzing user behavior by tracking their usage of the application.
(11) Complying with laws, regulations, and regulatory requirements.
(12) Adhering to international laws and regulations regarding security, anti-money laundering, or counter-terrorism requirements.
(13) Fulfilling our obligations and contractual terms and conditions.
(14) Pursuing any reasonable purpose related to the aforementioned purposes.
2. With your consent, we may occasionally use your personal information for additional purposes, such as notifying you about the latest activities, discounts, and promotional offers introduced by our strategic partners or affiliates.
3. In the "Usage Settings" section of Upward, we offer a "biometric login" feature, enabling you to conveniently log in and manage your wallet and digital tokens.
3) How You Control Your Information
You possess the following independent rights to control your personal information within the application:
1. You can import your other wallets into the Upward app by synchronizing your wallets, or import your wallet from the Upward app into another digital token management wallet. The Upward application will provide you with information about importing a wallet.
2. You are aware that you have the capability to execute various operations via the "Assets" section, which include, but are not limited to: switching your blockchain and wallet account, checking the balance of digital tokens, making transfers and receiving payments, voting on and pledging to proposals, viewing NFT information, conducting NFT cross-chain transfers, among other activities.
3. You are aware that in the "Settings" section of the application, you can perform various operations, including but not limited to: modifying basic wallet information (such as wallet name, wallet password, exporting mnemonics or private keys), switching application languages, toggling between dark and light modes, and activating biometric login.
4. You are aware that neither you nor we have control over the public availability of your transaction records. Due to the open-source nature of the blockchain trading system, your transaction records are publicly transparent across the entire blockchain system.
5. Our application will feature links to other websites, applications, or smart contracts that are not owned, operated, developed, or maintained by us. These links are provided for your convenience.When you use third-party services, please be aware that our Upward Service Agreement and Upward Privacy Policy will no longer be applicable. We recommend that you carefully read and understand the privacy rules and relevant user service agreements of these third-party services.
6. You have the right to request us to update, modify, or delete your personal information, and/or withdraw your consent to us. If you wish to withdraw the consent you have given us, or if you wish to update, change, delete, or access the personal information we hold, or if you do not accept our modifications to this policy, you can contact us at:
upward@uptickproject.com7. In many cases, we require your personal information to provide you with the products or services you request. If you choose to refuse to provide us with the personal information we request or withdraw the consent you have given us, we may not be able to continue providing you with the requested products and services.
4) We May Share or Transmit Your Information
1. We will store your personal information for business and legal purposes.
2. Without your consent, we will not sell, trade or transfer your personal information to third parties.
3. If you agree to our disclosure of your personal information to strategic partners or affiliates, we may disclose your personal information to such entities. These entities will only use your personal information for purposes to which you have agreed.
4. You agree that we may disclose or share your personal information with the following third parties: service providers and data processors who represent us and provide services to us, such as data processing or management services, website hosting, maintenance and operation services, email information services, analysis services, marketing, etc.
5. If, for the above purposes, we need to transfer your personal information to any other country, we will obtain your consent and ensure that the recipient of your personal information has the same level of personal information protection measures as us. If there are no personal information protection laws applicable to our relationship with you in such countries or regions, we will sign a legally enforceable agreement with the recipient of the personal information.
6. Without your prior consent, we will not share or transfer your personal information to any third party, except in the following circumstances:
(1) The personal information collected is publicly disclosed by you to the public on your own.
(2) The personal information collected is obtained from legally disclosed sources, such as legitimate news reports, government information disclosure, and other channels.
(3) Providing or implementing this policy in accordance with applicable laws, regulations, legal procedures, administrative or judicial requirements to protect our or other parties' rights, property, or safety.
(4) In cases of mergers and acquisitions, if it involves the transfer of personal information, we will require the recipient of personal information to continue to be bound by this policy.
5) Automatic Data Collection Technology
We utilize automated data collection techniques within our applications, including:
(1) Cookies (or browser cookies): Cookies are small text files established by the website or application operator to identify your browser or device. We may employ cookie technology to store and track information on our application, such as the number and frequency of users, user distribution, and user online preferences. Cookies do not capture information that can identify you, but the information they collect can aid us in analyzing application usage to enhance your user experience. You can disable cookies in your browser settings; however, this may affect the functionality of the application.
(2) Network analysis: Network analysis involves collecting and assessing visitor behavior on web pages and mobile applications. This includes analyzing traffic patterns, such as determining the frequency of visits to specific features of a website or mobile application, or understanding the information or services that visitors are most interested in. Our application utilizes network analysis services provided by third-party tools.
6) How We Protect Your Information
1. We have implemented reasonable and feasible security measures in accordance with industry standards to safeguard the security of the personal information you provide, preventing unauthorized access, public disclosure, use, modification, damage, or loss of personal information. We employ encryption technology to enhance the security of personal information. Additionally, we utilize trusted protection mechanisms to prevent malicious attacks on personal information, deploy access control mechanisms to ensure that only authorized personnel can access personal information, and conduct security and privacy protection training courses to enhance employees' awareness of the importance of protecting personal information.
2. We have established a data security management system to enhance the security of the entire system from multiple dimensions, including organizational construction, system design, personnel management, and product technology.
3. We will take reasonable and feasible measures to minimize the collection of irrelevant personal information as much as possible. We will only retain your personal information for the period necessary to achieve the objectives stated in this policy, unless an extension of the retention period is required or permitted by law.
4. The Internet is not an absolutely secure environment. Please use complex passwords to assist us in ensuring the security of your account. We will endeavor to ensure the security of any information you send us.
5. In the event of an unfortunate personal information security incident, we will inform you in accordance with the requirements of laws and regulations. This includes providing the basic situation and possible impact of the security incident, the disposal measures we have taken or will take, suggestions for you to independently prevent and reduce risks, and remedial measures for you. We will inform you of the relevant situation of the event through email, letter, phone, push notifications, and other means. If it is difficult to inform each individual affected by the personal information breach, we will take reasonable and effective measures to publish an announcement.
7) Protection of Minors
1. Upward products, websites, and services are primarily aimed at adults. Minors should use Upward-related services under the guidance of their parents or guardians.
2. We suggest that parents and guardians of minors should guide them in using the app after reading this policy, the Upward Service Agreement, and our other relevant rules.
3. This application will protect the confidentiality and security of personal information of minors in accordance with applicable laws and regulations.
8) Disclaimer
1. You confirm that your wallet password, private key, mnemonic, and Keystore on the application are not stored or synchronized to our server. Please keep the above information properly. If lost, we cannot provide you with services to retrieve your wallet password, private key, mnemonic words, and Keystore.
2. You confirm that you and we do not have control over whether your transaction records are publicly available. This is based on the open-source nature of the blockchain trading system, where your transaction records are publicly transparent throughout the entire blockchain system.
3. You confirm that after using third-party services, this policy will no longer apply to the collection, use, disclosure, and transmission of your personal information by such third parties. We cannot guarantee that such third parties will take reasonable security measures. You will be responsible for the use of third-party services on your own, and you agree that if a third party collects, uses, discloses, and transmits your personal information, resulting in loss or damage to you, you shall not demand that we assume responsibility.
4. You confirm and accept that, to the maximum extent permitted by applicable laws, we will take reasonable security measures based on the principles of "based on the status quo," "based on availability," and "no guarantee of flawlessness" under existing technological conditions to protect your personal assets and personal information, in order to avoid information leakage, tampering, or damage. We use wireless methods to transmit data; therefore, we cannot guarantee the privacy and security of data transmitted over wireless networks.
9) Other
1. You need to fully understand and comply with all relevant laws, regulations, and rules in your jurisdiction and the use of our services.
2. Legal Application and Dispute Resolution:
(1) This policy is governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China and shall be interpreted accordingly.
(2) Any disputes arising from or related to this policy (including any issues related to its existence, validity, or termination) shall be resolved by both parties initially. If the dispute is not resolved within 30 days after the commencement of the settlement procedure, both parties shall submit the dispute to the Hong Kong International Arbitration Centre ("HKIAC") and resolve it by arbitration in Hong Kong, following the then-effective arbitration rules of the Hong Kong International Arbitration Centre (which rules are deemed to be incorporated by reference into this clause).
3. You can view this policy and our other service rules in our application.We encourage you to consult our service agreement and privacy policy every time you access the application.
4. Any translated version of this policy is provided solely for the convenience of users and is not intended to modify the terms of this policy. If there is a conflict between the English and non-English versions of this policy, the English version shall prevail.