Collection of your Personal Information
In order to better provide you with products and services offered, 1UP USA may collect personally identifiable information, such as your:
• First and Last Name
• Mailing Address
• E-mail Address
• Phone Number
If you purchase 1UP USA's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
1UP USA may also collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
• 1UP USA offline or through any other means, including on any other website operated by 1UP USA or any third party; or
• Any third party, including through any application or content (including advertising) that may link or be accessible from or through the Website.
Use of your Personal Information
1UP USA uses information that we collect about you or that you provide to us including any personal information:
• To present the Website and its content to you.
• To provide you with information, products, or services that you request from us.
• To operate and deliver the services you have requested.
• To inform you of other products or services available from 1UP USA and its affiliates.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to the Website or any products or services 1UP USA offers or provides through it.
• In any other way 1UP USA may describe when you provide the information.
• For any other purposes with your consent.
Sharing Information with Third Parties
1UP USA does not sell, rent, or lease its customer lists to third parties.
1UP USA may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to 1UP USA, and they are required to maintain the confidentiality of your information.
1UP USA may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on 1UP USA or the site; (b) protect and defend the rights or property of 1UP USA; and/or (c) act under exigent circumstances to protect the personal safety of users of 1UP USA, or the public.
1UP USA may disclose your information to: (a) fulfill the purposes for which you provide it; (b) for any other purpose disclosed by us when you provide the information; or (c) with your consent.
Tracking User Behavior
1UP USA may keep track of the websites and pages our users visit within 1UP USA or the Website, in order to determine what 1UP USA services are the most popular. This data is used to deliver customized content and advertising within 1UP USA to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by 1UP USA. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the 1UP USA website.
The 1UP USA website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize 1UP USA pages, or register with the Website or services, a cookie helps 1UP USA to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Website, the information you previously provided can be retrieved, so you can easily use the 1UP USA features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the 1UP USA services or websites you visit.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
1UP USA secures your personal information from unauthorized access, use, or disclosure. 1UP USA uses the following methods for this purpose:
• SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights, visit [California Residents Privacy Notice] . California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights please email 1UP USA at email@example.com. To appeal a decision regarding a consumer rights request, if you are a Colorado, Connecticut, or Virginia resident, you must submit a written appeal request to 1UP USA at firstname.lastname@example.org within thirty (30) days of receiving a decision on a consumer rights request. The subject line of the email shall state “Appeal Request of Consumer Rights Decision.” Within sixty (60) days (if you are a Connecticut, Virginia resident) or forty-five (45) days (if you are a Colorado resident) of receiving your appeal request, 1UP USA shall respond to you in writing at your primary email address disclosing any action it has taken or not taken in response to your appeal request as well as provide you with an explanation for the decisions. If the appeal is denied and you are a Virginia resident, you may submit a complaint to the Virginia Attorney General’s office by visiting the Virginia Attorney General’s website and following the procedure set forth for filing a complaint.
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: email@example.com. However, please know we do not currently sell data triggering that statute's opt-out requirements.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent.
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Sixteen
The Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. 1UP USA does not knowingly collect personally identifiable information from children under the age of 16. If you are under the age of 16 do not register an account on the Website, make any purchases through the Website, or provide any information about yourself to 1UP USA, including your name, address, telephone number, email address. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a minor child under 16, please contact us at firstname.lastname@example.org.
From time to time, 1UP USA may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from 1UP USA, you may opt out of such communications by clicking the unsubscribe button at the bottom of our emails.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
1UP USA welcomes your questions or comments regarding this Statement of Privacy. If you believe that 1UP USA has not adhered to this Statement, please contact 1UP USA at:
1UP USA.Com LLC
1005 Commercial Drive
Dickeyville, Wisconsin 53808
Effective as of May 23, 2023