Privacy Policy
Last modified: September 18, 2024
Introduction:
ClearCompany, LLC, All Clear Screening LLC, and Brainier Solutions, Inc. (collectively, “ClearCompany,” “We,” Us,” or “Our”) respect your privacy and are committed to protecting it.
This Privacy Policy (“Policy”) describes our practices for collecting, using, disclosing, and otherwise processing Personal Information (i.e., information that relates to an individual), including when:
- You visit the website https://www.clearcompany.com/or related sub-domains https://*.clearcompany.com and our Software-as-a-Service (SaaS) application (collectively referred to as our “Website”);
- You email, text, or otherwise communicate with us;
- You sign up to receive email, text, mail, or other communications from us;
- You respond to our surveys, questionnaires, or requests for feedback; or
- You otherwise provide your information to us in the context of our relationship with you
- We independently collect your Personal Information for our own use (collectively, the “Services”).
We primarily handle Personal Information on behalf of our customers to provide our Website. When we do, we process this information pursuant to a contract with our customer. We are not responsible for our customers’ privacy and data processing practices. To understand how our customer collects and uses information about you, please refer to that customer’s privacy policy.
Please read this Policy carefully as it will help you make informed decisions about sharing your information with us. This Policy may change from time to time, so please check the Policy periodically for updates. We will post the updated version to this page along with the last modified date at the top of the page.
Information We Collect About You and How We Collect It:
ClearCompany may collect Personal Information from and about you and your devices. Please find more information on how we collect your information below.
Information You Provide to Us:
When you interact with our Services, we may collect certain information directly from you, including when you:
- Request a demonstration of our Services or fill in forms on our Website. We may collect your name, company name, job title, email address, and phone number.
- Register for an account with us. We may collect your name, email address, and account information (like username).
- Purchase our products or services. We may collect information about your purchase or subscription and payment information.
- Respond to surveys that we might ask you to complete for research purposes. We may collect your name, email address, and other information you choose to provide.
- Subscribe to our newsletter. We may collect your name and email address.
- Send us correspondence, such as emails or letters, report a problem with our Services, or otherwise communicate with us. We may collect your name and other information you choose to provide.
You may be required to provide Personal Information unless we indicate that it is voluntary. Not providing Personal Information when required may prevent us from providing the Services to you.
Cookies, Scripts, and Related Automated Technologies:
When you visit our Website, we and our third-party service providers may collect certain information about you based on your use of the Website using cookies, scripts, and related automated technologies. For example:
- When you use our Services, we may receive information about the device and software you use to access our Services, including your IP (Internet protocol) address, web browser type, and operating system version.
- To help us understand how you use our Services and to help us improve them, when you use our Services, we may automatically receive information about your interactions with our Services, like the pages or other content you view, pages you request, the websites you visited before and after using our Services, and the dates, times, and duration of your visits.
- When you use our Services, we may infer the general physical location of your device and the geographic regions our Website users come from using your IP address.
For more information on automated data collection technologies, please refer to the “Information from Cookies, Scripts, and Related Automated Technologies” section of this Privacy Policy.
Information Obtained from Third Parties:
We may obtain your information through third-party sources, including:
- If you are using the Services as an end user of our customers, we may receive information about you from our customers who use the Services.
- We may also receive additional information about you from other third parties, such as data or marketing partners, and combine it with other information we have about you.
How We Use Your Information:
We use your Personal Information as outlined below:
- To improve and enhance the Services.
- To provide information, products, or Services that you or our customers request from us.
- To carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection.
- To notify you about changes to our Services or any products or services we offer or provide through it, respond to comments and questions, and otherwise provide customer support.
- For marketing purposes, such as to measure customer interest in the products and services provided by us and develop and inform you about online and offline offers, products, services, and updates that may be useful, relevant, or otherwise of interest to you.
- To detect and protect against error, fraud and other criminal activity, and respond to trust and safety issues that may arise.
- In connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets.
- For compliance purposes, including to enforce our terms and agreements or other legal rights, or as may be required by applicable laws, regulations or judicial process or governmental agencies.
- In any other way that we may describe at the time of collection; consistent with the context of the collection of your information; or with your consent.
Disclosure of Your Information:
We may disclose Personal Information that we collect or you provide as described in this Policy in the following circumstances:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business.
- To our advertising partners that we use to serve ads and manage ads.
- To a buyer or other successor or other party involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ClearCompany’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by ClearCompany about our Service users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- To our customers, including when our customers request the information, when you apply to a position managed by the Website on behalf of a customer, or when you become an employee of an employer who uses the Website.
- With your consent.
We may also disclose your Personal Information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply our terms of use as posted onour Website and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ClearCompany, our customers, or others.
We may also disclose aggregated information about our users and information that does not identify any individual as permitted by law.
Information from Cookies, Scripts, and Related Automated Technologies:
We and third-party partners use various automated data collection technologies, which may include “cookies,” scripts, pixel tags, or similar technology, to gather information about users of our Services – such as pages visited and how often they are visited – and to enable certain features on the Services. “Cookies” are small text files that may be placed on your computer when you visit a website or click on a URL.
While the automated data collection technologies we use may change from time to time, they generally fall into one of the following categories:
- Necessary cookies.These cookies are necessary for you to use the services, load and view content, and access your account.
- Functionality cookies.These cookies help us remember you and personalize features and content for you on the Services.
- Advertisement cookies.These cookies allow us to better understand your interests and to place advertisements on our or other websites, measure their effectiveness, and personalize their content to you. These cookies may collect information about your online activities over time and across websites.
- Analytics cookies.These cookies help us compile statistics and analytics about users, including traffic, usage, and trend data, which enable us to understand how users engage with the Website. For example, we use Google Analytics to understand how our Services are used. To learn more about how Google collects and processes data, please visit google.com/policies/privacy/partners.
If you do not want to accept cookies, you can disable using the “Cookies settings” pop-up notification when you visit the Website. You may also disable cookies and similar items by adjusting your browser preferences at any time or navigating to https://www.clearcompany.com/cookies/. Please be aware that disabling cookies may limit your ability to take advantage of certain features on the Services.
Do Not Track Policy:
Some browsers have “Do Not Track” features that allow you to tell a website not to track you. As these features are not all uniform and no accepted standard for how such signals should be interpreted, we do not currently respond to those signals.
Your Choices:
We strive to provide you with choices regarding your information. We have created mechanisms to provide you with the following control over your information:
- Cookies, Scripts, and Related Automated Technologies. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
- Targeted Advertising. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website at https://optout.networkadvertising.org/ and from members of the Digital Advertising Alliance (“DAA”) on the DDA’s website at https://optout.aboutads.info/?c=2&lang=EN.
- Promotional Offers. If you do not wish to have your email address used by us to promote our own or third parties’ products or services, you can opt out by sending us an e-mail stating your request toinfo@clearcompany.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
- Updating, Correcting, and Deleting Data. We provide an individual who has submitted information in their profile on the Website with the ability to review, correct, and request the deletion of the information that was entered in their profile. To correct or delete any information in a Website profile, you may update that profile (through your account page on the Website) or may contact us by emailing us at DPO@clearcompany.com. If you’ve applied to one of ClearCompany’s customers’ requisitions, you may be redirected back to them to complete this request.
EU-US Data Privacy Framework (EU-US DPF), the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework (Swiss-US DPF)
ClearCompany complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. ClearCompany has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) regarding the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom in reliance on the UK Extension to the EU-U.S. DPF. ClearCompany has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) regarding the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program and to view our certification, please visit https://www.dataprivacyframework.gov/.
In compliance with the DPF Principles, we affirm the following statements:
- We are subject to the oversight and enforcement authority of the Federal Trade Commission
- We acknowledge the EU, UK, and Swiss individual’s right to access their data and to amend or correct inaccurate or incomplete information.
- We acknowledge the right of EU, UK, and Swiss individuals to demand removal of personal data that has been handled in violation of the DPF Principles.
- We may be required to release personal information in response to legal requests by public authorities including to meet law enforcement and/or national security requirements.
In compliance with the EU-U.S Data Privacy Framework (EU-U.S DPF), the UK Extension to the EU-U.S DPF, and the Swiss-U.S Data Privacy Framework (Swiss-U.S DPF) Principles, ClearCompany commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the EU-U.S. DPF, the UK extension to the EU-U.S DPF, and the Swiss-U.S. Data Privacy FrameworkPrinciples. European Union, United Kingdom, and Swiss individuals with inquiries or complaints should first contact DPO@clearcompany.com.
ClearCompany has further committed to refer unresolved privacy complaints under the Data Privacy Framework program to an independent dispute resolution mechanism, Data Privacy Framework Services, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed,please visithttps://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumersfor more information and to file a complaint. This service is provided free of charge to you.
If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2.
Data Originating From the European Union:
ClearCompany relies on the European Commission approved Standard Contractual Clauses for transfers of personal data from the EU, UK, and Switzerland not governed by the EU-U.S. DPF or Swiss-U.S. DPF.
Notice to California Residents:
This section supplements the information and disclosures contained above. It applies only to individuals residing in California about whom we collect Personal Information as a business under the California Consumer Privacy Act (“CCPA”).
We engage in business interactions with third parties that might be considered a “sale” of Personal Information or “sharing” of Personal Information for targeted advertising, as those concepts are defined by CCPA. We do not knowingly sell or share Personal Information of minors under the age of 16.
The chart below provides the categories of Personal Information we have collected and with whom it was sold, shared, or disclosed for a business purpose in the preceding 12 months.
| Category of Personal Information | Categories of Third Parties to Whom We Disclose for a Business Purpose | Categories of Third Parties to Whom We Sell or Share |
| A. Identifiers
Examples: Name, email address, postal address, telephone number, internet protocol address, email address, account name, or other similar identifiers. |
• Affiliates and subsidiaries
• Service providers • Our customer, if they are your employer • In connection with a corporate transaction • Entities to which you have consented to the disclosure • To law enforcement or other recipients for legal purposes |
• Advertising partners
• Providers of automated data collection technologies • Our customers |
| B. Records About You (under Cal. Civ. Code Section 1798.80(e))
Examples: Signatures, information about your communications with us, other information you choose to provide to us. |
• Affiliates and subsidiaries
• Service providers • Our customer, if they are your employer • In connection with a corporate transaction • Entities to which you have consented to the disclosure • To law enforcement or other recipients for legal purposes |
• Advertising partners
• Providers of automated data collection technologies • Our customers |
| C. Commercial Information
Examples: Information related to your transactions or subscriptions, including products or services purchased or considered. |
• Affiliates and subsidiaries
• Service providers • In connection with a corporate transaction • Entities to which you have consented to the disclosure • To law enforcement or other recipients for legal purposes |
• Advertising partners
• Providers of automated data collection technologies |
| D. Internet or Other Electronic Network Activity Information
Examples: Browsing history, search history, and information regarding your interactions with the Services. |
• Affiliates and subsidiaries
• Service providers • In connection with a corporate transaction • Entities to which you have consented to the disclosure • To law enforcement or other recipients for legal purposes |
• Advertising partners
• Providers of automated data collection technologies |
| E. Geolocation Data
Example: Approximate location based on your IP address. |
• Affiliates and subsidiaries
• Service providers • In connection with a corporate transaction • Entities to which you have consented to the disclosure • To law enforcement or other recipients for legal purposes |
• Advertising partners
• Providers of automated data collection technologies |
| F. Professional or employment-related information
Examples: Job title, employer. |
• Affiliates and subsidiaries
• Service providers • Our customer, if they are your employer • In connection with a corporate transaction • Entities to which you have consented to the disclosure • To law enforcement or other recipients for legal purposes |
• Our customers |
| G. Inferences Drawn from Personal Information
Examples: Consumer profiles reflecting your preferences or interests. |
• Affiliates and subsidiaries
• Service providers • In connection with a corporate transaction • Entities to which you have consented to the disclosure • To law enforcement or other recipients for legal purposes |
• Advertising partners
• Providers of automated data collection technologies • Our customers |
We collect the above categories of Personal Information from the sources described in the “Information We Collect About You and How We Collect It” section above for the purposes described in the “How We Use Your Information” section above. We do not use or disclose sensitive personal information for purposes that you have a right to limit under California law. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Your California Privacy Rights
If you are a California resident, you may exercise the following rights:
- Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, or disclosed by us; (2) purposes for which categories of Personal Information are collected, sold, or shared by us; (3) categories of sources from which we collect Personal Information; (4) the categories of third parties to whom we have disclosed your Personal Information; and (5) specific pieces of Personal Information we have collected about you during the past 12 months.
- Right to Delete. You may submit a verifiable request that we delete Personal Information that we have collected from you.
- Right to Correct. You may submit a verifiable request that we correct inaccurate Personal Information about you that we maintain.
- Right to Opt Out of Sale or Sharing. You may submit a request to opt out of the sale of your Personal Information or the sharing of your Personal Information for targeted advertising.
- Right to Nondiscrimination. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights.
To exercise your rights under the CCPA, please contact us at privacy@clearcompany.comor call us at (888) 767-2367. To fully exercise the Right to Opt Out of Sale or Sharing, you must both: (i) submit an opt-out request via email to privacy@clearcompany.com; and (ii) disable the use of certain automated data collection technologies using the preference center at https://www.clearcompany.com/cookies/.
To complete your request, we may need information from you to verify your identity. In most cases, we may request your name, email address, and telephone number. An authorized agent may submit a request on your behalf by emailing us at privacy@clearcompany.com. We may request written authorization signed by you from your authorized agent or may require you to verify the request directly with us.
Notice to Nevada Residents:
If you are a Nevada resident, you have the right to opt out of the sale of certain personal information, including your name and mailing address, to third parties. You may submit such a request via email to privacy@clearcompany.com.
Notice to European Union (“EU”), United Kingdom (“UK”), and Swiss Residents:
ClearCompany is the controller of your Personal Information. You can contact ClearCompany using the information in the “Contact Information” section below.
If you are a resident of the EU, UK, or Switzerland, the rights described in this section can be exercised by you at any time by contacting us at privacy@clearcompany.com.
- Right to access.You have the right to obtain confirmation from us as to whether any Personal Information concerning you is processed by us and a copy of such Personal Information.
- Right to rectification.You have the right to obtain rectification of inaccurate, incomplete or outdated Personal Information concerning you.
- Right to erasure.You have the right to obtain without undue delay the erasure of your Personal Information, subject to certain conditions.
- Right to restriction.You have the right to obtain restriction of processing, subject to certain conditions.
- Right to object.In certain cases, you have the right to object to the processing of your Personal Information.
- Right to data portability.In cases where the data processing is based on your consent or on your contract, and where such processing is carried out by automated means, you can request us (i) to transmit to your Personal Information in a structured, commonly used and machine-readable format, in order to be able to further transmit such Personal Information to another data controller, or (ii) to directly transmit such Personal Information to such other data controller, if technically feasible.
- Right to withdraw consent.Where the processing of your Personal Information is based on consent, you have the right to withdraw such consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
- Right to lodge a complaint.You also have the right to lodge a complaint with the local supervisory authority.
ClearCompany’s Data Protection Officer:
ClearCompany’s Data Protection Officer can be reached at DPO@clearcompany.com.
Legal Basis for Processing:
Where applicable under the European Union’s General Data Protection Regulation (“GDPR”) or similar laws, the legal bases for our processing of your Personal Information are as follows:
| Purpose | Legal Basis |
| To provide information, products, or Services | Performance of a contract with you.
Our legitimate interests in providing products and services and maintaining relationships. |
| To improve and enhance the Services | Our legitimate interest in optimizing the Services and your experience. |
| To carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection | Performance of a contract with you. |
| To notify you about changes to our Services or any products or services we offer or provide through it, respond to comments and questions, and otherwise provide customer support | Performance of a contract with you if you already have a contract with us
or Our legitimate interest in developing our business if you do not have a contract with us. |
| For marketing purposes | Our legitimate interest in marketing to you to develop our business.
With your consent, when required by the applicable law. |
| To detect and protect against error, fraud and other criminal activity, and respond to trust and safety issues that may arise | Our legitimate interest in defending and enforcing our rights and the rights of others. |
| For compliance purposes, including to enforce our terms and agreements or other legal rights, or as may be required by applicable laws, regulations or judicial process or governmental agencies | Compliance with a legal obligation.
Our legitimate interest in defending and enforcing our rights and the rights of others. |
| In connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets | Our legitimate interest in transferring our business or assets.
With your consent, when required by law. |
| In any other way that we may describe at the time of collection; consistent with the context of the collection of your information; or with your consent | Our legitimate interest in providing our Services.
With your consent, when required by law. |
Data Retention:
ClearCompany retains Personal Information for as long as needed to fulfill the purposes for which it was collected. We will retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements with customers and/or the period required by laws in applicable jurisdictions.
Data Security:
We have implemented measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services.
Children Under the Age of 16:
Our Services are not intended for children under 16 years of age. We do not knowingly collect Personal Information from children under 16. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@clearcompany.com.
Third Party Links:
Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.
Changes to Our Privacy Policy:
We will post any changes we make to our Policy on this page. The date the Policy was last revised is identified at the top of the page.
Contact Information:
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at privacy@clearcompany.com.