Privacy Statement

Clarity Software Solutions, Inc. (“Clarity”) is committed to protecting any personal information that you may provide to us. The information below is provided in the interest of informing you as to how Clarity protects the privacy and security of your personal information.

Acceptance

For Clarity to operate as a business and to provide products and services, Clarity requires certain personal information (“your personal information”) that includes information that identifies you and, with regard to the need to meet certain legal requirements, the location from which you send us your personal information. “Personal information” includes, but it not limited to, business email addresses and IP addresses. Clarity takes commercially reasonable measures to protect Personal Information

If you do not agree with this Privacy Statement or how your personal information is used, do not use our services.

The legal basis for our uses, sharing, and disclosures (“processing”) of your personal information includes, as pertinent, where processing of your personal information is:

Necessary to perform the contractual obligations in agreements to provide products or services;
You have consented to the processing as set out in this Privacy Statement to the extent Clarity, as a data processor, is required to obtain consent which consent you can revoke at any time;
Necessary to comply with a Federal, State, or local legal obligation, a court order, or to exercise or defend a legal claim;
Necessary for the purposes of our or a third-party’s legitimate business interests so long as those interests do not override personal rights as indicated by law;
You have expressly made your personal information public; and
The information is necessary to protect your vital interests or the interest of others.

Personal Information Collected and/or Received

Clarity may use Personal Information as needed to deliver products and/or service to you. Clarity may use personal information in a variety of ways to meet our obligations to you to provide you with a variety of services and products. These uses are based in our legitimate business interests in providing products and services to you and/or fulfillment of our contractual obligation to deliver products and services you have requested. We have balanced these business needs carefully with your privacy rights and these uses do not improperly infringe on your privacy and confidentiality rights

Personal Information that may be collected by Clarity may include:

Name, postal address, phone number e-mail address and the IP address of the device you use to communicate with us.
Financial account information, such as business credit card number and other payment information.
We may combine information we collect about you with information we receive from third parties.

We may also collect information about you such as:

If you create an account – your username, business email address, password and mobile phone number.
If you use our mobile applications – information such as your device ID, your location and stores near you and visited by you may be collected
If you take a survey or interact with us in various other ways – demographics information and information about subjects that may interest you.
Your orders for products or services.
Your inquiries sent to our offices or our website.
Analytics and cookies (described in greater detail below), if you consent as indicated in this Privacy Statement or as required by law.
We may also collect aggregated data or anonymized data that does not directly identify you.
We may combine information we collect about you with information we receive from third parties.
We may share personal information where we have a good faith belief that such action is necessary to comply with a judicial proceeding, a court order, or legal process served on us, or to establish or exercise our legal rights or defend against legal claims.
We may share such information where we have a good faith belief that it is necessary in order to investigate (or assist in the investigation of), prevent, or take action regarding illegal activities, suspected fraud, cyber-attack, situations involving potential threats to the physical safety of any person, violations of Clarity’s Terms of Use, or as otherwise required by law.

Domain name information that we collect on our website is not used to personally identify you and instead is aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. We use this information to measure the use of our site and to improve the content of our site. When other information is collected from you, such as your name and e-mail address, we let you know at the time of collection how we will use the personal information. Usually, we use the personal information you provide only to respond to your inquiry or to process your request.

If Clarity is acquired by or merged with another company, we will transfer information about you to this other company in connection with the acquisition or merger.

Right to Object

If you are a resident of the European Union or a U.S. state that provides you with a right to object to processing of your personal information, you may object to our using your personal information for the above purposes at any time by contacting compliance@clarityssi.com. If you do so, we will cease using your personal information for the above purposes (i.e., under a legitimate interest set out above) and remove it from its systems unless such personal information is permitted to be used by Clarity for another purpose set out in this Privacy Statement or Clarity determines and demonstrates a compelling legitimate interest to continue in processing your personal information.

Cookies

In general, you can visit this Web site without telling us who you are or revealing any information about yourself. Our web servers collect the IP Addresses, not the e-mail addresses, of visitors. Our web servers also check (as many Web sites do) to place a “cookie” (a small data file) on your computer’s hard drive which allows the server to determine the computer when it visits again, in order to track statistical information about navigation to and throughout certain areas of our site. This cookie is not used to obtain any personal information other than your IP Address and the information that is tracked is used only for internal purposes, such as to improve the site, and is not shared. However, if you prefer not to accept cookies, you can set your browser to reject them or to alert you before one is placed by modifying your cookie preferences in your browser settings.

Information Usage

We may use your information to:

Provide you with products or services that you have requested.
Send you communications that you have requested or that may be of interest to you. These communications may include information about our products and services. You may opt out of these communications at any time by emailing your request to opt out to compliance@clarityssi.com. You may also withdraw your consent to email marketing by unsubscribing, using the unsubscribe link in such communications.
Seek your views on our products and services.
Where we have a good faith belief that it is necessary in order to investigate (or assist in the investigation of), prevent, or take action regarding illegal activities, suspected fraud, cyber-attack, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law.
Share personal information where we have a good faith belief that such action is necessary to comply with a judicial proceeding, a court order, or legal process served on us, or to establish or exercise our legal rights or defend against legal claims.
For maintenance and enhancement of the security of the digital information we collect and use, including analysis of the personal information to pursue the legitimate business interest in protecting our customers and website visitors against malware, cyber-attack and other crime and security risks.
Notify you of changes to our products or services.
Carry out obligations arising from any contracts or other agreements entered into by you and us.

Privacy of Minors and Children

Clarity complies with the Children’s Online Privacy Protection Act, which requires the consent of a parent or guardian for the collection of personally identifiable information from children under 13 years of age. Clarity does not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. However, it is possible that we may inadvertently receive information pertaining to children under 13. If you believe that we have received information about your child that is under the age of 13, please do not hesitate to notify us at compliance@clarityssi.com. When we receive your notification, we will obtain your consent to retain the information or will delete it permanently.

Sharing of Personal Information with Third Parties

In general, Clarity does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide the products or services you have requested, when we have your consent as indicated in Section I of this Privacy Statement or as required by law, or for our legitimate business purposes as follows:

We may provide personal information to trusted partners and vendors who work on behalf of or with Clarity under written confidentiality and similar agreements prohibiting such parties’ further use of the information. Some of these companies may use your personal information to help Clarity communicate with you about offers from Clarity and our business partners. However, these companies do not have any independent right to use or share this information.
When you are using our secure online payment pages, your payment is processed by a third-party payment processor, who specializes in the secure online capture and processing of credit/debit card transactions. If you have any questions regarding secure transactions, please contact the provider specified for your activation directly.
We may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganization, or if we’re under a duty to disclose or share your personal data in order to comply with any legal obligation or to enforce or apply our terms of use or to protect the rights, property or safety of our supporters and customers. However, we will take steps with the aim of ensuring that your privacy rights continue to be protected.

Individual Rights

Withdrawal

You may, if you are located within the European Union, a country that has adopted the European Union’s General Data Protection Regulation (“GDPR”), or if the laws of your country or U.S. state otherwise require, withdraw your consent where consent is required or otherwise object to uses of your information as described above by contacting compliance@clarityssi.com.

You may also withdraw your consent to email marketing by unsubscribing, using the unsubscribe link in such communications.

If you do so, Clarity will cease using your personal information for the above purposes and remove it from its systems unless such personal information is permitted to be used by Clarity for another purpose set out in this Privacy Statement or Clarity determines and demonstrates a compelling legitimate interest to continue in processing your personal information.

In case of withdrawal of consent, Clarity will not process your personal information subject to this consent any longer unless legally required to do so.

In case Clarity is required to retain your personal information for legal reasons your personal information will be restricted from further processing and only retained for the term required by law.

Any withdrawal has no effect on past processing of personal information by Clarity up to the point in time of your withdrawal. Furthermore, if your use of a Clarity offering requires your prior consent, Clarity will not be able to provide the relevant product, service, offer, or event to you after your withdrawal.

Please direct any such request for withdrawal to Clarity at compliance@clarityssi.com.

Information Request

You can request from Clarity, at any time, information about which personal information Clarity processes about you and the correction or deletion of such personal information. If Clarity uses your personal information to perform a contract with you, you may further request a copy of the personal data that you have provided to Clarity. To make such a request, please contact the email set forth below and specify in detail the information or the activity to which your request relates, the format in which you would like the personal data returned and the recipient, you or your designee. Furthermore, you may contact Clarity if you believe that the personal information that Clarity has is incorrect.

If you are located within the European Union, a country that has adopted GDPR or U.S. states that has provided the rights enumerated and described below, you may benefit from a number of rights with regard to your personal information that we process. These rights are defined and, in some cases limited, by the laws of your jurisdiction. These rights include:

data portability, including the right to obtain a copy of the personal information you have provided to Clarity;
data correction (also known as rectification), including the ability to request correction or amendment of your personal information and
data deletion, including the right to have Clarity delete your personal information except for information that we are required to retain.

Your right to have your personal information deleted does not apply, however, where the information is necessary:

for exercising the right of freedom of expression and information;
for compliance with a legal obligation which requires processing by European Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
for the establishment, exercise or defense of legal claims.

You also have the right to have Clarity cease processing your personal information, but that right is dependent upon the following events:

you state that the personal information Clarity has about you is incorrect; but Clarity may retain the information for as long as it requires to check the accuracy of the relevant personal information;
there is no legal basis for Clarity’s processing of your personal information and you demand that Clarity restrict your personal information from further processing,
Clarity no longer requires your personal information but you claim that you require such data in order to claim or exercise legal rights or to defend against third party claims;
in case you object to the processing of your personal information by Clarity it may retain and process the information for as long as it is required to review as to whether Clarity has a prevailing interest or legal obligation in continuing to process your personal information.
you are the verified owner of the personal information in question

You may inquire about the exercise of these rights and, if the laws of your jurisdiction permit, exercise them as permitted by law by contacting compliance@clarityssi.com.

California and Virginia Residents

The only personal information Clarity collects, processes and maintains is business information in which you or an organization on your behalf have communicated with us concerning a business transaction, asked us to perform a service or provide you with a product, or which is otherwise excluded from the definition of “personal information” and most of the requirements with regard to that information within the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CRPA), and the Virginia Consumer Data Protection Act (VCDPA). The business basis for, and the manner in which, such business information is collected, processed, and protected is set forth within this Privacy Notice.

Clarity does not “sell” personal information as the terms “sell” or “sale” are defined within CCPA and VCDPA. Clarity only shares the information it collects with business partners who are its “service providers” and sharing information in this way is not a “sale” as that term is defined in the CCPA. and the VCDPA. Service providers are business partners who perform business functions for Clarity, as the term “Service Provider” is defined within CCPA and the VCDPA. They agree to use information only for these business purposes and not to redisclose it except as permitted or required by law as set out in our contracts with them. The nature of the services provided by these business partners and a description of the categories of these service providers is set forth within this Privacy Notice.

If you have questions regarding collection and sharing of your business information or believe that information that identifies you and has been collected and shared by Clarity is not business information within the meaning of CCPA or VCDPA or is not provided to a service provider as stated above, and you wish to advise us of these beliefs and ask that we not share that information please contact compliance@clarityssi.com.

Data Security

The security of your personal information is very important to us, as is represented by Clarity’s HITRUST CSF security certification and SOC 2 Type II security certification, both of which are aligned with NIST 800-53 standards. We utilize commercially reasonable information security standards to protect your personal information from unauthorized access, use, or disclosure. Clarity supports online security using appropriately secure technology because we want your data to be safe. We bind our employees and data processors to written agreements to observe your privacy and confidentiality rights. While Clarity recognizes that no method of internet transmission is one hundred percent secure, current industry best practices and standards have been employed to protect your information, and the protections continue to evolve. While we strive to protect your personal information, we cannot guarantee its security.

Retention and Destruction

Clarity will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Statement, or as required or permitted by law (no greater than 10 years), and then will securely remove in it following guidelines defined in NIST 800-88 and as required by law. For example, Clarity will retain your information as long as required to comply with applicable tax/revenue laws, cybersecurity and privacy laws, laws and regulations that affect the conduct of our business; to resolve disputes, enforce our agreements, co-operate with law enforcement requests or to meet other legal obligations. We may also retain log files for internal analysis purposes, though we would retain them for only a brief period except in cases where we are legally required to retain them for longer periods, and in cases where they are used for site safety and security or to improve website functionality.

International Rights

Clarity operates on an international basis. By using our Services you understand and agree that your personal information may be transferred from the European Economic Area (the “EEA,” which comprises the European Union countries plus Norway, Iceland, Liechtenstein) to a country that does not have an equivalent level of data protection, such as the United States. When your personal information is transferred from your home country to another country, the laws and regulations that protect your personal information may be different than those in your home country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law.

To the extent that Clarity is deemed to transfer your personal information outside the EEA, Clarity relies upon data transfer agreements with Model Contract Clauses, which the European Commission has adopted to provide safeguards for personal information that is transferred outside the EEA. You may obtain a copy of the Model Clauses by contacting compliance@clarityssi.com.

Clarity Contact

If you have questions regarding this Privacy Statement, wish to lodge a complaint, or wish to exercise the rights in the Choice and Control section of the Privacy Statement, you may contact compliance@clarityssi.com.

Updates to this Privacy Statement

This Privacy Statement is reviewed, at a minimum, annually for updates and changes, and it may be updated more frequently as the security landscape evolves. Clarity reserves the right to make changes to this policy without notice. We encourage you to periodically review this Privacy Policy to stay informed about our collection, use, and disclosure of personal information.