Privacy Policy

Effective date: 08.03.2024

Upgate Ltd is the publisher and operator (referred to as the "Company", "we", "our website" or "us"). We recognise your privacy and have adopted this policy which is compliant with the Personal Data Protection Act 2012 (No. 26 of 2012) ("PDPA") and the European Union General Data Protection Regulation ("GDPR") to reflect our commitment to respecting and protecting your privacy and personal data.

This privacy policy:

  • provides an overview of how the Company collects and processes your personal data and tells you about your rights under the applicable privacy regulation;
  • is directed to individuals who are: (a) visitors of our Website (referred to in this privacy policy as "Browsers", "Users") ;Browsers and Users must be aged eighteen years (18) and over in order to be able to use our website. All persons who do not meet these criteria are strictly forbidden from accessing, viewing the contents of our website. We do not knowingly seek or collect any personal information from persons who have not attained the age of eighteen (18).
  • is directed to natural persons.

For the purposes of this privacy policy:

"You" means any adult user of the Site or Services, using the Site on behalf of an entity, individual or yourself or any parent or guardian of any minor whom you allow using the Site (as defined below) or Services, and for whom you will be held strictly responsible.

  • When we refer to "personal data" or "personal information" we mean data which identifies or may identify you and which may include, for instance, your email or IP address;
  • When we refer to "processing" we mean the handling of your personal data by us, including collecting, protecting and storing your personal data; and
  • When we refer to "sensitive data" we mean personal data which may reveal information about racial or ethnic origin, political opinions, religious beliefs, trade union activities, physical or mental health, sexual life, genetic or biometric data.

1. Who we are

Upgate Ltd is a private company limited by shares, with company registration number HE HE421239, of 334 Agiou Andreou, Vashiotis Ag. Andreou Business Center, 2nd floor, 3035, Limassol, Cyprus.

If you have any questions, comments and/or requests regarding this privacy policy or wish to obtain more details in relation to the personal data we process about you, please contact us by sending an email to info@upgate.com

2. Why we collect you personal data

We process your personal data for the purposes of developing and upgrading our products and Services, for analytics and usage analysis, security, record keeping and the general protection of our legal rights.

3. How we collect your personal data

We obtain your personal data mainly through any information you provide directly to us through our website. Sometimes your personal data can also be shared with us, from third parties. Below is a list of ways we collect your personal data:

  • when you visit and/or use our website
  • when you contact us through the Site

If you contact us for questions or complaints, we will collect the information related to your inquiry.

4. If you fail to provide personal data

Where we need to collect and process your personal data in order to assist you with an issue occurring on our site and you fail to provide that data when requested, we may not be able to properly accommodate your request.

5. Personal data that we collect and process

We will collect different categories of personal data from you depending on your level of interaction with Upgate Ltd. We will limit the collection and processing of information to information necessary to achieve one or more of our legitimate purposes as identified in this privacy policy.

5.1 Personal data we collect and process from Browsers;

  • Technical Data, including your Internet Protocol (IP) address and associated country, your browser type and version, time zone setting and location, smart device information, mobile phone network information, operating system and platform and other technology on the devices you use to access our website;
  • Cookies including web beacons. For more information on the cookies we collect, please visit our Cookies Policy.
  • Usage Data, including your communication preferences and information about how you use our website including the services you viewed or searched for, page response times, download errors, length and number of visits and page interaction information (such as scrolling, clicks and mouse-overs) as well as the links you clicked on or used. To learn more about our use of cookies or similar technology, please check our Cookies Policy;
  • User Submitted Data, including data collected for a specific function, for instance a contest or a survey;
  • Communications and correspondence, including any correspondence between you and us and any other communication between you and anyone else on the Upgate Ltd, including customer service requests, emails;
  • Consents, including any permissions, consents or preferences that you give to the Upgate Ltd.

5.2 Personal data we may collect and process from Users if provided;

  • All personal data we collect from Browsers, set out in paragraph 4(a) above;
  • Contact Data, including username or similar identifier, full name and email address.
  • Usage Data, of the activities on our Website;
  • User Submitted Data, including data collected at your discretion for a specific function, for instance your feedback and survey responses, or any text,
  • Marketing Data, including preferences in receiving marketing from us, our affiliates and third-parties.

We may also collect, use and share aggregated data such as statistical or demographic data for the purpose of customizing our marketing efforts or the use of our Website Aggregated data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity.

6. Sensitive data

Currently we do not process sensitive data.

7. Automated personal data collection

As you navigate through and interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect these data by using cookies and other similar technologies. We may also use these technologies to collect information about your online activities across third-party websites. Please see our Cookies Policy.

8. Why we need your personal data and how we use it

We will only use and share your information where it is necessary, so we can provide you with our lawful services in accordance with this privacy policy. We would like to ensure that you fully understand why your information may be used. We will only use your personal data when the applicable local law allows us to.

8.1 We will most commonly use your personal data in the following circumstances: 8.1.1 where we need to perform our services to you, as necessary in accordance with our our services 8.1.2 where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; 8.1.3 where we need to comply with a legal or regulatory obligation; and/or 8.1.4 where you have given us your consent.

Below, we describe these circumstances in further detail:

8.2 Performance of our services to you 8.2.1 Provision of services We may collect and process your personal data where it is necessary in order to provide to assist you with an inquiry; Where we need to collect and process your personal data in order to assist you with an issue occurring on our site and you fail to provide that data when requested, we may not be able to properly accommodate your request. 8.2.2 Customer management (Users Only) We may collect and process your personal data where it is necessary in order to provide you with our services,customer support and inform you about any notices about changes to the website/application or any products or services we offer or provide through it.

8.3 Legitimate interests 8.3.1 Customization of content We may collect and process your personal data where it is necessary in order to perform research and analysis about your use or, or interest in, Upgate Ltd content and/or services, so as to develop and display content and advertising tailored to your interests. 8.3.2 Analytics We may collect and process your personal data where it is necessary in order to determine whether users of the website are unique, or whether the same user is using the website on multiple occasions, and to monitor aggregate metrics such as total number of visitors, pages viewed and demographic patterns.8.3.3 Functionality and security We may collect and process your personal data where it is necessary to diagnose or fix technology problems, and to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement.

8.4 Other legitimate interests

In addition to the above, we may process your data, to the extent required for our business needs in order to: 8.4.1 develop new services on our website as well as analyze and target new markets; 8.4.2 protect our legal rights and interests (including legal claims and preparing our defense in litigation); 8.4.3 monitor, maintain and improve internal business processes, information and data, technology and communication solutions and services; 8.4.4 ensure network information security, including monitoring Browsers' and user's' access to our information technology for the purpose of preventing cyber-attacks, unauthorized use of our Website and prevention or detection of crime; 8.4.5 send you relevant marketing information (including details of other services provided by us which we believe may be of interest to you), 8.4.6 monitor the performance and effectiveness of our site; 8.4.7 assess the quality of our customer services.

8.5 For compliance with legal obligations

When you visit our website (and throughout your relationship with us), we are required to comply with certain legal and regulatory obligations which may involve the processing of your personal data. This may include processing to: 8.5.1 perform checks and comply with local and European laws;8.5.2 identify other infringements of our Policies,8.5.3 manage contentious regulatory matters, investigations and litigation.

8.6 You have provided your consent 8.6.1 We will ask for your consent when we wish to provide marketing information to you in relation to our services which we believe may be of interest and of benefit to you.8.6.2 You have the right to revoke your consent at any time. However, any processing of personal data prior to the receipt of your revocation will not be affected.

9. Who we share your personal data with

It is our policy not to use or share personal data about you in ways unrelated to those described in this privacy policy without also providing you with an opportunity to opt out or otherwise object to such unrelated uses. However, we may disclose personal data about you, or information regarding your use of our website to third parties for any of the reasons set out hereinabove, or if we are legally required to do so, or if we are authorized under our contractual and statutory obligations. When we disclose your personal data to service providers, we will ensure that they are bound by a contract requiring them to comply with their GDPR and PDPA obligations. Under the circumstances referred to above, recipients of personal data may be, for example: 9.1 governmental and regulatory bodies, including law enforcement authorities, in connection with enquiries, proceedings or investigations by such parties or in order to enable the Company to comply with its legal and regulatory requirements. We specifically reserve the right to disclose any and all information to law enforcement in the event that a crime is committed or suspected or if we are compelled to do so by lawful criminal, civil or administrative process, discovery requests, subpoenas, court orders or writs, to enforce applicable terms of use, including investigation of potential violations thereof, to detect, prevent or otherwise address security or technical issues, protect against harm to the rights, property or safety of our company, our users, our employees, or others; or to maintain and protect the security and integrity of Upgate Ltd or infrastructure. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.9.2 buyers or other legal successors in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred. Should such a sale or transfer occur, we will use reasonable efforts to ensure that the entity to which we transfer your personal data uses it in an manner that is consistent with this privacy policy; and/or9.3 legal or other professional consultants.

We may also disclose aggregated information about our users, and information that does not identify any individual, without restriction. We also may share aggregated information with thirdparties for conducting general business analysis. This information does not contain any personal data and may be used to develop content and services that we hope you and other users will find of interest and to target content and advertising.

Please note that we have never sold and will never sell your personal data to third parties.

10. User's Data

Users should be aware that all information directly provided on our website is processed by us.

11. Security of your personal data

We take appropriate security measures (including physical, electronic and procedural measures) to safeguard your personal data from unauthorized access and disclosure. For instance, only authorized employees are permitted to access personal data, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your personal data between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal data. However, please be advised that we cannot fully eliminate security risks associated with the storage and transmission of personal data as we cannot guarantee that our security measures will prevent third-party hackers from illegally obtaining this information.

12. Marketing information

We may process your personal data so as to inform you about existing and/or future services that may be of interest to you by sending you periodic announcements with details on existing and/or new services and/or programs.

You have the right to object at any time to the processing of your personal data for marketing purposes, by sending us an email at info@upgate.com

We can only use your personal data to promote our services to you if we have your explicit consent to do so, or in certain cases such as for example, if we consider that it is in our legitimate interest to do so. You may also occasionally receive marketing communications from our affiliates, but only provided you have given your explicit consent in receiving such communications.

Even if you inform us that you no longer wish to receive marketing material, you will still receive from us system notices and other information specifically related to your account from time to time.

13. How long we keep your personal data for

We will only keep your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Where we no longer need to process your personal data for purposes set out in this privacy policy, we will delete your personal data from our systems. However, we may keep your data for longer if we cannot delete it for legal, regulatory or technical reasons. If we do, we will make sure that your privacy is protected and that your data are only used for those purposes. The period for which we keep your personal information that is necessary for compliance and legal enforcement purposes varies and depends on the nature of our legal obligations and claims in the individual case.

Where permissible, we will also delete your personal data upon your request. Information on how to make a deletion request can be found under the paragraph "Your data protection rights" below.

If you have questions about our data retention practices, please contact us electronically by sending an email at info@upgate.com

14. Your data protection rights

Pursuant to the applicable privacy regulation, you have certain rights regarding the personal data we collect, use or disclose and that is related to you. We want to make sure you are aware of your rights in relation to the personal data we process about you. We have described those rights and the circumstances in which they apply further below.

14.1 Right to Access: This enables you to get access or receive a copy of the personal data that we hold about you and to check that we are lawfully processing it.

14. 2 Right to Data Rectification and Correction: If you believe that any of the information that we hold about you is inaccurate or incomplete, you have a right to request that we correct the inaccurate personal information.

14.3 Right to be Forgotten / Erasure: You may request that we delete your personal information if you believe that:14.3.1 we no longer need to process your information for the purposes for which it was provided;14.3.2 we have requested your permission to process your personal information and you wish to withdraw your consent; or14.3.3 We are not using your information in a lawful manner.

14.4 Right to object: You have the right to object to processing of your personal data where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground. If you exercise your right to object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedom or for the establishment, exercise and defense of legal claims. You also have the right to object where we are processing your personal data for direct marketing purposes. This also includes profiling as much as it is related to direct marketing. If you object to processing for direct marketing purposes, then we shall stop the processing of your personal data for such purposes. Depending on the circumstances, we may need to restrict or cease processing your personal data altogether or, where requested, delete your personal data. Please note that if you object to us processing your personal data, we may have to suspend the services we provide to you.

14.5 Right to Restriction of Processing: You have the right to request the restriction of processing of your personal data. This enables you to ask us to restrict the processing of your personal data if: 14.5.1 it is not accurate; or14.5.2 it has been used unlawfully but you do not want us to delete it; or14.5.3 it is not relevant any more, but you want us to keep it for use in possible legal claims; or14.5.4 You have already asked us to stop using your personal data but you are waiting for us to confirm if we have legitimate grounds to use your personal data.

Please note that if you request us to restrict processing of your personal data, we may have to suspend the services we provide to you.

14.6 Right to data portability: Where we have requested your permission to process your personal data or you have provided us with information for the purposes of entering into a contract with us, you have the right to receive the personal data you provided to us in a portable format. You may also request us to provide it directly to a third party, if technically feasible. We are not responsible for any such third party's use of your account information, which will be governed by their agreement with you and any privacy statement they provided to you.

If we ask for your consent to use your personal data, you can withdraw your consent at any time. Please note that in case of a withdrawal of your consent you may no longer be able to use several functionalities of our website.

Please note that some requests to delete certain personal data will require the deletion of your account as a User as the provision of User accounts is inextricably linked to the use of certain personal data (e.g. your email address). Also note that it is possible that we require additional information from you in order to verify your authorization to make the request and to honor your request.

To exercise any of your rights, or if you have any other questions about our use of your personal data, please contact us electronically by sending us an email at info@upgate.com

We endeavor to address all your requests promptly.

15. How to access or modify your personal data

We remain dedicated to the protection of your data and we want to be clear about the type of information collected, helping you make choices about your privacy. You may:15.1 block cookies, including cookies associated with our services, by activating or deactivating the related cookies on your browser. Please note, however, that if you choose to disable all cookies (including essential cookies) you may not be able to access all or part of Upgate Ltd. Please see our …Cookies Policy for more information.

16. Choices About How We Collect, Use and Disclose Your Personal Information

We strive to provide you with choices regarding the personal information you provide to us. You can choose not to provide us with certain personal information, but that may result in you being unable to use Upgate Ltd, because such information may be required in order for you to purchase a digital gift card.

17. DPO and Our communication with you

If you have any questions about this privacy policy or our information-handling practices, please contact us electronically at info@upgate.com

18. Right to complain

If you wish to lodge a complaint about how your personal data is used by the Company, you may contact us electronically at the email address info@upgate.com

Upon receipt of your complaint, we will investigate it and respond to you within a reasonable time.

We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the collection, use and disclosure of personal data that cannot be resolved by an individual and us.

You also have the right to complain to the data protection supervisory authority of the country in which you reside, provided that such country is a Member State of the European Union or is located within the EEA.

19. Our policy towards minors

Upgate Ltd is not directed to individuals under the age of eighteen (18) and we do not knowingly collect personal data from minors under the age of eighteen.

20. Third-party links

Upgate Ltd may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements or representations about their accuracy, content or thoroughness. When you leave our website, we encourage you to read the privacy policy of every website/application you visit.

21. California Consumer Privacy Act Notice

As of January 1, 2020, the California Consumer Privacy Act of 2018 ("CCPA") provides California residents ("Consumer(s)") certain rights with respect to their personal information, as this term is defined under the CCPA. In addition to the rights we state under this policy and subject to the exceptions found under the CCPA, Consumers have the right to:

Opt-out of the sale of their personal information, should we sell their personal information; Be informed of certain information concerning our collection and use of their personal information;

Request that we delete certain personal information we collected from them;

Appoint an agent to exercise their rights provided for by the CCPA, provided that a duly executed notarized power of attorney is presented and provided that the agent has information deemed sufficient to allow us to verify the identity of the Consumer in question and to locate his/her information in our systems;

Not be subjected to discrimination for the exercise of these rights. We will not deny California residents the use of our service, nor will we provide a different level or quality or services for exercising any of their CCPA rights, unless as permitted under the CCPA.

Upgate Ltd does not sell nor has it sold in the past 12 months personal information to third parties for monetary or other valuable considerations. We may however disclose certain personal information with third parties, service providers and entities within our corporate group in order to enable them to perform certain services on our behalf and namely to make the Upgate Ltd operate.

Regardless, we respect the California residents' right to exclude personal information from such sharing arrangements and to thereby opt-out of any future sale of their personal information. If the CCPA is applicable to you and you would like to record such preference, please send us an email at info@upgate.com

22. Changes to this privacy policy

We reserve the right to update, revise, amend and/or modify this privacy policy at any time in order to reflect any changes to the way in which we process your personal data or changing legal requirements.

23. Cookies

As we have briefly mentioned in this privacy policy, Upgate LTD uses small files known as cookies to make it work better in order to improve your experience.

To find out more about how we use cookies, please see our Cookies Policy.

24. No Error Free Performance

We do not guarantee error-free performance under this privacy policy. We will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy. We shall not be liable for any incidental, consequential or punitive damages relating to this privacy policy.