ClearDATA understands the importance of protecting your privacy. 

This Privacy Policy describes:

  • Data Collected: the personal data that ClearDATA collects from and about you, as a website user or other prospective customer, and as a services account holder;
  • Use of Data: the ways that ClearDATA uses that personal data, including the ways that it may combine data it collects from you with data it acquires about you from other sources; and
  • Disclosure of Data to Others: the circumstances under which ClearDATA might share your personal data with others.

Please contact us at compliance@cleardata.com if (i) you wish to find out more about our use and disclosure of your information and how to limit it, (ii) you wish to exercise your right to access, amend, or delete any personal data we hold about you that you are unable to accomplish by means of the administrative features of the services;  or (iii) you have any other questions or concerns about this policy.

Please note that this Privacy Policy describes ClearDATA’s privacy policies with respect to personal data that it collects and controls for its own use and for the purpose of managing its customer accounts.  This Privacy Policy does not cover personal data that ClearDATA’s customers or end users process by means of the ClearDATA services. 

  • If you are a ClearDATA customer, ClearDATA’s use of personal data that you process by means of the ClearDATA services is subject to ClearDATA’s services terms and any applicable business associate agreement or data privacy agreement that ClearDATA has entered into with you.
  • If you are an individual whose personal data is controlled by a ClearDATA customer and you wish to remove, amend, block, remove consent for processing, or take other action with respect to your personal data, please contact the ClearDATA customer who controls your personal data. ClearDATA acts on the instructions of its customers with respect to personal data that is processed by them using ClearDATA’s services. 

Data Collected

You are not required to submit your personal data to ClearDATA to use our website.  You may block collection of your personal data by means of cookies as described below in the section captioned Online Data Collection Technologies.  If you are a customer you must provide personal data regarding the individuals who have rights to control your account with us or manage the services we provide to you.

ClearDATA limits the collection of personal information to only that which is relevant for reasonably serving customer relations, compliance and legal considerations, auditing, security and fraud prevention, preserving or defending our legal rights, communicating with you as a prospective customer, improving products and services, facilitating billing and collections activities, and other purposes consistent with the expectations of a reasonable person given the context of the collection.  ClearDATA takes reasonable steps to ensure that personal data is reliable for its intended use, accurate, complete, and current.

Site Visitors

Our Web server may capture any or all of the following: your IP address, the time and duration of your visit, and the pages on the site that your visit.  It may also collect information about your browser, device, location and other information of the type collected by Web servers generally.  We may also use Web analytics tools to capture information about your use of the site, such as mouse clicks and scrolling activity.  We may tie this information to personally identifying information we have about you.  

We use “cookies,” “web beacons” “pixel tags” and other techniques to identify you or your browser or device to your activity on the site.  Please see the section below captioned “Online Data Collection Technologies” for more information regarding our use of these techniques and your ability to restrict our collection of data in this manner.

We use third party Web analytics tools to capture information about your use of the site, such as mouse clicks and scrolling activity.  For example, we may use Google Analytics, Google Website Optimizer, or Inspectlet.  The providers of these tools may capture data about your activity on our site, via cookies and other techniques. 

If you arrive at our site by clicking on an advertisement or content published by a third party, that third party may provide information to us about your activity on their site.  For example, we may use Google AdWords or other third party advertisers, or may sponsor links on other third party sites.  

We may ask you to volunteer information about yourself using forms on the website, including personal data (such as your name and email address), demographic data (such as your profession, age and gender), and information about your general interests.  For example, we may ask you to submit this type of information as part of a survey.  Your submission of this type of information as a website visitor is not required.

We may permit third parties to display content on our site.  If you view this content, the third party may collect information about you.  For example, we may permit content to be displayed by Google Fonts, Google Maps, YouTube or Vimeo.  You should see the third party’s site for more information about the data they collect and their use and disclosure of the data.

Services Users

To establish a services account with us we require you to provide the names and business contact information of your personnel assigned to manage your account with us.    

If any of your personnel contact us for support (whether by phone, chat, email or other means) we may record and save the contents of the communication.

Use of Data

Generally ClearDATA uses the personal and other data it collects to provide its services, operate its website efficiently, and provide a good quality experience for website visitors.  ClearDATA may use the information to send you email or other communications about ClearDATA’s or third parties’ content, product or services.   ClearDATA only uses and processes personal data for purposes compatible with the original purpose of collection or as subsequently authorized by you. If you do not wish to receive information from ClearDATA via email, you may unsubscribe to our email list at any time by following the link in the communication. 

The providers of our analytics tools may use information they collect about your site visit to show you advertisements or other content that may be of particular interest to you.

If you establish a services account, we may tie the information we collect as part of your pre-login site visit to your post login activity on the site and service.

If ClearDATA acquires information about you from third parties, such as marketing or advertising firms, security services, or content providers, it may tie this third party provided information to the information it collects from or about you as part of your visit to the site or use of the services.

Here are some specific examples of the ways we use data we have about you:

  • Account Transactions: We use your account data to communicate with you about account transactions or respond to your requests for support (such as fee payments, support requests, services interactions);
  • Fraud, Abuse, Security: We use account and other data to screen for and reduce fraud, spam, abuse, and security problems. We may remove content or block access to the site in our discretion to reduce the risk of fraud, abuse and security problems;
  • Business Improvements: We use the data we collect to improve our site and services, such as changes to the content or organization of the content, developing new services features, identification of target audiences for our external advertising and publicity efforts;
  • Newsletters and Other Promotional Content. We may use your data to send you communications of interest to you, including promotional communications.  We may use Web beacons to track whether you actually view our messages or content.

Disclosure of Data to Others

We will not disclose your personal data to third parties except as follows:

  • When we believe release is appropriate to comply with the law, such as in response to lawful requests by public authorities to meet national security or law enforcement requirement.  
  • To enforce our services agreement and other rights, or to protect the rights and safety of others. This may include exchanging information with government regulatory or law enforcement agencies, or with other companies and organizations for fraud protection and legal compliance.
  • To persons who help us provide our products and services to you. We may provide personal and other information to third parties who work for us, such as companies that verify creditworthiness, verify and process payment card information and payment, manage e-signing, analyze data, manage contact information and communications, remove repetitive information from customer lists, and provide marketing services. These providers are not authorized to further disclose your data or to use your data for any other purpose other than providing services to us.
  • Our site is hosted by a third party and we use third party infrastructure monitoring services. These third parties may have inadvertent or incidental access to your data.  These providers are not authorized to further disclose your data or to use your data for any purpose other than providing services to us.
  • As part of a sale of our assets or a merger of our company. We may in the future sell all or part of our assets or be involved in a merger. It is customary for personal information to be included with the transferred assets in these types of transactions.

We may disclose data we collect from and about you in aggregate anonymous form for the purpose of improving our site and services generally.  This may include combining data about you (in anonymous form) with data we have about other individuals (in anonymous form), and transferring the combined data to third parties.

Online Data Collection Technologies

A cookie is a small text file that is placed on your device, typically a string of numbers and letters.  The cookie is used to uniquely identify your device.   Whoever places the cookie will typically use the information to associate each of your site or services visits to your device, and to you personally if the cookie placer has information that identifies you personally to your device.  Most browsers include features that enable you to block or restrict cookie placement.  If you disable or restrict cookies, you may not be able to use all of the features of the site or service that placed the cookie.

A Web beacon is a small electronic image that is served by a Web server when you view the Web page or email in which it is embedded.   Generally, when you view the content in which the Web beacon is embedded, a call is placed to the Web beacon server that identifies your IP address or device information in a way that enables the operator of the beacon to identify your device, or you, to your activity.

Other

Security:  We will use reasonable security measures to protect your personal data from unauthorized use and disclosure.

Data Retention:  We will destroy your personal data when we are no longer using it for the purposes described in this Privacy Policy unless we are required to retain it by applicable law.  If we are required to retain your personal data after the time that we are no longer using it as described in this Privacy Policy due to a legal requirement we will only use your personal data for the purpose of complying with the legal requirement. 

Children’s Online Privacy Protection: We will not knowingly collect any data from or about any person under the age of 13.

Cross-Jurisdictional Access and Transfer of Personal Data; Privacy Shield

ClearDATA is located in the United States.  Personal data covered by this Privacy Policy is stored in the United States and accessed from within the United States, except for customer account data that the customer specifically asks to have stored or accessed from outside the United States.  If we transfer data to the United States from other jurisdictions we will comply with applicable privacy laws, including the laws of the European Union and Switzerland. 

ClearDATA participates in the EU-U.S. and Swiss-U.S. Privacy Shield frameworks regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.  We have certified with the Department of Commerce that we adhere to the Privacy Shield Principles.  To learn more about the Privacy Shield Principles, visit  http://www.privacyshield.gov/welcome.

The U.S. Federal Trade Commission has jurisdiction to investigate and enforce ClearDATA’s compliance with Privacy Shield requirements.

If third party agents process personal data on our behalf in a manner inconsistent with the Privacy Shield Principles, we remain liable unless we provide that we are not responsible for the event giving rise to the damage. 

If you have a question or complaint regarding our participation in Privacy Shield, please contact us at compliance@cleardata.com

Dispute Resolution

Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through ClearDATA’s internal processes, ClearDATA has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here:  https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/

Under certain limited circumstances, European Union and Swiss individuals may invoke binding Privacy Shield arbitration as a last resort if all other forms of dispute resolution have been unsuccessful. To learn more about this method of resolution and its availability to you, please visit https://www.privacyshield.gov/welcome.

Contact Information

ClearDATA’s privacy practices are managed by Chris Bowen, its Chief Privacy and Security Officer.  You may contact him via email at compliance@cleardata.com.  His address is:

Chris Bowen
Chief Privacy and Security Officer
ClearDATA Networks, Inc.
101 W. 6th Street, Suite 310
Austin, Texas  78701

Revision date September 28, 2018