Privacy policy
Last Updated: October 20, 2023
air up, Inc, (hereinafter referred to as “air up” “us,” “we,” “our,” or “Company”) has created this Privacy Policy to disclose how we collect, use, disclose, and protect information about you, as well as to inform you of privacy rights you may have and how to exercise them. air up is committed to protecting the privacy and security of your information. This Privacy Policy applies to anyone who interacts with air up through our offices, our applications and website(s) (“Website”), products, and services (collectively, our “Services”).
Please read this policy carefully to understand our privacy and data practices. By accessing or using our Services, you consent to the use of information that is collected, submitted, used, or disclosed as described in this Privacy Policy and to the updates posted here from time to time.
Privacy Policy Scope
This Privacy Policy applies to the personal information of users of our Services except as described below.
This Privacy Policy does not address information collected by or provided in connection with an individual’s current or former employment or independent contractor arrangement with air up. If you are an air up employee, independent contractor, or applicant for employment, please contact your P&C Business Partner for information about how air up collects, uses, processes, discloses, shares, and retains employment information not covered by this Policy. Note that employees and applicants who reside in California have the same rights as those listed in the Privacy Information for California Residents section below.
This Privacy Policy does not apply to the practices of third parties that we do not own or control, including third-party websites that you may access from our Website. We have no control over or responsibility regarding the information collected from you by others, such as third-party websites. Please review the privacy policies of any third-party websites for information on how those entities collect and use your information.
Children’s Privacy
All of our Services, including our Website, are intended for adult audiences, and are not directed to or meant for individuals under the age of sixteen (16) (“Children”). We do not knowingly collect personal information from anyone under the age of sixteen (16), and Children under sixteen (16) may not use our Website or any of our Services. If you are under sixteen (16), do not attempt to register for or use any of our Services, including our Website, and do not provide us any personal information about yourself.
If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and provided us with personal information, please contact us. If we become aware that we have collected personal information from Children without verification of parental consent, we will take steps to delete that information.
Types of Personal Information We Collect
Personal information means any information that identifies, relates to, describes, or could be reasonably associated or linked with a particular person or household. It includes information that may be associated with you, such as your usage data, location, preferences, or interests, if that information can be used to identify you or your household. The types of personal information we collect about you depend on your interactions with us and are described in more detail below.
air up collects the following types of information from users of our Services:
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Category |
Information We May Collect |
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Individual Identifiers |
Your name, username, date of birth, and contact information such as mailing address, telephone number, and email address. |
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Payment and Transactional Information |
Your payment and transactional information including debit and credit card numbers for Services purchased. We use third party payment processors to facilitate your payments and do not store your payment information. |
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Usage and Technical Information |
Information about how you use our Website or Services, which may include: IP addresses; Website pages viewed and the duration, browser, or operating system information; internet connection; mobile device type; traffic data; geolocation data; system settings; and aggregate and/or deidentified data related to your interaction with our Website. This assists us with keeping track of preferences, creating a more tailored user experience, and better serving users’ particular interests and needs. |
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Commercial Information |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
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Communications with Us, Preferences, and Other Information you Provide to Us |
Any messages (including via online chat feature), opinions, and feedback that you provide to us, your user preferences (such as in receiving updates or marketing information), and other information that you share with us when you contact us directly (such as for customer support services). |
Sensitive Personal Information
Certain categories of personal information are treated as particularly private by applicable laws (collectively, “sensitive personal information”). We do not use or collect the following categories of sensitive personal information from you: biometric information; precise geolocation information; driver's license number; passport number; social security number; sensory data; and/or information about racial or ethnic origin, gender, religious beliefs, sex life or sexual orientation, citizenship, or labor union membership. Under limited circumstances, in the course of providing customer service to you, we may collect or receive health information to the extent you voluntarily provide this information to us. We collect, use, and/or disclose sensitive personal information only for purposes of performing the core services of our business (identified in California Civil Code section 1798.121, subdivision (a)). We do not use sensitive personal information to infer characteristics or build a profile about you.
How We Collect Information
We collect personal information and create and maintain records about individuals for our legitimate business purposes and in relation to the Services we provide to you.
- Personal Information You Provide to Us. We collect information that you decide to share with us including your opinions, feedback, preferences, and other information you choose to provide to us. For example, we collect personal information directly from you when you subscribe to receive marketing materials from us, create an account, make purchases, take a survey, or sign up for a promotion. We collect your feedback about our products or services. We may collect personal information in connection with the use of certain features of our Services that may be offered from time to time, in order to utilize those features.
- Personal Information We Collect Automatically. We automatically collect certain personal information about your equipment, browsing actions, and patterns when you access and use our Services, including the Usage and Technical Information listed above. This may include information about your visits to our Website, and information regarding your computer and internet connection, such as your IP address, operating system, browser type, and your online activities. The information we collect automatically helps us to improve our Website and to deliver a better and more personalized service.
- Personal Information We Collect from Other Sources. We may collect personal information about you from other sources such as business partners, advertisers, and analytics providers. These third parties may use cookies and/or other tracking technologies to collect information about you on our Website. For example, we may collect personal information through third party analytics and marketing tools, such as Google Analytics and Meta Pixel, to help us track, segment, and analyze usage of our Website, and to help us serve more targeted advertising to you.
By associating an account managed by a third party with your air up account, and authorizing air up to have access to this information, you agree that air up may collect, store, and use this information in accordance with this Privacy Policy.
Cookies and Other Tracking Technologies
The Website uses cookies to track which areas of our Website are used the most and to help us make our Website more informative and user-friendly, and other purposes as described in this Policy. Our Website uses the following types of technologies:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclosure Your Information.
- Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Third-Party Cookies and Other Tracking Technologies
Some content on the Website, such as advertisements, is served by third party partners of air up, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies, web beacons, pixel tags, log files, or other technologies to track your online activity and to collect information about you and your use of our Website. They may also combine information they collect on the Website with information they collect from other sources, including your online activities over time and across different websites and other online services. This information may be used to provide you with interest-based or behavioral advertising or other targeted content.
We do not control these third parties' tracking technologies. If you have any questions about an advertisement or other targeted content, you should contact the provider directly. For information about how you can opt out of receiving targeted advertising from certain providers, see Choices About How We Use and Disclosure Your Information.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
- Facilitate your use of the Services;
- Present our Website and its contents to you;
- Provide you with information, products, or services that you request from us, or that might be of interest to you;
- Provide you with notices about your account, including expiration and renewal notices;
- Confirm your eligibility to use the Services;
- Fulfill your requests and provide support;
- Facilitate your movement through the Services;
- Send you communications such as administrative e-mails, promotional e-mails, answers to your questions, and updates about the Services;
- Improve the Website’s content, features, and Services;
- Improve or develop new air up Services and marketing efforts;
- Monitor and analyze user behavior and activity on or through the Website in order to keep the Website secure and personalize your user experience;
- Protect or enforce air up’s rights and properties;
- Protect or enforce the rights and properties of others;
- Comply with applicable laws, in response to a lawful and enforceable request by a law enforcement, judicial, or other public authority, or in connection with an applicable legal obligation; and/or
- For other purposes, where you have given air up your consent and permission to do so.
Please see Choices About How We Use and Disclosure Your Information.
How We Disclose Your Information
We may disclose your personal information to service providers or third parties to help provide our Services to you. Generally, we may disclose your information for the following purposes:
- To facilitate and improve the quality and marketing of our Services;
- To protect our users and network against fraud and security threats;
- To comply with a legal obligation;
- To protect and defend our rights or property;
- To prevent or investigate possible wrongdoing in connection with the Services;
- To protect the personal safety of individuals or the public;
- To protect against legal liability; and/or
- When there is a good faith belief that such action is necessary to investigate or protect against harmful activities to our guests, visitors, associates, or property (including the Website), or to others. This may include disclosures to law enforcement to investigate potential criminal activity or other civil violations.
We may disclose your information to the following types of entities and third parties:
- Service Providers: air up may engage fulfillment companies, contractors, service providers, individuals, and agents to facilitate and help us provide our Services. Such service providers perform tasks, services, or functions on our behalf, or assist us in analyzing how our Services are used or delivered. Service providers may assist us with marketing, shipping, delivery, web hosting or development, technical support, and other support services. Any such companies must agree to maintain the confidentiality of any personal information we may provide to them and are contractually obligated not to disclose or use it for any other purpose. Such companies may also collect personal information directly from you in connection with providing their services, and they will have the right to provide that personal information to us. Such other companies may not use your private or personal information for purposes other than providing services through or on behalf of air up.
- Subsidiaries and Affiliates. We may disclose your information to other entities in the air up family.
- Analytics Providers. We use third party analytics providers to assist us in collecting and understanding website usage information. We use information from these services to help us improve our Website and the Services we provide to our users. Your personal information may be collected by us and disclosed to these analytics providers or collected automatically by the third party on our Website. California law treats certain such disclosures as “sales” or “sharing” even if no money is exchanged.
- Marketing Providers. We use third parties to assist us in our marketing and advertising efforts. For instance, we may provide information to third parties to help us evaluate and measure the use and performance of our Services, to market our Services to interested audiences and to facilitate online and email marketing campaigns. These third parties are granted access to your information to perform these tasks on our behalf but may also use your information to serve you targeted ads across other websites and applications.
- Buyers or other Successors: In the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of air up’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by air up about our Website users is among the assets transferred.
- Law Enforcement or Other Lawful Authority: We may from time to time be required to provide information to law enforcement or other governmental authorities pursuant to a warrant, court order, or other lawful process.
Over the last twelve (12) months, we may have disclosed for one of the business purposes listed above the following categories of personal information:
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Category of Information |
Examples of Data Types Disclosed |
Categories of Recipients |
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Identifying Information |
Name, mailing address, email address, telephone number, and date of birth. |
Our service providers, subsidiaries and affiliates, analytics and marketing service providers, and government entities (only where required by law). |
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Payment Information |
Your name and billing totals for payment and invoice processing. Note that we use third party payment processors to facilitate your payments and do not store your payment card information. |
Our service providers, and government entities (where required by law). |
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Communications with Us, Preferences, and Other Information you Provide to Us |
Messages, feedback, and other communications you provide directly to us. |
Our service providers, subsidiaries and affiliates, and government entities (where required by law). |
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Usage and Technical Information |
Information about your interaction with our Website, internet connection, the equipment you use to access our Website, and usage details. |
Our service providers, subsidiaries and affiliates, and government entities (where required by law). |
Air up does not sell personal information in exchange for money or discounts on products or services. However, certain applicable laws may consider the disclosure of personal information a “sale” even if no money is exchanged. Over the past twelve (12) months, we may have “sold” or “shared” (as those terms are used in applicable laws) the following categories of personal information for analytics, cross-context behavioral or targeted advertising, or other commercial purposes listed above.
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Category of Information |
Examples of Information Disclosed |
Categories of Recipients |
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Identifying Information |
Name, mailing address, email address, phone number, date of birth, and other identifiers. |
Our marketing and advertising vendors, and government entities (where required by law). |
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Usage and Technical Information |
Information about your interaction with our Website and content on third-party sites or platforms, such as social networking sites (e.g. IP address; browsing history; search history; device information; information about user’s interaction with Website, such as scrolling, clicks, and mouse-overs via cookies, pixel tags, web beacons, transparent GIFs; browser information; operating system and platform; geolocation information; user content (e.g. photos, videos, audio, images, social media/online posts, first-party works). |
Our analytics and marketing vendors, and government entities (where required by law). |
How Your Information is Stored, Transferred, and Secured
- Data Transfers. air up has operations in the United States and abroad. If you are located in the European Economic Area (“EEA”) and you use this Website, your personal information will be transferred outside of the EEA. Some of our service providers and third-party vendors are based outside of the EEA, so the processing of your personal information may involve a transfer of information outside of the EEA. air up hosts certain information it collects in the United States. As a result, your information may be subject to access requests from governments, courts, law enforcement officials, and other lawful authorities in another jurisdiction according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain the security and privacy of your personal information.
- Retention and Deletion of Personal Information. We will retain your personal information for as long as necessary to provide our Services, and to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected, the purpose for which it is collected, and any applicable regulations requiring us to keep records. We will not retain your personal information or sensitive personal information longer than reasonably necessary for the purposes for which the information was collected. We may rectify or remove incomplete or inaccurate information, at any time and at our own discretion.
- Securing Your Information. air up takes the privacy and security of your information seriously, and uses reasonable, appropriate, and customary procedures and technologies to help protect the confidentiality of any personal information we collect. air up employs reasonable administrative, physical, and technical safeguards to protect the information we collect, process, and store. However, no website, network, or system can be absolutely protected against intentional or malicious intrusion attempts despite taking appropriate and reasonable precautions. Furthermore, air up does not control the devices, computer, or network through which you access the Website or over which you may choose to send personal information or other information to us, and therefore cannot prevent potential interceptions or compromises to your information while in transit. air up is committed to safeguarding your information but cannot guarantee the security of electronic communications or transmission made over the Internet.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. You will continue to receive advertising material, but it will not be tailored to your interests. Please consult the instructions provided by your browser or your mobile device manufacturer to determine how you can limit the placement of and/or remove cookies.
- Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with third parties for promotional purposes, you can opt-out by clicking on the ‘Cookie Settings' link below in the footer or by contacting us utilizing the methods listed in the Contact Us section below in relation to exercising those rights.
- Promotional Offers from the Company. If you do not wish to have your email address, phone number, or other contact information used by air up to promote our own or third parties’ products or services, you can opt-out by clicking here or by contacting us utilizing the methods listed in the Contact Us section below in relation to exercising those rights. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements to our advertiser’s target-audience preferences, you can opt-out by clicking on the ‘Cookie Settings' link below in the footer.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Our Website is not currently designed to respond to “Do Not Track” signals. “Do Not Track” is a preference you can set in your web browser to inform websites that you do not want to be tracked.
U.S. State Privacy Law Requirements
Privacy Information for California Residents
air up has in place policies and procedures to facilitate the exercise of privacy rights available to California residents. Subject to certain limitations, if you are a California resident, you have the following rights under California law:
- Right to Access: You have the right to know the personal information we have collected and about you. You may receive a copy of such information upon receipt of a verifiable request, along with other information related to the collection or processing of your personal information.
- Right to Correct: You have the right to correct inaccuracies in the personal information that air up holds about you upon receipt of a verifiable request.
- Right to Disclosure of Direct Marketers: You have the right to have access upon simple request, and free of charge, to the following information regarding our disclosure of your personal information for direct marketing purposes:
- The categories of information we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year;
- The names and addresses of the third parties that received the information; and
- If the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.
- Right to Information About Collecting, Selling, Sharing, or Disclosing Personal Information: Upon receipt of a verifiable request, you may obtain a list of:
- The specific pieces of your personal information air up holds;
- The categories of personal information collected about you, sold to or shared with third parties, or disclosed to third parties for business purposes;
- The categories of personal information sold or shared within the last twelve (12) months;
- The categories of sources from which personal information is collected;
- The business or commercial purpose for collecting, selling, or sharing personal information; and
- The categories of third parties with whom personal information is shared, sold, or disclosed for a business purpose.
- Right to Opt-Out of the Sale or Sharing of Personal Information: California residents have the right to opt-out of the sale or sharing of their personal information under certain circumstances. If you are age sixteen (16) or older, you have the right to direct us to not sell your personal information at any time. We do not sell the personal information of consumers we actually know are less than sixteen (16) years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us here. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by contacting us. You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
- Right to Deletion: You have the right to obtain the deletion of your personal information in the situations set forth by applicable data protection law and upon receipt of a verifiable request.
- Right to Limit: You have the right to limit certain uses or disclosures of sensitive personal information. Our uses of sensitive personal information are described in the Sensitive Personal Information section above.
- Right to Non-Discrimination: As defined under relevant law, you have a right to non-discrimination in the Services or quality of Services you receive from us for exercising your rights.
Please contact us utilizing the methods listed in the Contact Us section below in relation to exercising these rights. We may ask you to provide information about yourself so that we can verify your identity as part of this process. This information may include your name, email address, and any other information necessary to reasonably verify your identity, to ensure that your information is not shared with anyone impersonating you. We may ask for additional information if we have difficulty confirming your identity. Once we have verified your identity, we will work to fulfill your request in a timely manner. Please note there may be some situations in which we are unable to fulfill your request, such as if we cannot find any information about you within our systems. Additionally, we may not be able to honor a deletion request in some situations, such as if your information is necessary to fulfill the Services you requested or meet a legal obligation. We will inform you whether we can fulfill your rights request.
Under California law a consumer can appoint an “authorized agent” to make certain verifiable requests upon their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. An “authorized agent” may submit a request on behalf of a California resident who has authorized the agent to act on their behalf. Because the security and privacy of your information is paramount, we will ask that you identify such persons and directly confirm that such persons are authorized to act as your agent and exercise your applicable rights under California law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity.
If you are a California resident and have any questions about this Privacy Policy, our practices, your personal information, or your rights and choices under applicable laws, please contact us at the information below.
Privacy Rights Information for Residents of Other States
Residents of certain states, such as Virginia, Colorado, Connecticut, and Utah, may also have rights and choices regarding their personal information. Depending on where you live and subject to certain exceptions, you may have some or all of the following rights:
- Right to Know: The right to request that we disclose to you the Personal Information we collect, use, or disclose, and information about our data practices.
- Right to Request Correction: The right to request that we correct inaccurate Personal Information that we maintain about you.
- Right to Request Deletion: The right to request that we delete your Personal Information that we have collected from or about you.
- Right to Opt Out of the Sale of Personal Information and/or Sharing of Information for Targeted Advertising: The right to opt out of the processing of your Personal Information obtained from your activities on nonaffiliated websites or online applications for the purposes of targeted advertising.
- Right to Non-Discrimination: The right not to receive discriminatory treatment for exercising your privacy rights.
To learn more about whether you are guaranteed certain rights, or to submit a request to exercise your rights, please contact us using any of the methods in the Contact Us section. Any request to exercise your rights must include your name, state of residence, the right(s) you would like to exercise, and a means of contacting you.
Please note that to protect your information and the integrity of our Services, we may need to verify your identity before processing your request. In some cases, we may need to collect additional information to verify your identity. Under certain U.S. Privacy Laws, you may also designate an authorized agent to make these requests on your behalf. If you use an authorized agent to submit a request, we may need to collect additional information, such as a government issued ID, to verify your identity before processing your request to protect your information.
U.S. State Attorney General Contact Information
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Virginia |
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Colorado |
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Connecticut |
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Updates to this Privacy Policy
Air Up reserves the right to revise this Privacy Policy from time to time at our sole discretion. Our Website will link to our current Privacy Policy and any changes we make will be reflected in an update to our Privacy Policy and by revising the “last updated” date at the top of this Privacy Policy. You are advised to check back to this page periodically to learn of any changes made to our policies. Changes to this Privacy Policy are effective when they are posted on this page.
Difficulty Accessing Our Privacy Policy
Individuals with disabilities who are unable to usefully access our Privacy Policy online may contact us to inquire how they can obtain a copy of our policy in another, more easily readable format.
Contact Us
Please direct any questions you may have about this Privacy Policy to any one of the following:
By mail: air up
Attn: Legal Department
3435 Ocean Park Blvd., #107 PMB 485
Santa Monica, CA 90405
By e-mail: data.privacy.us@air-up.com