Privacy Policy
Describing how SeatUpgrader Inc. collects, uses, discloses, and protects personal information
Last Updated and Effective: September 7, 2026
Applicable to Canada, the United States, the European Union/EEA/UK, and Latin America
Introduction and Scope
SeatUpgrader Inc. (“SeatUpgrader,” “we,” “us,” or “our”) respects your privacy and is committed to protecting the personal information of everyone who uses our website at seatupgrader.com, our mobile application (the “Application”), and the related real-time seat upgrade platform operated with our professional sports team, league, and venue partners (“Venue Partners”) (collectively, the “Services”).
This Privacy Policy explains what personal information we collect, how and why we use it, who we share it with, how long we keep it, the choices and rights available to you, and how to contact us. This Privacy Policy applies to Fans who use the Application to browse and purchase seat Upgrades, visitors to our website, and, where indicated, prospective and current Venue Partner personnel. It does not apply to information Venue Partners collect and control independently for their own purposes (for example, general season-ticket sales or team marketing unrelated to the Application), which is governed by the applicable Venue Partner’s own privacy notice.
This Privacy Policy is incorporated by reference into, and should be read together with, our Terms of Use. Capitalized terms not defined in this Privacy Policy have the meaning given in the Terms of Use.
1.1 Who We Are. SeatUpgrader Inc. is a corporation organized under the Canada Business Corporations Act, with its registered office at 3 Mitchell Avenue, Toronto, Ontario, M6J 1C1, Canada. For most purposes described in this Privacy Policy, SeatUpgrader acts as a controller (or “business” under U.S. state law) with respect to Fan personal information collected through the Application; where SeatUpgrader processes personal information strictly on behalf of and under the instructions of a Venue Partner (for example, importing loyalty tier data supplied by the Venue Partner), SeatUpgrader acts as a processor (or “service provider”).
1.2 Regional Application. Section 12 of this Privacy Policy contains region-specific supplemental disclosures for Canada, the United States, the European Union/EEA/United Kingdom, and Latin America. Those disclosures supplement, and in case of conflict control over, the general provisions of this Privacy Policy with respect to individuals in the applicable region.
Personal Information We Collect
We collect the following categories of personal information, depending on how you interact with the Services:
| Category | Examples / Details |
|---|---|
| Identity and Account Data | Name, email address, phone number, date of birth (for age verification), authentication credentials, optional profile photo. |
| Ticketing and Transaction Data | Held ticket information (event, section, row, seat), Upgrade purchase history, seat preferences, order confirmations, sourced from you, Third-Party Ticketing Platforms, and Venue Partners. |
| Payment Data | Tokenized payment credential, billing name/address, last four digits of card number, and transaction status, processed via Apple Pay, Google Pay, and PCI DSS-compliant payment processors. SeatUpgrader does not store full card numbers. |
| Location Data | Precise or approximate device geolocation (with permission), in-venue beacon/Wi-Fi proximity signals, and IP-address-derived location, used to confirm venue presence for Upgrade eligibility. |
| Device and Usage Data | Device identifiers, OS/version, mobile advertising identifiers, push notification tokens, IP address, app interaction and crash logs, and session data, collected automatically. |
| Loyalty and Preference Data | Venue Partner loyalty or membership tier, attendance frequency, engagement score, and favorite teams/sections, sourced from you and Venue Partners. |
| Communications Data | Customer support inquiries, survey responses, feedback, and marketing preferences, provided by you. |
| Inferred / Profile Data | Segments, tiers, or scores derived by our Dynamic Pricing Engine from the categories above to determine Upgrade offer eligibility, pricing, and timing. |
2.1 Information from Third-Party Ticketing Platforms. When you connect a Third-Party Ticketing Platform account (such as Ticketmaster, SeatGeek, AXS, or a Venue Partner in-house system) to confirm your held ticket, we receive limited information from that platform, such as your ticket holder name, event, and seat location, sufficient to verify Upgrade eligibility.
2.2 Information from Venue Partners. Venue Partners may share with us information about your season-ticket, membership, or loyalty status to enable tiered or personalized Upgrade offers.
2.3 Cookies and Similar Technologies on the Website. Our website uses cookies, pixels, and similar tracking technologies for functionality, analytics, and (where you consent) advertising purposes, as described in Section 8.
2.4 Information We Do Not Intentionally Collect. We do not intentionally collect government identification numbers, precise health information, biometric identifiers (such as fingerprints or facial geometry templates), or other special/sensitive categories of personal information, except as strictly necessary and where you provide explicit consent or as otherwise permitted by Applicable Data Protection Law.
How We Use Personal Information
We use personal information for the following purposes:
- To create and administer your Account and authenticate your identity;
- To verify your held ticket and eligibility for Upgrade offers;
- To operate the Dynamic Pricing Engine and generate, target, and time personalized Upgrade offers, including based on location, loyalty tier, and demand signals;
- To process payments, deliver updated Wallet credentials, and provide order confirmations and receipts;
- To send transactional communications (confirmations, offer alerts, service updates) and, where you have consented or as otherwise permitted by law, marketing communications;
- To provide customer support and respond to inquiries, complaints, and disputes;
- To detect, investigate, and prevent fraud, abuse, ticket bot activity, and security incidents;
- To reconcile revenue and provide reporting and analytics to Venue Partners regarding Upgrade activity associated with their events and inventory;
- To improve, test, and develop the Services, including through aggregated or de-identified analytics;
- To comply with legal obligations, enforce our Terms of Use, and establish, exercise, or defend legal claims; and
- For any other purpose disclosed to you at the time of collection or to which you consent.
Legal Bases for Processing (EU/EEA/UK)
Where the GDPR or UK GDPR applies, we rely on the following legal bases to process your personal information:
| Legal Basis | Example Processing Activities |
|---|---|
| Performance of a contract | Creating your Account; verifying ticket eligibility; processing an Upgrade Transaction; delivering your Wallet credential. |
| Legitimate interests | Fraud and abuse prevention; service analytics and improvement; Venue Partner revenue reporting; direct marketing to existing customers consistent with your expectations and opt-out rights. |
| Consent | Precise device geolocation for in-venue offer eligibility; push notifications; marketing communications where consent is legally required; non-essential cookies. |
| Legal obligation | Tax record-keeping; responding to lawful requests from courts or regulators; complying with sanctions and export control obligations. |
4.1 Withdrawing Consent. Where we rely on your consent, you may withdraw it at any time (for example, by disabling location services or push notifications in your device settings, or by using the unsubscribe link in marketing emails) without affecting the lawfulness of processing before withdrawal.
International Data Transfers
SeatUpgrader is headquartered in Canada, and personal information we collect may be processed in Canada, the United States, and other countries where our service providers operate. When we transfer personal information originating in the EU/EEA, UK, Brazil, or other jurisdictions with data localization or transfer restrictions to a country that has not been recognized as providing an adequate level of protection, we implement appropriate safeguards, such as the European Commission’s Standard Contractual Clauses, the UK International Data Transfer Addendum, or equivalent mechanisms recognized under the LGPD, and we take additional technical and organizational measures as appropriate. You may request more information about these safeguards by contacting privacy@seatupgrader.com.
Data Retention
We retain personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, including to provide the Services, comply with legal, tax, and accounting obligations, resolve disputes, and enforce our agreements. As a general matter: Account data is retained for the life of your Account and for a reasonable period thereafter to address potential disputes and legal requirements; transaction and payment records are retained for the period required by applicable tax and financial recordkeeping law (generally up to seven years); and precise location data used for real-time Upgrade eligibility is retained only for a short period necessary to complete the transaction and for fraud-prevention purposes, after which it is deleted or aggregated. When personal information is no longer needed, we securely delete, anonymize, or de-identify it.
Data Security
We maintain administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, and destruction, including encryption of data in transit (TLS 1.2 or higher) and at rest, role-based access controls, multi-factor authentication for administrative access, and regular security testing. Payment processing is handled by PCI DSS-compliant processors. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. If we become aware of a security incident involving your personal information, we will notify you and applicable regulators as required by Applicable Data Protection Law, including within seventy-two (72) hours of confirming certain incidents under the GDPR/LGPD framework where applicable.
Your Privacy Rights - General Overview
Depending on where you live, you may have some or all of the following rights regarding your personal information: the right to access and obtain a copy of the personal information we hold about you; the right to correct inaccurate information; the right to request deletion; the right to restrict or object to certain processing, including direct marketing and profiling; the right to data portability; the right to withdraw consent; and the right to lodge a complaint with a data protection authority or, in the U.S., the right to appeal a denied request. Section 12 sets out how to exercise these rights in your specific region. To submit a request, contact privacy@seatupgrader.com or use the in-app privacy request tool. We will verify your identity before fulfilling a request and will respond within the time required by Applicable Data Protection Law.
10.1 Authorized Agents. Where permitted by Applicable Data Protection Law, you may designate an authorized agent to submit a request on your behalf, subject to verification of the agent’s authority.
10.2 Non-Discrimination. We will not deny you the Services, charge you a different price, or provide a different level of quality solely because you exercised a privacy right, except as expressly permitted by Applicable Data Protection Law (for example, where the requested deletion prevents us from providing the Services you requested).
Children’s Privacy
The Services are not directed to children under the age of thirteen (13) (or the equivalent minimum age under local law, such as sixteen (16) under certain EU member state derogations to the GDPR), and we do not knowingly collect personal information from such children without verifiable parental consent, consistent with the U.S. Children’s Online Privacy Protection Act (COPPA) and equivalent laws. Users between 13 and the age of majority may use the Application only through an Account controlled by a parent or legal guardian, as described in the Terms of Use. If we learn that we have collected personal information from a child in violation of this Section, we will delete it promptly. A parent or guardian who believes we have inadvertently collected information from a child may contact privacy@seatupgrader.com.
Automated Decision-Making and Profiling
As described in the Terms of Use, we use an automated Dynamic Pricing Engine to determine the price, timing, and targeting of Upgrade offers, based on factors such as location/venue proximity, time to event, inventory levels, demand signals, and loyalty tier. This constitutes a form of profiling and automated decision-making. Where required by the GDPR, UK GDPR, LGPD, or equivalent law, you have the right to request human review of, express your views on, and contest decisions based solely on automated processing that produce legal or similarly significant effects on you. You may contact privacy@seatupgrader.com to exercise this right or to obtain further information about the logic and consequences of this processing.
Marketing Communications
With your consent where required by law (including under Canada’s Anti-Spam Legislation (CASL), the U.S. CAN-SPAM Act and Telephone Consumer Protection Act (TCPA) for SMS, and the GDPR/ePrivacy rules in the EU/UK), we may send you marketing communications about Upgrade offers, promotions, and new features by email, push notification, or SMS. You may opt out at any time by following the unsubscribe instructions in the communication, adjusting your Account or device notification settings, or contacting privacy@seatupgrader.com. Opting out of marketing communications does not affect transactional or service messages necessary to operate your Account.
Third-Party Links and Services
The Services may contain links to, or integrations with, third-party websites, ticketing platforms, and payment services that are not owned or controlled by SeatUpgrader, including Venue Partner websites, Ticketmaster, SeatGeek, AXS, Apple, and Google. This Privacy Policy does not apply to those third parties, and we encourage you to review their privacy policies.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time. If we make material changes, we will notify you by posting a notice on the Services, updating the “Last Updated” date, and, where required by Applicable Data Protection Law, providing additional notice (such as email notice or in-app notice) or obtaining renewed consent before the change takes effect.
Regional Supplemental Privacy Notices
This Section 12 supplements the general provisions above with rights and disclosures specific to your region of residence.
12.1 Canada
(a) Applicable Law. We process the personal information of Canadian residents in accordance with PIPEDA and applicable substantially similar provincial private-sector privacy legislation, including Quebec’s Law 25.
(b) Your Rights. You have the right to access your personal information, request correction of inaccuracies, and withdraw consent to processing (subject to legal or contractual restrictions), and to file a complaint with the Office of the Privacy Commissioner of Canada or the applicable provincial privacy regulator.
(c) Contact. Our Canadian Privacy Officer may be reached at privacy@seatupgrader.com or by mail at 3 Mitchell Avenue, Toronto, Ontario, M6J 1C1, Canada.
12.2 United States
(a) Applicable State Laws. Depending on your state of residence, you may have rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, and other comprehensive state privacy statutes in effect from time to time.
(b) Categories Collected and Disclosed. In the preceding twelve (12) months, we have collected the categories of personal information described in Section 2 of this Privacy Policy, and have disclosed such categories to the categories of recipients described in Section 5, for the business and commercial purposes described in Section 3. We have not sold personal information for money. To the extent our use of advertising cookies or SDKs constitutes a “sale” or “sharing” under the CCPA/CPRA, you may opt out using the “Your Privacy Choices” link on our website, or by enabling the Global Privacy Control signal in a supported browser.
(c) Sensitive Personal Information. We do not collect sensitive personal information (as defined under the CPRA) except precise geolocation, which we use solely to provide the Services described in this Privacy Policy and the Terms of Use; you may limit our use of precise geolocation as described in Section 8.2.
(d) Your Rights. Eligible U.S. state residents may have the right to: know/access the specific pieces and categories of personal information we hold; request deletion; request correction; opt out of sale, sharing, or targeted advertising; limit use of sensitive personal information; and appeal a denial of a request. Submit requests to privacy@seatupgrader.com or through our in-app privacy request tool. We will not discriminate against you for exercising these rights.
(e) Shine the Light. California residents may request, once per year and free of charge, information about categories of personal information we have disclosed to third parties for their direct marketing purposes; as noted above, we do not engage in this type of disclosure.
(f) Nevada. Nevada residents may submit a request regarding the sale of covered information; as noted above, we do not sell covered information as defined under Nevada law.
12.3 European Union, EEA, and United Kingdom
(a) Controller and Representative. SeatUpgrader Inc. is the controller of personal information processed through the Services for EU/EEA and UK residents. Our EU/UK representative for GDPR/UK GDPR purposes can be reached at privacy@seatupgrader.com; we will identify a named representative firm upon request or as required by law once appointed for your jurisdiction.
(b) Your Rights. You have the right to: access your personal information; rectify inaccurate data; request erasure (“right to be forgotten”); restrict processing; object to processing (including for direct marketing and profiling); receive your data in a portable format; withdraw consent at any time; and lodge a complaint with your local supervisory authority (in Ireland, the Data Protection Commission; in the UK, the Information Commissioner’s Office; or the supervisory authority of your EU member state of residence).
(c) Automated Decision-Making. See Section 13 above regarding our Dynamic Pricing Engine and your right to obtain human review of qualifying automated decisions.
12.4 Latin America and South America
(a) Brazil (LGPD). We process the personal information of Brazilian residents as controller or operator, as applicable, under the Lei Geral de Proteção de Dados Pessoais (LGPD). You have the rights set out in Article 18 of the LGPD, including confirmation of processing, access, correction, anonymization or deletion of unnecessary or excessive data, data portability, information about sharing, and revocation of consent. You may exercise these rights by contacting privacy@seatupgrader.com, and, if unresolved, escalate to the Autoridade Nacional de Proteção de Dados (ANPD).
(b) Other Latin American Jurisdictions. For residents of Argentina, Mexico, Colombia, Chile, and other Latin American jurisdictions with applicable data protection or habeas data statutes, we will honor requests to access, rectify, cancel, or object to (the “ARCO” rights, where applicable) the processing of your personal information, consistent with local law, upon request to privacy@seatupgrader.com.
Appendix A: Categories of Personal Information (U.S. State Law Disclosure Format)
| Category | Collected? | Disclosed For Business Purpose? | Sold or Shared? |
|---|---|---|---|
| Identifiers (name, email, device ID) | Yes | Yes - Venue Partners, service providers | No / Shared for advertising only if you do not opt out |
| Payment information | Yes (tokenized) | Yes - payment processors | No |
| Geolocation data (precise) | Yes, with permission | Yes - Venue Partners (aggregated), fraud prevention | No |
| Commercial/transaction history | Yes | Yes - Venue Partners, service providers | No |
| Internet/network activity | Yes | Yes - analytics providers | Shared for advertising only if you do not opt out |
| Inferences (loyalty tier, pricing segment) | Yes | Yes - Venue Partners (aggregated) | No |
| Sensitive personal information (precise geolocation) | Yes, with permission | Yes - as needed to provide the Services | No |
Contact Us
If you have questions or concerns about this Privacy Policy or our data practices, or wish to exercise a privacy right, please contact us at:
SeatUpgrader Inc.
3 Mitchell Avenue, Toronto, Ontario, M6J 1C1, Canada
Privacy inquiries and rights requests: privacy@seatupgrader.com
General support: support@seatupgrader.com
Legal notices: legal@seatupgrader.com