Terms of Service

GOING UP MEDIA — SUBSCRIBER TERMS OF SERVICE Last updated: 6 May 2025 1. WHO WE ARE This service is provided by Keyllective LLC, doing business as Going Up Media ("Company," "we," "our," or "us"). Registered office: 3250 Bingl Road, Houston, Texas 77045 USA Privacy and legal contact: [[email protected]](mailto:[email protected]) 2. ACCEPTANCE OF TERMS By subscribing to our email list or participating in any in‑person activation you ("Subscriber," "you," or "your") confirm that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Notice. If you do not agree, do not subscribe or participate. 3. ELIGIBILITY AND CONTENT SUITABILITY Our content is intended for adults in professional or industry contexts. We do not knowingly collect personal data from children under 18. We do not operate an age gate, but if we learn that someone under 18 has provided personal data, we will delete it. 4. INFORMATION WE COLLECT We may collect and process the following categories of data: * Contact details such as email address, first and last name * Recorded media including transcripts, audio (MP3), and video (MP4) captured at our public events or street interviews, with any statements of consent * Usage data such as interactions with our emails, website analytics, IP addresses, device information, and other technical identifiers * Demographic and preference information that you choose to share or that we infer from analytics 5. HOW WE USE YOUR INFORMATION We process your information to: (a) send editorial emails, newsletters, notifications, and service-related communications; (b) deliver promotional offers, partner messages, and clearly labeled sponsored content; (c) operate, secure, and improve our website, newsletters, and in‑person activations; (d) analyze audience engagement, conduct market and product research, and generate aggregated, anonymized insights that may be shared publicly or with partners; and (e) support advertising, marketing automation, and experimentation with machine learning and AI systems, including OpenAI APIs and other automation platforms. We may combine your data with internal or third‑party data to improve relevance and performance, but we will not sell or disclose your identifiable personal data to unaffiliated third parties. 6. TECHNOLOGIES WE USE We use Google Analytics, Google Ads, Beehive, Facebook Ads and Meta Business Manager, Google Search Console, Microsoft Bing Webmaster Tools, OpenAI services, and similar analytics, advertising, and automation technologies. These providers may set cookies or collect usage data according to their own privacy policies. By subscribing, you consent to our use of these technologies. 7. LEGAL GROUNDS FOR PROCESSING Our legal bases include your consent, our legitimate interests in operating and growing the Company, performance of a contract (delivering the newsletter you requested), and compliance with legal obligations. Additional rights for residents of the European Economic Area, United Kingdom, and Thailand: * You may have rights to access, correct, delete, restrict, or object to our use of your personal data and to portability of your data. You may also withdraw consent at any time without affecting prior processing. * For residents of Thailand, we comply with the Personal Data Protection Act B.E. 2562 ("PDPA"). We will obtain explicit consent before collecting sensitive data, respond to PDPA requests within the required statutory period, and notify you of any data incidents as required by Thai law. * To exercise any of these rights, contact [[email protected]](mailto:[email protected]). We will acknowledge your request within 14 days and will fulfill or reject it (with explanation) within an additional 14 days unless the law allows more time. 8. DATA TRANSFERS We are based in the United States and your information may be processed in the United States or any country where our service providers operate. We use appropriate safeguards, such as Standard Contractual Clauses or equivalent, to protect personal data transferred from the European Economic Area, United Kingdom, or Thailand. 9. DATA RETENTION We retain personal data for as long as necessary to fulfill the purposes outlined above, typically no longer than three years from your last interaction, unless we must keep it longer for legal, accounting, or audit reasons. Aggregated or anonymized data that no longer identifies you may be kept indefinitely. 10. OPT OUT AND DELETION REQUESTS You can unsubscribe at any time using the link in our emails or by contacting [[email protected]](mailto:[email protected]). You may request deletion of your personal data using the same address. We will confirm receipt within 14 days and complete deletion within a further 14 days, except where we are legally required to keep certain records. 11. FUTURE PAID PLANS Our current subscription is free. If we introduce paid tiers, we will update these Terms and give you clear notice and an opportunity to accept the new conditions before any charges apply. 12. NO SALE OF PERSONAL DATA We do not sell or rent your personal data to third parties. We share it only with trusted processors under confidentiality obligations or as required by law. 13. SECURITY We implement reasonable and appropriate technical and organizational measures to protect personal data from loss, misuse, unauthorized access, disclosure, alteration, or destruction. 14. THIRD‑PARTY LINKS Our content may link to third‑party websites or services. We are not responsible for the privacy or security of those third‑party properties. 15. UPDATES TO THESE TERMS We may update these Terms from time to time. If changes are material, we will notify you by email or prominent notice on our website. Continued use after the effective date of the revised Terms constitutes acceptance. 16. GOVERNING LAW AND DISPUTE RESOLUTION These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to conflict‑of‑law principles. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration under the rules of the American Arbitration Association in a venue chosen by us that is reasonable for both parties, unless local mandatory law provides you with the right to bring claims before your local courts. Judgment on the award may be entered in any court of competent jurisdiction. 17. CONTACT US Questions about these Terms or our data practices can be sent to [[email protected]](mailto:[email protected]) or mailed to Keyllective LLC, 3250 Bingl Road, Houston, Texas 77045 USA. By clicking "Subscribe," signing up in person, or otherwise indicating consent, you acknowledge that you have read and agree to these Terms of Service.