Privacy

Introduction

We are committed to protecting the privacy of your data. This Privacy Policy explains more specifically what information the makers of Upstate (together, “Upstate,” “we” or “us”) collect from Account Holders and End Users (“you”) through Upstate’s websites and apps, which we refer to collectively as “the Service.”


Information We Collect

Upstate collects and receives the following types of information:

  • Basic personal information. To create and login to your account, you use your Google Apps credentials via single sign-on. We will have access to certain information such as your name and email address as authorized in your Google Apps profile.

  • Content: Upstate helps you remember and organize your ideas, thoughts, and memories. To use the service, you input, upload, or store text, images, audio, and other data. We refer to that information as “Content”.

  • Usage data. We collect and log data on how you and others access and use Upstate, for example, the act of creating a note or sharing a note. Usage data may be collected through cookies, and similar technologies.

  • Location information. We collect the IP address you use to connect to the Service, and — if you choose to share it — your location information from a mobile device.

Device information. We collect information about the number and type of devices you use to connect to the Service, as well as information about the operating systems on those devices (e.g., iOS, Android, Windows).


How Your Information Is Used

We have specific rules for how and when we use the information we collect and receive. We describe these below.

  • We are committed to protecting the privacy of your information. Your content and data will be used to power Upstate features and to continually improve the Service for you. This may include, for example:

    • Searching your Content.

    • Categorizing your Content.

    • Suggesting actions for you to take based on your Content

    • Suggesting features that we think will help you get the most out of our Service.

  • To provide troubleshooting and customer support, we may need to access your information, such as your account email address and information about the Upstate apps and versions you are using, subject to the protections described below.  

  • As part of our efforts to protect your account, we may block delivery of or unshare Content or communications that we determine may pose spam, malware, or other potential security concerns.

  • In accordance with your communication preferences, we’ll occasionally contact you to keep you abreast of Upstate news and features.


Upstate is not in the business of selling or renting your information. Here are instances when we may disclose your information — and then only the minimum information necessary:

  • We share your information with Service Providers who process data on our behalf. For example, these Service Providers help us:

    • Operate, develop, and improve the features and functionality of the Service

    • Fulfill your support requests

    • Communicate with you as described elsewhere in this policy

 We require these providers to agree to strict data protection requirements in keeping with our privacy policy standards, the European Union's General Data Protection Regulation ("GDPR"), and our commitments under our EU-US Privacy Shield and Swiss-US Privacy Shield certifications as discussed below.

 We do not share your information with any third parties for their own advertising purposes.

  • Your Content is private unless you decide you want to share it. You may choose to share using public links or through any of the Service’s features that allow you to share. If you choose to share, we may need to take steps to facilitate your collaboration.

  • In the event of a merger, sale, or reorganization of all or part of our business, information covered by this policy may be transferred in connection with that deal.  

  • We also may share information about you with third parties whenever you consent to or direct such sharing. This includes, for example, if you connect your Upstate account with a third-party app.

How Your Data is Protected


We will not disclose your information to law enforcement or other governmental authorities unless we believe it is required to comply with warrants, court orders, subpoenas, or other lawful government requests. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards of due process.

We narrowly interpret all information requests, and we only disclose Content in your account that is specifically responsive to a government warrant or where you have provided your explicit consent. We will notify you if we believe we are compelled to comply with a third party’s legal demand for your information.

In addition, in rare cases, we may share your information as necessary to investigate or take action regarding illegal activities, suspected fraud, or potential threats against persons, property or the systems on which we operate the Service, or as otherwise necessary to comply with our legal obligations.

Government


You can manage your information simply by logging into your account and editing your information directly within the Upstate service.

However, if you prefer, you can also contact us at support@upstate.me to ask us to provide access to, correct, update, or delete your personal information. Please note that we may ask you for proof of account ownership and/or identity before fulfilling your request. We will comply with such requests to the extent required by applicable law or the US-Swiss Privacy Shield and US-EU Privacy Shield.

A Note for our European Users about our Data Processing Grounds and Data Access Rights

The European Union's GDPR requires that we provide notice in a specific way to our European users about their privacy rights. We process Account Holder or End User personal information on one of three grounds, depending on the circumstances: (i) your affirmative consent, in which case you will have the right to withdraw consent at any time; (ii) contractual necessity; or (iii) our legitimate interest in providing the Service. In addition, we are required to list the data access right available to all users in a specific way.

How long does Upstate store my information?

Upstate helps you remember everything. We make the Content you store in Upstate readily accessible to you, until you make the decision to delete it.

If you delete your Content and then sync, it will no longer be accessible to you or others who may access the Service. Upstate’s systems may retain residual copies of your deleted Content.

For users who are inactive for extended periods of time, we may close your account to satisfy our obligations under applicable law, and in accordance with our data retention policy. If that happens, we will try to notify you before taking any action.

What happens if I want to stop using Upstate?

As described above, you can delete your Content at any time, and you can stop using the Upstate service at any time.

What happens if Upstate closes my account?

If Upstate deactivates your account, then you may contact us to request deletion of your Content, and we will evaluate such requests on a case by case basis, pursuant to our legal obligations.

Manage Your Information


When you use Upstate on your computing device, such as by using our mobile or watch apps, some of your data will be stored locally on that device. That data will be replicated on servers maintained in the United States. This means that if you store information in or submit data to the Upstate website or Upstate Software, you acknowledge your personal information will be transmitted to, hosted, and accessed in the United States.

Data privacy laws or regulations in your home country may differ from, or be more protective than, those in the United States. We will collect, store, and use your personal information in accordance with this Privacy Policy and applicable laws, wherever it is processed.

Upstate welcomes your feedback regarding this Privacy Policy. If you have questions, comments or concerns about this Policy, please contact us by email at support@upstate.me.

Data Storage Location


  • Account Holder/End User means the individual who uses an account on the Upstate service

  • Collaboration Features means any of the Service’s features that allow you to share or collaborate on Content.

  • Content means the text, images, and other data you choose to input, upload, and store in Upstate.

  • End User means the individual who uses an account on the Upstate service.

  • Upstate (or sometimes “we” or “us”) means the makers of Upstate

  • Upstate Service means the Upstate Software (as defined below) and other products, services and websites hosted or made available by Upstate, including our downloadable applications

  • Upstate Software means the software hosted on Upstate’s servers and the software we make available to be deployed by you or a third party to enable capturing of Content originating outside the Service.

GLOSSARY