Effective Date: November 26, 2021
“Personal information” refers to any information (data) relating to an identifiable individual or their personal identity.
Table of contents
- Data collection
- Data we collect on sites automatically
- Personal data uploaded by you
- Data processing purposes
- Legal bases for processing
- Data sharing
- International data transfers
- Third party data
- Data security
- Data retention
- Your choices and rights
- Questions and complaints
By filling in a contact form on our Sites or scheduling a demo, you agree and accept that we may gather, process, store and/or use the submitted personal information under the rules set forth below.
By giving your consent to us, you retain the right to have it withdrawn at any time. You may also request that we delete any personal information we have about you.
To grant you access and to use our Services, Uploadcare requests you to provide the following information, some of which may be personal information:
Contact details: We collect your contact information such as first name and last name, business email address and address, job workplace and position, telephone number.
Financial information: Through third party payment processor Stripe we collect data necessary for payment, including for invoicing purposes, such as your billing details and credit card number.
Communication: When communicating with Uploadcare, Uploadcare collects and processes written communications: email and live chat sessions, for improving its Services and quality control, which includes the usage of the collected communications for the handling of claims and fraud detection purposes. Collected communications are kept for a limited amount of time and automatically deleted, unless Uploadcare has a legitimate interest to keep such communications for a longer period, including for fraud investigation and legal purposes.
Data we collect on sites automatically
When using the Services, Uploadcare also collects information automatically, some of which may be personal information.
Examples of the information we collect and analyze include IP address, user agent data (information about the browser type and version), device screen resolution, device type and language, mouse events (movements, location, and clicks), referring URLs and domains.
We may also collect information about your Service activity, for example, your log-in and log-out times, the duration of Service sessions, viewed web-pages, or specific content on web-pages, activity measures, and geo-location.
Personal data uploaded by you
Whether from a cloud-based hosting service or your device, the content you upload to the Services (data, text, graphic, audio, audio-visual files, etc.) may include personal information. Note that the uploaded content may be accessible to others (depending on your settings).
We do not store information about who uploaded content, but in some cases it is possible to find such a connection (depending on the state of current logs and timeframe). Such data may include file UUID, client IP, user-agent, and referrer.
Please be careful when uploading the content and avoid any unintentional disclosure of personal or sensitive information without the other person's consent. If you process the personal data of End Users or other identifiable individuals in your use of our Services, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.
We do not modify your content in any way unless you requested such modification from our Services.
Data processing purposes
We use the information you provide, some of which may be personal information, for the following purposes:
A. Registration and account administration: We use the information to register your property and to allow you and Uploadcare to administer and manage the Services offered to you.
B. Providing our Services: We use the information, which may include personal information, to provide our Services, facilitate their performance, improve the Services and Sites' content related to their usage.
С. Analyze the use of Services: We use the information, which may include personal information, to analyze the volume and history of your use of our Services. We use the derivatives of such analyses to conduct monitoring and reporting of your use of our Services to comply with our Terms of Service ('ToS') and Service Level Agreement ('SLA').
D. Customer Service: We use the information to provide you customer support and customer success services, such as to: respond to your requests, questions and concerns; provide you with best practices to use the Services; engage in customer success communications when encountering unusual activities (e.g., spikes) in usage of Services.
E. Marketing/Communications: We use the information to provide you with information that you request, to send our newsletter, marketing communications and updates about new products and services or other news or offers which we believe will be of interest to you. We may invite you to attend events we believe may be of interest to you. We may also use your personal information to invite you to participate in referral programs. Where we use your personal information for direct marketing purposes, such as newsletters and marketing communications on new products and services or other offers which we believe will be of interest to you, we include an unsubscribe link that you can use if you don’t want us to send messages of the same type in the future. Using an unsubscribe link will be reflected on the Account settings page in your account settings. We use the settings you provide on the “Subscriptions” page to determine which types of messages you would like to receive. We can introduce new types of messages without notice. If you have unchecked all of the configurable types of messages on the “Subscriptions” page (all types except “Administrative”), every new type of messages introduced will also be automatically unchecked.
F. Certain Services may offer you means to deliver media to your end-users, which always includes Uploadcare as a source of that media. Uploadcare has access to these media and uses automated systems to analyze them for security purposes; fraud prevention; compliance with legal and regulatory requirements; investigations of potential misconduct; product development and improvement; research and customer or technical support.
G. Analytics, improvements and research: We use the information which may include personal information to conduct research and analysis. We may involve a third party to do this on our behalf. We may share or disclose the results of such research, including to third-parties and our affiliates, in anonymous, aggregated form. We also use the information, which may include personal information, to assess the needs of your business, to determine suitable products and to improve our Services and marketing efforts. We may invite you to take part in surveys, such as market research, and to analyze how to improve your experience, and the functionality and quality of our Services.
H. Security, fraud detection and prevention: We use the information, which may include personal information, in order to prevent fraud and other illegal or infringing activities when using our Sites as well as our Services. We also use this information to investigate and detect fraud. Uploadcare can use personal information for risk assessment and security purposes, including the authentication of users. For these purposes, personal information may be shared with third parties, such as law enforcement authorities as permitted by applicable law and external advisors.
I. Legal and compliance: In certain cases, Uploadcare needs to use the information provided, which may include personal information, to handle and resolve legal disputes or complaints, for regulatory investigations and compliance, to enforce agreement(s) or to comply with lawful requests from law enforcement insofar as it is required by law.
If we use automated means to process personal information which produces legal effects or significantly affects you, we will implement suitable measures to safeguard your rights and freedoms, including the right to obtain human intervention.
Legal bases for processing
In view of purpose A to D, Uploadcare relies on the legal basis that the processing of your personal information is necessary for the performance of your agreement with Uploadcare. If you do not provide the requested information, Uploadcare cannot register your property, allow you to use, administer, and manage the Services, nor can we provide customer service to you.
In view of purposes E to I, Uploadcare relies on its legitimate commercial business interest to provide its Services to you, to prevent fraud and to improve its Services. When using personal information to serve our commercial business interest, Uploadcare will always balance your rights and interests in the protection of your information against Uploadcare’s rights and interests. For purpose I, Uploadcare relies also where applicable on compliance with legal obligations (such as lawful law enforcement requests). Where needed under applicable law, Uploadcare will obtain your consent prior to processing your personal information for direct marketing purposes.
If you wish to object to the processing set out under D to G and no opt-out mechanism is available to you directly (for instance in your account settings), to the extent applicable, please contact our Data Protection Officer at [email@example.com][uc-email-privacy].
We share your information, which may include personal information, with third parties as permitted by law and as described below. We do not sell or rent your personal information.
Service Providers: We share your information with third party service providers to provide our Services, store data and/or maintain the Sites or conduct business on our behalf. These service providers shall process personal information only as instructed by and to provide the services to Uploadcare. For the updated list of our service providers please view the sub-processors list.
Payment Providers and other Financial Institutions: To process payments between you and Uploadcare your information, as relevant, is shared with payment providers and other financial institutions.
Compelled Disclosure: When legally required, strictly necessary for the performance of the Services, or to protect our rights, we disclose your information to governmental authorities including law enforcement (subject to a lawful request), or in legal proceedings. We will inform you before disclosing the information required for this purpose. We do not disclose customer's content unless we're required to do so to comply with the regulation or with a valid and binding order of a governing body. We will object to overbroad or otherwise inappropriate charges. Unless prohibited from doing so, or there is a clear indication of illegal conduct connected with the use of Uploadcare Services, we will notify customers before disclosing their content so they can seek protection from disclosure. Uploadcare customers can encrypt their content and have the option to manage their own encryption keys.
Sharing and Disclosure of Aggregate Data: We may share information in aggregate form and/or in a form which does not enable the recipient of such information to identify you, with third parties, for example for industry and demographic analysis.
In addition, Uploadcare can disclose your personal information to third parties, if you (or your account administrator acting on your behalf) requests or authorizes disclosure thereof.
International data transfers
Uploadcare has prepared a Data Processing Addendum for its customers. It forms a part of our Terms of Service ('ToS') and by accepting it you are also accepting DPA. If you reside in the European Economic Area or Switzerland, by signing this DPA you automatically accept Uploadcare Standard Contractual Clauses (Model Two).
Third party data
To provide its Services, Uploadcare captures and stores information, which may include personal information, about you and your end-users uploading materials to Uploadcare: (1) IP addresses; (2) request headers; (3) data submitted to the API of our Services.
Uploadcare, upon request from you or your account administrator acting on your behalf, may use the data derived from media uploaded by your end-users to: (1) detect MIME types; (2) deliver, convert or otherwise process media upon request to our Services.
You can recover, modify or delete your data from your Uploadcare account at any time through the dedicated procedures provided within its Services.
If you reside in the European Economic Area, UK or Switzerland and use our Services you are considered the data controller within the meaning of the GDPR; Uploadcare is acting as a data processor. This means that when you use our Services (receiving data from your end-users) you are responsible in particular for:
- Making all the declarations necessary to the relative data protection authority.
- Complying with all current regulations in force.
- Obtaining the explicit consent of the individuals concerned when collecting their personal information.
- Ensuring your authority to use the personal information collected in accordance with the defined end purposes and refraining from any unauthorized use.
When using our Services to receive media from European Economic Area, UK or Switzerland citizens, it is your obligation to ensure that your entire data pipeline complies with the GDPR regulations. When using our Services to receive media from citizens of the California state (USA), it is your obligation to ensure that your entire data pipeline complies with the CCPA regulations.
For purposes of keeping customer and end-user data ("Customer Data") safe and secure, Uploadcare is committed to complying with industry-standard privacy and security measures, as well as with all applicable data privacy and security laws and regulations. This includes ensuring that Uploadcare's systems and infrastructure are protected against unauthorized or accidental access, loss, alteration, disclosure, or destruction. Uploadcare has taken all necessary technical and operational measures to organize and protect its facilities, hardware, and software, personnel, storage and networks, access controls, monitoring and logging, vulnerability and breach detection, and incident response measures.
Read more in our security whitepaper.
Uploadcare in no way undertakes to store all your data indefinitely. You can access data so long as you hold an active account with us and for a period that varies depending on the type of data concerned and the subscribed plan, but, in no event no longer than 12 months after the closing of your account. The data may be deleted at any time during active use of your account in accordance with the provisions set forth above.
If you have a question about a specific retention period for certain types of personal information we process about you, please contact our Data Protection Officer at [firstname.lastname@example.org][uc-email-privacy].
Your choices and rights
We want you to be in control of how your personal information is used by us. If you reside in the European Economic Area, Switzerland or California the European General Data Protection Regulation 2016/679 (GDPR), and the California Consumer Privacy Act (CCPA), enables you to exercise your rights in the following ways:
- You can ask us for a copy of the personal information we hold about you.
- You have the right to know whether your personal information is sold or disclosed and to whom.
- You have the right to say no to the sale of your personal information.
- You can inform us of any changes to your personal information, or you can ask us to correct any of the personal information we hold about you. You are also able at any time to modify your personal information by accessing your account settings on our Sites.
- In certain situations, you can ask us to erase, block, or restrict the processing of the personal information we hold about you or object to particular ways in which we are using your personal information.
- In certain situations, you can also ask us to send the personal information you have given us to a third party.
Where we are using your personal information on the basis of your consent, you are entitled to withdraw that consent at any time subject to applicable law. Moreover, where we process your personal information based on legitimate interest or the public interest, you have the right to object at any time to that use of your personal information subject to applicable law.
We rely on you to ensure that your personal information is complete, accurate, and current. Please do inform us promptly of any changes to or inaccuracies of your personal information by contacting [email@example.com][uc-email-privacy]. Your applications will be processed within 30 days. We may require your application to be accompanied by a photocopy of proof of identity or authority. We may need to extend the time to process your application by a further two months if the request is complex, or if we receive a number of requests from the same individual. If this happens we will notify you within the first 30 days.
In addition, you have the right to lodge a complaint with the data protection authority in your jurisdiction.
Any material changes made will be notified to you via our Sites or by email, to the extent possible, three (3) business days at least before any changes come into force.
Questions and complaints
18401 Collins Ave, Ste. 100-241, Sunny Isles Beach, FL, 33160 To: Elena Sosnovskaya
For EU data subjects, you can send your requests to:
“Uploadcare,” CIC Rotterdam, Netherlands Groot Handelsgebouw Stationsplein 45, A4.004 3013AK Rotterdam
or to [firstname.lastname@example.org][uc-email-privacy].