UpperSports Privacy Policy

Last modified: May 19, 2009

At UpperSports we recognize that privacy is important.
If you have any questions about this Privacy Policy, please feel free to contact us through our website or write to us at:

USA Address:
UpperSports Media Inc.
Box 1417, Sumas, WA, 98295

Canadian Address:
UpperSports Media Inc.
510 - 609 Grandville St.
Vancouver, BC, Canada V7Y 1G5

Contact Info:
Email: info@UpperSports.com

Personal Information

• Non-Account Activity. You can watch videos on UpperSports without having a UpperSports Account. You can also contact us about a particular video without having a UpperSports Account.
• Account-Related Activity. Certain other activities on UpperSports, like uploading videos or posting comments, require you to have an UpperSports Account. We ask for some personal information when you create an UpperSports Account, including your email address and a password, which is used to protect your account from unauthorized access. An UpperSports Account allows you to access many of our services that require registration.
• Usage Information. We may record information about your usage, such as when you use UpperSports, groups, and favorites you subscribe to, the contacts you communicate with, the videos you watch, and the frequency and size of data transfers, as well as information you display or click on in UpperSports (including UI elements, settings, and other information). If you are logged in, we may associate that information with your account. We may use clear GIFs (a.k.a. "Web Beacons") in HTML-based emails sent to our users to track which emails are opened by recipients.
• Content Uploaded to Site. Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your playback or profile pages, etc.) becomes publicly available and can be collected and used by others.

Uses

• If you submit personally identifiable information to us through the UpperSports Sites, we use your personal information to operate, maintain, and provide to you the general and personalized features and functionality of the UpperSports Sites, and correspondence you send to us.
• Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the UpperSports Sites and other Users can contact you through messages and comments. Any videos that you submit to the UpperSports Sites may be redistributed through the internet and other media channels, and may be viewed by the general public. If you have enabled Public Sharing, other users may see that you, as identified by your account name (not your email address), are watching the same video.
• We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major UpperSports Site changes or for customer service purposes).
• We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the UpperSports Sites and to create new features, promotions, functionality, and services by storing, tracking, analyzing, and processing user preferences and trends, as well as user activity and communications.
• We use cookies, clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the UpperSports Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests. If you download the UpperSports Uploader, your copy of the Uploader includes a unique application number. The unique application number and information about your installation of the Uploader (e.g. version number, language) will be sent to UpperSports when the Uploader automatically checks for updates.

Information That is Publicly Available

When you create an account on the site, some information about your account and your account activity will be provided to other Users of the site. This may include the date you opened your account, the date you last logged into your account, your age (if you choose to make it public), the country and the number of videos you have watched.

• Your account name (not your email address) is displayed to other Users when you engage in certain activity on the site, such as you upload videos or send messages through the UpperSports Sites. Other Users can contact you through messages and comments.
• You may also choose to add personal information that will visible to other Users on your page (which is the public facing page for your account on the site). This may include a profile picture, you name, gender, relationship status, or other details.
• If you choose to add certain features to your page, then these features and your activity associated with these features will be displayed to other Users and may be aggregated and shared with your confirmed friends or other Users. Such shared activity may include what videos you favorite, what videos you rated and what videos you have uploaded.
• Any videos that you submit to the UpperSports Sites may be redistributed through the internet and other media channels, and may be viewed by the general public. If you have enabled Public Sharing, other users may see that you, as identified by your account name (not your email address), are watching the same video.

Your Choices

• You may, of course, decline to submit personally identifiable information through the UpperSports Sites, in which case you can still view videos and explore the UpperSports Sites, but UpperSports may not be able to provide certain services to you. Some advanced UpperSports features may, for authentication purposes, require you to sign up for other UpperSports services. The privacy notices of those services govern the use of your personal information associated with them.
• You may control the information that is available to other Users and your confirmed friends at any time by editing your account and the features that are included on your page.

Third-party Advertisers, Links to Other Sites

UpperSports allows other companies, called third-party ad servers or ad networks, to serve advertisements within the UpperSports Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the UpperSports Sites. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

UpperSports does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks UpperSports to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the UpperSports Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.

UpperSports's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. Any data obtained by third-party ad servers subsequently shared with UpperSports is maintained and dealt with by UpperSports in accordance with this privacy policy.

Information we collect and how we use it

We offer a number of services that do not require you to register for an account or provide any personal information to us, such as UpperSports Search. In order to provide our full range of services, we may collect the following types of information:

• Information you provide – When you sign up for a UpperSports Account or other UpperSports service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, such as our advertising programs, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other UpperSports services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
• Cookies – When you visit UpperSports, we send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences and tracking user trends, such as how people search. UpperSports also uses cookies in its advertising services to help advertisers and publishers serve and manage ads across the web. We may set a cookie in your browser when you visit a website and view or click on an ad supported by UpperSports’s advertising services.
• Log information – When you access UpperSports services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
• User communications – When you send email or other communications to UpperSports, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
• Links – UpperSports may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.
• Other sites – This Privacy Policy applies to UpperSports services only. We do not exercise control over the sites advertised or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

UpperSports only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific services. In addition to the above, such purposes include:

• Providing our services to users, including the display of customized content and advertising;
• Auditing, research and analysis in order to maintain, protect and improve our services;
• Ensuring the technical functioning of our network; and
• Developing new services.

UpperSports processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.

Choices for personal information

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the specific service privacy notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy and/or in the supplementary service privacy notices, unless we have obtained your prior consent.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some UpperSports features and services may not function properly if your cookies are disabled.

You can decline to submit personal information to any of our services, in which case UpperSports may not be able to provide those services to you.

Information sharing

UpperSports only shares personal information with other companies or individuals outside of UpperSports in the following limited circumstances:

• We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
• We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of UpperSports, its users or the public as required or permitted by law.

If UpperSports becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.

Please contact us at the address below for any additional questions about the management or use of personal data.

Information security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to UpperSports employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data integrity

UpperSports processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and updating personal information

When you use UpperSports services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users’ personal information.

Enforcement

UpperSports regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or UpperSports’s treatment of personal information by contacting us through this web site or by writing to us at:

USA Address:
UpperSports Media Inc.
Box 1417, Sumas, WA, 98295

Canadian Address:
UpperSports Media Inc.
510 - 609 Grandville St.
Vancouver, BC, Canada V7Y 1G5

Contact Info:
Email: info@UpperSports.com

When we receive formal written complaints at this address, it is UpperSports’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between UpperSports and an individual.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). Each version of this Privacy Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us any time through this web site or at:

USA Address:
UpperSports Media Inc.
Box 1417, Sumas, WA, 98295

Canadian Address:
UpperSports Media Inc.
510 - 609 Grandville St.
Vancouver, BC, Canada V7Y 1G5

Contact Info:
Email: info@UpperSports.com