Privacy Policy

Last Updated 02.25.20

UpNext LLC. (“UpNext,” “We,” “Us” or “Our”) recognizes the importance of safeguarding the Personal Information provided to us by the users of our United States website, www.poppingupnext.com (the “Website” or the “Site”). We are committed to protecting and respecting your privacy. UpNext has implemented this Privacy Policy (the “Policy”) and internal policies and practices to keep its users’ (collectively, “you,” “your” or “User(s)”) personal and financial information secure.

The Policy is incorporated into our Terms of Use and, together with our terms of service and any other documents referred to and incorporated by reference into our terms of service, set out the basis on which any personally identifiable information (“Personal Information”) that we collect from you, or that you provide to us, will be used and processed by us. Personal Information is information that can be used on its own or with other information to identify, contact or locate a single person, or to identify an individual in context.

The Policy covers our treatment and use of Personal Information and/or personal data that is collected via the Site from Users when such Users electronically communicate with or otherwise access the Site. This Policy covers only Personal Information that is collected through the Site and does not govern Personal Information collected from any other source or in any other manner.

Please read the following carefully to understand our treatment of and practices regarding your Personal Information.

In the event that we make changes to this Policy, you can visit the page you’re reading now and refer to the “Last Updated” date at the top of this page to learn when this Policy was last revised.

The Policy is incorporated by reference into our terms of service, and explains how Users’ information and data is used:

  • California Privacy Rights

  • Collection and Use of Information

    • Collection of Information

    • Collection and Use of Personal Information

    • Financial Information

    • IP Address

    • Other Information

    • Use of Cookies, Plug-ins and Web Beacons; Use of Analytics Tools

    • Do Not Track Signals

    • Your Consent

    • In General

    • Use of Information

    • In General

    • Opting In and Opting Out of Electronic Communications

    • Lawful Access, Legal Action and Investigations

    • Disclosure of Personal Information to Non-Affiliated Third Parties

    • Acquisition of Business

    • Retention of Personal Information

  • Links to Other Sites

  • Information Storage and Protection

  • Options to Review and Opt-Out Choices

  • Changes in Policy

  • Governing Law

  • Contact Us

California Privacy Rights

California Privacy Rights. Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed unless the company has a policy of not disclosing such information if the user has exercised an option to opt out of such information sharing. UpNext gives you the right to opt out of having your Personal Information disclosed to third parties for the third parties’ direct marketing purposes. Because UpNext provides you with an opportunity to opt out of such disclosure, UpNext does not have to provide you with such lists. For the avoidance of all doubt, these opt-out options are available for all users and are not just limited to California users. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures under California law, you may send an email to hello@poppingupnext.com.

Collection and Use of Information

We may collect and process the following Personal Information about you: - Information that you provide by filling in forms on the Site. This includes a variety of information that you provide at the time of registering to use our Site, subscribing to our service, posting material or requesting further services. This information may include, but is not limited to your name, mailing address, email address, phone number, and birthdate. We may also ask you for information when you report a problem with our site. If you contact us, we may keep a record of that correspondence. We also collect and maintain details of every rental transaction you apply for or enter into through our site. Through our use of “cookies” and web beacons, as explained below, we also collect details of your visits to the Site and the resources that you view or access when you use the Site.

IP Addresses

An IP (Internet Protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. Although your IP address is not linked to your Personal Information, UpNext does reserve the right to use IP addresses to identify individuals who threaten the Site or other users or visitors. IP addresses may also be used to help diagnose problems with the Site and to gather broad demographic information.

Other Information. When you access the Site, UpNext will automatically receive some information about your use of the service. The type of information that is automatically collected by UpNext includes such things as the date and time of access of the Site, the Internet protocol (IP) address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, the referring website address, and the kinds of business activities you are engaged in while using the Site. This information is used to help us improve and enhance the website to better meet the needs of its users. UpNext may also share aggregate tracking information with advertisers and/or its strategic partners.

UpNext contracts with non-affiliated third parties/business partners to host the Site and to provide data collection and reports regarding non-identified users’ activities on the Site. These non-affiliated third parties/business partners use cookies on our behalf and receive information about the Users browsing activity and collects information anonymously (meaning without attaching it to any personally identifiable user) and aggregates information collected from Users. These non-affiliated third parties/business partners have agreed not to use this information other than (i) in connection with providing services to us to make our Site more useful and efficient, (ii) as permitted in this Privacy Policy, or (iii) as otherwise permitted by law.

UpNext will also aggregate, anonymized Personal Information and may use, share and disclose such Personal Information as permitted by law. For example, we may use such aggregated Personal Information for research and product development purposes, and may also share such aggregated, anonymized Personal Information with UpNext’s business partners.

Regardless of whether a User has chosen to limit UpNext’s sharing of Personal Information as collected on the Site, UpNext may, without restriction, use, share and disclose aggregated, anonymized statistics about Users, along with specific information concerning individual Users that is not Personal Information in any way permitted by applicable law.

Use of Cookies and Web Beacons; Use of Google Analytics

The Site makes use of: (i) “cookies” - small data files which we may send to your computer on the basis of the information that we have collected about your visit; and (ii) “web beacons” – small strings of code that provide a graphic image that surveys visitors’ internet activity. They contain information allowing us to recognize when you are visiting the Site and to keep track of your preferences. Through the use of cookies and web beacons, we also may automatically collect information about your online activity on our Site, such as the web pages you visit, the links you click, and the searches you conduct on our Site. Cookies are stored in your computer’s browser or on your hard drive and can then be retrieved by the Site. This Site uses two kinds of cookies: so-called “session” cookies, which are deleted from your computer when you leave the Site and are used purely to help you to navigate around the Site; and “persistent” cookies, which remain on your computer so that the Site can recognize you when you return.

If you want to delete any cookies that were already sent to your computer, please refer to your web browser’s “Help” facility. In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the “Help” facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the Site’s interactive functionality.

This Site uses Google Analytics. These are web analytics tools that help website owners understand how visitors engage with their websites. We can view a variety of reports about how visitors interact with our Site so we can improve it. Analytics tools collect information anonymously. Analytics tools use cookies, and IP addresses, and report website trends without identifying individual visitors. In the event a visitor to the Site voluntarily submits contact information to a company that produces analytics tools, that company may then associate such information with the applicable IP address to enable us to see that visitor’s specific interactions with our Site. For more information related to Google Analytics, click here: http://www.google.com/analytics/learn/privacy.html. You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-On. For information about and to install Google Analytics Opt-out Browser Add-on, click here: https://tools.google.com/dlpage/gaoptout?hl=en .

Do Not Track Signals

Certain web browsers provide users with an option by which a user may have his/her browser send a “Do Not Track” signal to websites that the user is visiting, advising the recipient websites that the user does not want to have his/her online activity tracked. However, the way browsers communicate such “Do Not Track” signals is not yet uniform and, accordingly, our Site does not take any action in response to such signals. In the event a final standard is developed and accepted, we may reassess how we should respond to such signals.

Your Consent

In General

We only collect, use and/or disclose your Personal Information with your consent. Your consent may be implied from the circumstances or may be expressly given for a particular purpose. For example, when you submit your Personal Information to us, you are consenting to the collection, handling, use and disclosure of your Personal Information for the purposes identified or apparent at the time of collection and as otherwise described in this Policy.

Certain services offered at this Site may be co-sponsored by another company. If you provide information to UpNext in connection with a co-sponsored service, the information you provide will be used for the purpose for which you provided the information and may be shared with that co-sponsor partner. Your Personal Information may also be used by us for other purposes in accordance with our privacy policy and by the co-sponsor partner in accordance with that party’s privacy policy. If you wish to opt-out of a co-sponsor partner’s future use of your Personal Information, you will need to contact the co-sponsor partner directly.

You must be 18 years of age to use the Site. UpNext does not knowingly collect or maintain any Personal Information from children under the age of 13, and no part of this Site is designed with the purpose of attracting such children. The Site is only intended for use in the United States. If you use the Site from any country outside the United States, the various communications will necessarily result in the transfer of information across international boundaries. By visiting the Site, you consent to these transfers.

Use of Information

In General

We use the Personal Information you provide to us in the following ways:

  • to deliver materials, information and services to you,

  • to give you notice of and/or resolve any problems that may arise in connection with our services,

  • to better understand the needs and interests of our customers,

  • to analyze the success of our services and Site and for research and development purposes,

  • to manage the Site’s interactive functionality,

  • to help us improve and enhance the Site experience for all of its visitors, and customize the content on our Site,

  • for compliance with our legal and regulatory obligations,

  • as otherwise reasonably required to provide customer services and maintain the Site,

  • to investigate potential breaches of the Terms of Service of the Site,

  • to investigate potentially unlawful activity,

  • for any other purpose outlined in this Privacy Policy and/or the Terms and Conditions of which this Privacy Policy is a part, and

  • as otherwise permitted by law.

We may also use your Personal Information to contact you via direct postal mail and/or electronically to the extent such activity is permitted by law. This information may also be used to help UpNext and its commercial partners, co-sponsors and services providers deliver information to you, and for other purposes as are reasonably necessary to provide the services requested by you. You may opt-out of receiving future mailings or other messages from us by following the instructions in the e-mail or other message you receive from us or by following the instructions set forth in the Opting In and Opting Out of Electronic Communications section in this Policy.

Opting In and Opting Out of Electronic Communications

At certain points where Personal Information is collected on our Site, there may be a box to indicate that you wish to receive certain information or communications from us. You may opt out of receiving electronic communications, such as emails from us at any time. In all of our electronic communications you will be given the opportunity to opt out of receiving future communications. You may also opt-out or change your preferences by providing opt-out instructions by sending an email to hello@poppingupnext.com including the contact information we are using to communicate with you, such as your email address. Be sure to let us know the specific types of communications you no longer wish to receive.

Lawful Access, Legal Action and Investigations. Your Personal Information may otherwise be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations. We may disclose Personal Information if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, violations of our Terms of Service, or otherwise in accordance with applicable law.

Disclosure of Personal Information to Non-Affiliated Third Parties. In addition to the above disclosures, UpNext may share your Personal Information, without restriction, with companies and organizations that we retain to perform services for us, such as those that provide data processing, computer software maintenance and development, and companies providing professional, legal or accounting advice to us. In such situations, UpNext requires that these companies and organizations agree to (a) maintain the confidentiality of the Personal Information, and (b) limit the use of such Personal Information to the purposes for which it was provided. However, we may disclose aggregated statistics about visitors to the Site, along with anonymous information concerning individual users of the Site. We may combine anonymous information and/or aggregate information we collect with additional anonymous and/or aggregate information collected from other sources. We may share anonymous information (including aggregate information) we collect regarding our users with third parties (such as advisors, and/or consultants) for various business purposes including conducting general business analysis, and developing website content and services.

Acquisition of Business. In the event that UpNext is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that UpNext goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Site, all data collected on the Site (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of UpNext may continue to use the Personal Information as set forth in this Privacy Policy. If that occurs, a notice will be posted to such effect on the Site and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.

Retention of Personal Information. Personal Information is retained to deliver our services, to otherwise fulfill identified or apparent purposes, and Personal Information may be retained for record-keeping. At some point UpNext may elect to destroy, erase or anonymize your Personal Information. Once anonymized, we undertake not to re-identify the information.

Links to Other Sites and Services

The Site may contain links to various other sites. These sites may ask to collect user information voluntarily or otherwise collect certain information (for example, your IP address). Please be aware that these other websites may have different privacy policies that may subject users to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.

Information Storage and Protection

UpNext will maintain reasonable procedures to protect the security and confidentiality of Personal Information provided to it by Users, in accordance with Applicable Law. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential and not to share your password with anyone.

There are industry standard safeguards in place to protect Users’ Personal Information, such as the use of firewalls and SSL certificates, and limiting access to such information by company personnel. No transmission made through the internet can be made completely secure, and accordingly, we will not be liable for the disclosure of any Users’ Personal Information that occurs as a result of transmission errors or the actions of any third party to the fullest extent permitted by law.

In the unlikely event that we determine that there may have been a security breach that results in the unauthorized disclosure of Personal Information to a third party, UpNext will promptly notify consumers whose Personal Information it reasonably believes may have been compromised by posting information on the Site and, if email contact is possible, then also by sending an email notification with respect to the situation.

The Personal Information or other data that we collect from you may be transferred to, and stored at, a destination inside or outside the United States of America. It may also be processed by staff operating inside or outside the United States of America who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your Personal Information or other data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Options to Review and Opt-Out Choices

In addition to having the ability to opt-out of receiving electronic communications (such as emails from UpNext), Users may access, review and, in certain situations, update, revise and/or delete certain Personal Information by sending an email to hello@poppingupnext.com. Additionally, please note that while you may request the updating, revision or deletion of such information, a copy of the unrevised information may be maintained in UpNext’s records after any such revision or deletion.

If for any reason you wish to discontinue the use of the Site and have your Personal Information removed from our database, please email hello@poppingupnext.com.

Changes in Policy

From time to time, UpNext Privacy Policy may change. UpNext will post changes to the Policy on the Site. Please review this Policy often so that you will remain abreast of our current policies. Users of the Site are responsible for making sure they are aware of the provisions of https://poppingupnext.com.

Governing Law

This Policy shall be governed by the laws of the Commonwealth of Massachusetts of the United States of America, without regard to its conflict of law provisions.

Contact Us

If you have any questions or complaints concerning this Privacy Policy or our handling of your Personal Information you may contact us at hello@poppingupnext.com.