Privacy Policy, Disclaimer and Terms of Service

Who we are

​This website is owned by Scaleup Enterprises LLC.

By viewing this website and/or any of its contents, you represent that you are agreeing to accept this Disclaimer; you are also agreeing to be bound by and abide by the Terms of Service; and you are agreeing to accept the Privacy Policy.

Our website address is: https://www.scaleupcheckup.com.

Introduction

ScaleUP Enterprises LLC (“ScaleUP”, “we”, or “us)” cares about the privacy of your personal information and is committed to protecting it. This Privacy Policy (the “Policy”) explains what information we collect about you and why, what we do with that information, and how we handle that information.

For the purposes of the applicable data protection laws (the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), together with any implementing legislation, in particular, the Data Protection Act 2018), the company responsible for your personal information is ScaleUP. This Policy applies to information obtained by us through your use of the information, software, products and services made available through the www.scaleupcheckup.comand www.scaleupcheckup.net websites (the “Websites”).

Collection of your Personal Information

ScaleUP collects information that, alone or in combination with other data, could be used to identify you (the “Personal Information”), such as your e-mail address, name, physical address, telephone number, or employment information. If you make a purchase from ScaleUP, we will collect and store your billing and credit card information. ScaleUP may also collect anonymous demographic information which is not unique to you, such as your zip or postal code, age, gender, preferences, interests and favorites (the “Non-Personal Information”). Note that Non-Personal Information is not linked to your Personal Information.

ScaleUP will collect your Personal Information in a number of ways, including when you contact us through the Website, by telephone, by mail, by e-mail, or through other contact avenues.

Information you provide when you register for an account

When you completed the ScaleUP assessment, or otherwise registered with us, you voluntarily give us certain Personal Information, including your:

  • name and e-mail address.
  • Phone number
  • As applicable, billing information, if you make a purchase or pay subscription fees. This is required to complete a commercial transaction on the Website.

Other information we collect

We also collect this Personal Information as you use the Websites:

  • User Content. This consists of all text, documents, content or information uploaded, entered, or otherwise transmitted by you in connection with your use of the Websites.

 Automatically collected information

When you visit ScaleUP’s Websites, we automatically collect information about your computer hardware and software such as your IP address, browser type, domain names, access times, operating system, cookie information, referring website addresses, pages visited, links clicked, text entered, mouse movements, and Internet Service Provider. We analyze and use this information to better understand how our users use the service, to maintain and improve our service, and in some cases, to publicly disclose aggregated statistics regarding our services. 

Use of your Personal Information

ScaleUP collects and uses your Personal Information as necessary to perform our contract with you and for our legitimate business interests, including to:

  • operate the Websites and deliver the services.
  • communicate with you about the services you use, as well as respond to requests for assistance, including account verification support if you’ve having difficulty accessing your account. ScaleUP will send a welcome email following registration to all users. We also periodically send service updates to registered users.
  • display user content associated with your account and make sure it is available to you when you use our services.
  • understand and improve how our users use and interact with our services.

When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract. When we process any payment made by you, we process your Personal Information to prevent or detect fraud, including fraudulent payments and fraudulent use of the Websites. The legal basis for this processing is compliance with our own respective legal obligations.

We will never sell, spam, or otherwise misuse your personal information.

Storage of Personal Information

Unless a longer retention period is required or permitted by law, we will only hold your Personal Information on our systems for the period necessary to fulfil the purposes outlined in this Policy, or until you request that the information be deleted in accordance with your right of erasure (see “Your rights” section below).

Even if we delete your Personal Information, we reserve the right to maintain a copy for legal, tax or regulatory purposes, but in such event, we will do so only as long as necessary to fulfil those legal, tax or regulatory purposes. Please contact info@scaleupcheckup.com for more information.

Personal Information access and disclosure

We will only disclose Personal Information to third parties:

  • when we use vendors, lawyers and service providers to assist us in meeting business or operating needs, such as providing legal services, hosting our Websites, communicating with users, delivering and improving our services, e-mail communication, invoicing and payments, customer support services and analytics. These service providers may only access, process or store Personal Information pursuant to our instructions and to perform their duties to us, and in accordance with applicable laws and regulations; or
  • when we have your explicit consent to share your Personal Information; or
  • when we determine that disclosure is required to protect the rights, property, or personal safety of ScaleUP and users of the Websites, or to respond to lawful subpoenas, warrants, or requests by public or regulatory authorities, including requests by law enforcement authorities; or
  • if we sell some or all of our business or assets, we may disclose your Personal Information to the prospective seller or buyer of such business or assets, and if the transaction closes, then your Personal Information may be transferred to the buyer.

We may disclose Personal Information to a member of our group, which means our ultimate holding company (ScaleUP Enterprises LLC) and its subsidiaries, as defined in section 1159 of the Companies Act 2006.

Use of cookies

The Websites use “cookies” to help you personalize your online experience. A cookie is a text file that is placed by us or our remarketing partners on your hard drive by a web page server. Our cookies do not run programs or deliver viruses to your computer. Cookies are uniquely assigned to your computer, and can only be read by a web server in the domain that issued the cookie to your computer.

One of the primary purposes of cookies is to provide a convenient feature to save you time. The cookie tells the server that you have returned to a specific page. For example, if you personalize the Website pages, or register with the Websites, a cookie helps the Websites recall your specific information on subsequent visits. This simplifies the process of recording your Personal Information, such as your billing address or site preferences. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the Website features that you customized.

If you want to check or change what types of cookies you accept, this can usually be done within your browser settings. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.

How to reject cookies

If you do not want to receive cookies, you can usually choose to opt-out by modifying your browser settings to decline them. If you choose to decline cookies, you may not be able to access all or parts of, or to fully experience the interactive features of, the ScaleUP services or web pages you visit.

For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. The site also provides details on how to delete cookies from your computer.

Data security & integrity

ScaleUP is committed to taking reasonable and appropriate steps to protect the Personal Information that we hold from misuse, loss, or unauthorized access. We do this by using a range of technical and organizational measures including measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorized access to your personal information, please let us know immediately.

The Websites are designed to secure the Personal Information you provide on computer servers in a controlled, secure environment, with protections from unauthorized access, use or disclosure. 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 Socket Layer (SSL) protocol.

However, while we do our best to protect your Personal Information, we cannot guarantee the security of all data which is transmitted to the Websites or to another website via the internet or similar connection. If we have given you (or you have chosen) a password to access certain areas of the Websites, please keep this password safe.

Your rights

Under the GDPR, if it applies to you (which would only be the case if you are traveling or living in the EU) you have various rights in relation to your Personal Information, such as the rights of access, rectification, restriction, objection, portability, and erasure. Please note that these rights are subject to certain limitations set forth in applicable law.

To exercise these rights, please contact us. We will seek to deal with your request without undue delay, and in any event in accordance with the requirements of applicable laws. Please note that we may keep a record of your communications to help us resolve any issues you raise.

You also have the right to lodge a complaint with your local supervisory authority if you believe we have failed to meet our obligations regarding your Personal Information. 

Children

We do not intend to solicit or collect Personal Information from anyone under the age of 18. If you are under 18, do not enter information on these Websites or engage our services. If you believe a child or yours under the age of 18 has entered Personal Information, please contact us to have the data removed and terminate the child’s account.

For Educational And Informational Purposes Only

The information contained on this Website and the resources available for download through this website are for educational and informational purposes only. ​

Not Legal Or Financial Advice

The information contained on this Website and the resources provided through this website and the services hereunder are not intended as, and shall not be understood or construed as, legal or financial advice. The information on this Website is not a substitute for legal advice from a licensed attorney who is aware of the specific facts and circumstances of your individual situation.

We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Our blog, website, newsletter and other forms of communication contain general information about legal and related matters. The information is not legal advice and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

Neither Scaleup Enterprises LLC nor any of its attorneys shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent advice from a licensed professional who is familiar with your situation.

No Attorney-Client Relationship

​Your use of this Website — including implementation of any suggestions set out in this Website and/or use of any resources available on this Website — does not create an attorney-client relationship between you and Scaleup Enterprises LLC or any of its team members.

Not Intended As Legal Advertising

The hiring of a lawyer is an important decision that should not be based solely upon written information about qualifications and experience. Scaleup Enterprises LLC has endeavored to comply with all known legal and ethical requirements in compiling this World Wide Web site. Scaleup Enterprises LLC does not desire to represent clients based upon their review of any portions of this World Wide Web site that do not comply with legal or ethical requirements.

User’s Personal Responsibility 

By using this Website, you accept personal responsibility for the results of your actions.  You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgement and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

No Guarantees​

​You agree that Scaleup Enterprises LLC has not made any guarantees about the results of taking any action, whether recommended on this Website or not. Scaleup Enterprises LLC provides educational and informational resources that are intended to help users of this website succeed in business and otherwise.  You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Scaleup Enterprises LLC.

Errors And Omissions

You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action.  You expressly agree not to rely upon any information contained in this website.

​Email Policy

We will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

Please remember that internet e-mail is not secure and you should avoid sending sensitive or confidential internet e-mail messages unless they are adequately encrypted.

Outside Links​

This Website contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that Scaleup Enterprises LLC sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

Moreover, Scaleup Enterprises LLC does not guarantee the veracity of any information contained on website or resources available via various links found on this Website.​  Scaleup Enterprises LLC does not control the information contained on the website accessible via these links.

No Warranties

SCALEUP ENTERPRISES LLC MAKES NOT WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. SCALEUP ENTERPRISES LLC FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, SCALEUP ENTERPRISES LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

​Testimonials

​At various places on this Website, you will find testimonials from clients and customers of the products and services offered on this Website. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website. Although these testimonials are truthful statements about results obtained by these clients and/or customers, they are not a guarantee of results that will be obtained by any other or future clients and/or customers.

Limitation of Liability

You agree to absolve Scaleup Enterprises LLC of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this Website and/or the resources you may download from this Website. You agree that Scaleup Enterprises LLC shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages for use of this website. 

Contact Information

Should you have any questions about this Disclaimer, you can contact Scaleup Enterprises LLC at info@scaleupcheckup.com.

Terms of Use

​The following Terms of Use govern the use of this website.

Agreement between user and Scaleup Enterprises LLC

Welcome to www.Scaleup Enterprisesllc.com (the “Site”). The Site is comprised of various web pages operated by Scaleup Enterprises LLC (“Scaleup Enterprises LLC”). It is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

As set forth in the Disclaimer, the information provided on the Site is for educational and informational purposes only. The information is not intended as, and should not be understood as, legal advice.

Privacy

Your use of the Site is subject to Scaleup Enterprises LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Electronic Communications

Visiting the Site or sending emails to Scaleup Enterprises LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Scaleup Enterprises LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Links To Third Party Sites And/Or Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Scaleup Enterprises LLC and Scaleup Enterprises LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Scaleup Enterprises LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Scaleup Enterprises LLC of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.Scaleup Enterprisesllc.com domain, you hereby acknowledge and consent that Scaleup Enterprises LLC may share such information and data with any third party with whom Scaleup Enterprises LLC has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

No Unlawful Or Prohibited Use And Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the site and the resources available for download from the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Scaleup Enterprises LLC that you will not use the Site or any of the resources available for download from the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or any of the resources available for download from the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Scaleup Enterprises LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or any of the resources available for download from the Site. Scaleup Enterprises LLC content is not for resale. Your use of the Site or any of the resources available for download from the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Scaleup Enterprises LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Scaleup Enterprises LLC or our licensors except as expressly authorized by these Terms.

Materials Provided To The Site Or Posted On Any Scaleup Enterprises LLC Web Page

Scaleup Enterprises LLC does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Scaleup Enterprises LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Scaleup Enterprises LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Scaleup Enterprises LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Scaleup Enterprises LLC Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Scaleup Enterprises LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Scaleup Enterprises LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Scaleup Enterprises LLC in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SCALEUP ENTERPRISES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SCALEUP ENTERPRISES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SCALEUP ENTERPRISES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCALEUP ENTERPRISES LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SCALEUP ENTERPRISES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination And/Or Access Restriction

Scaleup Enterprises LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without prior notice.

Changes to Terms

Scaleup Enterprises LLC reserves the right, in its sole discretion, to change the Terms under which www.ScaleupEnterprisesllc.com is offered. The most current version of the Terms will supersede all previous versions. Scaleup Enterprises LLC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Scaleup Enterprises LLC welcomes your questions or comments regarding these Terms of Use. info@scaleupcheckup.com or 1-866-724-0085.

Updated March 6, 2019