UpBy5 is an online mental health care platform that aims to improve access to emotional and social assistance as well as timely detection of mental health symptoms. We value your privacy and have taken many efforts to secure your information while giving you control.


This privacy policy explains how we gather, utilize, disseminate, and keep the Personal Information you provide to us via the website and mobile app services that deliver the aforementioned services. Please read this Privacy Policy completely and carefully.


This Privacy Policy defines:

       The Private Information we obtain when you're using the Services;

       How we use and handle that Particular Information;

       What we may disclose with third parties;

       The confidentiality of your Private Details.


1. Acceptance of the Privacy Policy

You consent to the collecting and processing of your Private Details as outlined in this Privacy Policy when you provide your Private Information to or through the Website. You agree to the terms of this Privacy Policy and our Terms of Use while using the Website.


2. Effective Date and Modifications to Privacy Policy

The Implementation of this Privacy Policy can be seen at the top of the page. We reserve the right to amend this Privacy Policy at any time, and we will inform you of any modifications to this Privacy Policy if legally required. Updates to this page will be posted here and emailed to subscribers. By continuing to use the Services after the date Hereof, you are agreeing to the revised Privacy Policy. All earlier versions of the Privacy Policy are superseded by the new version.


3. Private Data We Gather

To deliver our Services to you, we need certain Private Information. Contact info such as your first and last names, email address, address, and mobile number, demographic details such as age, sex, race-ethnicity, language spoken, sexual preference, physical disabilities, and work status, details about your medical health history that you may submit while using or communicating through the Services, and data about how you connect with and use your device are all examples of Personal Information.  Private Details that have been categorized are not private info since they cannot be linked to a specific person.


Transcripts of Listening and Therapy Chats While we do not routinely monitor transcripts of talks between users Hearers and Counselors, if suspicious or possibly harmful behavior is found, we may analyze the chat transcripts to undertake quality control, resolve any safety problems, and prevent exploitation of our platform. We may also undertake research and development using aggregated data from conversation transcripts. Up By 5 will adhere to all relevant confidentiality/HIPAA/privacy requirements when examining this information.


You will not be able to access Services through Up By 5, communicate or converse with us, other members, counselors, or other healthcare professionals via the Services, or use the treatment exercises and programs provided on the Services if you do not supply your Private Information.

       Account Setup- We request for and access Confidential Information such as your name, a specific email address, mobile number, date of birth, and address when you create an account with us. This data is required in order for us to cater to you with the Services.

       Paid Services- Private details such as billing information, address, and credit card information will be gathered to handle payment if you buy paid services such as treatment or other upgrades.

       Listener and Therapist Applicants- If a person wants to apply to be a Listener or Therapist on UpBy5' Listening Platform, they must provide Personal Information as required. UpBy5 will keep any Private Information provided by or on behalf of a user for the purpose of becoming a Listener or Therapist. Please be aware that Listeners and Therapists may be subject to extra privacy rules from UpBy5. When an applicant seeks to be a Listener or Therapist or otherwise accesses his or her account, such conditions will be offered.

       Mental Health Services- When you use our Services to get mental health care when you contact or converse with us, counselors, or other health care professionals via the Services, or when you use the treatment exercises and programs offered on the Services, we gather your Personal Information.

       Public Forums, Chats, or Other Features- You may share your private data with other Users, such as peers and other users who engage in chat, discussions, or other non-private venues, depending on how you engage with the Services. Anything that users publish in the public forums, chat rooms, or other features will be available for public viewing and may not be able to be removed. As a result, UpBy5 strongly advises against publishing any Personal Information in these locations, and it is your obligation to avoid disclosure Of Personal information in such non-private locations.

       Log Data- We keep, analyze, and communicate information on how you use our Services in order to engage, instruct, and recommend behavioral activation techniques to you when you use our Services.

       Surveys- We may gather private data from users via surveys from time to time. This data is used to better the quality of our services and the information on our web pages.

       Assessments- UpBy5 will periodically present you with the chance to analyze your emotional wellbeing via surveys in which you will be required to supply Personal Information. It is entirely up to you whether or not to take part in these evaluations; failing to do so will not prohibit you from taking advantage of any other component of the Services provided.

       Propositions for Information, News, and Other Content- You can sign up to get data, updates, as well as other content about new and existing goods and services linked to UpBy5's Sites, UpBy5's Listening Platform, and events, as well as other UpBy5-related information. You will be requested to supply Private Information to receive such information.

       Technical Support Requests- If you want technical assistance relating to UpBy5' services, you must first fill out a form that defines and clarifies your tech support request. You will be required to supply Personal Information, such as an email id and a description of the problem when making a technical help request. When you reach us, we maintain a record of your email and chat discussions so that we can address and fix any issues you may have.

       Browser Information and Cookies-  When you visit UpBy5's Site or use UpBy5' Listening Platform, we use browser information, cookies, and pixel tags to decide what data or information should be shown on your browser. To determine how you arrived at UpBy5's Site or Listening Platform, to decide whether you are a return visitor, to help us to improve our products and services, for quality management and training sessions, to help identify issues with our servers, to collect broad relevant data, to govern and optimize our services, and for other legal purposes, we may use web information, cookies, and pixel tags. For further details, please see the Cookies section below.


Users can request a copy of their own Private Data held by UpBy5, as well as the cancellation of their account and any related Personal Information. In some cases, we retain the right to restrict a User from using such rights, as authorized by law. For instance, if the user in issue has violated the Terms, caused injury or exploited our Services, or has had a detrimental impact on other users. In this instance, we reserve the right to store part of your Private Data in order to offer our users improved security and safety.


1. Cookies and Other Tracking Technologies

When you visit some websites, smaller files, usually consisting of letters and numbers, are downloaded into your computer or mobile device.


How We Use Cookies- We utilize first-party and third-party cookies: to ensure that our Services work correctly; to provide a safe internet experience while using our Services; to gather passive data about your utilization of our Services; to help us enhance our Services and to recollect your preferences for your convenience.


2. Types of Cookies on Our Services

On our Services, we utilize the following kinds of cookies:

       Strictly Necessary Cookies- These cookies are required for you to be able to navigate and utilize our Services. Strictly essential cookies, for example, allow you to access secure sections of our Services. Some services cannot be delivered without these cookies. These cookies do not collect information about you for the purpose of marketing. This type of cookie is required for the operation of our Services and cannot be deactivated.

       Functional Cookies- We utilize functional cookies to retain your preferences so that we can adjust our Services to provide you with more tailored features and content. Cookies can be used to store your name or interests on our Services, for instance. Functional cookies are not used to target you with internet marketing. While these cookies can be deactivated, you may notice a reduction in functionality when using our Services.

       The performance or Analytic Cookies- These cookies gather anonymous information about how you are using our Services, such as which websites you visit and which links you click. Such cookies gather the information that we use to develop and optimize our Services. These cookies are not used to target you with internet marketing. These cookies can be turned off.

       Third-Party Cookies- These cookies are set by third-party service providers and fall into one of the cookie categories listed above. These third-party contractors handle your Personal Details on our behalf and in accordance with this Privacy Policy's instructions and requirements.

3. How to Manage Cookies

You'll need to perform the following actions depending on whether you want to manage a first-party or third-party cookie:

       First-Party Cookies- Our cookies can be enabled, disabled, or deleted using the browser you use to access our Services. To do so, simply follow your browser's instructions. Please be aware that if you disable cookies in your browser, you may not be able to access secure sections of our Services, and/or elements of the Services may not function correctly.

       Third-Party Cookies- Using the procedures outlined above, you may easily block third-party cookies in modern browsers.


Pixel Tags

Pixel tags are also used across our Services. Pixel Tags are tiny visual pictures inserted in a web page or email for the purpose of tracking web page activity or determining whether or not a person has opened or accessed an email. A pixel tag can be configured to track the browser and computer it was seen on, whether that browser contains cookies from the pixel tag's server, and if the web page or email with the pixel tag was shared or duplicated.


Why We Collect Your Personal Information

Private Details that we gather about you may be used for a variety of purposes, including:

       to offer, operate, and enhance our services

       To keep you informed about our services and promotions;

       To secure the safety of the network and the information it contains;

       To assist customers and answer their questions; and

       To ensure the safety of you, us, and other users.


Personal Information We Share

Personal Information may be shared and disclosed in the following ways:

       Third-Party Service Providers Performing Services on Our Behalf-Personal Information is shared with some third-party service providers that support us in delivering quality services and are bound by confidentiality obligations. Third parties may be used to host the Services, provide email updates about the Services, provide daily operations, financial services, quality control, data integration, or delete repetitious data from our user lists, for example.

       Therapists- We may share your personal information with your counselor to allow and facilitate care if you choose to consult with a qualified therapist through UpBy5.

       Healthcare Providers- We may share Personal Information with your healthcare professional to support care if you were referred to the Services in the form of a treatment plan by your primary care provider.

       For Legal Purposes- We may release your Personal Information in response to a subpoena, law, enforceable order of a data protection service, judicial system, governmental request, or other legislative or regulatory procedure. We may also disclose your Personal Information if we believe it is necessary to pursue relevant remedies or reduce the amount of harm we may suffer.

       Welfare Assurance- If it is reasonably assessed that your safety or the safety of others is in jeopardy, we may disclose your Personal Information to law enforcement or local authorities.

       Business Transfer-  We may transfer your Personal Information to the succeeding owner or operator of the Services in the case of a merger, reorganization, absorption, restructuring, insolvency, sale of basically all interests or operations, or other similar transaction.

       Anonymized Data-  In accordance with relevant legislation, we may de-identify your Personal Information and combine it with the de-identified data of other users. Personal Information is no longer considered when anonymized, aggregated data is used. The sponsors of programs that support your access to the Services, such as government health organizations, researchers, or healthcare practitioners, may subsequently share such anonymized aggregated data with us. We think that global mental health is a team effort at UpBy5. Sharing anonymized data is critical in assisting UpBy5. users and people across the world in better understanding and managing their mental health while preserving a high level of privacy and anonymity for individuals.


Security of Your Personal Information

To preserve the security of information provided through the Services, we use reasonable security measures. The information transferred on the Internet, on the other hand, can never be considered to be secure. If a security breach is detected, we may stop your use of the Services without notice pending an investigation to safeguard you and your Private Details.

       Your Responsibilities- Users of the Services are responsible for keeping any password, user ID, or another form of verification used to gain access to password-protected or secure parts of the Services safe.

       Unauthorized Access-  Only authorized users to have access to and usage of password-protected and/or secure sections of the Services. It is forbidden to gain unauthorized access to such places or information.

       Encryption and Firewalls- During transmission, all information is encrypted, including conversation transcripts and personal information. For such transactions, we employ industry-standard Secure Socket Layer (SSL) encryption. All data gained is stored in an encrypted way on secure servers. Multi-layered security mechanisms, such as firewalls, encrypting, role-based access controls, and passwords, secure access to stored data.


Retention Period

Unless a longer retention term is necessary or authorized by law, we will keep your Private Data for as long as your profile or account is operational, or for as long as it is needed to accomplish the objectives mentioned in this Privacy Policy. Up to a year's worth of private communications are saved. For up to 30 days, group communications are saved. Community administrators decide whether or not to keep posts on discussion boards. If your account is active, UpBy5 will retain your user account and related Personal Information. UpBy5 reserves the right to delete Personal Information associated with dormant accounts after a period of inactivity of more than one calendar year.


1. Links to Other Sites

The Services may include links and plugins to third-party websites and services with which we have no association. A link to a third-party service does not imply that we recommend it or the quality or reliability of the information it provides. You are subject to the privacy policies and practices of any Third Party Services you visit, not this Privacy Policy. We strongly advise you to read the legal and privacy notices of any other digital services you use. It is against the rules for users to request offsite communication with other users. If a user is caught initiating off-site interaction, UpBy5 retains the right to delete that user's account immediately.


2. Nondiscrimination

In all of its activities or operations, UpBy5 does not and will not discriminate on the basis of race, color, religion (creed), sexual, gender expression, age, nationality (origin), handicap, family status, gender preference, or military status.


3. Children's Data

UpBy5 conforms with the Children's Online Privacy Protection Act, and users must be at least 18 years old to utilize our site and services. Children between the ages of 13 and 17 may only use our Services with parental permission. If we learn that a child under the age of 18 (or between the ages of 13 and 17 without parental agreement) has given us Personal Information, we will take measures to remove it from our records. Separately, a child under the age of 18 may request that information they have posted on our Site or Services be deleted, which can be done through anonymization.


4. Therapists as Mandated Reporters

Reporters, therapists are required. Because of their occupation, they are legally obligated to report any indicators of child or vulnerable adult abuse to authorities. Members, on the other hand, cannot be forced to provide any Personal Information. Adults in treatment contribute Personal Information, which is only shared with the therapist if they or someone else is at risk.


5. International Transfer

UpBy5 may store, transmit, and otherwise process your Private Information in countries other than your home country, including the United States and maybe other countries, as a worldwide organization. Such nations' data protection rules may be less protective than those in the jurisdiction where you live. You should immediately discontinue accessing or using the Services if you do not want your information moved to, processed, or kept outside of the particular jurisdiction where you are situated. Please see the part below headed Notice to Individuals in the European Economic Area, the United Kingdom, and Switzerland.


5. Notice to Individuals in the European Economic Area and Switzerland

This section only applies to individuals using our Services who are situated in the European Economic Area, the United Kingdom, and/or Switzerland at the time of data collection.


When you use or access certain of the Services, we may ask you to identify which nation you are in, or we may depend on your IP address to determine which country you are in. We cannot apply the conditions of this section to anybody who masks or otherwise conceals their geolocation data from us so that they do not appear to be situated in the Specified Countries when we count on your IP address.


Our Relationship to You

With respect to any Personal Information obtained from Users of its Service, UpBy5 is the data controller. A data controller is an entity that defines the reasons for which personal information is processed and how it is handled. Our service providers and data processors are any third parties who handle your Personal Information in line with our instructions.


Legal Bases for Processing Personal Information.

Throughout this Privacy Policy, we describe our processing reasons. The following is a list of the objectives listed in our policy, together with the legal basis for processing. In general, we rely on the following legal bases to process your personal information: necessity to bring out our liabilities arising from any agreements we managed to enter with you or to take some steps at your request just before signing a contract with you; your assent to the handling; gratification of our legal requirements; precondition to protect your core interests; a need to function in the interest of the public; or for our sovereign rights as defined in those sections.


Marketing-  We will only contact persons in the Specified Areas by electronic methods (such as email or SMS) if it is in our legitimate interests, as authorized by law, or if the subject has given their consent. We will only give you information about our Services that are similar to those that were the subject of a previous sale or negotiation of a sale to you if we depend on legitimate interest. You have the right to object to marketing and advertising at any time and at no fee.


Transfer of Your Personal Information- Your Personal Information is transferred with suitable measures in place, as authorized by applicable data protection legislation. Your Personal Information will be transferred out of the Designated Countries if it is required for the fulfillment of a contract between us or for substantial reasons of public interest. We may also employ legal transfer procedures like Standard Contractual Clauses or collaborate with US-based third parties who are certified under the EU-US and Swiss-US Privacy Shield Frameworks.


Individual Rights. We make every effort to keep your Personal Information accurate, full, and up to date. You have the right to view, amend, or delete the Private Data received about you in certain circumstances. You have the right to restrict or object to the continuing processing of your Personal Information under certain circumstances. You have the right to obtain your Private Data in a structured and standard manner, as well as the right to have your Private Details communicated directly to a third party if technically and legally practicable.


Please notify us at the contact information below if you feel we have violated or breached your personal privacy under applicable law or our Privacy Policy. We will work with you to remedy any concerns. Related to the processing of your Private Details, you may also file a complaint with the appropriate data protection authorities.


When we get rights of individuals' requests from you, we may attempt to authenticate your identity in order to safeguard the security of your personal information. Individual rights requests may be limited in the following circumstances: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on others' privacy; (c) to stand up for our rights and assets; or (4) where the proposal is frivolous or strenuous.


Your California Privacy Rights

People in the state of California who will provide certain types of Personal Data in order to obtain products or services for individual, relatives, or domestic use have the right to request and receive information from us once a calendar year about the types of Personal Data we disclosed, if any, with other enterprises for their own direct marketing purposes. We do not disclose personal information with other firms for marketing purposes as a matter of policy.


Do Not Track

At this time, the Services do not implement Do Not Track for the Services. Do Not Track is a privacy choice that you can activate in your web browser to signal that you would not want specific information about your webpage visits to be shared between websites when you have not acted with the service on the page.