Upward Projects Privacy Policy

Effective: May 6, 2025

Contents

• Scope of This Policy

• Agreement to Terms

• Personal Information We Collect

• Cookies

• Children’s Privacy

• Our Use of Personal Information

• Our Disclosure of Personal Information

• Your Privacy Choices

• Security

• Links to Other Websites

• Effective Date and Changes to This Privacy Policy

• Appeals Process

• How to Contact Us

• Additional Disclosures for Residents of California

• Additional Disclosures for Residents of Colorado

• Additional Disclosures for Residents of Texas

Scope of This Policy

Upward Projects Holdings, LLC (“Upward Projects,” “we,” “us,” “our”) respects your privacy and values your trust. The purpose of this Privacy Policy is to inform you of the treatment and handling of personal information that we may learn about you from using our websites at https://upwardprojects.com/, https://www.postinowinecafe.com/, https://churnaz.com/, https://www.federalpizza.com/, https://www.joyridetacohouse.com/, https://windsoraz.com/, https://www.postinowinecult.com/ (collectively, the “Site”), from using our mobile application Postino Wine Cult (the “App”) (available at the App Store and Google Play Store), from purchasing products and services from us or engaging with our content, or by use of any of our services, including receiving texts, emails, or phone calls (collectively, the “Service”). If you have any questions regarding this information or our privacy practices, please contact us via the methods set out in the How to Contact Us section at the end of this Privacy Policy. For purposes of this Privacy Policy, the term “personal information” is used throughout; however, in certain jurisdictions, the term “personal data” is used; both terms refer to the same concept, as defined by applicable laws. 

Agreement to Terms

If you do not agree with the terms of this Privacy Policy and our Terms of Use, then you should immediately discontinue use of the Service without providing us with any personal information. 

Personal Information We Collect

We may collect the following categories of personal information (a) directly from you (such as when you create an account, place an order, or contact us, (b) from the device and browser that you use to access the Service, (c) from cookies and similar tracking technologies, or (d) from third-parties (such as our advertising partners, social media networks, or use of certain third-party authentication platforms (e.g., Facebook OAuth or Google OAuth)),

Identifiers

We may collect your name, email address, username and password, postal address, and phone number. We also allow users to create an account by logging in through certain third-party authentication platforms (e.g., Facebook OAuth, Google OAuth). By logging in through a third-party authentication platform, your name, email address, language preference, and an access token will be shared with us.

Financial and Transactional Information

We may collect payment method details (such as you credit or debit card information or bank account details), shipping address, billing address, and order history. We use certain authorized third-party payment processors to process payments on our behalf.

We use Olo and Stripe to power our online ordering. You can learn more about Olo’s privacy practices here and Stripe’s here.

Demographic Information

We may collect your age or birthdate. This personal information is used to verify your age for the purchase of certain age-restricted products.

User-generated Content

We collect the personal information and content of communications that you disclose through the Service. This may include personal information you provide when contacting us or interactions with our social media pages. 

Device Information

We may collect device information when you visit our Site or use our App. Device information may include your device type and brand, operating system, browser type, online and/or unique identifiers, and IP address.

Internet Activity

We may collect information concerning your interaction with the Site and/or App, including when you access the Site and/or App and your browsing activity on the Site and/or App (such as which pages you visit, in what order, and for how long). This may also include “traffic data” or tracking information provided by the Site’s host or similar providers (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Site and App.

You are not required to provide all personal information identified in this Privacy Policy to use our Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able register you for an account, respond to your requests, fulfill your order, or otherwise provide certain services. 

Cookies

We store certain personal information that gets collected automatically at our end through cookies and other similar technologies. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for marketing purposes, including targeted advertising (as discussed in more detail below). Cookies on the Site are generally divided into the following categories:

• Strictly Necessary Cookies. These are required for the operation of the Site. They include, for example, cookies that enable you to log into password-protected portions of the Site. These cookies are session cookies that are erased when you close your browser.

• Analytical/Performance Cookies. These allow us to recognize and count the number of visitors to the Site and understand how such users navigate through the Site (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located).  

We also use Google Analytics for part of this process. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. Google provides users with the ability to prevent their data from being used by Google Analytics—learn more by going to https://tools.google.com/dlpage/gaoptout. 

• Functional Cookies. These improve the functional performance of the Site and make it easier for you to use. For example, cookies are used to remember that you have previously visited the Site and asked to remain logged into it (e.g., this saves your username). These cookies qualify as persistent cookies because they remain on your device for use during your next visit to the Site. You can delete these cookies as detailed below.

• Targeting Cookies. These record your visit to the Site and the pages you have visited and the links you have followed, to recognize you as a previous visitor, and to track your activity on the Site and other websites you visit. These cookies are used to display ads on other websites based on your visits to our Site and other online activity. These cookies qualify as persistent cookies because they remain on your device. 

Third Party Cookies or Similar Technologies

• Facebook – We use Facebook cookies and/or similar tracking technologies to track user behavior across websites for advertising and analytics purposes.

• Spotify – We use a Spotify plug-in and widget, which may place a cookie and/or similar tracking technologies that collect personal information. 

• Google – Google Ads sets cookies to measure ad campaign success.

• YouTube – We use YouTube to store and show video content. YouTube uses cookies to track usage of its services and your preferences (such as your preferred language). For more information, visit https://www.google.com/policies/privacy/. 

• Pinterest –Pinterest sets cookies and/or similar tracking technologies for tracking the use of its platform by unauthenticated users.

• TikTok – TikTok sets cookies and/or similar tracking technologies to track users’ activity on websites that integrate TikTok pixel. 

• Stripe – Stripe sets cookies and/or similar tracking technologies for payment processing and fraud prevention.

• AdRoll – We use AdRoll cookies and/or similar tracking technologies for advertising purposes, including identifying users across visits and devices and ad personalization.

• HubSpot – We use HubSpot cookies and/or similar tracking technologies for analytics, security, functionality, and advertising purposes. For more information, visit https://legal.hubspot.com/privacy-policy. 

• Bikky – We use Bikky cookies and/or similar tracking technologies for analytics, functionality, and advertising purposes. For more information, visit https://www.bikky.com/privacy-policy. 

You can also prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access our Site, however, you might not be able to access or use important functions or features of our Site, and you may, for example, be required to re-enter your log-in details.

For more information, please see our Cookie Policy. 

Children’s Privacy

The Service is not intended for users under the age of 13 and Upward Projects does not knowingly collect personal information from individuals under the age of 13. If you are aware of, or suspect that, someone under the age of 13 is using the Service without parental permission, please notify us immediately by contacting us as detailed in the How to Contact Us section below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.

Our Use of Personal Information

We collect and use your personal information for the following purposes:

• Provide goods or services requested by, or reasonably anticipated by, the consumer

• Manage relationship with the consumer

• Respond to consumer inquiries or requests, and request feedback

• Provide relevant promotional materials or other marketing

• Administer promotions, events, or surveys

• Analyze use of the Website or App

• Keep track of login name/passwords

• Keep track of click stream data

• Personalize Site/App (e.g., name automatically appears on Site)

• Debugging to identify repair errors that impair existing intended functionality

• Undertaking internal research for technological development and demonstration

• Detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible 

• Comply with legal and regulatory requirements

Our Disclosure of Personal Information

We may disclose your personal information with the following third parties:

• Our group companies, Joyride Taco Holdings, LLC, Upward Projects Holdings, LLC, Postino Holdings, LLC, Federal Pizza Holdings, LLC, Windsor Churn Phoenix Central Ave, LLC

• Service providers, including hosting providers and IT outsourcing, web analytics providers, payment processors, order fulfillment and shipping providers, customer service support providers, communication service providers, and marketing providers. In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites. 

• Advertising networks to provide you with relevant marketing.

• Advisers and financial institutions, including auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisors.

• With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be disclosed in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.

• Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable. 

Your Privacy Choices

If you no longer want to receive our newsletter, emails, or other marketing communications, you may unsubscribe at any time by logging in to your account and selecting the “unsubscribe” option or by following the “unsubscribe” link included in each of our marketing emails. 

To opt-out of text messages, you may text “STOP” in reply to any Upward Projects marketing text message. 

Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or purchases placed through the Site or App.

If you would like to delete, correct, or access the personal information associated with your eClub or ePosse Rewards program account, you may update your personal information by logging in to your account or by contacting us at privacy@upwardprojects.com.

Submit a request to receive a copy of your personal data on file or to delete associated user accounts HERE.

Security

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Service. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your personal information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

You play an important role in keeping your personal information secure. You should not disclose your username or password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately. 

Links to Other Websites 

For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Site and App to provide increased value to our visitors. We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.

Effective Date and Changes to This Privacy Policy

This Privacy Policy is effective as of the date at the top of this policy. Upward Projects has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect the personal information we collect, especially before you provide personal information, and particularly personal information, directly to us through the Service. In the event of a material change to this Privacy Policy, we will provide a message through our website or via email informing you of the change.

Appeals Process 

Upward Projects provides eligible consumers a formal method for appealing Upward Project’s refusal to take action on a request for access, deletion, correction, opt-out, or any other right afforded by state privacy laws. An appeal may be submitted by emailing privacy@upwardprojects.com. You may also file a complaint with your state’s Attorney General, where applicable under state law.

How to Contact Us

If you have any questions about this Privacy Policy or our Service, please contact us at privacy@upwardprojects.com.

Additional Disclosures for Residents of California

For residents of California, this section describes how we collect, use, and disclose, and/or “sell” or “share” (as defined under California law) the personal information of California residents, and the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by California law.

To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section Personal Information We Collect above.

We collect this personal information, as further described in the Our Use of Personal Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives. 

We may disclose personal information with the third parties listed above in the section Our Disclosure of Personal Information. Below, we have provided more detail regarding the two ways we disclose your personal information: (a) for a commercial purpose, i.e., “selling and “sharing” of your personal information and (b) general disclosures of personal information for a business purpose.

Commercial Purposes: “Sales” and/or “sharing” of Personal Information

We have marked “sales” in quotation marks because a “sale” under California law broadly includes any disclosure of personal information in return for any value. This value does not need to be monetary, like in a traditional sale. For example, a “sale” can be when a business provides personal information collected through cookies to an advertising network that it has hired to promote its own ads—but then the advertising network is able to use the cookie data provided for its own purposes, outside of this particular business relationship. Similarly, “sharing” under California law refers to disclosing personal information to a third party for cross-contextual behavioral advertising. For example, if a business discloses personal information with an advertising network to target users based on their activity across different websites or services, this is considered “sharing.” 

In the past 12 months, we may have “sold” and/or “shared” the following categories of personal information to the following third parties:

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.

Disclosure of Personal Information for a Business Purpose

To manage our business and provide services to you, we sometimes disclose personal information with third parties. These third parties cannot further collect, sell or share, or use the personal information we disclose with them except as necessary to perform our purposes, as instructed by us.

In the past 12 months, we may have disclosed the following categories of personal information to the following third parties for our operational business purposes:

Your Rights

Under California law, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. In addition, California residents may have additional rights, subject to certain limitations, including:

• Access:  You may have the right to access a copy of the categories and specific pieces of personal information that we have collected, used, and/or disclosed. 

• Correction: You may have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

• Deletion: You may have the right to request that we delete or anonymize your personal information, with certain exceptions. 

• Data Portability: You have the right to receive a copy of your personal information in a readily usable and portable format that enables you to transmit the data to another entity without hindrance.

• Sale/Sharing Opt-out: You may also have the right to opt-out of the sale of your personal information and to opt-out of cookies for cross-context behavioral advertising.

• No Retaliation: You have the right to be free from discrimination for exercising your rights. 

You may exercise your right to opt-out of “sales” or “sharing” by clicking this link and following the instructions: Do Not Sell or Share My Personal Information. We also recognize the Global Privacy Control (“GPC”) as a valid consumer request to opt out of marketing cookies for the browser that you use to access the Site.

Exercise Your Rights

California residents can exercise the rights discussed above by submitting a verifiable consumer request to us either:

• Through this web form. 

• Calling us toll-free at 1-602-246-7555, Monday – Friday, 9am – 5pm Pacific Time

• By email at privacy@upwardprojects.com with the subject line “California Privacy”

• Writing a letter to our address below.

Upward Projects Holdings, LLC

Attn: Senior Director of Technology

RE: Privacy Policy

3443 N. Central Ave

Phoenix, AZ 85012

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Responding to Your Request

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We ordinarily respond to a verifiable consumer request within 45 days. If we require more time, we will inform you of the reason and extension period in writing. Unless otherwise requested, any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. Under the CCPA, you may request that we disclose certain information to you about our collection and use of your personal information beyond the past 12 months.  However, we may decline to provide you that information if doing so would require a disproportionate effort on our part. The response we provide will also explain the reasons we cannot comply with a request, if applicable. As necessary, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Please note, however, before we will be able to process your request for access or deletion of personal information, we will need to properly verify your identity for security purposes. If we possess appropriate personal information about you (e.g., name, email, address), we will attempt to verify your identity using that information. If it is not reasonably possible to identify you, we may not be able to respond to your request. 

To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent signed permission to submit the request on your behalf. We may also require you to verify your identity directly with us. 

Notice of Financial Incentive Program

Our eClub and ePosse rewards program (the “Rewards Program”) provides you with rewards (e.g., discounts, coupons, or other price reductions) for eligible purchases. To administer the Rewards Program, we utilize certain identifiers that you provide to us (e.g., name, date of birth, email address, location, mobile phone number, as applicable) and your order history. To enroll in the Rewards Program, you will be asked to either create an account, provider certain personal information through an online form, or both.

You may opt out of any of the Rewards Program at any time. To opt out of the Rewards Program, please submit a request to us at privacy@upwardprojects.com.

We do not assign a monetary value to the personal information that we collect from you and only use that personal information to further our business in accordance with this Privacy Policy. To the extent we are required to assign a monetary value to the personal information collected through the Rewards Program, the method for calculating the value would be based on the sales generated by the program less the costs associated with facilitating and managing the program. Based on our reasonable estimate, the value of this personal information is equal to the value of the discount or financial incentive that we provide to you.

Do-Not-Track Requests 

At this time, we do not recognize automated “do-not-track” browser signals. For more information on DNT settings generally, please visit https://allaboutdnt.com.

California’s “Shine the Light” Disclosure

We have not disclosed any personal information with other companies for their direct marketing use within the immediately preceding calendar year. Accordingly, California’s “Shine the Light” law, Cal. Civil Code, § 1798.83 to § 1798.84, does not apply to us and we have not established any mechanism for you to request information on our disclosing of information for third parties’ marketing purposes.

Additional Disclosures for Residents of Colorado

For residents of Colorado, this section describes how we collect, use, and disclose, and/or “sell” or (as defined under Colorado law) the personal information of Colorado residents, and the rights you may have under Colorado law. These disclosures are intended to supplement this Privacy Policy with information required by Colorado law.

To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section Personal Information We Collect above.

We collect this personal information, as further described in the Our Use of Personal Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.

We may disclose personal information with the third parties listed above in the section Our Disclosure of Personal Information. Below, we have provided more detail regarding the two ways we disclose your personal information: (a) for a commercial purpose, i.e., “selling” of your personal information and (b) general disclosures of personal information for a business purpose.

Commercial Purposes: “Sales” of Personal Information

We have marked “sales” in quotation marks because a “sale” under Colorado law broadly includes any disclosure of personal information in return for any value. This value does not need to be monetary, like in a traditional sale. For example, a “sale” can be when a business provides personal information collected through cookies to an advertising network that it has hired to promote its own ads—but then the advertising network is able to use the cookie data provided for its own purposes, outside of this particular business relationship. We also use your personal information for targeted marketing purposes. 

In the past 12 months, we may have “sold” the following categories of personal information to the following third parties:

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.

To understand what personal information we may have disclosed for a business purpose, please see the Disclosure of Personal Information for a Business Purpose.

Colorado Privacy Act Profiling Disclosure

Upward Projects does not engage in profiling of consumers in furtherance of automated decisions that produce legal or similarly significant effects, as those terms are defined under the Colorado Privacy Act.

Your Rights

Under Colorado law, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. In addition, Colorado residents may have additional rights, subject to certain limitations, including:

• Access:  You may have the right to access a copy of the categories and specific pieces of personal information that we have collected, used, and/or disclosed. 

• Correction: You may have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

• Deletion: You may have the right to request that we delete or anonymize your personal information, with certain exceptions. 

• Data Portability: You have the right to receive a copy of your personal information in a readily usable and portable format that enables you to transmit the data to another entity without hindrance.

• Sale, Targeting Advertising, and Profiling Opt-out: You may also have the right to opt-out of the sale of your personal information, targeted advertising, and profiling for decisions producing legal or similarly significant effects.

• No Retaliation: You have the right to be free from discrimination for exercising your rights. 

For information on how to exercise your privacy rights, please see Exercise Your Rights. 

For more information about our “Bona Fide Loyalty Program” and your rights, please see Notice of Financial Incentive Program.

Information for Colorado Consumers

You may contact the Colorado Attorney General for more information. Please visit https://coag.gov 

Additional Disclosures for Residents of Texas

For residents of Texas, this section describes how we collect, use, and disclose, and/or “sell” or (as defined under Texas law) the personal information of Texas residents, and the rights you may have under Texas law. These disclosures are intended to supplement this Privacy Policy with information required by Texas law.

To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section Personal Information We Collect above.

We collect this personal information, as further described in the Our Use of Personal Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.

We may disclose personal information with the third parties listed above in the section Our Disclosure of Personal Information. Below, we have provided more detail regarding the two ways we disclose your personal information: (a) for a commercial purpose, i.e., “selling” of your personal information and (b) general disclosures of personal information for a business purpose.

Commercial Purposes: “Sales” of Personal Information

We have marked “sales” in quotation marks because a “sale” under Texas law broadly includes any disclosure of personal information in return for any value. This value does not need to be monetary, like in a traditional sale. For example, a “sale” can be when a business provides personal information collected through cookies to an advertising network that it has hired to promote its own ads—but then the advertising network is able to use the cookie data provided for its own purposes, outside of this particular business relationship. We also use your personal information for targeted marketing purposes. 

In the past 12 months, we may have “sold” the following categories of personal information to the following third parties:

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.

To understand what personal information we may have disclosed for a business purpose, please see the Disclosure of Personal Information for a Business Purpose.

Your Rights

Under Texas law, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. In addition, Texas residents may have additional rights, subject to certain limitations, including:

• Access:  You may have the right to access a copy of the categories and specific pieces of personal information that we have collected, used, and/or disclosed. 

• Correction: You may have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

• Deletion: You may have the right to request that we delete or anonymize your personal information, with certain exceptions. 

• Data Portability: You have the right to receive a copy of your personal information in a readily usable and portable format that enables you to transmit the data to another entity without hindrance.

• Sale, Targeting Advertising, and Profiling Opt-out: You may also have the right to opt-out of the sale of your personal information, targeted advertising, and profiling for decisions producing legal or similarly significant effects.

• No Retaliation: You have the right to be free from discrimination for exercising your rights. 

For information on how to exercise your privacy rights, please see Exercise Your Rights. 

For more information about our “Bona Fide Loyalty Program” and your rights, please see Notice of Financial Incentive Program.

Information for Texas Consumers 

You may contact the Texas Attorney General more information. Please visit https://www.texasattorneygeneral.gov/