Privacy Policy

Your privacy is critically important to us. At Upbeat Labs, we have a few fundamental principles:

  • We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
  • We store personal information for only as long as we have a reason to keep it.
  • We aim to make it as simple as possible for you to control what information on the website is shared publicly (or kept private), indexed by search engines, and permanently deleted.
  • We help protect you from overreaching government demands for your personal information.
  • We aim for full transparency on how we gather, use, and share your personal information.

Below is our Privacy Policy, which incorporates and clarifies these core principles.

Who We Are and What This Policy Covers

Howdy! We at Upbeat Labs strive to bring you a multitude of delightful products in various areas in which we are interested – we feel strong interest on our part, combined with a razor focused passion for Customer Service allows us to bring you the best products that we can provide. We make Music Apps for iOS, as well as a range of products serving the Maker Community. This Privacy Policy applies to information that we collect about you when you use:

  • Our websites (upbeatlabs.com, );
  • Our mobile applications (including Talanome, Talanome Lite and My TalaVadyam Apps for iOS);
  • Our other Upbeat Labs products, services, and features that are available on or through our websites or other websites (such as Dr. Wattson Energy Monitoring Board and ProtoStax enclosures);

Throughout this Privacy Policy we’ll refer to our websites, mobile applications, and other products and services collectively as “Services.” Please note that this Privacy Policy does not apply to any of our products or services that have a separate privacy policy (for example, ProtoStax has its own privacy policy). Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.

Information We Collect

We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better. We collect information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.

Information You Provide to Us

It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:

  • User Account Information: We do not have any user accounts and therefore do not collect user account data.
  • Billing and Contact Information: If you buy something from us or pay fees, you will provide additional personal and payment information, such as your name, credit card information, and contact information.
  • Content Information: Depending on the Services you use, you may also provide us with information about you in content you publish. For example, if you decide to share a Tala or My TalaVadyam Percussion Sequence with other Community members, you have the option to provide your name and description of the content you are sharing, which we use to provide attribution to you, when you send us email to share your content – we will have that information; and so will anyone with access to the Internet if you choose to publish the content publicly. This might be obvious to you…but it’s not to everyone. You can choose to share the content anonymously, in which case we will share it on our website as an anonymous contribution. We will have your email address that you are sending that information from, along with the request to keep your contribution anonymous. We will respect both.
  • Communications with Us (Hi There!): You may also provide us information when you respond to surveys, communicate with us about a support question or to provide feedback, post a question in our public forums, post a comment on a blog post, or sign up for a newsletter. When you communicate with us via form, email, comment, or otherwise, we store a copy of our communications (as permitted by applicable law).

Information We Collect Automatically

We also collect some information automatically:

  • Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Products and Services.
  • Usage Information: We collect information about your usage of our Services but without any personal identifying information. We use this information to, for example, provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.
  • Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions. We do not collect information about your precise location via our mobile apps.
  • Stored Information: We do not access any information stored on your mobile device.
  • Information from Cookies & Other Technologies: A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails for tracking and analytics purposes. Upbeat Labs uses cookies and other technologies like pixel tags to help us identify and track visitors, usage, and access preferences for our Services, as well as track and understand email campaign effectiveness and to deliver targeted ads where appropriate.
  • Information we obtain from third parties: We may receive information about you from our analytic service providers with data they collect through our Services in accordance with their own privacy policies. A list of the third parties that operate in our Services can be found in the APPENDIX below.

How and Why We Use Information

Purposes for Using Information

We use information about you as mentioned above and for the purposes listed below:

  • To provide our Services–for example, to charge you for any of our paid Services (if we require such data to fulfill the order, such as on our website – App purchases are handled by Apple directly and we have no information in that instance), or provide newsletters and blog posts to you for your reading pleasure;
  • To further develop and improve our Services–for example by adding new features that we think our users will enjoy, and understanding usage patterns and improving existing services;
  • To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
  • To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition–for example, we may analyze how many purchased a paid plan after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
  • To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Upbeat Labs and others, which may result in us declining a transaction or the use of our Services;
  • To communicate with you. For example, we may email you to solicit your feedback, share tips for getting the most out of our products, or keep you up to date on Upbeat Labs; text, call or email you to verify your online payment or clarify a shipping request. If you don’t want to hear from us, you can opt out of marketing communications at any time. (Please keep in mind that even if you opt out, we’ll still send you important updates relating to your account).
  • To personalize your experience using our Services, provide content recommendations, target our marketing messages to groups of our users (for example, those who use a particular app or have been our user for a certain length of time), and serve relevant advertisements (in Apps only where appropriate – like My TalaVadyam for example, whose free version comes with Advertising banners).

Legal Bases for Collecting and Using Information

A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that: (1) The use is necessary in order to fulfill our commitments to you under the applicable terms of service or other agreements with you or is necessary to administer your account–for example, in order to enable access to our website on your device or charge you for a paid product or service; or (2) The use is necessary for compliance with a legal obligation; or (3) The use is necessary in order to protect your vital interests or those of another person; or (4) We have a legitimate interest in using your information — for example, to provide and update our Services; to improve our Services so that we can offer you an even better user experience; to safeguard our Services; to communicate with you; to measure, gauge, and improve the effectiveness of our advertising; to understand our user retention and attrition; to monitor and prevent any problems with our Services; and to personalize your experience; or (5) You have given us your consent–for example before we place certain cookies on your device and access and analyze them later on.

Sharing Information

How We Share Information

We do not sell our users’ private personal information. We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:

  • Employees, and Independent Contractors: We may disclose information about you to our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our employees and independent contractors to follow this Privacy Policy for personal information that we share with them.
  • Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information, payment providers you use for your ecommerce operations, fraud prevention services that allow us to analyze fraudulent payment transactions, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you, those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our Services (like analytics providers), who may need information about you in order to, for example, provide technical or other support services to you. We require vendors to agree to privacy commitments in order to share information with them.
  • Legal and Regulatory Requirements: We may disclose information about you in response to a subpoena, court order, or other governmental request.
  • To Protect Rights, Property, and Others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Upbeat Labs, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
  • Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that Upbeat Labs goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
  • With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so, such as the social media services that you connect to and share content with.
  • Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services and we may share a hashed version of your email address to facilitate customized ad campaigns on other platforms.
  • Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.

Information Shared Publicly

Information that you choose to make public is–you guessed it–disclosed publicly. That means, of course, that information like your public profile, posts, other content that you make public on your website, and your “Likes” and comments on other websites, are all available to others–and we hope you get a lot of views! For example, the photo that you upload to your public profile, or a default image if you haven’t uploaded one, is your Globally Recognized Avatar, or Gravatar–get it? :). Your Gravatar, along with other public profile information, will display with the comments and “Likes” that you make on our website or social media accounts while logged accounts. Public information may also be indexed by search engines or used by third parties. Please keep all of this in mind when deciding what you would like to share.

How Long We Keep Information

We generally discard information about you when we no longer need the information for the purposes for which we collect and use it–which are described in the section above on How and Why We Use Information–and we are not legally required to continue to keep it. For example, we keep the web server logs that record information about a visitor to one of Upbeat Labs’ websites, such as the visitor’s IP address, browser type, and operating system, for approximately 30 days. We retain the logs for this period of time in order to, among other things, analyze traffic to Upbeat Labs’ websites and investigate issues if something goes wrong on one of our websites. After the thirty days are up, the deleted content may remain on our backups and caches until purged.

Security

While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks.

Choices

You have several choices available when it comes to information about you:

  • Limit Access to Information on Your Mobile Device: Your mobile device operating system should provide you with the ability control the access to system resources and your data. However, we do not access any of your information on your mobile device anyway.
  • Opt-Out of Marketing Communications: You may opt out of receiving promotional communications from us. Just follow the instructions in those communications or let us know. If you opt out of promotional communications, we may still send you other communications, like those about your account and legal notices.
  • Set Your Browser to Reject Cookies: You can choose to set your browser to remove or reject browser cookies before using Upbeat Labs’ websites, with the drawback that certain features of Upbeat Labs’ websites may not function properly without the aid of cookies.
  • Delete Your App: While we’d be very sad to see you go, if you no longer want to use our Services 🙁 🙁 🙁 :(, you can delete your App. Please keep in mind that we may continue to retain your information after deleting your app, as described in How Long We Keep Information above–for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests. We don’t collect any personally identifiable information nor share them, apart from any information you share with us via communications, or posts/comments that you make in public.

Your Rights

If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:

  • Request access to your personal data;
  • Request correction or deletion of your personal data;
  • Object to our use and processing of your personal data;
  • Request that we limit our use and processing of your personal data; and
  • Request portability of your personal data.

You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to do that, or you would like to contact us about one of the other rights, scroll down to How to Reach Us to, well, find out how to reach us. EU individuals also have the right to make a complaint to a government supervisory authority.

How to Reach Us

If you have a question about this Privacy Policy, or you would like to contact us about any of the rights mentioned in the Your Rights section above, please contact us.

Other Things You Should Know (Keep Reading!)

Ads and Analytics Services Provided by Others

Ads appearing on any of our Services may be delivered by advertising networks. Other parties may also provide analytics services via our Services. These ad networks and analytics providers may set tracking technologies (like cookies) to collect information about your use of our Services and across other websites and online services. These technologies allow these third parties to recognize your device to compile information about you or others who use your device. This information allows us and other companies to, among other things, analyze and track usage, determine the popularity of certain content, and deliver advertisements that may be more targeted to your interests. Please note this Privacy Policy only covers the collection of information by Upbeat Labs and does not cover the collection of information by any third party advertisers or analytics providers.

Privacy Policy Changes

Although most changes are likely to be minor, Upbeat Labs may change its Privacy Policy from time to time. Upbeat Labs encourages visitors to frequently check this page for any changes to its Privacy Policy. If we make changes, we will notify you by revising the change log below, and, in some cases, we may provide additional notice (such as adding a statement to our homepage, or sending you a notification through email). Your further use of the Services after a change to our Privacy Policy will be subject to the updated policy.

Translation

Our Privacy Policy was originally written in English (US). We may translate it into other languages.

In the event of a conflict between a translated version of our Privacy Policy and the English version, the English version will control.

That’s it! Thanks for reading.

Appendix

Analytics and other service providers

We use the following 3rd party service providers for Analytics and other services. Please check their respective privacy policies below to know how your data is utilized and how you can manage it.

  • Firebase: Firebase is analytics service provided by Google Inc. (US) You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: http://www.google.com/intl/en/policies/privacy/Flurry Analytics
  • Flurry Analytics service is provided by Yahoo! Inc. (US) You can opt-out from Flurry Analytics service to prevent Flurry Analytics from using and sharing your information by visiting the Flurry’s Opt-out page: https://dev.flurry.com/secure/optOut.do Privacy Policy: https://policies.yahoo.com/us/en/yahoo/privacy/policy/index.htm
  • AWS Pinpoint is a service provided by Amazon Web Services for Push Notifications. https://aws.amazon.com/pinpoint/data-privacy-compliance-faq/
  • Google Analytics (Functional Cookies) Google Analytics is a service that tracks how you use our website. Google Analytics – Place of processing: USA – Privacy Policy – Opt-out

Acknowledgment

This privacy policy has been derived from Automattic’s Privacy Policy (and modified as appropriate) which they have so graciously shared with the world via a Creative Commons Sharealike License – thank you Automattic! Much Appreciated!

Change Log

Created – October 17th, 2019