Privacy policy

Last update: May 11, 2023

Introduction

In this and the following section summaries, we have placed the legal information in a more accessible and abbreviated form. For complete information, please read the text in the section to the right.

This Policy is intended to help you understand:

  • why we collect your personal data;
  • how we collect, use and store your personal data;
  • which rights relating to your personal data you have;
  • how you can exercise the rights relating to your personal data;
  • how we use cookies and other tracking technologies;
  • how we share and disclose your personal data;

Uspacy LLC is located in Ukraine.

This Privacy Policy (“Policy”) describes the different ways Uspacy LLC (“we”, “us”, “our”, “Company”, “Uspacy“) may collect, use, and share information obtained when you use Uspacy LLC platform (the “Platform”), our website https://uspacy.partners (the “Website”), interact with us via our social media websites such as Facebook, Instagram, Twitter, LinkedIn (“social media”), and messengers, or provide us with information about yourself via any other way. Such treatment may include, but is not limited to, the following:
  • collection;
  • recording;
  • organisation;
  • storage;
  • structuring;
  • adaptation;
  • alteration;
  • retrieval;
  • consultation;
  • use;
  • disclosure by transmission;
  • dissemination or otherwise making available;
  • alignment or combination;
  • restriction;
  • and erasure or destruction.

You can be our visitor or client:

  • You are a Visitor when you merely browse our Website and/or submit your personal data via the Website’s forms, online chat, or otherwise without having an account in the Platform;
  • You are a client or client’s representative (‘Client’) when you have registered an account in the Platform and share your and/or third parties' personal data with us when you use our Platform or submit your personal data via our social media accounts, email, contact us for assistance, leave us feedback regarding our Platform while having an account in the Platform.

When you submit your personal data to us, you may be asked to consent to our processing of the personal data you provide as explained in this Policy to enable us to provide you with the information requested, if no other legal ground can be used.

Definitions

To facilitate your understanding of this Policy, we explain the usage of the definitions listed here in accordance with the GDPR.

We use the following definitions in this Policy:

  • “data controller” means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data is processed.
  • “data processor” means the natural or legal person who processes personal data on behalf of the data controller.
  • “data subject” is any living individual that provides their personal data to Uspacy when using Platform, interacting with Company's social media, messengers, or provide their personal data to Uspacy in via any other way.
  • “personal data” means any information relating to you and helping identify you (directly or indirectly) such as your name, last name, email, location data, etc.
  • “processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • “joint controllers” means two or more controllers jointly determining the purposes and means of processing.

The definitions of terms used within this Policy are taken from the GDPR.

Data Collection

We collect and process the information about you or obtained from you in accordance with this Policy. In this section, you can learn more about what personal data may be collected when you visit the website, use our application, or interact with us in other ways.

We collect two basic types of information about you in connection with our services: client data, visitor data, which relate to Clients and Visitors respectively. In particular, we collect:

(a) Contact Information. We can collect some personal data when you submit your personal data via the Website’s forms, social media, messengers, email to contact and/or provide feedback on our Platform. Such data may include name, email, and other information you may provide us via available contact options.

(b) Cookies Information. On our Website, we may use cookies and other tracking technologies for a variety of purposes: for analytics, marketing activities, remembering your preferences, and other purposes. Such use may involve the transmission of information from us to you and from you to a third party website or us. To learn more regarding our use of cookies please see our Cookie Policy.

(c) Registration Information. When you create an account on the Platform, we collect the following required information about you — email address. You must enter the above information yourself to create an account unless we receive such information about you from the third-party authentication token when you choose to sign up using the respective button.

(d) Authentication Token Information. When you create an account in the Platform through the respective ‘Sign In with…’ button, we collect an encrypted authentication token obtained from the selected service provider. We can obtain the following information about you via such a token: support@uspacy.com.

(e) Integrations API Information: Clients’ API tokens, which are necessary to integrate your account (giving our Platform access to a third-party platform API) with other third-party services such as social networks, email marketing, payment systems, telephony, banks, etc.

(f) Automatically Collected Information. When you use our Platform, we collect certain information about you and your device automatically, including user behaviour and conversions.

(g) Payment Information. If you order services from us, you will need to provide certain personal details, including name, email, and phone number, so the order can be fulfilled. If the payment is made on the behalf of a legal entity, we also may collect some information about such a legal entity. In order to obtain payment from you, we will use or direct you to a separate payment provider who will collect financial information from you and process your payment. Please, read the privacy policy of a separate payment provider before making a payment to us, as that separate payment provider is collecting, processing, and storing your financial information and we do not have direct access to or possession of your payment card information or banking information.

(j) Client’s Information. As part of our services, we can process third-party personal data that has been provided to us by our Clients. In this case, we process such personal data (which may relate to customers, prospects, employees, contractors of Clients) under instructions provided by the respective Client.

We use the personal data we collected and the personal data you provided us with or requested us to collect only for the purposes listed in this Policy. We may share your personal data with third parties solely for the purposes listed herein.

When we act as a data controller, We DO NOT intentionally collect and process any sensitive personal data. Please, refrain from sharing your or third-party sensitive personal data with us.
We DO NOT sell your data. We DO NOT use automated decision-making and profiling. 

Grounds for processing

Our grounds for processing your personal data are:

  • your consent;
  • our legitimate interests;
  • performance of a contract;
  • our legal obligations.

We do NOT intentionally collect and process sensitive personal information. Please, refrain from sharing your sensitive personal data when you provide information to us through Platform, or our social media accounts.

We collect and process your personal data in accordance with the provisions of the GDPR.

GDPR provides an exclusive list of lawful bases allowing us to process your personal data. During personal data processing we rely only on four of them, namely:

Article 6.1(a): consent

We collect the information you choose to give us, and we process it under your consent. You may withdraw your consent to the processing of your personal data at any time.

Please remember that the withdrawal of consent does NOT automatically mean that the processing before the withdrawal is considered unlawful. You may withdraw the consent to the processing of your personal data by sending us an email at privacy@uspacy.com, or by contacting us in any other way convenient for you.

Article 6.1(f): legitimate interests

As a data controller, we process your personal data to prevent any fraudulent actions and to provide you with the desired services. Also, we need some data to enable our Website to run smoothly and give you a pleasant user experience. We use only strictly necessary data under this legal ground.

Article 6.1(b): performance of a contract

When you provide us with the personal data during the registration of the account on the Platform; this can be deemed as your request to form a contract or to perform a contract between you and us. However, we may ask you to give us clear consent in case of doubt.

Article 6.1(с): legal obligation

We process your personal data to fulfil the applicable legal obligations arising mainly from the GDPR. In the event of you sending us the request to fulfil the rights granted by the GDPR, we may ask you for some personal data we already have to identify you and achieve compliance with the applicable law.

Use of Your Personal Data

As a data controller, we use your personal data for the purposes listed in the table below where we also detail the type of personal data processed, legal bases we rely on to do so, third parties with whom we may share your personal data:

Purposes

We also process certain personal data as a data processor, at the request and pursuant to the instructions given by the respective user of our Platform (data controller in that case. We describe several possible situations where we can act as a data processor in the table below:

Purposes

Data Security, Integrity and Retention

We will store and process your personal data for as long as needed to provide you or other customers with the services.

Also, you may request erasing of your personal data by contacting us in any way convenient for you.

As a data controller, we store and process your personal data until we do not need it for any of the purposes defined in this Policy unless longer storage is required or expressly permitted by law.

Usually, we retain your data while your account is actively used, but we will delete your personal data if we notice that you have not used your account for a long time or if you ask us to delete your personal data.

Some categories of data can be stored for a shorter time: for example, cookies expire in a few days, weeks or months as they are programmed to (or earlier if you clean your browser’s cache).

We may not delete or anonymize your data if we are compelled to keep it to comply with the law or legal process.

Despite any of the aforementioned periods of data storage, you may request to delete your personal data by sending us an email at privacy@uspacy.com or contacting us via another way convenient for you.

As a data processor, we store information you provided us with through your account for the period of time specified in the Company’s Terms of Service. If your account on the Platform is inactive (you do not access Platform and/or do not use our services) for the [insert period], the personal data is to be deleted in accordance with Company’s Data Processing Addendum.

We have implemented appropriate organisational, technical, administrative, and physical security measures that are designed to protect your personal data from unauthorised access, disclosure, use, and modification. We regularly review our security procedures and policies to consider appropriate new technology and methods.

Data Sharing and Disclosure

We only transfer your personal data to third parties according to the requirements of GDPR.

Where possible and necessary, we always enter into data processing agreements (DPAs) and Non-Disclosure Agreements (NDAs) with our third parties.

We may disclose the personal data to third parties, including those located outside the EU and EEA, provided that proper safeguards are put in place and the applicable local laws do not put your rights at risk.

We may share your personal data as a data controller to joint controllers and data processors in accordance with provisions specified hereafter.

Sharing data with joint controllers

In some cases we may act as a joint controller jointly with other joint controllers, for example, while using Meta pixel. In respect to this case of personal data processing, we are the party to the Facebook Joint Controllership Addendum. In such a case, a data subject may exercise their rights under the GDPR in respect of and against both other joint controllers and us.

Sharing data with data processors

There are many features necessary to provide you with access to our Platform that we cannot complete ourselves, thus we seek help from third parties. We may grant some service providers access to your personal data, in whole or in part, to provide the necessary services.

Therefore, we may share and disclose your personal data to other data processors:

  • Google Workspace (Google LLC, USA): to use Google services such as Gmail, Chat, Meet, Calendar, Drive, Docs, Sheets, Slides, Forms for collecting, storing, structuring and using your personal data. You may read its Privacy Policy here.
  • Google Analytics (Google LLC, USA): to analyse statistical data on how the visitor uses the Website in order to improve our Website’s functionality, to improve advertisement campaigns. You may read Google LLC’s Privacy Policy here.
  • AWS (Amazon.com, Inc., USA): to provide secure transfer and storage of personal data on the servers. You may read its Privacy Policy here.
  • PowerBI (Microsoft Corporation, USA): to analyse user behaviour and conversions. You may read its Privacy Statement here.
  • ChargeBee (CHARGEBEE INC., USA): to sumscription management. You may read its Privacy Policy here.
  • Stripe (Stripe, Inc., USA): to process payments from the clients and enable clients to purchase the subscription for the Company’s services. You may read its Privacy Policy here.
  • eSputnik (ФОП Тимченко Вікторія Володимирівна, Ukraine): to send messages for marketing communications. You may read its Privacy Policy here.
  • TalkJS (Klets B.V., Netherlands): to provide a service of internal chat communication to our clients. You may read its Privacy Policy here.
  • Intercom (Intercom, Inc., USA): to ensure proper communication in support chat if our clients and visitors need help, assistance, explanations. You may read its Privacy Policy here.

During our business activities we may engage different specialists which may receive your personal data, including technical, sales and marketing specialists, to provide you with better customer service. Also, we may disclose some of your personal data to our outsource legal and accounting professionals to make our business accurate and transparent. The abovementioned specialists are collectively referred to as Contractors.

We may transfer your personal data to countries outside the EU and EEA (for example, the USA) that are not determined to offer an adequate level of data protection on the basis of article 45 of GDPR (adequacy decision) with appropriate safeguards as determined under the GDPR.

We only transfer your personal data to third parties within requirements under the GDPR. Where possible and necessary, we always enter into Data Processing Agreements (DPAs) and Non-Disclosure Agreements (NDAs) with them and treat personal data transfer seriously. Where the Contractor has an appropriate data processing agreement in place, Company may adjoin such data processing agreement. If so, Company and the Contractor may regulate the transfer of the personal data to such Contractor by means of this data processing agreement.

Transferring your personal data outside of the European Economic Area

We may transfer your personal data to third countries outside the EU and the EEA under Article 46 of the GDPR on the appropriate safeguards, including the standard contractual clauses (SCC).

For transfers to countries that do not fall under requirements of Article 45 of the GDPR on the adequacy of the level of protection, we may transfer your personal data to the third countries outside the EU and the EEA, including the onward transfers of the personal data from the third countries to another third countries, under Article 46 of the GDPR with the appropriate safeguards, including the SCC.

We disclose your personal data to the countries outside the EU and the EEA, in compliance with our internal procedures regarding international transfers in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of natural and legal persons.

We put supplementary technical and organisational measures in place when transferring data outside the EU and the EEA. e.g. prior assessment of the service supplier’s reliability and personal data protection practices, encryption of the transferred personal data, prompt reacting to any threats to confidentiality, integrity and availability of the personal data, conducting transfer impact assessments (TIA) when necessary, etc. 

Your Rights under the GDPR

You may exercise the following rights under the General Data Protection Act (GDPR):

  • right of access;
  • right to rectification;
  • right to erasure;
  • right to restriction of processing;
  • right to object to processing;
  • right to data portability;
  • right to lodge a complaint;
  • right to consent withdrawal.

You may exercise the following rights by submitting your request at privacy@uspacy.com.

When we act as a joint controller with regard to particular processing of personal data, you may exercise your rights under the GDPR in respect of and against both other joint controller(s) and us.

Rights under the GDPR

  • right of access means that you may ask us to send you the copy of your personal data collected together with information regarding the nature, processing and disclosure of that personal data;
  • right to rectification means that you may ask us to update and correct the false data, missing or incomplete personal data.
  • right to erasure (to be “forgotten”) means that you may ask us to delete your personal data collected, except insofar it is prohibited by appropriate laws.
  • right to restriction of processing means that you may ask us to restrict processing where:
    1. your personal data is not correct or outdated;
    2. the processing is unlawful.
  • right to object to the processing means that you may raise objections on grounds relating to your particular situation;
  • right to data portability means that you may ask us to transfer a copy of your personal data to another organisation or to you if applicable and technically feasible;
  • right to withdraw the consent when your personal data processed on a basis of your consent;
  • right to lodge a complaint with the supervisory data protection authority pertaining to the processing of your personal data.

You may submit the complaint to the supervisory authority of your place of residence within the EU or to the data protection authority stated in this Policy.

Please, note that we may need to confirm your identity to process your requests to exercise your rights under the GDPR. Thus, we may not be able to satisfy your request if you do not provide us with sufficient detail to allow us to verify your identity and respond to your request.

Data Protection Authority under the GDPR

We kindly ask you to contact us directly so that we can quickly answer your question.

We kindly invite you to share your concerns with us in the first place regarding any issue related to your personal data processing. You may contact us to address your inquiries: privacy@uspacy.com.

Supervisory Authorities under GDPR: 

In case of any questions regarding data protection, you can apply to the supervisory authority in your place of residence or domicile. We will cooperate with the appropriate governmental authorities to resolve any privacy-related complaints that cannot be amicably resolved between you and us. You can find the full list of EU supervisory authorities through the link.

Children’s Privacy

Where you are a child under 16 in the EU, we need the consent of your parent (or another holder of parental responsibility, legal guardian) to allow you to use our Platform.

Our Platform is intended for general audiences and is not directed to children under 16 in the meaning of applicable children’s protection laws. We undertake the best possible efforts to secure the processing of personal data belonging to the underage. Therefore, the Platform does not knowingly collect personal data from persons under the age of 16.

If you are under 16, please do not provide any personal information on our Platform, through our features, or in any other ways, including, but not limited to your name, email, phone number, or other personal information. By registering on the Platform and entering into the contract with the Company, you are telling us that you acknowledge that you have reached the age of 16 and under the laws of your country of residence you have all rights to provide us with your personal data for processing.

If you have any reason to believe that a child under the age of 16 has provided his/her personal data to us, please contact us at privacy@uspacy.com. Please consider applicable laws and regulations regarding the protection of children if you pass children’s personal information to us via the Platform.

Changes to the Privacy Policy

We may change this policy from time to time due to the different purposes.

We will notify you on such material changes through means available to us.

Please contact us if you have any questions about our processing activities, this Privacy Policy, or your rights.

This Policy may be changed from time to time due to the implementation of new updates, technologies, laws’ requirements or for other purposes. We will send notice to you if these changes are dramatic and where required by applicable laws, we will obtain your consent for the subsequent processing. In any case, we encourage you to regularly review this Policy to check for any changes.

Such notification may be provided via email, announcement published in our Website and by other means, consistent with applicable law.

If you have a question related to this Privacy Policy, our processing activities, or your data subject rights under GDPR and other applicable laws, you can contact us directly using the following details:

  • Our email: privacy@uspacy.com.
  • Our address: Ukraine, Kyiv, 01001, Velyka Zhytomyrska st., b. 21, office 3