Last Updated: September 15, 2020

This Privacy Policy is incorporated by reference into the Upstairs End User License Agreement and Terms of Use (the ‘EULA’) Any capitalized terms that we use in this Privacy Policy are defined either here or in the EULA. The Privacy Policy explains how Upstairs may:

  • – Collect,
  • – use, and
  • – disclose

information we obtain through the Upstairs service (the “Service”).

We collect information when you:

  • – register to use the Service;
  • – use the Service;
  • – complete an application to become a Designer; and
  • – otherwise communicate with or submit information or content to us. This includes information Designers and Clients may share in their communications with each other.

We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Service, and we own all rights to such information. We may also collect information about you from other outlets and mediums (like social media, in person events, etc.) and we may add that information to information you give us through the Service.

Information Collection. Anyone may browse the public-facing pages of the Service for free, but to become a registered user (a “User”), you must provide us with certain information to register. To register as a client (a “Client”), you must provide information, including your name, email address, zip code, and phone number. You may also provide other optional information and if you are a Client, you will be asked to answer questions about the space you are seeking designs for, including color preferences, use and occupants of the space, and other personal preferences and information relevant to creating comprehensive designs. If you provide us with any photos, images, dimensions, room layouts, etc. we will collect that information as well.

Referrals. If you provide us with contact information (including emails) of any friends we may contact those friends and say you have referred us to them. We may also receive information about you from your friends, if they provide us information about you. You should not give us any contact information for anyone unless you have their permission to do so. You may only provide us contact information for actual people you know who live in the United States.

Using the Service. We collect information you post through the Service. For example, we collect any information you post when you interact with other Users during a design project (a 
“Project”), including any information you post. If you are a designer (a “Designer”), the Service will also collect any communications you have through the Service. As part of this, we will collect any interim or final design renderings, plans, or recommendations, which we shall own, and we may use (or share) for any purpose so long as we do not share it with any other information that can identify you personally as the source.

Making Payments. If you are a Client, when you make payments through the Service, you may need to provide information to our third-party service providers, such as your credit card number and billing address and they may store that information.

Receiving Payments. If you are a Designer, we will pay you via a third-party service provider, which may need to collect your bank account and routing numbers, address, name and phone number.

Customer Support. We may collect information through your communications with our customer-support team.

Location Information from Your Mobile Device. We may collect and store your location information if you enable your mobile device to send it to us. Collection of this information may improve the provision of the Service.

Cookies, Automatic Data Collection, and Related Technologies. The Service collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics. When you visit the Service, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Service may not work properly. By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service. The Service is not presently configured to respond to DNT or “do not track” signals from web browsers or mobile devices. We use Google Analytics and other third party analytics services on our site. Google Analytics is a web analytics service provided by Google. Google Analytics and similar companies use cookies to collect anonymous traffic data to help us analyze how users use the website. The information generated by a cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States and maybe stored by other third parties elsewhere. Google will use this information for the purpose of evaluating your use of the site, compiling reports on site activity for us and providing other services relating to site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using the website, you consent to the processing of data about you by Google in the manner and for the purposes described in this policy. Other third party analytics companies may use and share the information differently. If you have concerns relating to the usage of Google Analytics, it is possible to block Google Analytics by installing a plug-in to your browser. A plug-in for the most common browsers can be found here: http://tools.google.com/dlpage/gaoptout

We use information to:

  • – provide you with the Service (including shipping your any products you’ve purchased through the Service);
  • – facilitate and improve our services (including research and marketing purposes) and develop new services; and
  • – communicate with you (including administrative messages and promotional communications).

Internal and Service-Related Usage. We use information for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the Service, these third parties may include marketing partners, furniture and goods suppliers, credit card processors, hosting providers and other third party vendors, partners or suppliers. We may use and retain any data we collect to provide and improve our services.

Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

Marketing. We may use information (including your email) to provide online advertising on the Service and to facilitate transmission of information that may be useful, relevant, valuable or otherwise of interest to you. This may be information about our products and services or third-party products and services

Aggregate Data. We may anonymize and aggregate data collected through the Service and use or share it for any purpose, including for marketing purposes.

We may share your information:

  • – with our third-party service providers (like credit card processors, vendors, or other suppliers);
  • – between Clients and Designers;
  • – to comply with legal obligations;
  • – with our current or future affiliates;
  • – with our partners;
  • – to protect and defend our rights and property; and
  • – with your permission.

We do not rent, sell, or share personally identifiable information about you with unaffiliated third parties for their direct marketing purposes, unless you have opted into such sharing. We may allow access to other data collected by the Service to enable the delivery of online advertising on this website, or otherwise facilitate transmission of information that may be useful, relevant, valuable or otherwise of interest to you.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Service. For example, if you purchase something through our Service, we will share your information with the supplier and their shipping and fulfillment partners. We will also share your information with our credit card processors.

We have Partners. We may share any information we receive with any entities with whom we have partnered with to provide you the Service.

Displaying to and Sharing with Other Users. The content you post to the Service may be displayed on the Service and may be seen by the Clients or Designers (as applicable) with whom you work, as well as others. All visitors of the Service, whether registered or not, may be able to see some information about you, such as your full name and picture if you are a Designer. Clients may also be able to see each Designer’s location, user reviews, the number of Projects such Designer has conducted, specialties, and photos of the Designer’s work. If you are a Client, Designers will be able to see your name, location and personal information, gender and the information you share about your design needs. We are not responsible for privacy practices of the other Users who will view and use any posted information.

Social Networking and Other Websites. The Service may allow you to share information with social networking websites, such as Facebook. We do not share your personally identifiable information with them unless you direct the Service to share it. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.

Marketing. We do not rent, sell, or share personally identifiable about you with unaffiliated third parties for their direct marketing purposes, unless you have opted into such sharing. We may allow access to other data collected by the Service to enable the delivery of online advertising on this website, or otherwise facilitate transmission of information that may be useful, relevant, valuable or otherwise of interest to you.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. If another company acquires our company or our assets, that company will possess the information collected by it and us and will assume the rights and obligations regarding your information collected by us as described in this policy.

We may also otherwise disclose your information with your permission.

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at studio@upstairs.design

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