ViClarity, LLC and YouComply, Ltd
Effective: May 12, 2022
Notice to users in the European Economic Area and the United Kingdom
Notice to California Residents
We may revise and update this Policy from time to time in our sole discretion. All changes are effective immediately when we post them to the Website, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revisions means you acknowledge the changes. You are expected to check this page from time to time so you are aware of any changes.
This Policy applies to information we collect:
- On this Website
- In email, text, and other electronic messages between you and this Website;
- Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website; or
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.
This Policy does not apply to information collected by:
- ViClarity offline or through any other means, including on any other website operated by any third party (including our affiliates and subsidiaries); or
- Any third party (not affiliated with our Website or services offered through our Website), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Data protection is a high priority for ViClarity. The use of the Website pages of ViClarity is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our Website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject is in line with the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and in accordance with other country-specific data protection regulations applicable to ViClarity. By means of this Policy, we like to inform the public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this Policy, of the rights to which they are entitled.
We and our service providers have implemented measures designed to secure your personal information from unintentional loss and from unauthorized access, use, alteration, and disclosure. We believe we have taken reasonable precautions necessary to maintain security for this Website.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a user name, password or any other piece of information for access to certain parts of our Website, you are responsible for keeping this information confidential. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Ultimately, the transmission of information via the Internet is not completely secure. Although we take reasonable precautions to protect your personal information, we cannot guarantee the security of information transmitted to or stored on our Website. Any transmission or storage of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products, or services you request from us.
- To fulfill any other purpose for which you provide it.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To monitor and identify potential fraudulent or suspicious activity.
- To allow you to participate in interactive features on our Website.
- To contact you when we believe there is an issue that needs to be communicated, such as site outages or planned maintenance.
- To use for marketing and user-evaluation purposes, including marketing of services by our affiliates.
- To facilitate payment for certain services offered via the Website.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent or such other legal basis as may be relevant, but, where appropriate, only after notifying you in advance with any information that we are required to provide to you.
The data subject may, at any time, prevent the setting of cookies through our Website by use of the corresponding setting of the Internet browser used, and may permanently deny the setting of cookies. Cookies that are already set may be deleted at any time via an Internet browser or other software programs. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our Website may be entirely usable. For more information about the cookies set by our websites, please see www.viclarity.com/us/cookie-policy.
Collection of general data and information
Our Website collects general data and information when a data subject calls up the Website. This general data and information are stored in the server log files. Collected information may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our Website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using this general data and information, ViClarity does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our Website correctly, (2) optimize the content of our Website as well as its advertisement(s), (3) ensure the long-term viability of our information technology systems and Website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, ViClarity analyzes anonymously collected data and information statistically, with the aim of increasing our data protection and data security, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Disclosure of Your Information
We may use and disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this Policy:
- To our affiliates and third parties to market their products or services to you if you have consented to these marketing disclosures and to receive marketing emails.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To our clients regarding the use of the Website by their employees and representatives.
- To a buyer or other successor in the event of a merger, reorganization, dissolution, or other sale or transfer of some or all of ViClarity's assets, in which personal information held by ViClarity about our Website users is among the assets transferred.
- To process payment for certain services offered via our Website.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- 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.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ViClarity or its affiliates, our clients, or others.
Subscription to Blog Notifications, Webinars, eBooks, and other Marketing Materials
Our Website contains information that enables a quick electronic contact to ViClarity, as well as direct communication with us, which also includes a general e-mail address. If a data subject contacts ViClarity by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to ViClarity are stored for the purpose of processing or contacting the data subject. Your personal data may be stored in a third-party marketing management platform to facilitate the delivery of marketing emails and materials to you.
Users of our Website may request to receive a variety of services, including but not limited to:
- Requests for product demonstrations
- Submissions through the Website’s “Contact Us” form
- Registering for webinars
- Download of whitepapers, case studies, or eBooks
- Responding to surveys facilitated by ViClarity, and
- Subscribing to marketing materials or notifications
You may also opt in to receive marketing materials by engaging with ViClarity through various ways, including:
- Clicking on links through advertising and social media platforms,
- Engaging with us directly through social media platforms, and
- Responding to marketing forms through email or direct mail to which you have already subscribed
The database(s) storing the list of subscribed users resides on systems within the United States of America for users located in the United States of America and in the EEA for users located in any other jurisdiction.
Our blog is available for viewing on our Website, but email notifications of new blog postings or other marketing updates may be received if (1) you have a valid e-mail address and (2) you register to receive email notifications.
When opting into blog notifications, a confirmation e-mail will be sent to the registered e-mail address. This confirmation e-mail is used to prove the owner of the e-mail address is the data subject authorized to receive the blog notifications.
During the registration for these services, we may also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. Your computer’s IP address may be stored in a marketing management platform, but is not directly accessible by our administrators or marketing staff. The collection of this data is necessary to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves to protect the controller.
The personal data collected as part of registration for these services will be used to send the requested information and may also be used to contact you about service offerings. In addition, subscribers to blog notifications may be informed by e-mail, as long as this is necessary for the operation of the blog service or a registration in question, as this could be the case in the event of modifications to the blog, or in the event of a change in technical circumstances.
Personal data may be transferred to a third party for purposes of facilitating delivery of the marketing messages and notifications. The subscription to receive marketing messages may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for delivering the messages or notifications, may be revoked at any time. For the purpose of revocation of consent, a link to unsubscribe from the marketing messages is found in each email message.
Our marketing emails contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, ViClarity may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the emails are stored and analyzed by the controller in order to optimize the delivery of the emails, as well as to adapt the content of future marketing messages to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke their consent issued by means of the opt-out procedure. After a revocation, the user’s information will be marked to be unsubscribed from any marketing messages or notifications. ViClarity automatically regards a withdrawal from the receipt of the marketing messages as a revocation.
Those who subscribe to our PolicyAid service via our Website will provide email address and credit card information (if initial subscriber for your organization). This information allows us to process your subscription to gain access to PolicyAid. Your personal data may be processed and/or stored in a third-party platform to facilitate the processing of payment for and delivery of the PolicyAid subscription.
The database(s) storing the list of subscribed users resides on systems within the United States of America for users located in the United States of America.
The personal data collected as part of registration for PolicyAid will be used to send information about your subscription and may also be used to contact you about additional service offerings as described above under Subscriptions for Marketing Materials.
Notice to Users in the European Economic Area and the United Kingdom
As the controller, ViClarity has implemented numerous technical and organizational measures to ensure the protection of personal data processed through this Website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The Policy of ViClarity is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our Policy should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this Policy, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by European Union or Member State law, the controller or the specific criteria for its nomination may be provided for by European Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with European Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
YouComply, Ltd (trading as ViClarity)
Innovation Works 1
Kerry Technology Park
Tralee, Kerry, Ireland
3. Name and Address of the Data Protection Officer
The Data Protection Officer of the controller is:
YouComply, Ltd (trading as ViClarity)
Innovation Works 1
Kerry Technology Park
Tralee, Kerry, Ireland
Phone: 353 (0)1 902 2859
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
4. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
5. Rights of EEA data subjects
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in European Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by ViClarity, he or she may at any time contact our Data Protection Officer who shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Our Data Protection Officer will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by ViClarity, he or she may at any time contact our Data Protection Officer who will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact our Data Protection Officer.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
ViClarity shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If ViClarity processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to ViClarity to the processing for direct marketing purposes, ViClarity will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by ViClarity for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact the ViClarity Data Protection Officer . In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by European Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, ViClarity shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact the ViClarity Data Protection Officer.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact the ViClarity Data Protection Officer.
6. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his or her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
7. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
8. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
9. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when ViClarity signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
10. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling (see section e above for definition).
11. Payments and GDPR
We collect and store your service usage and transactional information to enable you to view certain details of all your transactions which have been made using our services, to provide you uninterrupted and satisfactory services, to administer our relationship with you, to comply with any statutory or regulatory requirement, to monitor your use of our services for the purposes of ensuring compliance with our user rules.
Notice to California Residents
Outlined below are the categories of information that we collect from California consumers (in general terms), the sources of the information, the purposes for which the information is used, and the categories of third parties to whom we disclose the information for business purposes (and information on how to opt-out).
The CCPA defines personal information ("Personal Information”) as information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, such as:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
The following are the categories of Personal Information that we have collected from our users over the last 12 months (and examples of the types of information those include), the categories of sources from which that information was collected, the business or commercial purpose(s) for which the information was collected, the categories of third parties with whom we disclose the information for a business purpose, and the categories of third parties to whom this type of personal information is sold. Note, we do not sell, and in the past 12 months we have not sold, personal information to any third parties.
The Personal Information we collect about consumers will depend upon how you use our Website or otherwise interact with us. Accordingly, we may not collect all of the below information about you. We may also collect and/or use additional types of information after providing notice to you before collection and obtaining your consent (to the extent such notice and consent is required by the CCPA). The following are examples of Personal Information we may collect as categorized by the CCPA:
Name, physical address, email address; phone number
B. Personal information categories listed in the CCPA
Name, address, telephone number, email address; account password; signature; credit card number; gender; race/ethnicity; veteran status
Some personal information included in this category may overlap with other categories
C. Protected classification characteristics under California or US federal law
Age, race, gender, ethnicity or national origin
D. Commercial information
Product interest; purchase history
E. Biometric information
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns
F. Internet or other electronic network activity information
G. Geolocation data
Physical location or movement
H. Sensory data
Audio, electronic, visual, thermal, olfactory, or similar information
I. Professional or employment-related information
Professional certifications, work history
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records
K. Inferences drawn from other personal information.
preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes; event attendance history, food preferences/dietary restrictions to the extent disclosed
Use of Personal Information
Please see the “How We Use Your Information” section to learn more about how we use the information we collect.
Sharing Personal Information
We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract.
Within the last 12 months, we have disclosed Personal Information for our business purposes. To learn more about the categories of third parties with whom we share Personal Information, please see the “Disclosure of Your Information” section.
Your California Privacy Rights
If you are a California consumer, you have certain rights related to your Personal Information, including:
1. The right to know what Personal Information we have collected about you within the last 12 months:
- the categories of Personal Information we collected about you and the categories of sources from which we collected the Personal Information,
- the business or commercial purpose for collecting, selling, or sharing Personal Information we collected,
- the categories of third parties to whom we disclose Personal Information about you, and
- the specific pieces of Personal Information we collected about you.
2. The right to correct inaccurate Personal Information we collected about you.
3. The right to delete Personal Information that we have collected from you, subject to certain exceptions.
4. The right to opt out of the sale or the sharing of Personal Information.
- We do not sell Personal Information
5. The right to limit the use or disclosure of your sensitive personal information.
- We do not use or disclose sensitive personal information.
6. The right not to receive discriminatory treatment by a business for exercising your CCPA privacy rights, including the right not to be retaliated against for exercising your CCPA rights.
Making a Request
You may make a request to know, correct, or delete by:
- Contacting us at 1-844-731-6080, or
- Submitting you request at email@example.com
When you request access to the Personal Information we have collected or request correction or deletion of your Personal Information, we will provide the requested information within 45 days, subject to verifying as described below. You will be notified within that time period if we need additional time to process your request.
You may only submit a request to know twice within a 12-month period.
Verifying Requests to Access
We will take steps to verify your identity to fulfill your request. We will verify your email address is active and we will take steps to verify the information you provide to us. In order to verify your identity we will request the following pieces of information: your name, email address, and ZIP code.
To safeguard against fraudulent requests, after submitting your request we will take steps to confirm that you want your information deleted.
Under California law, you may designate an authorized agent to make a request on your behalf. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the agent to provide proof of that written permission. To the extent permitted by law, we may require you to verify your own identity in response to a request, even if you choose to use an agent. If we are unable to verify your identity (or the identity of someone submitting a request on your behalf) we will not delete the information.
In response to a deletion request, we may erase some information and we may de-identify some information. To de-identify information, we use technical safeguards and business processes that prevent re-identification. Business processes prevent the inadvertent release of de-identified information and no attempt will be made to re-identify information.
Users under the Age of 16
We do not knowingly collect personal information of children under the age of 16.
Information for Virginia, Connecticut, Colorado, and Utah Residents
US state privacy regulations provide Virginia, Connecticut, Colorado, and Utah residents with specific rights regarding their personal information. For more information, please see the Connecticut Data Privacy Act, Colorado Privacy Rights Act, Virginia Consumer Data Protection Act, and Utah Consumer Privacy Rights Act.
Consumers in these states can exercise their rights via the methods described in Exercising Right to Know, Data Portability, Right to Deletion, and Right to Correct. To appeal our decision as a Controller with regard to a consumer request, or to contact US, please view the Contact Us About Questions section.
Making a Request
You may make a request to know, correct, or delete by:
- Contacting us at 1-844-731-6080, or
- Submitting you request at firstname.lastname@example.org
For more information, you can write to us at ViClarity LLC, Attn: Marketing, 7745 Office Plaza Drive North, Suite 170, West Des Moines, IA 50266 or call us at 1-844-731-6080.