Privacy Policy

This Privacy Policy describes Cleary Technologies, Inc. (“Cleary”, “we,” “our” or “us”) practices with respect to the collection, use, and disclosure of information we collect from you through our websites, web and mobile applications, employee experience products and services, and any other products or services we provide to our customers and our customers’ users (collectively, the “Services“).

By accessing or using the Services, you agree to this Privacy Policy and our Terms of Service. Capitalized terms not defined in this Privacy Policy will have the meanings ascribed to them in the Terms of Service. Any processing of information or content uploaded by way of the Services (collectively, “Customer Data”) will be subject to these terms with you or of the entity (e.g., your employer) that entered into the Terms of Service or other agreement with us. If you have any questions about access, use, settings and privacy practices, please contact the entity providing you with access to the Services.

This Privacy Policy does not apply to any third party products or services, applications or software, including those that integrate with the Services (“Third Party Services”).

WHAT INFORMATION WE COLLECT

Customer Data and Other Information. We may collect and receive Customer Data and other information (collectively, “Information”) in a variety of ways. Customers or users granted access to the Services by a customer of ours may upload Customer Data to the Services. We may also collect and receive other Information in the following ways, including when you:

• Create or register an account;
• Administer your account;
• Upload Information to the Services;
• Submit questions, requests, other communications to us via forms, email, or other communication channels;
• contact us for technical or customer support;
• Interact with our social media accounts;
• Participate in contests, surveys, demonstrations, or other promotional or marketing events;
• Interact with other users and guests on our public forums;
• Apply for employment, or
• Integrate Third Party Services with your account.

Account Information. To create or update an account with us, you or our customer (e.g., your employer) provides us with Information related to the creation of accounts or that otherwise identifies you as a customer or a User. Information may include Personal information (as defined below), such as your name, email address, mailing address, age, gender or phone number. If you create an account using any third-party service (such as Google), we may collect Information about you from the third-party service provider (such as your username or user ID associated with the third-party service). By choosing to create an account using the third-party service, you authorize us to collect Information necessary to authenticate your account with that third-party service provider. In addition, if you purchase a paid version of the Services, you may provide us (or our payment processors) with billing details such as credit card information, banking information and a billing address. If you are a User using the Services through an account created on your behalf by a customer of ours (such as an employer), we may collect and process Information about you on behalf of the customer with whom your use of the Services is associated.

Use of the Services. We collect information about how you use the Services and some of your actions on the Services, including IP addresses, what software and hardware you use (such as browser types, operating systems, ISP, platform type, device type, mobile device identifiers (i.e., make and model and mobile carrier)), metadata, pages or features of the Services used and associated dates and time-stamps, search terms, links you click, whether you open messages sent to your account, and other statistics related to your usage of the Services. We may also use tools, including third party tools, to collect analytics data. Some of this information is collected through the use of “cookies” and other tracking technologies, such as web beacons and similar technologies. We may also work with third party partners to support our use of these tracking technologies. These are used by us to allow you access to our Services, identify irregular site behavior, prevent fraudulent activity and improve security, assess the performance of our Services, help us understand how our Users use the Services, allow us to offer you enhanced functionality when accessing or using our Services, for instance, to identify you when you sign into our Services or to keep track of your specified preferences, interests, or past items viewed, or to use first party or third party data to deliver content, including ads relevant to your interests, on our Services or on third party sites.

Location Information. We receive Information from you, Users of our customers and other third parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. We may also collect location information from devices in accordance with the consent process provided by your device.

Contacts. In accordance with the consent process provided by your device, any contact information that a user chooses to import (such as an address book from a device) is collected when using the Services.

Third Party Services. Certain aspects of the Services allow you to link or integrate third party products and services to enable certain features and functionalities with the Services. If you choose to use these features or functionalities, you may be asked to create an account with a third-party service provider or link your existing account with that service provider (and, by doing so, agree to the privacy policy and/or terms and conditions of that third-party). You may also be asked to authorize us to collect information from the third-party service provider on your behalf. We will then collect information (such as your username or user ID associated with that third-party service) from you and/or that third party service provider as necessary to enable the Services to access your data and content stored with that third-party service provider. Once the authentication is complete, we have the ability to access information you provided to us or was otherwise collected by the third-party service in accordance with the privacy practices of that third-party service. We will store the information and data we collect and associate it with your account, and we will only use that information and data to enable the integration of the Services with the third-party service provider and to perform actions requested or initiated by you, or that are reasonably necessary to carry out instructions provided by you.

Third Party Data. We may receive data about organizations, industries, lists of companies that are customers, site visitors, marketing campaigns and other matters related to our business from affiliates, our partners, or others that we use to make our own information more useful. This data may be combined with Information we collect and might include aggregate-level data or specific data.

You are under no obligation to provide Information to us, however, certain Information is collected automatically and, if some Information, such as account Information, is not provided to us, we may not be able to provide the Services.

Data Partners. When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

HOW WE USE INFORMATION

Customer Data will be used by us in accordance with your instructions, including in the Terms or any applicable terms in any customer agreement with us and as required by applicable law.

Information may be used in furtherance of our legitimate business interests that does not conflict with this Privacy Policy, including as described below.

To Provide the Services. We may use Information to provide the Services to you including:

• Responding to requests or inquiries from you;
• Providing customer support or technical assistance;
• Contacting you to provide updates to our products and services;
• Providing marketing materials for our products, services and features that you may be interested in;
• Monitoring the performance of our marketing efforts;
• Creating, managing, or administering your Information and account, including identifying you with your account or the account of a customer of ours;
• Billing you and processing your financial Information and other payment methods for products or Services purchased;
• Providing access to certain areas, functionalities, and features of our Services;
• Communicating with you about activities on our Services and policy changes;
• Undertaking activities to secure, verify or maintain the quality of a service;
• Allowing you to register for events, or
• Sharing with third parties for the purposes discussed below.

To Improve, Update and Protect the Services. We may use Information to improve, update and protect the Services including:

• To improve, upgrade or enhance our Services;
• For other business analysis or research purposes;
• To customize existing and future product offerings and other aspects of the Services to you and Users;
• To secure the Services and our systems, and to protect your Information and data;
• To protect against malicious, deceptive or illegal activity and to prosecute those responsible for that activity;
• To verify your identity and to prevent fraud;
• To debug and repair errors that impair existing intended functionality;
• To enforce our terms and policies; or
• To comply with our legal obligations and as required by applicable law, rule, legal process or regulation, or as may be required for the public good;
• For audit purposes, or for other compliance activities.

If Information is aggregated or de-identified so that it is no longer reasonably associated with an identified or identifiable natural person, we may use it for any business purpose.

To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Information.” We may use Personal Information for the above purposes, in accordance with your instructions, your customer agreement with us and applicable law, including to respond to law enforcement or other governmental or legal requests. We may also use Personal Information for other purposes that are clearly disclosed to you at the time you provide Personal Information, or with your consent.

DATA RETENTION

We will retain Customer Data to fulfill the purposes for which it was collected in accordance with a customer’s instructions, including any applicable terms in our agreement with the customer, and as required by applicable law. We will retain other Information for as long as necessary for the purposes described in this Privacy Policy. We may keep such Information after you have deactivated your account for the period of time needed for us to comply with applicable law, pursue legitimate business interests, conduct audits, comply with legal obligations, resolve disputes, and enforce our agreements.

MANAGING INFORMATION

You may access, correct, amend, or delete Information by accessing it within your account or by contacting us at support@gocleary.com. Information you delete may be retained in archived or backup copies in order to enable you to use certain features of the Services. For any questions regarding managing your Information, please contact us at support@gocleary.com. Please note that permanent deletion of Information through this process may impair or disable those features with respect to that Information.

If you would prefer not to accept cookies or otherwise wish to disable our use of tracking technologies, most browsers and mobile devices allow you to change your settings so as to notify you when you receive cookies or other tracking technologies are being used, and to choose whether or not to accept/allow it. Most browsers also allow you to disable or delete existing cookies or to automatically reject future cookies. Disabling cookies, however, may limit your ability to use the Services. Certain tracking technologies we use are related to advertising networks, and through those technologies we may share certain information such as IP addresses. Please note that the information we share with those advertising networks might be combined with other information about you that those networks may have collected from other sources. To learn more about advertising networks and how to opt out of sharing information with them, please visit the following sites: optout.aboutads.info and optout.networkadvertising.org. If you are in the European Union, you can find additional information about your choices with respect to advertising networks and online behavioral advertising by visiting the following site: Your Online Choices. For any questions regarding our use of cookies or tracking technologies, please contact us at support@gocleary.com.

We may use Information we collect for marketing purposes, including to send you promotional email or other communications about new features, products, events, or other opportunities. If you wish to stop receiving these communications or to opt out of use of your Information for these purposes, please follow the opt-out instructions by clicking “Unsubscribe” (or similar opt-out language) in those communications. You can also contact us at support@gocleary.com to opt out.

HOW WE SHARE AND DISCLOSE INFORMATION

Except as specifically provided in this Privacy Policy, we do not share or disclose your Information including your Personal Information. We may share or disclose Information we collect for the following purposes:

• In accordance with a customer’s instructions, including any applicable terms in a customer agreement, and in compliance with applicable law and legal process.
• With vendors we engage to help provide you with the Services, such as data storage, hosting, and payment processing.
• With third-party service providers who enable certain features or functionalities of the Services that you have requested.
• With vendors we engage to help us with marketing and email campaigns, to advertise, gain insights, and perform analytics into how the Services are used and how they might be improved.
• As necessary to comply with applicable law, including governmental requests, law enforcement requests, and otherwise to protect the rights, privacy, safety, or property of you, us, or others.
• As necessary in the event of a proposed or actual reorganization, reincorporation, change of control, merger, sale, joint venture, assignment, transfer, financing, bankruptcy, public offering, or other disposition of all or any portion of our business, assets, or stock.
• To allow for Users, and other representatives and personnel of our customers to be able to access, modify, or restrict access to Information.
• With others for any legitimate business purpose that does not conflict with the statements made in this Privacy Policy.

Customers of the Services may enable or permit users to enable Third Party Services. We require the Third Party Services to disclose all permissions for Information access in the Services, but we do not guarantee that they do so. When enabled, we may share Information with such Third Party Services. Third Party Services are not owned or controlled by us and third parties that have been granted access to Information may have their own policies and practices for its collection, use, and sharing.

We may disclose or use aggregated or de-identified Information for any legitimate business purpose. For example, we may share aggregated and/or de-identified Information with prospects or partners for business or research purposes or for statistical and analytical purposes.

SECURITY

We implement appropriate technical and organizational measures to protect the information we collect and store. Unfortunately, given the nature of communications and information processing technology, we cannot guarantee that Information during transmission over the Internet or while stored on our systems or otherwise in our possession will be absolutely safe from destruction, loss, alteration, unauthorized disclosure of, or access by others. When you click a link to a third-party site, you will be leaving our site and we don’t control or endorse any third-party sites. If you believe your Information may not be secure for any reason, please contact us immediately at security@gocleary.com.

AGE RESTRICTIONS

The Services are not directed to anyone under the age of 18 (or other age as required by applicable law) and we do not knowingly collect Personal Information from children. If we learn that we have collected Personal Information from a child, we will take reasonable steps to delete such information from our files as soon as is practicable.

CHANGES TO THIS PRIVACY POLICY

Any Information that we collect is subject to the Privacy Policy in effect at the time such Information is collected. We may, however, revise the Privacy Policy from time to time. The current version of the Privacy Policy will always be posted to our Privacy Policy page. If you have any questions about this Privacy Policy, please contact us at support@gocleary.com or call us at ‪(415) 570-8610.

INTERNATIONAL DATA TRANSFERS

We process and store information on servers located in the United States, and we may store Information on servers and equipment in other countries, including the locations of our users and third party service providers. By using the Services, you agree to the transfer of Information, including Personal Information, to locations that may be outside of your country of residence, including the United States, for us to provide the Services. You acknowledge and agree that, as a condition of providing any Information, you can legally transfer it to the United States or another country. The terms of the European Union Model Clauses, also known as Standard Contractual Clauses, are used to meet the adequacy and security requirements for our customers that operate in the European Union and the United Kingdom, and other international transfers of Customer Data. Please contact us for a copy of our Standard Contractual Clauses. To communicate with our Data Protection Officer, please email support@gocleary.com.

Individuals located in certain countries, including the European Economic Area and the United Kingdom, have certain statutory rights in relation to their Personal Information. Subject to any exemptions provided by law, you may have the right to request access to Personal Information, as well as to seek to update, delete or correct Personal Information. You can usually do this by contacting the Administrative User of the entity providing you access or using the settings and tools provided in your Services account. If you cannot use the settings and tools, please contact the customer who controls your access to the Services. Depending on where you live, you may have a right to file a complaint with your local supervisory authority. For more information, please contact us at support@gocleary.com.

CALIFORNIA CONSUMER PRIVACY ACT

California consumers have certain rights regarding the Personal Information we collect about them under the California Consumer Privacy Act (“CCPA”). We collect and share the Personal Information for the business and commercial purposes described in this Privacy Policy. We do not sell (as ‘sell’ is defined in the CCPA) the Personal Information we collect. Subject to certain limitations, the CCPA also provides California consumers the right to request to know more details about the categories or specific pieces of Personal Information we collect (including how we use and disclose this information), to delete their Personal Information, to opt out of any ‘sales’ that may be occurring, and to not be discriminated against for exercising these rights. California consumers may make a request pursuant to their rights under the CCPA by contacting us at support@gocleary.com. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

CONTACTING US

Please feel free to contact us if you have any questions about this Privacy Policy, or if you are seeking to exercise any of your legal rights. We will respond within a reasonable time period. You may contact us at support@gocleary.com or by phone at ‪(415) 570-8610.