Arrows Up, LLC - Privacy Policy

Last Updated: November, 2023

I. General Information

Arrows Up, LLC ("Arrows Up", "We", "Our", or "Us") respects our visitors and their Data (as hereinafter defined). This Privacy Policy ("Policy") explains how We collect, process, use, manage, store, and disclose such Data.

If you are Our client ("Client"), you are herein also referred to as "You" or "Your" and Your information gathered from Your interaction with the Technology (as such term is hereinafter defined) is herein referred to as "Your Data".

If you are a not our Client but are instead a visitor ("Visitor") to our Site(s) (as hereinafter defined) then you are also herein referred to as "End User" and End User Information (as hereinafter defined) gathered from End User's interaction with the Technology (as such term is hereinafter defined) is herein referred to as "End User Data"

We use the Services (as hereinafter defined) to provide website building and related tools to develop Your dedicated website(s) including any subdomains (herein "Your Website(s)" ) for You and for End User(s) and do so in accordance with our Arrows Up, LLC Terms of Service ("TOS") which, together with its therein referenced ancillary documents, are deemed incorporated herein as if fully set forth herein. This Policy is an integral part of, and incorporated into, Our TOS.

Further, Our www.goarrowsup.com website, and any of its subdomains are herein the "Site", "Site(s)", or "Sites" , Our products (herein "Products"; such as, but not limited to, Our Arrows Up Site Template(s) (the website templates and demonstration Sites that We might use as a foundation for building Your Website(s)) , the "Arrows Up Client Portal" (the web interface You use for administrative functions and the monitoring of Your Website), and the "Arrows Up Platform" (the code used to power the Arrows Up Client Portal and various features of Your Website) are collectively referred to as the "Platform" , and any other software, programs, source code, other offerings, tools, plug-ins, components, upgrades, updates, website building, hosting, and operating services, technology and all related applications, available now that may become available in the future, and which are used to fulfill our contractual requirements to you, are all herein defined as Our "Services".

The Platform and Services are herein "Technology".

There are functions of the Technology that may require registration, and as part of the process You and/or End User may be requested to provide certain Data, including but shall not be limited to: name, email address, physical address, company name, contact phone number, field of business and website URL.

Otherwise undefined information collected in connection with either You or End User is herein either Your or End User's "Additional Information".

Your Data, End User Data and Additional Information (as hereinafter defined) is collectively herein "Data".

What Data We collect when You and/or an End User visit the Site(s) and interact with the Technology depends on how You and/or End User interact with the Technology.

By using or otherwise interacting with the Technology, You and/or End User acknowledge that We will collect, process, use, manage, store, and disclose Your Data and/or End User Data, as the case may be, as well as any Additional Information as described in this Policy.

Please read this Policy carefully and any herein referenced documents. If You and/or End User do not agree to the provisions of this Policy, or to the provisions of the herein referenced documents, then do not use the Technology.

II. Categories of Data We Collect

We collect Data that You and/or End User provide to Us; some of which is collected automatically, and some information that is collected from other sources.

That Which Is Provided to Us. We collect Data You and/or End User provide to Us, depending on how You and/or End User use the Technology, when, for example, an account is created or a purchase is made through the Technology, an interaction occurs with customer support, or Data is otherwise entered into the Technology. Depending on whether you are a Client or a Visitor, this Data may include but shall not be limited to:

  • Personal Information (as hereinafter defined).
  • Commercial information, including if You and/or End User make or enable a transaction. In such a case, We will collect billing and financial information as necessary to process the transaction charges, such as credit card number, postal and email address.
  • Your and/or End Users support Data including messages sent to Us and any audio recordings of customer service calls.
  • Any other information provided to Us such as survey responses or feedback.

You and/or End User can choose not to provide Us with certain information or Data, but then that may preclude being able to register with Us or take advantage of all of the functionality of the Technology.

That We Collect Automatically. When You and/or End User interact with the Technology, We may automatically collect Data about Your or End User's browser, device, and use of the Technology, including, but not limited to IP address, MAC address, approximate location, Data about Your or End User's activity on the Technology (such as page views), device type, browser type, operating system and version, the web page You or End User were visiting before You or End User came to the Site, information You or End User search for on the Site, locale preferences, Your or End User's mobile carrier, date and time stamps associated with transactions, system configuration Data, metadata concerning Your or End User's files, website alias, responsive website or mobile website URL, and website URL. Some of this data is collected using cookies and similar technologies. To learn more about these technologies and Your or End User's choices regarding them, please see the Section below titled "Your Choices and Rights".

That We Collect From Other Sources. We may collect information about You or End User from publicly and commercially available sources, as permitted by law, including but not limited to publicly available directories, social media, advertisers and business partners, and users.

III. How We Use Data

We may use Data for the following purposes, unless indicated otherwise:

  • To provide and improve the Technology;
  • To provide customer support and respond to Your or End User's queries;
  • To communicate with You or End User about the Technology and to provide You or End User updates, offers, and other information related to the Technology (subject to any preferences We offer and/or that are required by law);
  • To advertise and market the Technology to You and/or End User, in accordance with applicable legal requirements (subject to any preferences We offer and/or as required by law);
  • To analyze and research the functioning and use of the Technology and develop new features and to conduct surveys;
  • To prevent fraud and protect the security and integrity of the Technology; and to protect the rights, safety, security, interests, and property of Arrows Up, You, End Users, Our partners, third parties, and members of the public;
  • To enforce Our policies, including but not limited to this Policy, and Our TOS (and all documents referenced therein);
  • To comply with legal requirements, including applicable laws, regulations, and legal process (e.g., subpoenas, warrants, or preservation requests); and
  • For any other purpose, with Your and/or End User's consent.

We may aggregate, de-identify and/or anonymize any Data collected through the Technology so that such Data is no longer reasonably capable of being associated with You or End User. We may use aggregated or anonymized Data (or information that was never associated with You or End User) for any purpose, including for research and marketing purposes, and We may also share such Data for any purpose with any third parties, at Our discretion.

The laws in some jurisdictions require companies to tell You and/or End User about the legal grounds they rely on to process Your Data and/or End User Data. Our legal basis for processing Your Data or End User Data as described in this Policy are as follows:

  • Performance of contract: Where use of Your Data or End User Data is necessary to perform Our obligations under a contract or commitment to You. For example, to provide the Technology You have requested from Us, or to comply with Our TOS.
  • Legitimate interests: Where use of Your Data and/or End User Data furthers Our legitimate interests or the legitimate interests of others. For example, to provide security for the Technology, operate Our business and the Technology, make and receive payments, assert and defend Our legal rights and those of others, market and improve and optimize the Technology, and prevent fraud.
  • Compliance with legal obligations: Where We use Your Data and/or End User Data to comply with applicable legal obligations. For example, keeping track of purchases for tax and auditing purposes, and complying with valid law enforcement and court orders.
  • Consent: Where You or End User have consented to Our processing of Your Data and/or End User Data for a particular purpose.

For the purposes discussed in this Policy, We may combine the Data that We collect through the Technology with information that We receive from other sources, both online and offline, and use such combined Data and information in accordance with this Policy.

IV. How We Share Data

We may share Your Data or End User Data under the following circumstances:

  • Internally - We share Your Data or End User Data with companies in Our group and Our employees as necessary in order to provide You with the Technology and operate Our business efficiently and effectively.
  • Service Providers - We may share Your Data or End User Data with third parties that work on Our behalf to help Us operate Our business and provide the Technology by performing services that include, without limitation: maintenance, payment processing, website hosting and database management services, data security, storage, analytics, website administration, legal or tax services, email management, consent management, and advertising. Service providers must comply with this Policy and may only use Your Data or End User Data to provide Us with their services.
  • Affiliates and Partners - We may provide Your Data or End User Data to Our affiliates or partners, if (i) You or End User (as the case may be) have a relationship with that affiliate or partner either online or offline (non-Internet), including in particular where You or End User contract with such affiliate or partner independently of Arrows Up, but the connection is made through the Platform.
  • Marketing partners - in some cases, We share Your Data for communicating targeted advertising and promotional materials.
  • As required or permitted by law - We cooperate in good faith with government and law enforcement officials and private parties to enforce and comply with the law and protect the rights of Arrows Up, its customers and third parties. We will disclose Your Data or End User Data if We, in Our sole discretion, believe it necessary or appropriate: to respond to claims and legal process (including but not limited to subpoenas); to protect Our or a third party's property, safety, or rights; to address any activity We consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; or as otherwise required or permitted by law.
  • Business Transactions - We may share Your Data or End User Data if We sell, transfer, or otherwise share some or all of Our assets in connection with a merger, acquisition, reorganization, or sale of all or substantially all of Our shares or assets or a similar transaction, in the event of bankruptcy, or contemplated of or diligence leading up to a potential corporate transaction.
  • With Your Consent - We share Your Data or End User Data when We have consent to do so.

Please be aware that if You or End User choose to share Your Data or End User Data (as the case may be) on the Technology (for example in the form of a comment or post on the Arrows Up Sites, if such features are available), Your Data or End User Data will be available to anyone who is able to view it where You have shared it.

V. Choices and Rights

Marketing Emails: You or End User may choose not to receive Our promotional or marketing emails by clicking on the "unsubscribe" link in those emails. Please note that even if You or End User unsubscribe from Our marketing emails, We will continue to send You and/or End User transaction-related emails regarding Our Technology that You or End User have requested, certain non-promotional emails about Us and the Technology, and responses to Your or End User queries or feedback.

Cookies and Similar Technologies: When You or End User interact with the Technology, We (and third parties acting on Our behalf) automatically collect certain Data about the used browser, the used device, and use of the Technology through cookies, pixel tags, web beacons, local storage, and other similar technologies. Cookies are small text files stored on Your browser or device, which allow Us to provide certain features of the Technology, personalize Your or End User user experience, and advertise the Technology to You. You or End User can find more information about cookies at www.allaboutcookies.org.

We can only control the cookies on Our Site. To manage Your or End User, as the case may be, preferences with regard to cookies on Arrows Up's Site, please visit Our page on Cookie Settings. Client determines what cookies are placed on Your Website(s). Arrows Up does not control those cookies, and the cookie preferences for Arrows Up's Site do not apply to the cookies on Customer Sites, or third-party service providers (affiliates and partners) with whom You contract through Arrows Up.

Your or End User's web browser may allow You or End User, as the case may be, to manage cookies and local storage. Each browser is different, so please, follow the directions provided in Your or End User's browser's "help" section to manage cookies. Please note that if You or End User delete or disable cookies from the Technology, some parts or functions of the Technology may not work properly for You or End User, as the case may be.

Tailored Advertising: We engage third parties to serve advertisements for The Technology on Our behalf on third-party websites and applications. You or End User have certain choices about how Your Data or End User Data, as the case may be, is used for this purpose.

  • For more information about tailored advertising or to opt out of participating companies, visit the opt-out pages of the Network Advertising Initiative or the Digital Advertising Alliance. We make no representation about the accuracy or effectiveness of these opt out mechanisms. Please note that if You or End User opt out, You or End User may still see advertisements; however, they will not be tailored based on Your or End User's interests.
  • Some tailored advertising is carried out using cookies. You or End User may be able to set Your or End User browser, as the case may be, to refuse certain types of cookies. Please see the "help" section of Your browser for more information.
  • If You or End User are using a mobile device, You or End User can opt out of certain types of tailored advertising by changing the settings on Your device.

"Do Not Track" Signals "Do-not-track" ("DNT") is a setting offered by some browsers. DNT signals are not yet uniform, so We, like many other website operators, do not currently recognize or respond to DNT signals.

Rights: Depending on Your or End User's jurisdiction of residence, You or End User may have the right to request:

  • Access to, a copy of, and certain information about Our processing of, Your Data or End User Data, as the case may be;
  • Correction of inaccuracies in Your Data or End User's Data, as the case may be;
  • Deletion of Your Data or End User's Data, as the case may be, subject to any legal or other rights where We must retain certain information and Data; and
  • Restriction of the processing of Your Data or End User's Data, as the case may be; You or End User Data also have the right to object to Our processing of Your Data or End User's Data, as the case may be, in some circumstances.

These rights are subject to applicable exceptions, and We will need to verify Your or End User's identity before processing Your or End User's request. If You or End User would like to submit a request relating to Your Data or End User Data, as the case may be, please contact Us using one of the methods in the Section below titled "Contacting Us".

If End User contacts Us to exercise a right with respect to End User Data, for which We are a processor/service provider, We will either forward this request to You or put End User in contact with You directly so they can exercise their rights.

If You or End User are a resident of the state of California, please see the Section below titled "Notice to California Residents" for more information about Your rights.

VI. Third Party Links and Content

The Technology may contain third-party content or links to any third-party website(s) and services. When You or End User interact with such content or visit third-party website(s), or install a third-party app or use a third-party service, You or End User will be providing third parties with Your Data or End User Data, as the case may be. Such third-party content and sites are not governed by this Policy, and We have no control over how third parties use Your Data or End User's Data, nor are We liable for such third parties' use or disclosure of Your Data or End User's Data, as the case may be. A third party's use of Your Data or End User's Data is subject to that third party's privacy policy and Your or End User's contract with them. Before You share Your Data or End User shares their End User Data with a third party, We encourage You or End User to read the third party's privacy policy and any other relevant terms.

Retention: We will retain Your Data or End User Data for as long as necessary to provide Our Service, and as necessary to comply with Our legal obligations, resolve disputes, and enforce Our Policies. Retention periods are determined taking into account the type of Data that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation. We will keep records containing Data, account opening documents, communications, and anything else as required by applicable laws and regulations. In general, personal data relating to You or End User will be retained for the duration of the engagement with the Customer, and for a period of up to [7] years following the termination of Technology.

Security: We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of Your Data or End User's Data. However, because no security measures are perfect, there is always some risk involved in transmitting Your Data or End User's Data over the Internet. We cannot guarantee the security of Your Data or End User's Data, and You or End User transmit it to and through the Technology at Your or End User's own risk.

You or End User can help prevent unauthorized access to Your Data or End User's Data by protecting Your or End User's Password appropriately and limiting access to Your account or End User's account (for example, by signing off after having finished accessing the Site(s)). You or End User are solely responsible for all activity that takes place through Your or End User's account, including any unauthorized use.

Children's Privacy: The Technology is not intended for children under the age of 18. We do not knowingly collect personal information from children under the age of 18. If We learn that a child has provided Us with personal information (as that term is defined in the Children's Online Privacy Protection Act (COPPA)), We will delete such information in accordance with applicable law or if We otherwise determine accounts are held by users under 18, We reserve the right to take actions We deem appropriate, including deleting such accounts.

VII. Notice to California Residents

If You or End User are a California resident, California law requires Us to provide You and/or End User with some additional information regarding how We collect, process, use, manage, store, and disclose personal information (as this term is defined in the California Consumer Privacy Act ("CCPA"); herein "Personal Information").

Categories of Data We Collect. We collect information from and about You and/or End User as specified in the Section above titled "Categories of Data We Collect". This information includes the following categories of personal information:

  • Identifiers (such as name, address, IP address, and email address);
  • Commercial information (such as products or services purchased, obtained, or considered);
  • Payment information;
  • Internet or other electronic Network Activity Information (such as browsing history, search history, and information regarding Your interaction with The Technology);
  • Location Data;
  • Audio information (specifically, information from customer service calls, as explained above); and
  • Inferences drawn from any of the above information.

How We Use and Share These Categories of Personal Information: We use the above categories of personal information for the purposes listed in the Section above titled "How We Use Information", and We disclose Your Data or End User Data to third parties as described in the Section above titled "How We Share Information"; subject to the requirements of the CCPA. For data for which We are a service provider, as defined in the CCPA, We collect, process, use, manage, store, and disclose Your Data or End User Data at the direction and on behalf of Our Clients.

The CCPA sets forth certain obligations for businesses that "sell" personal information to third parties. To the extent that re-targeted advertising is a sale of personal information, in that regard We may be selling personal information; to opt out of such re-targeted advertising, please update the relevant settings to block cookies on Your or End User's browser and device.

Your Rights: California residents (or their authorized representative) have the right to request the actions listed in the Section above titled "Choices and Rights". To request to exercise any of these rights, please contact Us using one of the contact methods in the Section below titled "Contacting Us".

The CCPA further provides You or End User with the right to information about the financial incentives that We offer to You or End User, if any, and to not to be discriminated against (as provided for in applicable law) for exercising Your or End User rights. Please note that certain information may be exempt from such requests under California law. For example, We need certain information in order to provide the Technology to You or End User. We also will take reasonable steps to verify Your or End User's identity before responding to a request.

Shine the Light Disclosure: The California "Shine the Light" law gives residents of California the right under certain circumstances to request information from Us regarding the manner in which We share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share Your or End User's personal information with third parties for their own direct marketing purposes.

VIII. Changes to this Policy

We reserve the right, in Our sole discretion, to amend or update this Policy from time to time. If We make any material changes to this Policy, We will notify You or End User as required by law. You or End User are advised to consult this Policy regularly for any changes.

IX. Contacting Us

If You or End User have any concerns or questions about this Policy or Your or End User's rights, please contact Us via:

  1. Email: [email protected]
  2. Postal mailing to:
    Arrows Up, LLC
    Attn: Arrows Up Legal Department
    600 W Woodbine Avenue, St. Louis, MO 63122

or to such other email address or postal address of which you have been notified by Our sending notice of such change to the last known email address we have on file for You.