Privacy Policy Last Updated: July 2026 

Upshop is committed to protecting the privacy of our customers. Upshop is a food technology innovator. Our platforms, Upshop, DCP and ShopperKit, offer retailers an omnichannel approach to total store operations. UpShop allows retailers to effectively plan, prepare, analyze, and deliver the fresh food items shoppers want. The ShopperKit platform enables in-store order fulfillment for retailers to receive, prioritize, and process orders from their online counterparts allowing grocers to offer in-store pickup or delivery services to their online customers. 

Our Privacy Policy is designed to help you understand how we collect and use Personal Information that you provide us and to help you make informed decisions when using our website and services (collectively, “Upshop”, “Website,” “we” or “us”). 

Scope of This Privacy Policy

This Privacy Policy applies to Personal Information collected by Upshop or its service providers from or about: 

  • Visitors to, or users of, Website 
  • Prospective and current customers using Upshop services 
  • Prospective and current employees 

What is Personal Information?

“Personal Information” means any information that can be used to identify an individual or a household.  

Personal Information may include the following: name, address, date of birth, gender, and contact data like email address, telephone number or employer name. 

Collection of Personal Information

We may collect Personal Information about you (i) that  you provide on the Website; (ii) that you provide regarding your preferences (for example, selecting or unsubscribing from marketing communications); (iii) from other sources with your consent (for example, from other institutions such as auditors or administrators); (iv) from sources in the public domain; and (v) from other interactions you may have with us (for example, discussions or emails with our staff). 

The Personal Information we collect may fall into any of the following categories:   

  • Identifiers such as your first and last name, email address, postal address, phone number, user account name, social media handle, proof of employment eligibility and date of birth (if you are applying for a job), or other similar identifiers;
  • Protected characteristics such as your gender, age, race, or other protected classifications under applicable law;
  • Internet or other electronic network activity information such as your IP address, pages you visit on our Website, computer browser type and referring and exit pages, and date/time stamp of your visits;
  • Geolocation or other location data such as IP addresses or zip codes 
  • Financial information such as bank or credit card numbers or other financial information used to pay for our services;
  • Professional information such as information about your job title, employer, job history, or job interests;
  • Education information such as your education history, degrees or certifications obtained; or
  • Communications. When you participate in polls or surveys, register for an event or contact us, we may maintain a record of that communication including any Personal Information you provide.

We may ask you to provide Personal Information when you: 

  • Use our Website;
  • Subscribe to Upshop expert insights or Upshop Solutions updates; 
  • Request information or support;
  • Download our informational materials;
  • Place an order;
  • Create and manage a user account;
  • Register for events or webinars;
  • Participate in surveys, opinion polls or promotional activities online or in any other venue;
  • Subscribe to marketing and promotional emails or other materials;
  • Participate in Upshop Support Community Q&A pages;
  • Interact with us on third party social networks (subject to that third party’s terms of use and privacy policies);
  • Apply for a job; or
  • Contact us.

You may choose not to provide Personal Information or withdraw any consent you may have provided to our processing your information at any time, although it may affect our ability to provide you with relevant information or services. 

In addition to Personal Information we collect from you, we may use cookies or similar technologies to automatically gather certain information when you visit our Website. This automatically-collected information may include computer browser type, Internet protocol address, Internet service provider, referring and exit pages, date/time stamp, cookie information, pages visited, and average time spent on our website. This information may be used, for example, to alert you to software compatibility issues, to customize advertising or content you see on our Website, fulfill your requests for products and services, conduct research or analyze and improve our site design and functionality.

Personal Information we collect may be stored and processed in the United States or any other country in which our trusted agents or we maintain facilities.

Cookies and Similar Technologies

Upshop and our trusted partners may use “cookies” and similar technologies such as: web beacons, tags, and scripts for marketing, analytics, and customer support purposes. These purposes include authenticating visitors to our site to personalize your experience and save you time, analyzing trends, administering the site, providing relevant marketing communications, tracking users’ movements around the site and gathering demographic information about our userbase as a whole.  

A cookie is a piece of text that is placed on your computer’s hard drive that often includes an anonymous unique identifier. Depending on the settings you have selected, your browser adds the text to your device as a small file.  Upshop uses session cookies. A session cookie is temporary and disappears after you close your browser. 

Web Beacons, also known as pixel tags and clear GIFs, (“Web Beacons”), are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web Beacons is placed.  Upshop may use Web Beacons to collect general information that identifies your Internet browser, operating system, IP address, date of visit, time of visit and path taken through the site.  Upshop may use Web Beacons internally to count visitors, recognize visitors through cookies and collect visit information that helps it develop aggregate reports on site usage and visitor activity.  Upshop may also use Web Beacons in HTML-formatted email messages that Upshop sends to help determine your interest in and the effectiveness of such emails. 

Many browsers are set to accept cookies by default.You have the ability to accept or decline cookies as you prefer. The Help portion of your web browser, most likely found on the toolbar, typically tells you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you reject cookies, you may still use our Website, but your ability to use some features or areas may be limited. 

Do Not Track Signals & Global Privacy Control 

Please note that, while you may be able to control the use of cookies through your web browser as described in the “Cookies and Similar Technologies” section above, some web browsers may also give you the ability to enable a “do not track” signal.  

A “do-not-track” signal is a privacy preference feature in some web browsers that tells a website that a user does not want their online activity to be tracked. This “do not track” signal is different from disabling certain forms of tracking by declining cookies in your browser settings, as browsers with the “do not track” setting enabled still have the ability to accept cookies.  Upshop does not currently respond to web browser “do not track” signals.  If we do so in the future, we will describe how we do so in this Privacy Policy.  For more information about “do not track,” visit www.allaboutdnt.org.  

We currently support Global Privacy Control (GPC), a specification designed to allow internet users to notify businesses of their privacy preferences, such as whether or not they want to be tracked or have their personal information sold or shared with third parties for targeted advertising. It consists of a setting or extension in the user’s browser or mobile device and acts as a mechanism that our websites can use to honor your privacy settings. GPC is available for an increasing number of browsers and browser extensions, click here to view the options. If you want to use GPC, you can download and enable it via a participating browser or browser extension. If your browser or device has enabled GPC, it will override your preferences selected in the cookie banner or privacy settings on this Site. 

How Upshop Uses Personal Information 

Upshop may use your Personal Information to:

  • Fulfill your requests for products and services
  • Communicate with you about your requests and transactions; respond to your reviews, comments or other feedback; with your consent, send you information about our events of special programs, announcements or newsletters; or send you product or service recommendations.
  • Better understand our customers’ behavior so we may improve our marketing and advertising efforts and the distribution of our products and services. 
  • Personalize our Website, mobile services and advertising.
  • Protect the security and integrity of our business, Website and mobile services. 
  • Comply with legal and/or regulatory requirements.
  • Consider your employment application.

Legal Bases for Processing

  • Our legal basis for collecting and using your Personal Information depends on the Personal Information concerned, the specific context in which we collect it and how it is to be used. In general, we collect and process your Personal Information on one or more of the following bases: 
  • Your consent, for example where we have obtained your consent to process your Personal Information for certain activities (such as personalizing the content that you see on our site). You are free to withdraw your consent at any time by contacting privacy@upshop.com. If you withdraw your consent, it will not affect the lawfulness of any processing based on your consent before you withdrew it. Where applicable, we may ask for your consent to processing at the point where you provide your Personal Information.
  • To comply with a contractual obligation (for example, using your email address where you have asked us to do something before making a purchase, such as providing you with a quote). We will advise you upon collection whether the provision of your Personal Information is mandatory and of the possible consequences if you do not provide us with your information. 
  • For compliance with our legal obligations where other laws require the processing of your Personal Information (for example, health and safety, taxation and anti-money laundering laws) or where we need your Personal Information to protect your vital interests or those of another person. 
  • Our legitimate interests which include the provision of this Website, relevant products and services and/or the carrying out of marketing and personalizing activities, provided always that our legitimate interests are not outweighed by any prejudice or harm your rights and freedoms. 

International Data Transfer

Upshop services are hosted and operated in the United States of America (the “U.S.”). Therefore, Upshop’s collection or use of your Personal Information may involve the transfer of your Personal Information to a country (the U.S.) outside your home country or region, including outside the European Economic Area if that is your region, which may have a different level of data protection from your home country.  In order to provide adequate protection for the transfer of your Personal Information, we transfer Personal Information by entering into written contractual arrangements (as appropriate) with our third-party service providers or business partners in respect of such transfers or by relying on other legally-approved transfer mechanisms. We take all reasonable technical and organizational measures to safeguard Personal Information we transfer. 

Disclosure of Your Personal Information

We may disclose your Personal Information to third parties for the following limited purposes: 

  • Service providers and vendors: Upshop may disclose your Personal Information to third-party vendors and service providers that provide Upshop with cloud computing services, data analytics, data storage, payment processing, website hosting and performance services, or help us provide a product or service to you at your request.  We require each trusted third party to be bound by contractual clauses to protect your Personal Information in compliance with data protection legislation and to limit the receiving party from retaining, using or further disclosing the Personal Information for any purpose other than for performing the specific business purpose on our behalf. 
  • In the Context of a Merger, Acquisition or Sale:  We may share your Personal Information with potential transaction partners, service providers, advisors and other third parties in connection with negotiation or completion of a corporate transaction in which Upshop is acquired by or merged with another company or in which Upshop sells or transfers all or a portion of its assets or business.
  • Employment Purposes: With respect to employee data, Upshop may disclose Personal Information if it is necessary to establish, manage or terminate an employment relationship, to the extent permitted by law.
  • Legal and Safety Reasons:  We may share your Personal Information with law enforcement agencies, courts, other government authorities or other third parties where we believe it necessary to comply with a legal or regulatory obligation or otherwise to protect our rights or the rights of any third party. We also may share your Personal Information in connection with fraud protection or other legal action, or if Upshop reasonably believes it is necessary to protect Upshop, its customers or the public. 

The Personal Information we may share with third parties as described in this section may include these categories: 

  • Identifiers; 
  • Protected characteristics; 
  • Internet or other electronic network activity information; 
  • Financial information; 
  • Professional information; 
  • Education information; and 
  • Communications.

Upshop will not disclose your Personal Information to third parties for their own marketing purposes without your consent. We do not sell or share personal information to third parties for monetary consideration; however, we may disclose certain personal information to third parties under circumstances that might be deemed a “sale” or ”sharing” as defined under California (CCPA), Colorado (CPA), Connecticut (CTDPA), Nevada (NRS 603A), Utah (UCPA), Virginia (CDPA) or other states’ similar laws.  You may request that we exclude your Personal Information from such disclosures, or direct us to limit the use and disclosure of possible sensitive personal information, by contacting us at privacy@upshop.com.  You may need to provide additional identifying information in order for us to process your request. 

Upshop makes the following disclosures regarding Personal Information we collected within the preceding 12-month period:

Category of Personal Information  Categories of Sources of Personal Information  Purpose of Collection  Categories of Service Providers to whom Personal Information is Disclosed  Category of Non-Service Provider Third Parties to whom Personal Information Is Sold or Shared 
Identifiers, such as your name, address, and email address.  You  To process sales, provide customer support, create a user account, share information about our services and events, and facilitate your application to work with us.  Credit Card Processor/Payment Card Network providers, Service Providers who provide email, website, marketing and customer service support.  We do not sell or share this category of Personal Information to non-service providers. 
Financial account information  You  To process sales.  Credit Card Processor/Payment Card Network providers.  We do not sell or share this category of Personal Information to non-service providers. 
Internet or other electronic network activity information, including IP address, cookies and similar technology.  You, and your activity on our website. Depending on the type of information, sometimes through email communications.  To improve our website and your experience on it, including directing you to pages of most interest.  Service Providers providing email, website and customer service support, and who assist with marketing activities.  We do not sell or share this category of Personal Information to non-service providers. 
Interactions with website and web application user interfaces  You, and your activity on our website.  To improve our website and web application and your experience on it,  Service Providers that support our user interface and web analytic activities.   We do not sell or share this category of Personal Information to non-service providers. 
Educational Information and Sensitive Characteristicssuch as your gender, age range, race or other Protected Classifications under applicable law  You  To collect demographics or to process your application to work with us.  Service Providers that support our human resources activities  We do not sell or share this category of Personal Information to non-service providers. 
Professional Information, such as your employer, job title or professional certifications  You or your employer, business intelligence and analytics providers.  To process sales, provide a tailored customer experience and support the application process when you apply for a job with us.  Service Providers providing email, website and customer service support, and where applicable, that support our human resources activities  We do not sell or share this category of Personal Information to non-service providers. 

Security

We take your privacy seriously and employ information protection controls in keeping with industry standards and practices to safeguard your information. To help protect your Personal Information, we maintain physical, technical and administrative safeguards that follow generally accepted standards to protect your Personal Information from misuse, interference and loss, as well as from unauthorized access, modification or disclosure. The ways we do this include:  

  • Using encryption when collecting or transferring sensitive information, such as credit card details;
  • Limiting physical access to our premises;
  • Limiting access to the information we collect about you;
  • Training our employees on the importance of confidentiality, privacy and security;
  • Ensuring that we and our business partners have appropriate security safeguards to keep Personal Information secure, including regular security testing; and
  • Where required by law, destroying or de-identifying Personal Information.

No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.  You are responsible for choosing a secure password when you create an account to access our platform.  We encourage you to keep any passwords you use confidential and to choose a password that you do not use on any other platform or website.  Be careful to avoid “phishing” scams, including where someone may send you an email that appears to be from Upshop asking for your Personal Information.  We will not request your ID or password through email. 

A copy of our written Information Security Plan is available upon request – contact us at privacy@upshop.com to request a copy. 

Data Retention

We will retain your Personal Information only for as long as your account is active or as needed for the purposes for which it was collected, including to provide you with our products and services.  This retention will continue in accordance with our retention practices and legal requirements as necessary, for example, to comply with our legal obligations, resolve disputes, and enforce our agreements.  We may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes. 

Your Communication Preferences

You can change your communication preferences, including opting out of all marketing communications, at any time. You may use either of the following options to express and manage your preferences: 

  • If you wish to stop receiving any of our email updates, you may unsubscribe by following the unsubscribe instructions included in each promotional email; or 
  • Email your request to privacy@upshop.com.

We conduct our marketing activities, including those conducted by any third parties on our behalf, in accordance with applicable laws, and include (where applicable) methods to allow you to express your preferences. We promptly record any request for changes to your communication preferences in our internal customer databases. Please allow 15 business days for these changes to take effect. 

If you opt out of receiving marketing communications, we may still communicate with you in connection with transactions you request and/or service-related matters. 

Your Privacy Choices and Rights 

Access and update your information 

We want to help you keep your Personal Information accurate.  To access, correct, change, update or delete your Personal Information, make a request by contacting privacy@upshop.com.

California site visitors and customers 

In accordance with the requirements of the California Consumer Privacy Act, as amended, you may have certain rights in relation to your Personal Information.  These rights may include the rights to:

  • Access and receive a portable copy of your Personal Information;
  • Delete your Personal Information (subject to certain limitations under applicable law);
  • Receive information about our use of your Personal Information;
  • Be free from discrimination in response to exercising these rights conferred by law; and
  • Direct that your Personal Information not be sold. 
  • Direct that your Personal Information not be shared for targeted advertising purposes.

In addition, California residents are entitled to request and obtain from us once per calendar year information regarding the disclosure of your Personal Information, if any, with other businesses for their own direct marketing use. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which such information was shared in the immediately prior calendar year.  Please note that we do not share your Personal Information with any third parties for their own marketing purposes.

To exercise any of these rights, please make a request by contacting us at privacy@upshop.com.   While we will make reasonable efforts to accommodate your request, we reserve the right to reject such access requests or to impose restrictions or requirements upon such requests, including if applicable confirmation of conferred authority for any requests made by authorized agents, if required or permitted by applicable law.

Other U.S. state privacy rights 

A number of other U.S. state laws provide some or all of the privacy rights provided under California law.  We honor all such data rights and comply with each relevant state’s privacy and data protection laws. 

To exercise any of these rights, please make a request by contacting us at privacy@upshop.com.   While we will make reasonable efforts to accommodate your request, we reserve the right to reject such access requests or to impose restrictions or requirements upon such requests if required or permitted by applicable law. 

EU, UK and Swiss data protection rights 

Where the processing of your Personal Information is subject to EU, UK or Swiss data protection laws, you have the following data subject rights. Please note that these rights are not absolute and in certain cases are subject to conditions as specified in applicable law.

  • Access: Request access to your Personal Information;
  • Rectification:  Request correction of your Personal Information;
  • Erasure: Request erasure of your Personal Information; 
  • Objection: Object to some processing of your Personal Information;
  • Restriction: Request restriction of processing of your Personal Information;
  • Portability: Request the transfer of your Personal Information to you or to a third party;
  • Withdrawal of Consent: Withdraw your consent to processing your Personal Information; or
  • Automated Decision-Making: The right not to be subject to having a decision made about you that is based solely on automated processing if that decision produces legal or similarly significant effects concerning you.

In addition to the above, you have the right to lodge a complaint with a supervisory authority if you consider that our processing of your Personal Information infringes applicable data protection law. 

 If you have any questions about the type of Personal Information we hold about you, please send a written request to privacy@upshop.com or to the postal address provided at the bottom of this Privacy Policy.  If you wish to request deletion or correction of Personal Information we hold about you, or to exercise any other data subject right, please contact us at privacy@upshop.com.  While we will make reasonable efforts to accommodate your request, we reserve the right to reject such access requests or to impose restrictions or requirements upon such requests if required or permitted by applicable law. 

Children’s Personal Information 

Upshop takes children’s privacy seriously. We do not knowingly collect Personal Information from children through our Website. If you are a child as understood by laws of your country, please do not submit any Personal Information through our Website. 

Links to Third-party Websites and Services

Third parties control the content of all third-party websites that are linked to our Website.  These links are provided as a benefit to you. If you submit Personal Information to any third-party website through one of those links, the Personal Information you provide is governed by the third-parties’ privacy notices. We encourage you to carefully read the privacy notice of any site you visit.

Contact us

If you have any questions or comments about this Privacy Policy, our handling of your personal data more generally, your choices and rights regarding such use, or wish to exercise your rights under law, please contact us by email at privacy@upshop.com or by postal mail at: 

Upshop
7001 Burnet Road, Suite 301
Austin, TX 78757  

Toll-free number: +1 888 633 6417 

Changes to this Privacy Policy 

We may update this Privacy Policy periodically. When we do, we will revise the date at the top of the policy.  When we make significant changes, we will notify you on our homepage or via email or other communication.  Please come back and check this page from time to time for the latest information on our privacy practices.