Privacy Policy

When we refer to “Upperquad,” “we,” “us,” “Company” and “our,” in this Privacy Policy, we are referring to Upper Quad LLC, a California Limited Liability Company, and its affiliates, including Upperquad GmbH which provides professional services in the EU. Both companies provide creative services, brand, strategies, motion, interactive, development and films for an international market.

This Privacy Policy applies to Upperquad website (upperquad.com) as well as websites that we create that refer back to it (“Sites”). This privacy policy does not apply to services or sites that have separate privacy policies that do not incorporate this privacy policy. It does not apply to services or sites we create for our clients.

Upperquad GmbH (Corp Id. HRB 209623 B) is to be regarded as controller for the personal data in Germany.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR SITES.

Our address is 228 Grant Avenue, 6th Floor, San Francisco CA 94108, USA. We can be reached by email at privacy@upperquad.com or by phone at +1 415 424 4330

While using our sites, we may collect certain information that can be used to contact or identify you (“Personal Information”). We collect the following types of Personal Information:

Information that you directly provide to us, for example, if you send us an email, apply for a job, or follow us on social media. This data may include, for example, your name, email address, public social media usernames, and any other data you provide, which may be personally identifiable either on its own or in combination with other data. We may also retain a log of all communications with you in order to have a history of our past communications and to better serve you.

Information about your computer hardware and software which is automatically collected. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of our website. We keep track of the websites and pages our users visit, in order to determine what services are the most popular.

We also use third-party web analytics services on our Sites, including Google Analytics. Google Analytics uses technologies such as cookies to help analyze how users use this website. The information generated by the cookie about your use of this Sites (such as your IP address, the URL visited, the date and time the page was viewed) will be transmitted and stored by Google on servers in the United States. Google will use this information to monitor your use of our Sites, compiling reports on website activity for website operators and providing other services related to website activity and internet usage. Google may transfer this information to third parties where required by law, or where such third parties process information on Google’s behalf. We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. The IP address is not merged with other Google data. We do NOT use the Universal Analytics with User ID offered by Google. For more information about Google’s privacy policy in respect of Google Analytics, please refer to https://policies.google.com/privacy. You may opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.

Manage recruitment for employment and assignment. We save the personal information you provide us with in order to be able to communicate with you during the recruitment process and to be able to evaluate your suitability for a position or assignment at Upperquad.

Contact partners, clients, potential clients and suppliers. We process contact details in order to be able to communicate with partners, clients, potential clients and suppliers.

Process legal obligations. Necessary processing for fulfillment of the company’s legal obligations according to legal requirements, judgement by court or decision by authority.

Upperquad disclose information we collect as follows:

Within the Company. We may use information that we collect or that you provide internally, through Upperquad or its parent, subsidiaries, successors, assigns or affiliates, which may change if we acquire, or are acquired by, another company.

To Third Parties. We may disclose your information to third parties (including, technology partners, publishers and administrative service providers) to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Upperquad, and they are required to maintain the confidentiality of your information. Upperquad does not sell, rent or lease its customer lists to third parties. We never sell your personal data.

As required by law. Upperquad may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to conform to legal requirements or comply with a legal process; protect and defend the rights or property of Upperquad; and/or detecting, preventing, reporting and responding to fraud or abuse.

We’ll treat your personal information as confidential, but any additional material you send to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary.

Our website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. Some cookies are “persistent” in that they remain on your hard drive until deleted. Other cookies are “temporary” in that they are removed when you leave the site or close your browsing session.

You have the ability to accept or decline cookies, if they are used, by clicking in the appropriate consent box on our website. If you choose to decline cookies, you may not be able to fully experience the interactive features of the services or websites you visit

By providing your email address to us, you expressly consent to receive emails from Upperquad. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us.

We will not send you marketing messages if you have opted out of them. You may opt out of email or other communication at any time by sending an email to privacy@upperquad.com or by following the unsubscribe link provided in any email we send. We will not share, sell, rent, swap or authorize any third party to use your email address for commercial purposes without your permission.

The security of your information is important to us. We have adopted commercially reasonable technical, physical and administrative procedures to protect the confidentiality of the information that we collect via the Sites. There are security and privacy limitations inherent to the Internet which are beyond our control; and security, integrity, and privacy of any and all information and data exchanged between you and us through our Sites cannot be guaranteed. If you have any questions about our policy or security, you can contact us at privacy@upperquad.com.

As we operate internationally, there may be instances where personal data is processed outside the region. Regardless of which country your personal data is processed in, we take all reasonable legal, technical and organizational measures to ensure that your personal data is protected. We may, if necessary, transfer your personal data to other recipients, like authorities and selected companies, other than those listed above should it be necessary for certain purposes.

EU Residents (GDPR). We implement technical and organizational measures with respect to processing personal information from European Union individuals for purposes of the EU General Data Protection Regulation (“GDPR”). Upperquad would like to make sure you are fully aware of all of your data protection rights. Every user is in the EU is entitled to the following:

The right to access – You have the right to request Upperquad for copies of your personal data.

The right to rectification – You have the right to request that Upperquad correct any information you believe is inaccurate. You also have the right to request Upperquad to complete the information you believe is incomplete.

The right to erasure – You have the right to request that Upperquad erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that Upperquad restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to Upperquad’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that Upperquad transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: privacy@upperquad.com

Should you wish to report a complaint or if you feel that Upperquad has not addressed your concern in a satisfactory manner, you may contact the Berliner Beauftragte für Datenschutz und Informationsfreiheit https://www.datenschutz-berlin.de/

Under the California “Shine the Light” law, California residents may opt-out of a company’s disclosure of Personal Information to third parties for its direct marketing purposes. As detailed above, you may choose to opt-out of our sharing of your Personal Information with third parties for marketing purposes at any time by submitting a request to us by email or phone. It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes.

Our Sites are not intended for use by persons under the age of thirteen and we do not employ advertising targeted towards children under the age of thirteen. We do not knowingly solicit or collect information from or about children under the age of thirteen. If you believe that your child has submitted Personal Information to our Sites and you would like to request that such information be deleted, you may do so by emailing privacy@upperquad.com. Further, in accordance with law, when a visitor files a complaint online and indicates an age under thirteen, no personally identifying information will be collected in conjunction with that submission.

You may update information you provide us or ask for a copy of it by contacting us directly at privacy@upperquad.com.

Our Sites contain links to other websites. Our privacy policy applies only to our websites, so if you click on a link to another website, you should read their privacy policy to understand your rights and setting options for protecting your privacy. Upperquad is not responsible for personal data obtained in connection with information made available on social media such as Twitter, Facebook and Instagram.

Our Sites use plugins from the video portal YouTube in our Sites. The service is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages with an embedded YouTube video, a connection to the YouTube servers will be established.The YouTube server informs you which of our pages you have visited. We use privacy-enhanced URLs. This means that your personal data will not be passed on to YouTube unless you click the “Play” button. If you are logged into your YouTube account, activate YouTube in order to link your display behavior directly with your personal profile. You can prevent this by logging out of your YouTube account. Further information on how YouTube handles user data can be found at: https://policies.google.com/privacy

Our Sites use plugins from the Vimeo. The service is operated by Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA. If you visit one of our pages that is equipped with a Vimeo plugin, a connection to the Vimeo servers will be established. The Vimeo server informs you which of our pages you have visited. Vimeo also receives your IP address. This also applies if you are not logged in to Vimeo or do not have a Vimeo account. The information collected by Vimeo is transmitted to the Vimeo server in the USA. If you are logged into your Vimeo account, activate Vimeo in order to link your display behavior directly with your personal profile. You can prevent this by logging out of your Vimeo account. You can find further information on the handling of user data in Vimeo at: https://vimeo.com/privacy.

We may find it appropriate or necessary, or may be legally obligated, to update this Privacy Policy from time to time. Updates will be made to this web page and the most recent update was made on August 5, 2020.

Any controversy or claim arising out of or relating to this Privacy Policy, or the breach thereof, shall be settled by arbitration administered by the JAMS Safe Harbor Program in accordance with its Commercial or other Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Upperquad

228 Grant Avenue, 6th Floor, San Francisco, California 94108

privacy@upperquad.com / +1 415 424 4330

Effective as of August 05, 2020.