PRIVACY POLICY

This Privacy Policy (“Policy”) is effective as of February 6, 2024. This Policy describes the types of information that Upswing Foundation, a Colorado nonprofit corporation, with offices located at 1746 Cole Blvd., Lakewood, CO 80401 and 7460 South University Blvd, Centennial, CO 80122 (“Upswing”, “we”, “our”, or “us”) may collect from you (“you” or “your”) or that you may provide (“Personal Information”) on through upswingfoundation.org and the UPSWING Foundation App, and any of our other websites (the “Site”), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it.

This Policy is a legally binding agreement between you and Upswing. If you are entering into this Policy on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Policy, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Policy, then you must exit the Site immediately and cease all access and use of the Site. By accessing and using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

You acknowledge and agree that this Policy does not apply to any Personal Information you choose to make public.

Information We Collect

We collect and maintain personally identifiable information and automatic information. We will collect the following data:

• Full name
• Email address
• Phone number
• Physical address

We also collect data to communicate with users of the Site in case they have any questions regarding the Site. To exercise your right to know or your right to delete, please email us at contact@upswingfoundation.org. Please include in your request:

• Full name and address
• Former names (if applicable)
• Contact information (Phone number or email address)
• Your relationship to us

Please indicate if you are acting as a representative of another individual. If that is the case, include the identification information both for yourself and for the individual you represent and a copy of the written authorization you have received.

Automatic Collection of Information

When you open the Site, our servers automatically record information that your browser sends. This data may include but is not limited to information such as your browser type and version, operating system type and version, language preferences, geographic location, the webpage you were visiting before you came to the Site, pages of the Site that you visit, the time spent on those pages, information you search for on the Site, access times and dates, and other statistics.

Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Site. This statistical information is not otherwise aggregated in such a way that would identify you in particular.

Internet Protocol Address

All computers and servers on the Internet use Internet Protocol (“IP”) addresses to recognize and communicate with each other. We collect and maintain IP addresses to administer and analyze our Site and report aggregate information.

We may associate your IP address with your personally identifiable information and may maintain, use, and disclose such information in accordance with the terms of this Policy.

Use and Processing of Personal Information

We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Site. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information.

In order to make the Site available to you, or to meet a legal or regulatory obligation, we may collect and use certain of your Personal Information. If you do not provide the Personal Information that we request, we may not be able to provide you with full access to all of the features of the Site. Any of the Personal Information we collect from you may be used for the following purposes:

• Send administrative information
• Respond to inquiries and offer support
• Improve user experience
• Protect from abuse and malicious users
• Respond to legal or regulatory requests and prevent harm
• Run and operate the Site
• Communicate with you regarding our Site
• Send you advertisements, promotions, and information about us generally
• Process applications or other intake forms directly related our programs or services

How we process your Personal Information depends on how you interact with the Site, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; (ii) provision of Personal Information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. We may also combine or aggregate some of your Personal Information in order to better serve you and to improve and update our Site.

Disclosure of Personal Information

We may share your Personal Information with our affiliates, contracted companies, and service providers (collectively, “Service Providers”) who we rely upon to assist in the operation of the Site available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. Service Providers will be provided access to Personal Information to the extent necessary to perform their functions.

We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

In the event of a sale of Upswing or a sale of some of all of our assets, Personal Information may be one of the assets transferred or sold.

Retention of Personal Information

We will retain and use your Personal Information for the period necessary to provide you with access to the Site, comply with our legal obligations, to enforce our agreements, resolve disputes, unless a longer retention period is required or permitted by law.

We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

Cookies

The Site may use Cookies. “Cookies” are small text files that allow websites to store and retrieve information about you from your computer system. Cookies are served to track individual site usage for later aggregation and for other purposes explained in this Policy. You are always free to decline our Cookies if your browser permits, but you may not be able to take full advantage of our Site features if you do.

Data Analytics

Our Site may use third-party analytics tools that use Cookies, web beacons, or other similar information-gathering technologies to collect standard internet activity and usage information. The information gathered is used to compile statistical reports on user activity such as how often users visit our Site, what pages they visit and for how long, etc. We use the information obtained from these analytics tools to monitor the performance and improve our Site. We do not use third-party analytics tools to track or to collect any personally identifiable information of our users and we will not associate any information gathered from the statistical reports with any individual user.

Do Not Track Signals

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Site may not yet be set up to interpret or respond to Do Not Track signals communicated by your browser.

Email Marketing

We offer electronic newsletters to which you may voluntarily subscribe at any time. We will maintain the information sent via email in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all emails sent from us will clearly state who the email is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us.

Links to Other Resources

The Site may contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every resource that may collect Personal Information.

Information Security

We use reasonable efforts to protect your Personal Information from unauthorized use or disclosure. Unfortunately, information transmitted on the Internet and/or stored on systems attached to the Internet are not 100% secure. As a result, we do not ensure, warrant, or guarantee the security or integrity of such Personal Information. We will not be responsible for disclosure of any information (including Personal Information) due to errors in transmission or the unauthorized acts of third parties.

Data Breach

In the event we become aware that the security of any Site has been compromised or your Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law.

Privacy of Children

We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Site without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.

The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (as used in this section, “parents”) about our practices for collecting, using, and disclosing personal information from children under the age of 13 (“children”). It also requires us to obtain verifiable consent from a child’s parent for certain collection, use, and disclosure of the child’s personal information.

This section only applies to children under the age of 13 and supplements the other provisions of this Policy.

• Information We Collect from Children
  • Children can access many parts of the Site and its content and use many of its features without providing us with Personal Information. However, some content and features require us to collect certain information, including Personal Information, from them. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Site.
  • We only collect as much information about a child as is reasonably necessary for the child to participate in an activity on the Site, and we do not condition his or her participation on the disclosure of more Personal Information than is reasonably necessary.
• Collection of Information from Children
  • We collect information directly from children in accordance with the Section titled Information We Collect
  • We collect information automatically from children in accordance with the Section titled Automatic Collection of Information
• How We Use Your Child’s Information
  • We use the Personal Information we collect from your child in accordance with the Section titled Use and Processing of Personal Information
• Our Practices for Disclosing Children’s Information
  • We do not share, sell, rent, or transfer children’s Personal Information other than as described in this section.
  • We may disclose aggregated information about many of our users, including children.
  • We may disclose children’s Personal Information in accordance with the Section titled Disclosure of Personal Information In addition, we may disclose children’s Personal Information to protect the safety of a child.
• Accessing and Correcting Your Child’s Personal Information
  • At any time, you may review your child’s Personal Information maintained by us, require us to correct or delete the Personal Information, and/or refuse to permit us from further collecting or using the child’s Personal Information.
  • You can review, change, or delete your child’s Personal Information by:
    • Sending us an email at contact@upswingfoundation.org. To protect your child’s privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.
  • Operators That Collect or Maintain Information from Children

• Please direct inquiries about any third-party operator’s privacy practices and use of children’s Personal Information to the individual operator using the contact information provided above.

Changes and Amendments

We reserve the right to modify this Policy or the terms related to the Site at any time at our discretion.

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Site after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

Contacting Us

If you have any questions, concerns, or complaints regarding this Policy, the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us at contact@upswingfoundation.org.