Last edited on June 10, 2022
This Privacy Policy is effective for all visitors to the website maintained at www.lendzero.com (the “Website”) operated by Upperdeck Consulting LLC d/b/a Lendzero (“Upperdeck”, “us”, “we” or “our”). This Privacy Policy pertains to Website visitors (“Visitors” or “you”).
This Privacy Policy describes Upperdeck’s information handling practices when you access this Website as a Visitor. We have adopted this Privacy Policy to inform you of our information gathering practices and the ways in which we may use the information we receive. This Policy applies to all personal information submitted to us for use with or in connection with our Site. Your use of our Site is governed by our Terms of Service and this Privacy Policy. By using the Site, including providing your personal information to us on the Site, you consent to the collection, use, processing, and disclosure of that information in accordance with this Policy.
Please know that the Terms of Service contain a binding arbitration clause and class action waiver that impact your rights regarding resolving disputes that are not otherwise waived pursuant to the terms of your agreement with Upperdeck. If you live in the United States, such provisions are binding on you and Upperdeck. Please read the arbitration clause and class action waiver contained in the Terms of Use carefully. If you disagree or are uncomfortable with the Terms of Use, or this Privacy Policy, please discontinue your use of the Website, otherwise, you will have consented to arbitrate disputes with Upperdeck which arise under this Privacy Policy and the Terms of Use.
Business to Business: Upperdeck offers this Website and its services only to businesses and business owners. This Website is not intended for consumers.
Geographic Considerations: Upperdeck is based in the United States, and its services and resources are only available for merchants in the United States. This Website and our practices are evaluated and based on United States’ laws, rules and regulations.
Children's Privacy: This Website is not intended for persons under the age of 18 (or the age of majority in your state). Upperdeck does not knowingly receive or solicit data from children under 18 years of age (or the age of majority in your jurisdiction). By using the Website, you represent to Upperdeck, intending for Upperdeck to rely thereon, that you are at least 18 (or the age of majority in your jurisdiction). If Upperdeck learns that personal information is collected from someone who is less than 18 years, Upperdeck will take reasonable measures to promptly delete such data from its records. If you become aware of any data Upperdeck may have collected from children under age 18 (or the age of majority), please contact Upperdeck at legal@myupperdeck.com.
This policy describes and sets forth Upperdeck’s policies on the following topics:
By accessing this Website, you are agreeing to be bound by this Privacy Policy and the Terms of Service You may be asked to submit certain contact information so that we may include you in newsletters. Please only provide your business points of contact; do not submit any personal contact information. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue accessing this Website.
Upperdeck obtains the categories of personal information listed below from the following sources:
Personal Information. We gather Personal Information about you in order to respond to your requests and provide you with appropriate information about our services and resources. For purposes of this Policy, “Personal Information” means information by which you can be identified, including name, postal address, e-mail address, location IP address and telephone number. However, for purposes of this Website, we only collect limited information as noted above. We do not, through this Website, collect social security numbers, birthdates and/or other sensitive personal information. Should you then proceed with an application through our other site, at that time, you will be advised as to the information we collect, and we will ask you at that time to confirm your consent and agreement therewith.
We are a business-to-business service provider. While we use reasonable efforts to protect the information you provide to us, as discussed further below, we cannot guarantee your privacy. Accordingly, we ask that you not share with us personal information, and instead limit the information you share with us to your business contact information.
Personal Information is collected and used in the following ways:
Requests for Information: When you enter information into the “Contact Us”, to request general information about our services, you may be required to provide some or all of the following Personal Information: name, email address, company name and location, title, telephone contact information. Again, to minimize the information you share with us, we ask that you provide business points of contact, rather than personal (home) points of contact.
Contacting Us by Email: When you send us an email through the Site, you may be required to provide some or all of the following Personal Information: name, email address, company name and address, title, telephone contact information. Please provide business points of contact, rather than personal (home) points of contact.
We may use this information to respond to your requests, including retaining the information you provide, the content of your inquiry form or e-mail, our response, and any follow-up questions and further requests and inquiries you may have. We may also use information sent by e-mail for market research and to improve our services.
To update information on your contact information, please email us at support@myupperdeck.com
We may retain your information in order to better respond to further requests or inquiries we receive from you. The extent and type of Personal Information we collect depends on the information you provide to us, such as through our e-mail and/or through the inquiry forms on the Site.
You may choose not to provide us with any Personal Information, but please note that our Site does collect certain data automatically as described below.
Statistical Data - Information Upperdeck collects from you automatically through this portal on the Website:
Upperdeck receives and stores certain types of information automatically, such as whenever you interact with the Website. This information helps Upperdeck address support issues, improve the performance of the Website, and provide you with a more streamlined experience. This information is also used in Upperdeck’s fraud detection efforts. Information collected automatically includes:
For example, Upperdeck may automatically receive and record the following information on its server logs:
Upperdeck may also use identifiers to recognize you when you access the Website via an external link, such as a link appearing on a third-party site.
Upperdeck may transfer this information to third parties in case of a legal obligation or if a third-party processes data on behalf of Upperdeck. While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual or associated with any other information you may submit through the Site, or that we may store about you for any other purposes. We may use this information to generate aggregate statistics about visitors to our Site.
Data Anonymization and Data Aggregation
Anonymization is a data processing technique that removes or modifies personal information so that it cannot be associated and/or re-identified with a specific individual. Except for this section, none of the other provisions of this Privacy Policy applies to anonymized data.
Upperdeck may use anonymized data for any business purpose, including to better understand Visitors’ needs and behaviors, improve its products and services, conduct business intelligence and marketing, and detect security threats. Upperdeck may perform its own analytics on anonymized data or enable analytics provided by third parties.
Types of data Upperdeck may anonymize include transaction data, click-stream data, performance metrics, and fraud indicators.
If you request that your Personal Information be deleted in accordance with the policies set forth more fully below, your information may be anonymized or aggregated so that it can no longer be identified with you and/or your business.
Upperdeck’s primary purpose in collecting Personal Information from you is to contact you to provide you information about our services.
Upperdeck may use this information in the following ways:
i. To detect and prevent fraud
Upperdeck processes Personal Information in order to help detect, prevent, and mitigate fraud and abuse of its services and to endeavor to protect you from compromise or information loss.
ii. To provide communications
Upperdeck uses Personal Information to send information to you to keep you updated about our services and inform you of relevant updates.
iii. To provide customer service
Upperdeck processes Personal Information provided when you contact Upperdeck to address any questions or to troubleshoot problems.
iv. To monitor network and information security
Upperdeck processes Personal Information to enhance security, combat spam or other malware or security risks and to comply with applicable laws and regulations.
v. For research and development purposes
Upperdeck processes Personal Information to better understand the way you interact with the Website and to improve the content and layout of the Website, and to develop new services.
vii. To facilitate corporate acquisitions, mergers, or transactions – Onward Transfers
If Upperdeck is acquired, reorganizes or merges with another entity, Visitors’ information may be transferred to the surviving entity in that transaction.
viii. To engage in Limited Marketing Activities
Based on your communication preferences, Upperdeck may send you marketing communications (e.g. emails or mobile notifications) to inform you of new services. You can always opt out of receiving these materials by clicking on the opt out link in each such marketing communication you may receive.
ix. For Any Purpose for Which You Provide Your Consent
Upperdeck may disclose your Personal Information for any purpose for which you provide consent.
Upperdeck will not use your Personal Information for purposes other than those purposes disclosed in this Privacy Policy and the Terms of Use, at the time the information is collected without your permission. From time to time, and as required under the applicable law, Upperdeck may request your permission to allow it to share your contact information (including any personal information provided) with third parties.
Upperdeck does not sell personal information.
We will share your Personal Information with some of our business partners and service providers who perform services for us. Service Providers who help to operate this Site only have permission from us to use your information solely in relation to our Site operation:
Third parties may be engaged by us to perform a variety of services and functions including providing technical and hosting services for our Site. These third parties may have access to your Personal Information if necessary to perform such services and functions; however, they are only authorized to use such Personal Information for the purpose of performing such services and functions and are not authorized by us to use your information for any other purpose.
i. Disclosure By Law:
You acknowledge and agree that Upperdeck may disclose information you provide if Upperdeck, in its sole discretion, believes that disclosure is reasonable and necessary to (1) comply with the law, requests or orders from law enforcement, or any legal process, (2) protect or defend Upperdeck’s rights or property, and (3) to enforce its Terms of Use and this Privacy Policy.
ii. Service Providers
Upperdeck contracts with its service providers which help it to maintain and operate the Site, requiring those service providers to only use your information in connection with the services they perform for Upperdeck, and prohibit them from selling your information to anyone for any purpose.
Examples of the types of service providers Upperdeck may share personal information with (other than those mentioned above) include:
iii. Other Companies – Onward Transfers
With companies or other entities that Upperdeck may be under discussions with for a potential merger or corporate acquisition. You will receive prior notice of any change in applicable policies and may elect to terminate your account.
By accepting Upperdeck’s Terms of Use and this Privacy Policy, you thereby expressly consent to any the disclosure and/or transfer of your information as described in this Privacy Policy, the Terms, and the Website, intending Upperdeck to rely thereon.
Third Party Links. The Site contains links to other websites and resources that are maintained by third parties (other than the Upperdeck main website). These third parties (other than the Upperdeck main page) are solely responsible for their own websites and Upperdeck encourages you to reach out to such third parties for copies of and information regarding their security practices. Upperdeck does not control, and is not responsible for, the privacy and security practices of these third parties other than Upperdeck’s main website.
Please note that third parties you interact with may have their own privacy policies, and Upperdeck is not responsible for their operations. Information disclosed by third parties is governed by their privacy practices.
If you are interested in learning more about our services, you can visit our other site at [insert link]. Before you provide any information through that site, please review the applicable privacy policy and terms of use.
You may update your information at any time by contacting Upperdeck’s support team at 888-270-6011 or support@myupperdeck.com
Deletion: You may request deletion of your information. We may, however, be required to maintain certain information by law. In these cases, your information will not be used for any purpose (other than a regulatory audit or a law enforcement request) and will be deleted in accordance with applicable data destruction laws or Upperdeck’s data destruction policies.
Upperdeck will only retain your Personal Information for as long as necessary to fulfill the purposes for which it was collecting it. While retention requirements vary by jurisdiction, information about Upperdeck typical retention periods for different aspects of your personal information are described below.
This Website is only for informational purposes. As a Visitor, when you provide contact information to Upperdeck in the context of your requesting additional information about Upperdeck’s services, we request that it be business contact information. If you provide personal information instead, this does not make this a consumer transaction. While Upperdeck uses reasonable measures to secure any personal information disclosed to Upperdeck, privacy rights associated with a consumer transaction, as a general matter, do not apply to this Website.
Nevertheless, where doing so does not interfere with, or impede Upperdeck delivery of the Website, or compliance with applicable laws, Upperdeck will endeavor to comply with your requests.
Further, your rights to Personal Information are not absolute. Depending upon the applicable law, access may be denied: (a) when denial of access is required or authorized by law; (b) If you are a resident of a state that does not provide for this right; (c) when granting access would have a negative impact on another’s privacy; (d) to protect Upperdeck rights and properties; or (e) where the request is frivolous or vexatious, or for other reasons.
[vii. How to make a privacy request
You can make privacy rights requests relating to your Personal information by contacting Upperdeck at legal@myupperdeck.com or by contacting customer service at 888-270-6011. When Upperdeck receives an individual rights request via other intake methods, Upperdeck may, or where required by law, will take steps to verify your identity before complying with the request to protect your privacy and security.
viii. How to lodge a complaint
If you believe that Upperdeck has infringed your rights, please contact Upperdeck at legal@myupperdeck.com.
This is a business-to-business service, and collection of your personal information is in the context of, and in support of a business transaction, not a consumer transaction. As such, this transaction, and your rights are not governed by consumer privacy laws to the fullest extent allowed in your jurisdiction.
Nevertheless, Upperdeck will accommodate reasonable requests where possible and not excessive.
Upperdeck has implemented technological, administrative and operational controls in addition to measures intended to protect information collected through this Website from loss, misuse, unauthorized access, exfiltration and/or alteration. In all cases, Upperdeck will exercise reasonable care to endeavor to provide secure transmission of information between your computer and Upperdeck servers but given that no information transmitted over the Internet can be guaranteed 100% secure, Upperdeck cannot guarantee or warrant the security of any information transmitted to Upperdeck over the Internet; and hence, to the fullest extent allowed by law, Upperdeck accepts no liability for any unintentional disclosure. For further information, please see Upperdeck’s Terms of Service You must carefully consider what information you share with us, as we cannot guarantee that we will be able to block all attempted attacks to the security of our Site.
ALTHOUGH WE USE REASONABLE SECURITY PRECAUTIONS WITH RESPECT TO THE LIMITED PERSONAL INFORMATION WE MAY COLLECT THROUGH THIS SITE, WE CANNOT GUARANTEE THAT ANY OF YOUR PERSONAL INFORMATION STORED ON OUR SERVERS WILL BE FREE FROM UNAUTHORIZED ACCESS. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM AND SHALL HAVE NO LIABILITY FOR ANY LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY OF YOUR PERSONAL INFORMATION BEING STORED ON OUR SERVERS WHEN YOU ACCESS OUR SITE.
You may choose to stop receiving marketing emails by following the unsubscribe instruction included in these emails or you can contact Upperdeck at optout@myupperdeck.com
Certain federal and state regulations require that Upperdeck maintain a record of your information for certain periods of time. Due to these regulations, Upperdeck may be unable to completely delete your information from its database until the time requirements of these regulations have expired.
Upperdeck may modify or update this Privacy Policy from time to time which will be indicated by changing the date at the top of this page. If Upperdeck makes any material changes, Upperdeck will notify you by means of a notice on the Website or as otherwise required by law.
Upperdeck encourages you to periodically review this page for the latest information on this Privacy Policy. When Upperdeck makes changes to this Privacy Policy, Upperdeck will revise the revision date at the top of the Privacy Policy.
You can contact Upperdeck about this Privacy Policy by writing or email Upperdeck at the address below:
Upperdeck Consulting, LLC
607 Boylston Street, Suite #196
Boston, MA 02116
888-270-6011
legal@myupperdeck.com
