Privacy Policy

Welcome to Listing Upgrade. We are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your data when you use our AI-powered photo enhancement service. For information about cookies, please see our Cookie Policy.

By using Listing Upgrade, you agree to the collection and use of information in accordance with this policy. If you do not agree with our policies and practices, please do not use our service.

2.1 Account Information: When you create an account, we collect your first name, last name, and email address. If you choose to sign in with Google, we receive this information from Google with your permission.

2.2 Authentication Data: We use Firebase Authentication to manage user accounts. If you register with email and password, your password is encrypted and we never store it in plain text.

2.3 Payment Information: Payment transactions are processed by our payment providers. We do not store your complete credit card information or payment credentials on our servers. Our payment providers handle all sensitive payment data in compliance with PCI-DSS standards.

2.4 Photo Uploads: We collect and temporarily store the photos you upload for processing. These photos are stored securely in Google Cloud Storage during and after processing.

2.5 Usage Data: With your consent, we collect analytics data through Google Analytics 4 (GA4), Microsoft Clarity, and PostHog, including pages visited, features used, processing times, session recordings, and general usage patterns. This data is used to improve our service.

2.6 Device and Technical Information: We automatically collect certain information about your device, including IP address, browser type, operating system, and device identifiers for security and fraud prevention purposes.

2.7 Affiliate Information: If you participate in our affiliate program, we collect your bank account details for commission payments and track referral activities. Bank account information is encrypted at rest and in transit, accessible only to authorized personnel for payment processing purposes, and retained for the duration of your program participation plus 7 years for tax and accounting compliance.

We use the collected information for the following purposes:

3.1 Service Delivery: To provide, maintain, and improve our AI photo enhancement service, including processing your photos and delivering enhanced results. Legal basis: Performance of contract (GDPR Art. 6(1)(b))

3.2 Account Management: To create and manage your account, authenticate your identity, and communicate with you about your account. Legal basis: Performance of contract (GDPR Art. 6(1)(b))

3.3 Payment Processing: To process credit purchases and manage your credit balance. Legal basis: Performance of contract (GDPR Art. 6(1)(b))

3.4 Customer Support: To respond to your inquiries, provide technical support, and resolve issues. Legal basis: Performance of contract (GDPR Art. 6(1)(b)) and legitimate interests (GDPR Art. 6(1)(f))

3.5 Service Improvement: To analyze usage patterns (with your consent) and improve our service features, performance, and user experience. Legal basis: Consent (GDPR Art. 6(1)(a))

3.6 Email Communications: To send you transactional emails (order confirmations, processing notifications, account updates) and, if you opt-in, promotional communications. You provide consent for marketing emails during account registration and can unsubscribe at any time via the link in our emails or through your account settings. Legal basis: Performance of contract for transactional emails (GDPR Art. 6(1)(b)), consent for marketing emails (GDPR Art. 6(1)(a))

3.7 Security and Fraud Prevention: To detect, prevent, and address technical issues, fraud, and security vulnerabilities. Legal basis: Legitimate interests (GDPR Art. 6(1)(f))

3.8 Legal Compliance: To comply with applicable laws, regulations, and legal processes. Legal basis: Legal obligation (GDPR Art. 6(1)(c))

We do not sell your personal information. We may share your information in the following limited circumstances:

4.1 Service Providers: We share data with trusted third-party service providers who assist us in operating our service:

• Firebase/Google Cloud Platform: For authentication, database, and file storage

• Payment Providers: For secure payment processing

• Amazon SES: For sending transactional and marketing emails

• Google Analytics 4: For analytics (only with your consent)

• Microsoft Clarity: For session recordings and heatmaps (only with your consent)

• PostHog: For product analytics and session recordings (only with your consent)

4.2 Legal Requirements: We may disclose your information if required by law, court order, or governmental regulation, or if we believe disclosure is necessary to protect our rights, your safety, or the safety of others.

4.3 Business Transfers: If Listing Upgrade is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction. We will notify you via email and/or prominent notice on our website of any change in ownership.

4.4 With Your Consent: We may share your information with third parties when we have your explicit consent to do so.

We use cookies and similar tracking technologies to enhance your experience. For detailed information about the cookies we use, please see our Cookie Policy.

Essential cookies are necessary for the service to function and cannot be disabled. Analytics cookies are only activated with your explicit consent through our cookie consent banner.

6.1 Account Data: We retain your account information for as long as your account is active or as needed to provide you services. You may request account deletion at any time.

6.2 Photo Files: Uploaded photos and processed results are stored in Cloud Storage until you delete them. You may delete individual batches at any time through the dashboard. Photos are automatically deleted if you delete your account or after 24 months of account inactivity.

6.3 Transaction Records: Payment and transaction records are retained for accounting, tax, and legal compliance purposes for a minimum of 7 years as required by applicable laws.

6.4 Analytics Data: Anonymized analytics data is retained according to each provider's retention settings: Google Analytics 4 (14 months), Microsoft Clarity (13 months), and PostHog (per project configuration).

6.5 Deleted Data: When you delete your account, we permanently delete your personal information within 30 days, except for data we are required to retain for legal or regulatory reasons.

We implement industry-standard security measures to protect your information:

• All data transmission is encrypted using SSL/TLS

• Photos are stored in secure Google Cloud Storage with access controls

• Authentication is managed by Firebase with encrypted passwords

• Payment processing is handled by PCI-DSS compliant providers

• Regular security audits and monitoring

• Access to personal data is restricted to authorized personnel only

However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

Data Breach Notification: In the event of a data breach that affects your personal information, we will notify affected users and relevant supervisory authorities within 72 hours of becoming aware of the breach, as required by GDPR Article 33 and 34.

If you are located in the European Economic Area (EEA) or Germany, you have the following rights under the GDPR:

8.1 Right to Access: You can request a copy of the personal data we hold about you.

8.2 Right to Rectification: You can request correction of inaccurate or incomplete personal data.

8.3 Right to Erasure ('Right to be Forgotten'): You can request deletion of your personal data, subject to certain legal exceptions.

8.4 Right to Restriction of Processing: You can request that we limit how we use your data.

8.5 Right to Data Portability: You can request a copy of your data in a machine-readable format.

8.6 Right to Object: You can object to processing of your data for certain purposes, including direct marketing.

8.7 Right to Withdraw Consent: Where we rely on consent, you can withdraw it at any time (e.g., analytics consent via cookie settings).

8.8 Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority in your country.

To exercise any of these rights, please contact us at support@listingupgrade.com. We will respond to your request within 30 days as required by GDPR.

Listing Upgrade operates globally and may transfer your data to countries outside the European Economic Area (EEA), including the United States, where our service providers are located.

Your data is primarily processed and stored in Google Cloud Platform data centers. For EU users, we utilize GCP's European regions where possible. Specific data may be processed in the United States by our service providers.

We ensure that such transfers are protected by appropriate safeguards, including:

• Standard Contractual Clauses (SCCs) approved by the European Commission

• Service providers certified under the EU-U.S. Data Privacy Framework or equivalent mechanisms

• Compliance with GDPR requirements for international data transfers

By using our service, you acknowledge and consent to the transfer of your data to these locations for the purposes described in this Privacy Policy.

Listing Upgrade is not intended for use by individuals under the age of 18. We do not knowingly collect personal information from children under 18. In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from children under 13 years of age.

If you become aware that a child under 18 (or under 13 in the case of U.S. users) has provided us with personal information, please contact us immediately at support@listingupgrade.com, and we will take prompt steps to delete such information from our systems.

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We will notify you of any material changes by:

• Posting the updated policy on our website with a new "Last Updated" date

• Sending an email notification to the address associated with your account

Your continued use of Listing Upgrade after such modifications constitutes your acknowledgment and acceptance of the updated Privacy Policy.

Data Controller: Listing Upgrade is operated by Mark Goldenstein, Seattle, WA, USA (see Terms of Service Section 18 for full contact details).

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us:

Email: support@listingupgrade.com

For GDPR-related inquiries: Please specify "GDPR Request" in your email subject line.

We take your privacy seriously and will respond to all legitimate requests within 30 days.