Privacy Policy

Upsell SMS Inc. ("Upsell SMS," "we," "our," or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Shopify application ("Application").

Please read this Privacy Policy carefully. By accessing or using the Application, you acknowledge that you have read, understood, and agree to be bound by all the terms of this Privacy Policy and our Terms of Service.

If you do not agree with the terms of this Privacy Policy, please do not access the Application.

1. Information We Collect

1.1 Information from Shopify Merchants

When you install our Application on your Shopify store, we collect:

• Name, email address, and contact information
• Shopify store URL and basic store information
• Billing information (processed by Shopify)
• Information about your use of the Application, including configuration settings and analytics data
• Communications you have with our support team

1.2 Information from Your Customers

Through your use of our Application, we collect the following information about your customers:

• Phone numbers provided during checkout
• Order information, including products purchased, order value, and timestamps
• Customer responses to SMS upsell offers
• Opt-out requests and preferences

1.3 Automatically Collected Information

When you or your customers interact with our Application, we automatically collect:

• Log data (IP addresses, browser type, referring/exit pages, operating system, date/time stamps, clickstream data)
• Device information (device type, operating system, unique device identifiers)
• Usage data (interactions with the Application, performance metrics, error reports)

2. How We Use Your Information

2.1 Merchant Information

We use information collected from merchants to:

• Provide, maintain, and improve the Application
• Process transactions and send related information
• Send administrative messages, updates, and security alerts
• Respond to comments, questions, and customer service requests
• Analyze usage patterns and optimize the Application
• Protect against, identify, and prevent fraud and other illegal activities

2.2 Customer Information

We use information collected about your customers to:

• Send SMS order confirmations and upsell offers on your behalf
• Process and record responses to upsell offers
• Honor opt-out requests
• Provide analytics and reporting on upsell performance
• Improve the effectiveness of upsell recommendations

3. Information Sharing and Disclosure

3.1 Service Providers

We may share your information with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf, including:

• SMS delivery providers to send messages to your customers
• Data storage and hosting providers
• Analytics providers to help us understand Application usage
• Customer service and support providers

These third parties are only permitted to use your information to provide these services to us and are contractually obligated to protect your information.

3.2 Legal Requirements

We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

3.3 Business Transfers

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction. We will notify you via email and/or a prominent notice on our Application of any change in ownership or uses of your information.

3.4 With Your Consent

We may share your information with third parties when we have your consent to do so.

4. Data Security

We implement appropriate technical and organizational measures to protect the security of your information. However, please be aware that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

Our security measures include:

• Encryption of sensitive data in transit and at rest
• Regular security assessments and penetration testing
• Access controls and authentication requirements
• Regular security training for our team
• Monitoring for suspicious activities

5. Data Retention

We retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.

If you delete your account or uninstall our Application, we may retain certain information as required by law or for legitimate business purposes. We will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Application, or we are legally obligated to retain this data for longer time periods.

6. Your Rights and Choices

6.1 Access, Update, or Delete Your Information

You can access, update, or request deletion of your personal information directly through the settings of our Application or by contacting us. We will respond to your request within a reasonable timeframe.

6.2 Your Customers' Rights

As a merchant using our Application, you are responsible for providing your customers with appropriate notice about how their information is collected and used through the Application. You must also provide a mechanism for customers to opt out of SMS messages and honor those opt-out requests promptly.

Our Application includes features to help you manage customer opt-outs and comply with applicable laws regarding SMS messaging.

6.3 Data Protection Rights

Depending on your jurisdiction, you may have certain rights regarding your personal information, such as:

• The right to access information we have about you
• The right to rectify inaccurate information
• The right to erase your information
• The right to restrict or object to processing
• The right to data portability
• The right to withdraw consent

If you wish to exercise any of these rights, please contact us using the information provided at the end of this Privacy Policy.

7. International Data Transfers

Your information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the information, including personal information, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Where required by applicable law, we implement appropriate safeguards for international data transfers, such as standard contractual clauses approved by relevant regulatory authorities.

8. Children's Privacy

Our Application is not intended for use by children under the age of 16. We do not knowingly collect personally identifiable information from children under 16. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us. If we discover that a child under 16 has provided us with personal information, we will delete such information from our servers.

9. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

10. Compliance with SMS Regulations

Our Application is designed to help you send SMS messages in compliance with applicable regulations, including the Telephone Consumer Protection Act (TCPA) in the United States and similar regulations in other jurisdictions. However, you remain responsible for ensuring that your use of the Application complies with all applicable laws.

We recommend that you:

• Obtain express written consent from customers before sending SMS messages
• Clearly disclose that customers may receive SMS messages when they provide their phone number
• Include your business name in all SMS messages
• Provide clear opt-out instructions in all SMS messages
• Honor opt-out requests promptly
• Maintain records of customer consent

11. California Privacy Rights

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) regarding your personal information:

• The right to know what personal information we collect about you
• The right to know whether your personal information is sold or disclosed and to whom
• The right to opt out of the sale of your personal information
• The right to request deletion of your personal information
• The right to access your personal information
• The right to non-discrimination for exercising your privacy rights

To exercise these rights, please contact us using the information provided at the end of this Privacy Policy.

12. Cookie Policy

Our Application uses cookies and similar tracking technologies to track activity and store certain information. Cookies are files with a small amount of data that may include an anonymous unique identifier.

We use cookies for the following purposes:

• To maintain your session and authentication status
• To understand how you use our Application
• To remember your preferences and settings
• To analyze the performance and functionality of our Application

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Application.

13. Contact Us

If you have any questions about this Privacy Policy, please contact us at:

For data protection inquiries specifically, you can contact our Data Protection Officer at dpo@upsellsms.com.