Privacy policy

Privacy Policy

Last updated: October 27, 2020.

This Privacy Policy explains Nuvate's (The Upseat Company’s) data practices, defines our users’ (“you” or “your”) privacy options, and describes how your information is collected and used by Nuvate. All digital extensions of the Upseat brand, such as, are known as the “Upseat Services.” The Upseat Services are owned and operated by Nuvate Inc., ("we", "us", "our" or "Nuvate").

Nuvate is sensitive to your concerns about how we may use and share personal information that we collect from you through the Upseat Services, through the mail, and at retail stores and wholesale or distributor accounts. We respect your privacy and want to protect your personal information.

This Privacy Policy is incorporated into our Terms of Use. It governs your use of the Upseat Services, other services offered by Nuvate, and Nuvate social media platforms. This Privacy Policy explains how we collect, secure, use and (under certain conditions) disclose your personal information, and your options regarding the same. By visiting the Upseat Services or social media sites or utilizing other services offered by Nuvate, you accept the practices described in this Policy and our Terms of Use.

We are not responsible for the content or privacy practices on any websites not operated by Nuvate or to which the Upseat Services links or that link to the Upseat Services.

1. information collection and use

1.1 Information Collection.

We collect information from you in several different ways through the Upseat Services. One goal in collecting personal information from you is to provide an efficient, meaningful, and customized experience. For example, we can use your personal information to:

  • Help make the Upseat Services easier for you to use by not having to enter information more than once.
  • Help you quickly find information, products, and services.
  • Help us create and share content that is most relevant to you.
  • Alert you to new information, products, and services that we offer.

1.2 Registration and Ordering.

Before using certain parts of the Upseat Services, you may need to complete an online registration form. During registration, you will be prompted to provide to us certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, and credit card number. In addition, we may also ask you for your country of residence and/or your organization’s country of operation, so we can comply with applicable laws and regulations, and for your gender. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and the Upseat Services, and for internal marketing purposes. If we encounter a problem when processing your order, your personal information may be used to contact you.

1.3 Email Addresses

Several locations of the Upseat Services permit you to enter your email address for purposes including but not limited to: to register for a contest or sweepstakes; to request us to notify you of new products or styles or availability; to sign up for email newsletters and special offers. Your participation in a contest or sweepstakes is completely voluntary, so you have a choice whether to participate and disclose information to us. We use this information to notify contest and sweepstakes winners and to award prizes. We may post on the Upseat Services, as well as Nuvate networks, the names and cities of contest and sweepstakes winners.  By entering a contest or sweepstakes, you may be opting in to receive our email newsletter and special offers and this will be disclosed in the official rules governing the contest or sweepstakes.

1.4 Cookies and Similar Technology

Some of the personal information we collect from you may happen automatically. Like many websites, the Upseat Services employs cookies and web beacons (also known as clear GIF technology or “action tags”) to speed your navigation of the Upseat Services, recognize you and your access privileges, and track your Upseat Services usage.

Cookies are small pieces of information that are stored as text files by your Internet browser on your computer’s hard drive. Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from web sites or to remove cookies from your hard drive, but if you do, it may affect your access or use of the Upseat Services.

1.4.1. We use cookies when you select products, place them in an online shopping cart, and purchase them, to keep a record of your browsing activity and purchase. As text files, the cookies cannot read information on your hard drive, run programs or deliver viruses to your computer.

1.4.2. We may use third-party advertising companies, such as Google Analytics, to help tailor Upseat Services content to users or to serve ads on our behalf. These companies may store cookies on your computer to provide us with insight into traffic sources and allow us to better understand our visitors. The traffic data collected may include country, IP address, browser user agent and unique identifiers, but does not include sensitive personal information.

We use cookies for the following purposes:

“Essential” cookies are necessary for moving around and using our Site. Essential cookies do not gather information about you for marketing purposes and do not remember where you have been on the internet. You cannot disable essential cookies.

  • We use: Nuvate

“Functional” cookies remember your choices, settings, or preferences from one visit to the next, and changes you have made to customizable areas of the Site.

“Analytics” cookies collect information about your use of our Site, including which pages you visit, and whether you experience any errors, so we can improve your experience on our Site.

  • We use: Google Analytics

“Targeting” cookies automatically collect information such as Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and other information designed to customize your experience on our and other sites, and may be shared with third parties, such as Google, as described below.

  • We use: Pinterest, Facebook Google Ads

We use Google Adwords and Google Analytics to gather data such as age, gender and interests to provide advertising targeted to suit your interests and preferences. For example, you may see certain online ads on our Site or other sites because we contract with Google and similar companies to target our ads based on information collected from you or by automated means, like cookies and web beacons. These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.

You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioural Advertising at and edit or opt-out your Google Display Network ads’ preferences at

1.4.3. Web beacons assist in delivering cookies and help us determine whether a web page on the Upseat Services has been viewed and, if so, how many times. For example, any electronic image on the Upseat Services, such as an ad banner, can function as a web beacon.

1.5 Log Files.

As is true of most websites, the Upseat Services servers automatically recognizes the Internet URL from which you access the Upseat Services. We may also log your Internet protocol (“IP”) address, Internet service provider, and date/time stamp for Upseat Services administration, order verification, internal marketing, and Upseat Services troubleshooting purposes. (An IP address may indicate the location of your computer on the Internet.)

1.6 Age.

We respect children’s privacy. We do not knowingly or intentionally collect personal information from children under age 18. Elsewhere on the Upseat Services, you have represented and warranted that you are either 18 years of age or using the Upseat Services with the supervision of a parent or guardian. If you are under the age of 18, please do not submit any personal information to us, and rely on a parent or guardian to assist you.

1.7 Product Reviews.

You may choose to submit a product review. If you post a review, we will ask for your email address and geographic location. If you submit a review, your geographic location will be visible to other users (your email address will be kept private). Also, any personally identifiable information that you submit as part of the review can be read or used by other visitors to the Upseat Services. We are not responsible for any personally identifiable information that you choose to submit as part of your review. We believe you can post a helpful review without disclosing any personal information.

1.8 The Geographic Location.

Upseat Services may use the GPS feature of your mobile device to determine your geographic location. This information is used to provide you with the address of -- and directions to -- the nearest store location with Nuvate or other location-dependent features. If you would prefer that we not know your geographic location, you may disable or decline the function when you first use any of the Upseat Services, respectively (or later, if your mobile device allows you to change the settings after initial download). Disabling the geolocation function may prevent you from using certain features of the Upseat Services (such as the store locator) that require such information.

2. Information Use and Disclosure

2.1 Internal Use.

We use your personal information to process your order and provide you with customer service. We may internally use your personal information to improve the Upseat Services content and layout, to improve outreach and for our own marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to the Upseat Services. In order to facilitate such use and the other use described in this Section 2, we may share your information with affiliates under Nuvate's control.

2.2 Communications with You:

We will use your personal information to communicate with you about the Upseat Services and your orders and deliveries. Also, we may send you a confirmation email when you register with us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance.) Also, you may submit your email address for to register for a contest or sweepstakes; to request us to notify you of new products or styles or availability; to sign up for email newsletters and special offers. If you submit your email address, we use it to deliver the information to you. We always permit you to unsubscribe or opt out of future marketing emails (see the opt out section, below, for more details). Because we have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.

2.3 External Use.

We want to provide you with excellent service and to offer you a great selection. We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone other than to affiliates under Nuvate's control, except that:

2.3.1. As do most catalog and Internet retailers, we sometimes use others to perform specific functions on our behalf. When we disclose information to these service providers, we disclose information to help them to perform their service. For example, in order to deliver products to you, we must share some information. We partner with third parties (such as the United Parcel Service) to ship products, to ensure delivery, and so that we can obtain feedback, improve the quality of our service, and measure and improve the quality of the service of the third party. In the example of shippers, we provide them some personally identifiable information such as your name, shipping address, email, and phone number.

2.3.2. Similarly, to help you buy products and provide customer service to you, we must provide your credit card number to financial-services corporations such as credit-card processors and issuers. When we submit your credit card number for authorization, we use state-of-the-art data encryption to protect your information. (More on this below in Data Security.)

2.3.3. We may disclose such information in response to requests from law enforcement officials conducting investigations; subpoenas; a court order; or if we are otherwise required to disclose such information by law. We also will release personal information where disclosure is necessary to protect our legal rights, enforce our Terms of Use or other agreements, or to protect ourselves or others. For example, we may share information to reduce the risk of fraud or if someone uses or attempts to use the Upseat Services for illegal reasons or to commit fraud.

2.3.4. We do not sell (or trade or rent) personally identifiable information to other companies as part of our regular course of business. In the event of a merger or acquisition involving our company, your personal information may be disclosed to the other company, but that disclosure will be subject to the Privacy Policy in effect.

2.3.5. We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.

2.3.6. We may publicly disclose the name, city, and state of the contest and sweepstakes winners.

3. Data Security

The Upseat Services incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer (“SSL”) for all financial transactions through the Upseat Services. We use SSL encryption to protect your personal information online, and we also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job are granted access to your personal information. Finally, we rely on outside service providers for the physical security of some of our computer hardware. We believe that their security procedures are adequate. For example, when you visit the Upseat Services, you access servers that are kept in a secure physical environment, behind a locked cage and an electronic firewall.

Although employ these measures to safeguard your personal information, no system can guarantee complete security.

4. Opt Out/Corrections

Upon your request, we will (1) correct or update your personal information; (2) stop sending marketing emails to your email address; and/or (3) disable your account to prevent any future purchases through that account. You can make these requests by telephoning 888-977-1129, or emailing your request to Nuvate's Customer Care Team Please do not email your credit-card number or other sensitive information.

5. Your California Privacy Rights

If you are a California resident, you have certain rights under California Consumer Privacy Act and other data protection laws, including:

  • The right to know the sources of your personal information we have collected in the last twelve months, what we use that information for, whether it is being disclosed or sold, and to whom it is being disclosed or sold.
  • The right to “opt-out” of Nuvate's sale of your personal information to any third parties.
  • The right, with some exceptions, to have your personal information deleted from Nuvate's possession or control.
  • The right to receive equal service and pricing from Nuvate even if you exercise any of your privacy rights.

You may submit requests for access or erasure of your personal information by calling toll-free (within the U.S. and Canada only) at [toll-free number] or emailing If you submit a request for access or erasure of personal information, you will be required to verify your identity by answering certain questions. We will not disclose or delete any information until your identity is verified.

If you are making a request for erasure, we will ask you to confirm again that you want us to delete your personal information before processing your deletion request.

If you are making a request for access, we may not be able to provide specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of your personal information, your account with us, our network or the Upseat Services.

You may designate an authorized agent to submit a request on your behalf by providing that agent with your written permission. If an agent makes a request on your behalf, we may still ask that you verify your identity directly with us before we can honor the request.

Agents making requests on behalf of California residents must verify the request by submitting written authorization from the individual. We will not honour any requests from agents until authorization is verified.

Our response to a request is at no cost to you. We endeavour to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

Under the California “Shine the Light” law, California residents may request information about our disclosures of certain categories of personal data to third parties (i.e., our affiliates) for such third parties’ direct marketing purpose, by emailing

If you are under 18 years old, a California resident, and a registered user of any Site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to Your request does not ensure complete or comprehensive removal of what you have posted and the law may not require or allow removal even if requested.

6. Privacy Rights of European Residents [if applicable]

If you are a resident of the European Union, European Economic Area or the United Kingdom, you are afforded certain rights regarding your personal information, described below:

Nuvate has a legitimate interest in learning more about user preferences to offer products and services that better meet your needs and desires. In our Privacy Policy, we explain how we use your online activity and personal data for such purposes and the controls you have over those uses. If you are a resident of the European Union, the European Economic Area or the United Kingdom, you are afforded certain rights regarding your personal data. Specifically, EU, EEA and UK residents have the following rights:

  1. To be informed about what happens with your Personal Data (information relating to an identified or identifiable natural person), including how it is collected from you, how it is used as well as the right to access that Personal Data, to modify it when it is incomplete or incorrect, and the right to withdraw consent for its use;
  2. To access Personal Data held by organizations about an individual;
  3. To rectification allowing individuals to correct inaccurate information or complete incomplete information;
  4. To erasure (or the right to be forgotten) allowing, with some exceptions, an individual to have their Personal Data deleted upon request;
  5. To restriction and withdraw consent for data processing;
  6. To data portability allowing individuals to ask for the transfer of their Personal Data or to obtain and use their Personal Data for their own purposes;
  7. To object, with some exceptions, to the processing of an individual’s Personal Data; and
  8. To prevent automated decision making or profiling and to require that those decisions be made by natural persons.

You also have the right to lodge a complaint with a Supervisory Authority. If you have questions or concerns about these rights and how they relate to this Privacy Policy or the Site, please direct your inquiries to

7. Do Not Track Signals

There are “do not track” or similar browser choices available to internet users with respect to online web activity, but given the present lack of consensus of what constitutes an informed election, appropriate trigger or breadth of scope of such choice, our Site will not operate any differently when a “do not track” signal is received.

8. Offline Collection, Use & Disclosure of Information

As you might expect from us, the majority of information that we collect is obtained through the Upseat Services, and this Privacy Policy applies only to that online collection of personal information. We also may collect information offline, where we also try to protect the privacy of your personal information. One example involves someone calling us to place an order or to ask questions. When someone calls, we will ask only for the personal information we need in order to place the order or to answer the question. When we need to store information (such as order information), we will enter it into our database through SSL encryption. (See the Data Security section above for more information). Another example involves faxes. If you fax something to us, we will act upon the fax and then either store it a locked repository or we will shred the fax if there is no need to retain the information. There are other ways we could learn of personal information offline (for example, we suppose someone could send us a letter including some return address information), and this Policy doesn’t discuss or try to predict all of those methods or uses. As we mentioned, we will try to treat offline collection, uses, and disclosures consistently with our relevant online practices.

9.  External Links

If any part of the Upseat Services links you to other websites or mobile applications, those websites and mobile applications do not operate under this privacy policy. We recommend that you examine the privacy statements posted on those other websites and mobile applications to understand their procedures for collecting, using, and disclosing personal information.

10. Updates to this Policy

If we change or update this Privacy Policy, we will post changes and updates on the Upseat Services and Upseat Services so that you will always be aware of what information we collect, use and disclose. We encourage you to review this Privacy Policy from time to time so you will know if the Privacy Policy has been changed or updated. Your continued use of the Upseat Services constitutes your agreement to our then-current Privacy Policy. If you have any questions about the Privacy Policy, please contact us at 888-977-1129 or