Additional State-Specific Privacy Disclosures

Effective Date: 03/01/2023

These Additional State-Specific Privacy Disclosures supplement the information contained in ClearGage LLC, a Delaware limited liability company, and its affiliates (“ClearGage” or “We”) Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California and Commonwealth of Virginia (“consumers” or “you“).. The ClearGage Privacy Notice describes the personal information that we collect, the sources from which we collect it, the purposes for which we use it, the limited circumstances under which we share personal information, and with whom we share it. These additional disclosures are required by the California Privacy Rights Act and Virginia Consumer Data Protection Act: 

Information We Collect

We collect 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“). The personal information we collect falls into two categories: (i) personal information you voluntarily provide us when you visit our Websites or when you use our products or services, and (ii) tracking information gathered as you visit our Websites.  Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA);
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), and the Driver’s Privacy Protection Act of 1994.

We have collected the following categories of personal information as established by the California Privacy Rights Act from consumers within the last twelve (12) months: 

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
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, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information	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.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms, applications or other input sources you complete, or services you purchase.
• Indirectly from you. For example, from observing your actions on our Website.
• From our clients and partners who integrate with us to provide you a service or product.
• Third parties, such as our marketing and data service providers and integration partners.
• Aggregators, such as analytics services.
• Our affiliates and subsidiaries.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes: 

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request information or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information in connection with one of our products or services, we will use that information to communicate with you and/or to process your payment. We may also save your information to facilitate new service orders. 
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud. This may include your name, credit card number, card type, expiration date, and security code.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To communicate with you. Personal information you provide enables us to call, email and text you in connection with the products and services we provide.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, and in connection with providing and maintaining our products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• For our operational purposes and the operational purposes of our service providers and partners.
• Improving our existing products and services and developing new services (for example, by conducting research to develop new offerings or features).
• Auditing consumer interactions on our site (for example, measuring ad impressions).
• Bug detection, error reporting, and activities to maintain the quality or safety of our products or services.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us  about our Website users and consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We do not sell, trade or rent your personal information to others.

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 written contracts that describe the purposes and require the recipient to keep the personal information confidential, and prohibit using disclosed information for any purpose except performing the contract.

We share your personal information with the following categories of third parties: 

• Financial partners involved in the processing of your banking or credit card data.
• IT Service providers, such as our data hosting providers and companies we employ to manage our Websites and to provide Website-related services and/or to assist us in analyzing how our Website is used.
• Other service providers that we may engage to provide our products and services to us on our behalf.
• Marketing providers we use to send you promotional communications.
• Data analytics providers. We may use third-party services such as Google Analytics to collect, monitor and analyze information as described above. Those third-party service providers have their own privacy policies addressing how they use such information. To opt out of Google Analytics on the Websites go to https://tools.google.com/dlpage/gaoptout.
• Data aggregators we use to gather information and data for analytics and statistical purposes to maintain and improve our products and services.
• Operating systems and platforms used to provide our products and services and operate our company.
• Integrated partners that offer our products and services through an integration with their own products and services.
• Our affiliates, parents and subsidiaries.
• Internet cookie data recipients.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have shared the following categories of personal information for a business purpose: 

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Sales of Personal Information 

We do not sell your personal information and have not sold your personal information in the preceding twelve (12) months. 

Deidentified Patient Information

We do not sell deidentified patient information exempt from the CCPA to third parties.

Your Rights and Choices 

The California Privacy Rights Act or Virginia Consumer Data Protection Act and Virginia Consumer Data Protection Act provide consumers with specific rights regarding their personal information. This section describes your data rights and explains how to exercise those rights.

Access to Specific Information, Right to Know, and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Access, Data Portability, and Deletion 0), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and 
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. 

Right to Delete 

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit your request by either: 

• Emailing us at privacy@cleargage.com
• Calling us at 800-383-1634

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. 

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. 

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Error! Reference source not found..

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. 

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights 

We do not share personal information (as defined by California Civil Code §1798.83) with other people or non-affiliated businesses for their direct marketing purposes. 

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Annual Reporting for 2022

Access Requests. In 2022, ClearGage received 0 requests from customers to initiate the data access process.

Deletion Requests. In 2022, ClearGage received 0 requests from customers to initiate the account closure and data deletion process. 

Contact Information

If you have any questions or comments about this notice, the ways in which ClearGage collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights, please do not hesitate to contact us at: 

ClearGage LLC

Attn: Privacy Department, 

5401 W Kennedy Blvd., Suite 100

Tampa FL, 33609

privacy@cleargage.com

800-383-1634

If you need to access this Policy in an alternative format due to having a disability, please contact at one of the methods above.