Privacy Policy

Where’s it Up Privacy Policy Effective as of November 12, 2014

This privacy policy (the “Privacy Policy”) explains the privacy practices of Where’s it Up Inc., also doing business as Where’s it Up (“Where’s it Up”,”, “we”, “us” or “our”) that apply to (i) the access and use of the Wheresitup.com website and any related sub-domains, which we operate (the “Website”) and (ii) the use of our proprietary API (“API”), (iii) the provision by Where’s it Up of our services that will help you run diagnostic tests of your website(s) through our servers (the “Services”), and (iv) the use of our servers, networks and other equipment necessary for the performance of the Services (collectively, the “Servers”), as further described in the Terms of Service.

WHERE’S IT UP IS COMMITTED TO MAINTAINING YOUR PRIVACYPLEASE READ ALL THE TERMS OF THIS PRIVACY POLICY SO THAT YOU UNDERSTAND WHAT TYPE OF PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT, HOW WE USE IT AND TO WHOM WE DISCLOSE IT

• Your Agreement. This Privacy Policy must be read together with the Terms of Service WHICH are a legal agreement between you and Where’s it Up for the access and use of the Website, the API, the Servers and the provision of the Services by Where’s it Up to you.
• Consent. BY ACCESSING OR USING THE WEBSITE, USING OUR API, THE SERVERS AND/OR THE SERVICES, OR BY SUBMITTING PERSONAL INFORMATION TO US OR ON OR THROUGH THE WEBSITE, YOU CONSENT TO WHERE’S IT UP’S COLLECTION, USE AND DISCLOSURE OF SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY (AS AMENDED FROM TIME TO TIME) AND AS PERMITTED OR REQUIRED BY LAW. If you do not agree with the terms of this Privacy Policy, do not provide us with any personal information or use the Website, the API, the Servers or the Services. You can withdraw your consent at any time by following the instructions described below in the Section “General”.
• Amendments. WE MAY, FROM TIME TO TIME, MODIFY OUR PRIVACY POLICY AND WILL POST A COPY OF THE AMENDED PRIVACY POLICY ON THE WEBSITE, SO WE ENCOURAGE YOU TO REVIEW IT PERIODICALLY. If we make any substantial changes to the use of your personal information, we will notify you by sending a notice to the email address specified in your account or by posting a prominent notice on our pages. If you do not agree to the Privacy Policy as amended, you are not authorized to use the Website, the API, the Servers and the Services. If you wish to cancel your account because you do not agree with the Privacy Policy as amended, you may do so as described in the Section “Cancelation and Termination of Your Account” of the Terms of Services. You will be deemed to have accepted the Privacy Policy, as amended, if you continue to use the Website, the API, the Servers or the Services after any amendments are notified to you or posted on the Website.

1. Collection of Information
• WE COLLECT personal information (collectively, “Your Personal Information”):
• that you provide to us directly via the Website when you fulfill the registration form or provide us feedback or comment. The collection is limited to the following information: name and email address;
• Where’s it Up also collects the following usage information when using the Services, whether you are accessing or using the Website or the API as registered user or non-registered user (collectively, “Usage Information”):
• Where’s it Up’s cookie information (see below), your IP address, the date and time of your use of the Services, the URL of the resource you requested, the type of Internet browser and operating system (OS) you use, the URL of any other website that referred you to our Website, recently executed tests, payment history (when you paid and how much);
• We also track all information requested through the Where’s it Up API, as needed to satisfy the request.

We may also collect system information to diagnose and debug software issues. Usage Information may be linked with personal information contained in your account, so it may be regarded as personal information.

• Your credit card and/or other payment information is collected by our payment partners [Link to Section 1 “Third Party Payment Processors” of the Terms of Service.] Thus, the provision of personal information to them is subject to their privacy policies.
• WE DO NOT COLLECT ANY OTHER PERSONAL INFORMATION, PERIOD.
2. Use of the Information
• We use Your Personal Information to manage your account, send you information on our Services, offer you new features or new services, optimize the Services we provide to you and provide customer services.
• We may use Usage Information in aggregate for statistical purposes, e.g. showing the total traffic through one of our servers. We may use Usage Information to evaluate and improve the features and functionality of our Services.
3. Sharing and Disclosure
• IN NO CASE WILL WHERE’S IT UP SELL OR RENT YOUR PERSONAL INFORMATION TO THIRD PARTIES.
• Where’s it Up will only share Your Personal Information to the following:
• Service providers that facilitate our Services, provide any or all part of the Services on our behalf or help us improve the Services (for example, data storage including Usage Information storage, payment processing and maintenance service providers). These services providers have access to Your Personal Information only for purposes of performing these tasks on our behalf; and
• Law enforcement officials or governmental agencies or other legal authorities (i) in response to their request; (ii) when permitted or required by law; (iii) to establish our compliance with applicable laws, rules, regulations, or guidelines; (iv) or to establish, protect, or exercise our legal rights against legal claims or demands.

We may also share with third parties certain aggregated non-personal information about our users (such as the type of web browser they use) so as to optimize our Services.

In addition, if Where’s it Up merges with another company, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares, or in the event of bankruptcy, it is possible that Your Personal Information we possess may be sold, transferred or otherwise shared as part of that transaction. Also, Where’s it Up may decide to retain a copy of the information post transaction.

• You acknowledge that our service providers may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home province, state, country or other governmental jurisdiction.
4. Cookies
• Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive. Where’s it Up may set and access certain cookies on your computer for the following reasons:
• to facilitate your signing in on the Website so that we can provide you with customized content
• to keep track of preferences you specify while you are using our Services
• to provide general internal and user analytics
• to conduct research to improve the content of the Website and the Services
• to assist in identifying possible fraudulent activities

Service providers that facilitate our Services, including third party service providers that store Your Usage Information or the Website Usage Information, or that help us solicit feedback from users, may also set and access certain cookies on your computer.

If you configure your browser to reject cookies, you may not be able to use certain or all of our Services.

• Tracking Technologies. We use tools such as Clicky, a third-party tracking service, which uses cookies to track non-personally identifiable information about our visitors to our site in the aggregate to capture usage and volume statistics. We have no access to or control over these cookies. This privacy statement covers the use of cookies by Where’s it Up only and does not cover the use of cookies by any third-party.
5. Correcting or Updating Your Personal Information
• You should advise us if you believe that Your Personal Information is inaccurate.
• You have the right (i) to ask for Your Personal Information to be corrected or updated and (ii) to withdraw your consent to the use by Where’s it Up of Your Personal Information. To do so, please [update your account information or] contact us at [email protected]. As a result, you may not be able to use certain or all of our Services.
6. Security
• We restrict access to personal information to Where’s it Up employees and agents who need to know that information in order to operate, develop or improve our Services.
• We make commercially reasonable efforts to protect against the loss, misuse, and alteration of personal information under our control.
• To help protect the confidentiality of personal information, we endeavor to use appropriate security measures (including physical security measures) and our data networks operate with industry standard data protection systems. Nevertheless, such security measures cannot prevent all loss, misuse or alteration of personal information and we are not responsible for any damages or liabilities relating to any such incidents.
• Where’s it Up has taken commercially reasonable steps to ensure that its service providers protect the confidentiality and security of personal information, and to ensure that personal information is processed only for the purposes described in this Privacy Policy.
7. Limitation of Liability
• Risks Associated with the Internet or Wireless Data Transmission. Despite Where’s it Up’s best efforts to ensure third parties will not access or obtain Your Personal Information through the Website, complete confidentiality and security cannot currently be guaranteed on the Internet and / or where data is transferred via wireless digital technology of any type. Communication in this manner is subject to interception, loss, or alteration. You acknowledge and agree that Where’s it Up cannot be held responsible for any losses or damages whether pecuniary or otherwise resulting from the transmission of Your Personal Information in this manner and that such communications are at your own risk.
• Limitation of Liability. YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, AS WELL AS THE TERMS OF SERVICE FOR THE WEBSITE AND THE SERVICES (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS).
8. General
• Language. The parties hereto acknowledge having expressly required that this Privacy Policy be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que la présente Politique relative à la protection des renseignements personnels soit rédigée en anglais.
• Questions? If you have any questions regarding this Privacy Policy or, more generally, our privacy practices, or if you wish to examine or have deleted any of Your Personal Information, you may contact us at [email protected].