Privacy Policy

For the Upco Android and iOS applications data use

This privacy policy sets out how Upco International Inc. (CSE: UPCO) (Frankfurt: U06) (United States: UCCPF) with its wholly-owned US subsidiary Upco Systems Inc. (“Upco”) uses and protects any information that you might give Upco when you use our website and/or our Upco Mobile Messenger application for Apple iOS and Android.

Upco is committed to ensuring that your privacy is protected. Should we ever ask you to provide any information by which you can be identified when using our services, then you can be assured that it will only be used in accordance with this privacy statement. The Privacy Policy also sets out the rights you have in respect of us and how to exercise those rights.

If you have any questions about this Privacy Policy or about your personal data in general, please contact us at [email protected].

This privacy policy is of interest to anyone who visits our website, app, uses our services and products or otherwise interacts with us. It is important that you read and understand our privacy policy before using our services and products.

Upco may change this policy from time to time by updating this page. You should check this page regularly to ensure that you are happy with any changes. This policy is effective from July 1st, 2018.

End User License Agreement for the Licensed Application

Upco offers mobile device users call and messaging services transacted through a licensed mobile device application. Our Application is not sold, downloaded for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of this separate license agreement will govern, subject to your prior acceptance.

1. Scope of License

This license is non-transferable for use on any mobile device that you own or control and as permitted by the Usage Rules set out in our Terms and Conditions. This license does not permit you to use the Licensed Application on any mobile device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it can be used by multiple mobile devices at the same time. You may not rent, lease, lend, loan, sell, redistribute or sublicense the Application.

You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Application, any updates or any part thereof except as, and then only to the extent that any of the foregoing restrictions are prohibited by applicable law or to the extent permitted by the terms of the license governing the use of any open source components included in the Licensed Application. Any attempt to do so is a violation of our rights.

If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any updates provided by us that replace and/or supplement our Services, unless such update is accompanied by a separate license, in which case the terms of that license will govern.

2. Services

In the course of using the Licensed Application, you may encounter content that may be deemed offensive, indecent or objectionable. However, you agree to use our Services at your own risk and we shall have no liability to you for content that may be offensive, indecent or objectionable. You agree not to exploit the Services in any unauthorized manner, including, but not limited to, by trespass or burdening network capacity. You further agree not to use our Services in any way to harass, abuse, stalk, threaten, defame or otherwise infringe the rights of any other party, and that we are in no way responsible or liable for any such use by you, or for any harassing, threatening, defamatory, offensive or illegal messages or transmissions you may receive as a result of your use of our Services. We make no representation that our Services are available for use in any particular location. To the extent that you choose to access our Services, you do so on your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

We reserve the right to change, suspend, remove or disable access to our Services at any time. In no event will we be liable for the removal or disabling of access to our Services. We may also impose limits on your use of or access to our Services, in any case and without notice or liability.

3. What data do we collect, how do we use it and why is it legal to do so?

We collect personal information when you are signing up to Upco after Accepting the Terms of Service and Privacy Policy terms, and while you are using some functionality of the Upco.

Categories of personal data we collect and process:

  • Registration and account information: your phone number (mandatory), name (optional), profile picture(optional), language, region code, which is derived from your phone number prefix.
  • Your phone book contacts: when accessing Upco contacts for the first time, Upco asks permission to access the User’s phone book contacts to upload them into the Upco contacts section and to the Upco servers. While the local copy is to provide the user a smooth experience using contacts inside Upco to call, send messages, etc, sending User contacts to the servers is done to be able to match them with Upco users to mark which of them are Upco users and which are not. We call this whole process of copying User’s phone book contacts into the Upco and sending it to Upco servers “Contacts Sync”. Contacts sync is done every time the User uses any of the Contacts functionality of the Upco, and if the process does not manage to finish while the User browses away, it might continue also when Upco is in the background. On every Contact Sync the Upco checks if there are new contacts to copy or remove, thus keeping User’s Upco contacts in sync with the User’s phone book contacts. Phone book contacts do not continue contact names and are not shared with any 3rd party.
  • Out-calls (paid calls) history: Call Detailed Reports (CDR) of paid calls referred to in [APP NAME] as Out-calls contain information about when and who did you call using Out-Calls functionality and are saved in the billing database for billed services compliance and audit purposes.
  • Your device and connection information: We collect device and connection information when you install, access and use our services. This includes information about your device model and operating system; application version; browser and mobile network information; connection data, such as phone number, phone or mobile operator and internet service provider; language and time zone, IP; device operation information and identifiers, such as device identifiers.

The data collected is used to fulfill Upco services, to comply with applicable law and to pursue Upco’s legitimate interests.

4. Consent to the use of data

You agree that we may collect and use technical and personal data, including but not limited to information about your mobile device and software, phone number, user name, profile picture, phone book contacts and paid calls data (CDR), which is collected from time to time to facilitate the provision of Upco services including but not limited to Calls, IM, Paid Calls, as well as Upco updates, product support and other services related to the Licensed Application.

5. Security measures for personal data

We process your personal data in accordance with applicable data protection laws and regulations. We have taken appropriate legal, technical and organisational security measures to protect your personal data from unauthorised disclosure or access, misuse, loss, alteration or destruction. The security measures we have adopted have been created to ensure a level of security appropriate to the risks associated with the data processing activities we carry out. If you have any questions regarding our security measures please contact us [email protected].

6. Users’ data retention and deletion policy

Your personal data will be stored only for as long as is necessary to fulfill the purpose for which your personal data was collected. However, personal data may be kept for a longer period if required by law (for example, to comply with accounting requirements or requirements to keep records of paid calls for lawful interception) or if reasonably necessary to protect our legal interests. At any time and by own decision any [APP NAME] user can delete his/her Upco account from the Upco Settings-> Privacy -> Delete Account section, which will immediately delete all data related to the User from Upco servers, except for the user balance, username and paid calls history, which will stay on servers for another 6 months or longer in compliance with Paid Calls services provision regulations.

7. Information sharing

We may share your personal data in the following situations: if required by authorities (for example, police and tax authorities), we may provide them with personal data if we are required to do so by law; to enforce or apply our Terms of Service or other agreement we have entered into with you; to protect the rights, property or safety of us, our users or others; and finally, in the event of the sale of assets of Upco or a group of companies or corporate restructuring, or as a result of a change of control of Upco or a group of companies.

When sharing your data we endeavour to ensure that relevant third parties apply appropriate organisational, technical and legal measures to protect and safeguard personal data in accordance with applicable data protection legislation, the applicable regulations of the relevant supervisory authorities and guidelines on personal data security and, in general, what is relevant.

We promise never to sell your personal data to third parties unless you explicitly give us permission to do so.

8. Communications and notifications

Upco may use your personal data to communicate with you. The communication may include messages about updates, bugs, alerts and any other matters relating to the technical aspects and usability of the application and other parts of the services. Such communication is considered part of the service.

From time to time we may ask you to provide us with information about your experience using the application or other parts of the services which will be used to improve the quality and delivery of services. You are under no obligation to provide such information. Such information will be used to review the improvement of our services.

Upco may, from time to time, contact you by telephone, SMS or any other appropriate information channel to keep you informed about the latest news from Upco and its services, including new products, campaigns, promotions and payment methods.

If you do not wish to receive promotional messages from Upco you may request to unsubscribe by following the instructions in the promotional message you received or by contacting our customer service team.

9. Termination

The license is effective until terminated by either you or us. We will terminate your rights under this license without notice if you fail to comply with any of the terms of this license. Upon termination of the license, You must cease all use of the Licensed Application, and destroy all copies, in whole or in part, of the Licensed Application.

10. Scope of the Guarantee

You expressly acknowledge and agree that your use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, our services are provided on an ”as is” and ”as available” basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Licensed Application and Services, whether express, implied or statutory, including, without limitation, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third party rights.

We do not warrant that there will be no interference with your enjoyment of the Licensed Application and Services, or that the Licensed Application and Services will be uninterrupted or error-free, or that defects in the Licensed Application and Services will be corrected. No oral or written information or advice given by us shall create a warranty. In the event of any defect in the App or Licensed Services, you will bear the entire cost of all necessary servicing, repair or correction.

11. Possible changes to the privacy policy

We are constantly innovating and looking for new ways to improve our services. We therefore reserve the right to update and modify this privacy policy at any time and to reflect such improvements or any other changes to our business, as well as to comply with applicable data protection legislation.

Our privacy policy is always available for consultation on our website (under Legal Information) and also on our app (under Customer Service) so that users can, at all times, know what personal data we collect, how and why the data is processed and under what circumstances such information may be shared. We recommend that you review the privacy policy periodically to be aware of any changes. If you do not agree with the terms of the policy you should not use the services.

12. Limitation of liability

To the extent not prohibited by law, in no event will we be liable for any personal injury, incidental, special, indirect or consequential damages of any kind, including, without limitation, damages for loss of profits, loss of data, business interruption or any other damages or business losses, arising out of or in connection with the use of or inability to use the licensed application, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.

In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

13. Your rights with regard to your personal data

Under current data protection legislation, you have the following rights with regard to personal data:

  • Right of access – You have the right to obtain information from Upco about any personal data processed about you and to access such data, if applicable.
  • Right to rectification – You have the right to rectify inaccurate personal data about you.
  • Right to erasure (“the right to be forgotten”) – You have the right to delete any data about you if this data is no longer necessary for the purposes for which it was collected. There may be legal obligations that oblige Upco to keep the data, which will prevent Upco from deleting such data. In this case, we can block the data that we are obliged to store so that it cannot be used for any other reason than to comply with legal requirements; we can also anonymise the data.

If you wish to exercise your rights with respect to your personal data or if you have any questions in relation to this privacy policy you can contact us at [email protected].

14. Translations of the Privacy Policy

For your convenience, Upco can provide you with a translation of the Spanish version of the Privacy Policy (available at In the event of any inconsistencies between the non-English version of the Privacy Policy and the English version, the English version will govern your relationship with Upco.

15. Jurisdiction

The laws of the United States, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. You expressly agree that the courts of the United States have exclusive jurisdiction over any claim or dispute with Upco or relating in any way to your use of the Licensed Application. Your use of the Application may also be subject to other local, state, national or international laws.

DMCA Policy

Upco International Inc. (CSE: UPCO) (Frankfurt: U06) (United States: UCCPF) with its wholly-owned US subsidiary Upco Systems Inc. (“Upco”) has adopted the following procedures to respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act. The address of our designated agent to receive notification of infringement (“Designated Agent”) is listed at the end of this policy. It is Upco’s policy to (1) block access to or removes material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

1. How to Report Copyright Infringement

If you believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  • Contact information about the copyright owner including address, telephone number and, if available, e-mail address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;
  • A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

2. Upon Notification to the Designated Agent

It is our policy:

  • to remove or disable access to the infringing material;
  • to notify the content provider, member or user, that it has removed or disabled access to the material; and
  • that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Service.

3. Counter-Notice By Content Provider

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Upco is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion. Please contact our Designated Agent at the following address:

Laubscher, Spendlove & Laubscher, P.C.
DMCA Complaints – Upco International Inc. / Upco Systems, Inc.
1160 Spa Road, Suite 2 B
Annapolis, MD 21403
United States

You hereby acknowledge that if you fail to comply with the requirements set forth above, your DMCA notice may not be valid.