Upside Privacy Policy

This Employee Privacy Notice (“Notice”) describes how we collect, use, retain, and disclose personal information about you. We have contractual relationships with third parties to provide transportation and related services to them, including with Amazon. The personal information we collect from you helps us manage our working relationship with you and the companies we provide services to.  We also use your personal information to support our safety programs and operations, for incident investigations, for employment purposes, and for other purposes as described in this Notice. If you are a resident of the State of California, additional information about our personal information protection practices and data subject rights that may be available to you in your jurisdiction is available at “Notice for California Residents,” below.

Who does this Notice cover?


This Notice covers all job applicants, independent contractors, emergency contact beneficiaries and other third parties. Unless stated otherwise, our current Notice applies to all personal information we have about you, including information we collect about you through third parties we work with or provide services to, such as Amazon. You should review this Notice frequently to see recent updates.


What personal information do we collect about you?


We may collect the following categories of personal information about you:

  • Applicant information, including qualifications, employment history, reference and background check information, demographic information, and drug and alcohol test results

  • Personal and emergency contact information

  • Government-issued identification information such as identification card or driver’s license 

  • Time and attendance records 

  • Financial and bank account information

  • Employee benefits and beneficiary information

  • Route data, road safety data, GPS data, and other data relating to the trips you take and locations you visit in connection with your engagement with us

  • Performance and operational workplace data, including data related to your compliance with road safety standards or requirements

  • Health data including workplace accident and illness information

  • Facial recognition information, such as using face geometry to verify your identity 

  • Geolocation and vehicle telematics information

  • Survey results, including but not limited to customer surveys

  • Internet or other electronic network activity information, such as browsing history, application usage, security and access logs, connectivity data, and other information you store on our electronic communications equipment and systems

  • Video and/or audio recordings and photographs, including camera safety systems or other in-vehicle camera based technologies

  • Information automatically collected through technologies you use when providing delivery services

  • Inferences drawn from the personal information collected

  • Any other information you choose to provide to us.


In some instances, we may use de-identified data. We will maintain such data without attempting to reidentify it or will treat it as personal information subject to applicable law.


We collect personal information directly from you and through technologies we ask you to use (including technologies provided by third parties we work with, such as Amazon). We may also receive information about you from other sources, including from service providers, customers, and government authorities such as law enforcement or local councils enforcing speeding or parking fines or investigating accidents. 


To the extent we collect or receive your personal information from a third party, the third party’s practices will be governed by its own privacy notice. Amazon’s data collection and use practices are described in its privacy notice. You can request a copy of Amazon’s privacy notice from us, or access it directly through the Amazon application you use to provide delivery services to Amazon.

For what purposes do we use your personal information?


We use your personal information to manage our employment relationship with you, to operate our business, to support and manage our working relationship with the companies we provide services to and their customers, to help ensure your safety and the safety of others, to facilitate and improve the services we provide, to comply with our legal and contractual obligations, and to protect us, you, and others. No mobile opt-in data will be shared, sold or rented to third parties for their marketing purposes


These purposes include:

  • Human resources administration, administering benefits programs, compensation, and collecting taxes

  • Providing support to you, our customers, and other delivery recipients, including to plan routes and track delivery or shipment progress, to manage contacts, and to manage or enhance our customers’ experiences

  • Recordkeeping and reporting legal obligations, including complying with legal obligations, enforcing or applying our contracts, or protecting our rights or property

  • Identifying and addressing fraud, theft, and other incidents

  • Training and performance management (including to assess your compliance with policies, service standards, and safety standards)

  • Enabling you to interact with your colleagues, our customers, delivery recipients, and other external parties, for example, using communication tools like in-app chat, text messaging, or email

  • Some information, such as performance-related and geolocation data, is used to operate our business and to support the companies we provide services to, including to provide status updates to shippers or delivery recipients

With whom do we share your personal information?


We share your personal information only as described below and with subsidiaries or affiliates that Upside Delivers LLC controls that are either subject to this Notice or follow practices at least as protective as those described in this Notice.


  • Third parties who provide services to us or to our customers, such as the companies that install or manage the technologies we ask you to use, survey companies, financial institutions, background check providers, and other service providers including payroll, occupational health, IT services, benefits administrators, insurance companies, and human resources. 

  • Companies we provide services to, including Amazon.  

  • Shippers and delivery recipients to support or improve the shipping or delivery experience.


These third-parties may use, share, and process your personal information in accordance with this Notice, but may not use it for other purposes except with your consent or as permitted or required by law.


We may share some of your personal information when we believe it is appropriate to comply with the law, to enforce or apply our contract with you or others, or to protect the rights, property, or safety of us, you, or others. For example, we may release some of your personal information to law enforcement, governmental agencies, or administrative authorities (including tax or social security authorities) for insurance claims, law enforcement requests, or in connection with investigations or legal proceedings. We may also disclose personal information to potential buyers (and their agents and advisors) in connection with any proposed merger, acquisition, or any form of sale or transfer of some or all of our stock or assets (including in the event of a reorganization, dissolution or liquidation); trade union representatives (if applicable); and other similar third parties where disclosure is required for an ordinary business purpose in connection with our provision of services.

Do we transfer your personal information to countries outside the country or region in which you work?


We may transfer your personal information to countries outside the country or region where you work, for example, when we or one of our service providers or customers uses employees or equipment in other countries.

How is your personal information secured?


Although we endeavor to safeguard your personal information using industry-standard practices and reasonable security controls, no method of electronic transmission or storage can be guaranteed completely secure. To help protect both your information and the integrity of our systems, please refrain from storing or transmitting extraneous personal content, such as personal photographs, financial account numbers, or health information, on Company-owned devices, applications, or networks. Introducing non-business-relayed personal information into our environment can increase the risk of exposure and impede our ability to maintain secure operations.

How long do we store your personal information?


We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We may retain personal information for a longer period of time if a long retention period is required or permitted by applicable law, as well as our records retention requirements and policies. In some circumstances we may anonymize your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.



Questions


If you have any questions about this Notice, wish to access this Notice in an alternate format or require an accommodation to access this privacy notice, or wish to make a complaint relating to the Company’s privacy practices, please contact us at: compliance@upsidedelivers.com.