Privacy Policy

This privacy policy (hereinafter “Privacy Policy”) deals with the protection of Your privacy and sets out how We manage Your Personal Information, including in relation to Our Website and Products.

The Website and Products are owned and operated by UPTICK PTY LIMITED (ACN 21 607 221 161) a company incorporated in Australia with a registered office address at 3-9 Yarra St. Abbotsford, Victoria 3067, Australia [and UPTICK SOFTWARE UK LIMITED, a company incorporated under the laws of the England and Wales with registration number 13931675 and having its place of business at D S Burge and Co Ltd, The Courtyard, 7 Francis Grove, London, SW19 4DW, United Kingdom, (together referred to herein as “Uptick”).] Whether You are based in the EEA or the UK, Uptick will be what’s known under the GDPR or UK GDPR as the “controller” of the Personal Information You provide to us. 

We are committed to the protection of Your privacy in accordance with applicable data protection laws (which may include the Privacy Act 1988 (Cth), GDPR or UK GDPR) while We process Your Personal Information for the purposes described below.

The Website, Products and Our email communications may contain links to other websites or applications, but if that is the case, the Privacy Policy does not apply to any of those linked websites or applications.

We gather certain information from You, so this Privacy Policy explains what information We collect, how We use it, and Your rights in relation to it.

You are not required to provide Personal Information to Us. However if You do not provide Us with all the information We request, the services We provide to You may be affected.

1. DEFINITIONS

In this Privacy Policy:

“EEA” means the European Economic Area.

“GDPR” means General Data Protection Regulation (EU) 2016/679.

“Personal Information” means any information or opinion about or that relates to an identified, identifiable or reasonably identifiable living individual.

"Product" means all software products offered by Us on the Website

“Website” means the website including all pages, all subpages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at www.uptickhq.com.

“UK” means the United Kingdom.

“UK GDPR” means the version of the GDPR incorporated into UK law.

“Us”, “We” and “Our” refers to Uptick.

“You” or “Your” refers to the user of the Website or Products.

2. TYPE OF INFORMATION AND HOW IT IS COLLECTED

a. When You use the Website and Products, We may collect information from You through automatic tracking systems, including Google Analytics (such as information about Your browsing preferences).

b. In addition, We may collect information that You provide to Us when using specific Website or Product features. These specific Website or Product features might include, but are not limited to:

A. creating an account to use a Product;

B. submitting a support request;

C. requesting a Product demonstration;

D. receiving notifications by text message or email about events and promotions; or

E. receiving general emails from Us.

The types of Personal Information We collect may include:

A. Identity Data, including Your name, address, phone number email address, 

B. Financial Data, including payment card information, bank account details and billing address.

C. Technical Data, including internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices You use to access the Website.

D.  Usage Data, including information about how you use our Website and Products. Some of this data is obtained from internet cookies.

3. COOKIES

a. Our Website uses cookies. Cookies are small files stored on Your computer or mobile device which collect information about Your browsing behaviour.

For more information which is stored on Your computer about the cookies used by Our Website please see Our separate cookies policy at [LINK].

4. HOW YOUR INFORMATION IS STORED

a. Please note that no systems involving the transmission of information via the internet, or the electronic storage of data, are completely secure. However, We take the protection and storage of Your Personal Information very seriously. We take reasonable steps to protect the Personal Information We hold from misuse, interference and loss, and from unauthorised access, modification or disclosure.

b. We use appropriate physical, digital, managerial and security systems to store Your
Personal Information and to protect it against unauthorised access, destruction or disclosure.

c. We may hold Your Personal Information in electronic or hard copy format, and Your Personal Information may be held by Our third party storage providers, including Amazon Web Services.

d. Further information can be found about Our data storage and security practices at https://www.uptickhq.com/policies/data-security-at-uptick

5. COMBINING INFORMATION

We may combine, link or aggregate some of Your information in order to obtain a better understanding of Your requirements, interests and preferences. This may enable Us to better design the Website, improve Our Products and may also assist with Our business or administration requirements.

6. HOW YOUR INFORMATION IS USED

a. We will only process Your Personal Information for the purpose for which it was collected (set out below), unless (1) Our new purpose is compatible with the original purpose, and (2)  You have consented to that new purpose, or We are permitted to do so by law.

b. We may use Your Personal Information for the following purposes:

1. SHARING OF PERSONAL INFORMATION

a. We may share Your Personal Information with the following categories of recipients: 

1. Affiliates and other group companies: in order to provide You with the Website and Products and in order to administer Our relationship with You (e.g., invoicing, marketing), or otherwise as necessary for the purpose described above.
2. Suppliers and service providers: who assist Us in supplying Our services or who perform operational, administrative and other related functions on Our behalf (including technology and business service providers, such as Amazon Web Services). We require such parties by contract to provide reasonable security for Personal Information and to use and process such Personal Information on our instructions only. A list of Our sub-processors can be found here. 
3. Corporate purchasers: part or all of Our business may be merged, restructured or sold including but not limited to through an ordinary sale of business or of stock, a corporate reorganisation, a change in control, bankruptcy or insolvency proceedings. In the event that such a merger, restructure or sale occurs, We may transfer Your Personal Information as part of that merger, restructure or sale, to the extent permitted by law.
4. Legal, financial and business advisors: in order to comply with Our legal and reporting obligations. We also share Personal Information to establish or protect Our legal rights, property, or safety, or the rights, property, or safety of others, or to defend against legal claims.
5. Legal and regulatory authorities: We may share Your Personal Information with legal and regulatory authorities at their request or, to comply with a legal obligation, or for the establishment, exercise or defence of legal claims.

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2. INTERNATIONAL TRANSFERS

a. We may transfer Personal Information outside the EEA and UK, to countries where the privacy and data protection laws may not be as protective as those in the EEA or UK. These countries include Australia and the USA. This is only for the purposes of providing, and to the extent necessary to provide, the Services to You. We will take all steps that are reasonably necessary to ensure your Personal Information is treated securely and in accordance with this Privacy Policy as well as applicable data protection laws.

b. There are special requirements in the GDPR and UK GDPR (with which We comply), to regulate such cross-border data transfers and ensure that adequate security measures are in place to safeguard and maintain the integrity of Your Personal Information on transfer.

c. With respect to transfers originating from the UK to non-EEA jurisdictions, We implement standard contractual clauses approved by the European Commission and the UK Addendum approved by the UK Information Commissioner’s Office, and other appropriate solutions to address cross-border transfers as required or permitted by Articles 46 and 49 of the UK GDPR or other relevant laws. You will find out Data Security Addendum (GDPR) for UK customers here.

For more information about this and the safeguards in place relating to the transfer, please contact Us by email at the details below.

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3. ACCESS, CORRECTION AND YOUR DATA SUBJECT RIGHTS 

a. General

1. Accessing your Personal Information

You may request access at any time to a copy of the Personal Information we hold about you. Any such request should be submitted to us in writing and sent to the address in the contact details below. We will need to verify your identity in such circumstances and may request more information or clarifications from you if needed to help us locate and provide you with the Personal Information requested.

There is usually no charge applied to access your Personal Information (or to exercise any of the other rights). However, if your request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee. Alternatively, we may refuse to comply with your request in these circumstances.

2. Corrections or Erasure

If we hold Personal Information concerning you which is no longer necessary for the purposes for which it was collected or if you withdraw consent for us to process your Personal Information, you can request the deletion of this Personal Information. This right, however, will not apply where we are required to process Personal Information in order to comply with a legal obligation or where the processing of this information is carried out for reasons of public interest in the area of public health. If the personal information we hold about you is inaccurate, you may request to have your personal information updated and corrected. To do so at any time, please contact us by email at the contact details below.

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3. Automated Decision-Making and Profiling

We do not engage in profiling or automated processing for profiling or automated decision-making purposes. We will update this Privacy Policy and inform You if Our processing activities change.

b. Additionally, if You are in the EEA or UK, You have the rights explained below, which You can exercise at any point by contacting Us below.

1. Without limiting the rights described in paragraph (a) above, if You are in the EEA or UK, You have various rights concerning the Personal Information that We hold about You. However, these rights are subject to limitations and restrictions under the GDPR and UK GDPR. We will tell You when any of these limitations or restrictions apply. Your rights under this Privacy Policy include:

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1. Access - You may request access to the Personal Information We hold about You. In some instances, reasonable charges may apply for Us to provide copies of such information. 
2. Correction - You have the right to request that We correct any Personal Information that We hold about You which You believe is inaccurate. 
3. Erasure - You have the right to request that We delete Your Personal Information. 
4. Restriction of processing - You have the right to request that We restrict the processing of Your Personal Information.
5. Object to processing - You have the right to object to the processing of Your Personal Information (for example, You can object to the use of Your Personal Information for direct marketing purposes).
6. Data portability – You can request that We send Personal Information that We have collected to another organisation, or directly to You, under certain conditions and in a format that can be read by a computer.
7. Withdrawal of consent - if You have given us Your consent for the processing of Your personal data You may withdraw Your consent at any time with future effect.  If You withdraw Your consent, this does not affect the lawfulness of processing based on Your consent before You withdrew consent. If You withdraw Your consent, We will promptly delete the relevant information unless there is another legal ground permitting or requiring Us to retain and continue processing such information.

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2. If You wish to make any one or more of the requests above, please contact Us via the details below.  We may require proof of identity to verify Your request and to protect Personal Information from unauthorised access.  We will carefully consider Your request and will deal with Your request without undue delay and within the time limits provided under the GDPR or UK GDPR (as applicable).

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4.  MARKETING COMMUNICATIONS

General.

a.  Where required, We will obtain Your consent before sending marketing communications to You about promotions, competitions, updates and new products or services that may be of interest to You.

Email opt in / out

b. If You no longer wish to receive such correspondence, You may opt-out by [following the “Unsubscribe” link provided in all marketing correspondence] You may also contact Us, using the details at the bottom of this Privacy Policy, in order to opt-out of future correspondence. We will make all reasonable efforts to promptly comply with Your requests. However, You may receive subsequent correspondence from Us while Your request is being handled.

c. The withdrawal of Your consent will apply to future communications and will not impact the lawfulness of any processing based on Your consent prior to the withdrawal.

5. RETENTION

We retain Your Personal Information for as long as is required for the permitted purposes (outlined above), or for longer if otherwise required by law.

When determining retention periods, We consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorised disclosure or the use of the Personal Information, the purposes for which We collect the Personal Information and any other applicable legal, tax, accounting or other regulatory requirements. 

6. THIRD PARTY MATERIAL

When it comes to Personal Information of Our EEA and UK customers, We always endeavour to deal with vendors and other third parties who are GDPR and UK GDPR compliant or, in the case of the third parties located outside of the EEA or the UK who have adequate security measures in place to safeguard the security of Personal Information. That said, We, Our employees, agents, holding company and subsidiaries, accept no liability howsoever arising for the content or reliability of any third party materials or websites referenced by hyperlink or other means on the Website or for the data collection and use practices or security measures used by such third parties. If You submit Personal Information to any of those sites, Your Personal Information is governed by their privacy policy. We encourage You to carefully read their privacy policies.

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7. CHANGES TO THIS POLICY

Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy on the Website. Depending on the nature of the change, We may announce the change on the home page of the Website or by email (if We have Your email address).

8. COMPLAINTS

a. We take customer satisfaction very seriously. If You have a complaint in relation to Our handling of Your Personal Information, You can contact us via the details below and We will endeavour to handle it promptly and fairly.

b. If You are located in the EEA or the UK and You believe that We have not complied with Our obligations under the GDPR or UK GDPR, You have the right to lodge a complaint with the local data protection authority.

c. If You are located outside the European Union or the UK and wish to make a query concerning Your privacy rights, or if you wish to lodge a complaint with the OAIC about how We have handled Your personal information, You can contact the OAIC's hotline on 1300 363 992. The OAIC may have the power to investigate the matter and make a determination.

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Contact Us

You can contact Us about this Privacy Policy using the following details:

Uptick Pty Ltd, 3-9 Yarra Street, Abbotsford VIC 3067
info@uptickhq.com‍
1300 657 436