Last revised: July 7, 2020
Clear Technologies Inc. is concerned about privacy matters and strives to provide transparency about how We collect, use and disclose your personal information.
When processing your personal information in order to manage Our relationship with you, we ensure that we comply with applicable privacy laws including by fulfilling any rights you may have under such laws. In addition, we may need to process your personal information in order to comply with our legal obligations, including under applicable Canadian, U.S. and EU laws, and any court orders. This policy addresses the privacy and security of personal information (as defined below) obtained when you have a relationship with Clear Technologies Inc. as a user of one of Our Services (as defined below).
2. WHAT IS PERSONAL INFORMATION
Personal information generally means any information about an identifiable individual, and includes any information that relates to an identifiable individual and identifies an identifiable individual personally, either alone or in combination with other information. Clear Technologies Inc. does not collect personal information without obtaining your prior consent (whether express or implied as required by applicable law), or otherwise as permitted or required by applicable laws. We may collect various types of data about our customers as explained in greater detail below. Depending on your region, this data may qualify as personal information. We may also use the personal information that we obtain to create aggregated or de-identified information that we may use in our discretion for our business purposes or disclose to our business partners.
3. WE ARE ACCOUNTABLE TO YOU
4. WE LET YOU KNOW WHY WE COLLECT AND USE YOUR PERSONAL INFORMATION
Clear Technologies Inc. identifies the purpose for which your personal information is collected and will be used or disclosed. If that purpose is not listed below, We will do this before or at the time the information is actually being collected. All personal information collected by Us from Service visitors, registered users and other individuals (as applicable) is collected, for the following purposes:
- to administer and manage the Services and Our business operations;
- to identify or contact customers of Services, respond to user inquiries and otherwise maintain relations with users;
- to provide customers and prospective customers with information about Our Services;
- to provide services requested by Our customers;
- to bill, process and/or collect payment;
- to help prevent or investigate fraud or other breaches of the law;
- to request user participation in surveys or contests;
- to comply with legal and governmental requirements;
- to perform statistical analyses of user behaviour and characteristics, in order to measure interest in and use of the various sections of a Service so as to improve design, navigation and experience of such Service; and/or
- to fulfill any other purpose that would be reasonably apparent to a user of our Services at the time that We collect it.
5. WE WILL OBTAIN YOUR CONSENT TO COLLECT, USE AND/OR DISCLOSE YOUR DATA
Clear Technologies Inc. will obtain your consent (whether express or implied as required by applicable law) before, or when, We collect, use and/or disclose your data. We may also process your personal information without consent, as permitted or required under applicable law. By accepting services from Us, using the Service, or otherwise providing Us with your data, you will be deemed to consent to Our use of your data for the purposes outlined above. Otherwise, Clear Technologies Inc. will obtain your express consent (by verbal, written or electronic agreement) to collect, use or disclose your data for any additional purposes, unless an exception to consent applies You can change your consent preferences or withdraw your consent to the collection, use or disclosure of your data completely at any time by contacting Clear Technologies Inc. (please refer to the “How to Contact Us” section below), subject to legal and contractual restrictions. We note that if you choose not to provide us with the data, or if you later withdraw your consent, we may not be able to offer you our products and services. We will inform you of the consequences of the withdrawal of consent.
Clear Technologies Inc. will not use or disclose your data for purposes other than those for which it was collected, except with your consent or as permitted or required by law.. Your consent to the collection, use and/or disclosure of your data may be either express or implied, depending on the circumstances, the purposes for which such data is being collected and the sensitivity of the information.
6. WE LIMIT COLLECTION OF YOUR PERSONAL INFORMATION
Clear Technologies Inc. collects only the information required to provide Our products and services to you. Clear Technologies Inc. will collect data only by clear, fair and lawful means. We will not, as a condition of supplying you with a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the specified, legitimate purpose.
7. WHAT INFORMATION DO WE COLLECT?
We may collect the following types of information from you:
- Payment and Transaction Information: Some of the Services may require payment. When you pay for such applicable Services, We will collect personal information, such as your name, email address, mailing address, and payment information such as the date and time of your transaction, credit card or bank account details.
- Tags and Analytical Tracking: As part of making the Services available, We may use tracking tools such as scripts, internet tags, cookies, graphic tags, web beacons and similar means (collectively, “Tags”) on the Services to enhance functionality and navigation for Our Service users. Portions of the Services may use analytical tools that are operated by Us and third party providers (collectively, the “Analytical Tools”).
We may use Tags on the Services to count users and to recognize users by accessing Tags. Being able to access Tags allows Us to personalize the Services and improve your experience with the Services. We may also include Tags in HTML-formatted e-mail messages that We send to determine which e-mail messages were opened.
Information tracked through these mechanisms includes, but is not limited to: (i) your IP address and other IP information set out in (b) above; (ii) the type of web browser and operating system being used; (iii) the pages of Services that you visit; and/or (iv) other websites that you have viewed before visiting one of the Services. Some types of Tags, such as cookies, may be disabled whereas others may not.
In the case of Analytical Tools, the information generated by the Tags about your use of the Services (including your IP address) may be transmitted to and stored on servers in Canada. The information generated by the Tags may also be transferred to third party providers of Analytical Tools, including outside of Canada. This information will be used for the purpose of evaluating your use of the Services, compiling reports on Services activity and providing other services relating to Services activity and Internet usage. The third party providers of Analytical Tools may also transfer this information to other third parties where they are required to do so by law, or where such third parties process the information on their behalf.
By using a Service, you consent to the processing of data about you by third party providers of Analytical Tools in the manner and for the purposes set out above. You may withdraw your consent to such use of your information at any time by contacting us.
- Information that You Provide: We may occasionally request from You or You may otherwise voluntarily provide Us with information that personally identifies You (including, but not limited to, product or service purchases, user support, contests, feedback, surveys and forums). We may receive personal information about You from a broad range of activities through the Services, including, but not limited to, Your inputs to the Services and general correspondence with Us. Depending on the service used, the personal information We collect may include contact information and demographic information.
- User communications: When You send email or other communications to Us, We may retain those communications in order to process Your inquiries, respond to Your requests and improve the Services.
You have the following choices:
- Access and Correction: You can access your personal information and ask us to update, correct or delete any information we have about you.
- Cookies and tracking technologies: You may disable cookies and other tracking technologies through the settings in your browser. While doing so may negatively impact your experience using the Services, as some features of the Services may not work properly, disabling cookies will not prevent you from transacting with us.
See the “How to Contact Us” section below.
8. WE LIMIT DISCLOSURE, USE AND/OR RETENTION OF YOUR PERSONAL INFORMATION
Collection, use or disclosure of personal information without consent: Under certain exceptional circumstances, Clear Technologies Inc. may have a legal duty or right to collect, use or disclose your personal information without your knowledge or consent., in accordance with applicable laws, We will not disclose personal information without your consent, except where such information is required to be disclosed, for example: (i) for law enforcement purposes; (ii) for the purpose of complying with a legal requirement; (iii) where information is public as permitted by law; (iv) where it is reasonable for the purposes of investigating a breach of an agreement, or actual or suspected illegal activity; or (v) where it is necessary to permit Us to pursue available remedies or limit any damages that we may sustain; (vi) in the event of a proposed or actual transfer of Clear Technologies Inc.’s business or assets.
Where required or permitted to disclose your data or personal information without consent, Clear Technologies Inc. will not disclose more information than is required.
(i) We may transfer your personal information to Individuals or organizations who are our advisers, consultants or service providers; (including those involved in maintaining, reviewing and developing our systems, procedures and infrastructure).
(ii) in the event of a proposed transfer of Clear Technologies Inc.’s business or assets (or a part thereof), or a merger or amalgamation of Clear Technologies Inc. with another entity, We may disclose your personal information to third parties, such as prospective purchasers of Clear Technologies Inc.’s shares, business or assets, and to their lawyers, accountants, financial advisors, agents and other representatives as necessary for the purposes of such transaction and upon completion of such a transaction, your information will be one of the transferred assets; and/or
(iii) where We otherwise have your express consent.
You are deemed to consent to transfer/disclosure of your data for the above purposes. You may withdraw your consent to such use of your personal information at any time by contacting us; however, such withdrawal will not operate retroactively, if we have already disclosed your information to a third party as noted above.
Cross-border transfer or storage of information: We may use service providers located inside and outside of Canada, and, if applicable, your personal information may be processed and stored in other countries and therefore may be subject to access by or disclosure to foreign law enforcement authorities under the laws of those jurisdictions. If your data is shared by Us with third parties, those third parties are bound by appropriate contractual agreements with Clear Technologies Inc. to secure and protect the confidentiality of your personal information.
Retention of personal information: Clear Technologies Inc. will retain your personal information only for so long as is necessary to fulfill the purpose for which it was collected and to meet Our legal and contractual obligations. We will employ explicit retention periods for closed accounts, after which the personal information is destroyed or made anonymous.
9. THE SECURITY OF YOUR PERSONAL INFORMATION IS A PRIORITY FOR CLEAR TECHNOLOGIES INC.
We take steps to safeguard your personal information, regardless of the format in which it is held, by maintaining appropriate physical, organizational and technical security measures with respect to Our offices and information storage facilities and systems, including, but not limited to: (i) physical security measures, such as restricted access facilities and locked cabinets; (ii) electronic security measures for computerized personal information such as adequate password protection, database encryption and personal identification numbers; (iii) organizational processes such as limiting access to your personal information to a selected group of individuals; and (iv) contractual obligations with third parties who need access to your personal information requiring them to protect and secure your personal information.
A “breach of security safeguards” is generally defined as the loss of, unauthorized access to or unauthorized disclosure of personal information resulting from a breach of an organization’s security safeguards or from a failure to establish those safeguards. In case of a breach of security safeguards involving personal information under Our control, we will notify the affected customer and the relevant local authority responsible for enforcement of data and privacy laws, if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to the customer, including physical, financial or reputational harm, and as permitted or required by applicable law. We will also notify any other organization or government institution that can reduce the risk or mitigate the harm from the breach. We will keep a record of any breach of security safeguards in accordance with our obligations under applicable law.
10. WE ARE OPEN ABOUT OUR PRIVACY AND SECURITY POLICY
We are committed to providing you with understandable and easily available information about Our policy and practices related to management of your personal information. This policy and any related information is available at all times on the Services or on request. To contact Us, refer to the “How to Contact Us” section below.
11. WE PROVIDE ACCESS TO YOUR PERSONAL INFORMATION STORED BY US
Under the applicable law of your jurisdiction, you may be permitted to request access to your information stored by Us. Upon receiving such a request, Clear Technologies Inc. will advise you if you have the right to make such a request under applicable law and if so, will: (i) obtain satisfactory proof to confirm your identity; (ii) inform you about what type of information it has on record or in its control and provide other information as required by applicable law;; (iii) provide you with access to your information so you can review and verify the accuracy and completeness and request changes to the information; and (iv) make any necessary updates to your information. Where you have a right of access to your personal information under applicable law, such right of access may be subject to exemptions recognized under the law. To access or request corrections to your personal information, refer to the “How to Contact Us” section below.
12. WE RESPOND TO YOUR QUESTIONS, CONCERNS AND COMPLAINTS ABOUT PRIVACY
Clear Technologies Inc. responds in a timely manner to your questions, concerns and complaints about the privacy of your personal information and Our privacy policies and procedures. Please note that if we are unable to resolve your privacy concerns, you may have the right to complain to the relevant regulatory and or data protection authority in your country.
13. CHANGE OF PURPOSE
14. OPT OUTS
You may withdraw consent to Our further processing of your personal information at any time by contacting us. Opt outs may not operate retroactively, and may affect your use of the Services, which we will explain to you at the time of your request.
You may contact Us to opt out of any processing of your personal information for secondary marketing purposes.
15. HOW TO CONTACT US
You may contact us by emailing Us at email@example.com or by phone at 1 (833) 622-1643.
If you would like further information about your privacy rights, opting-out of the collection or use of your information, accessing or correcting your information, or to register a complaint in circumstances where these rights are available as a under applicable law, you can contact Us by mail:
Clear Technologies Inc.
Attention: Privacy Officer
1465 Strasburg Rd. Kitchener,
ON CANADA N2R 1H2