Privacy Policy – Data Clever

LAST MODIFIED: May 24, 2021

This Privacy Policy explains how Data Clever (“Data Clever,” “we”, “us”, or “our”), as a data controller, may collect, protect, share and use your Personal Information (defined below) that we obtain through our company websites, web pages, mobile sites and mobile apps that link to or include this Privacy Policy (the “Sites”).

This Privacy Policy does not apply to information collected by other means, or information collected by third parties, third-party websites, or content or applications of third parties, including any that may be linked to or accessible from or on the Sites.

Please review this Privacy Policy carefully to understand our treatment of information.

This Privacy Policy, along with our Website User Agreement, which is incorporated by reference in its entirety, constitute a legally binding agreement between you and Data Clever that conditions your interaction with our services, where and as permitted by applicable law. Please read this Policy carefully before using the Sites or submitting Personal Information to us. We reserve the right to terminate or limit your access to our services.

If you have any questions about our privacy practices, please contact us at kevin@data-clever.com or as provided below.

INFORMATION COLLECTED

You may visit and browse the Sites without providing Personal Information. However, this may limit your ability to receive certain features, products or services from us.

Personal Information You Provide: If you register at the Sites, enter a promotion, opt-in to receive emails or other offers or communications, or if you otherwise communicate through or interact with the Sites, we may collect information that can be used to identify you directly or indirectly such as your name, email, telephone number, professional role, work or home address as well as other information, such as demographic information (e.g., gender, age) or information about your preferences and interests (collectively, “Personal Information”). We do not collect of the following information:

race or ethnic origin;
political opinions;
religious or philosophical beliefs;
trade union memberships;
genetic or biometric data;
health or mortality; and
sex life or sexual orientation.

COOKIES

As part of the standard operation of the Sites, we and our third-party service providers may use a variety of technologies that passively or automatically collect information about how the Sites are accessed and used (“Usage Information”), such as IP address, domain name, browser type, device type, operating system, application version, the pages served to you, the time of your visit, the time you spend on the Sites, preceding page views, and your use of features or applications on the Sites. Information collected automatically is generally statistical data and generally does not identify you personally. This statistical data helps us understand what is interesting and relevant to users of the Sites so we can best tailor our content. Like many websites, we may use small data files called “cookies” placed on a computer, mobile device, technology or other device when it is used to visit the Sites. Cookies are small text files that are placed on your device when you browse our Sites. We use cookies to examine website analytics to determine the performance of our site.

If you consented to our use of cookies but later wish to opt out, you may change, at any time, your browser settings in order to block the cookies. Alternatively, the following links provide instructions in order to manage your cookies preferences:

The cookies will be kept for a maximum period of thirteen (13) months.

USE OF INFORMATION

We use the Personal Information we collect about you for a variety of purposes described below:

First, we process Personal Information for the performance of a contract to which you are party for:

processing applications and transactions;
verifying your identity;
fulfilling product purchases;
communicating with you about your account and activities on the Sites

In addition, we process Personal Information based on our legitimate interests which include:

responding to your questions and requests;
providing you with access to certain areas and features of the Sites;
sending notice of changes to our policies;
improving the Sites;
complying with non-EU laws and responding to requests from, and other communications with, competent public, governmental, judicial or other regulatory authorities;
protecting our rights, property or security and the one of our customers;

Further, we rely on your prior consent in order to:

send you marketing communications to promote our services/products and events;

Please note that you have the right to withdraw your consent at any time (without calling into question the processing previously carried out) by sending a request at the contact details specified in Section “Contact us”.

Finally, we process Personal Information to comply with the legal obligations to which we are subject (e.g., to detect and prevent fraudulent activities).

SHARING OF PERSONAL INFORMATION

We may also share your Personal Information as disclosed at the time you provide your information, as set forth in this Privacy Policy and in the following circumstances:

Third Parties Providing Services On Our Behalf. We may share your Personal Information with third parties that perform functions on our behalf, acting as data processors, for the purposes referred to under this Privacy Policy, such as service providers that host or operate our Sites, analyze data, process transactions and payments, fulfill orders or provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance.

Business Transfers. We may share your Personal Information with other entities and our subsidiaries and affiliates in the family of companies controlled by us for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or our assets, or assets related to the Sites, Personal Information, Usage Information, and any other information that we have collected about the users of the Sites may be disclosed to such entity as one of the transferred assets. We will ask for your consent for such disclosure where required by applicable law.

Legal Disclosure. We may transfer and disclose information, including your Personal Information, Usage Information and IP address, to third parties, and we always ensure compliance with applicable privacy laws in that respect:

As required by law, court order, or legal process, including to respond to a subpoena, to respond to a government or regulatory request, or to cooperate with law enforcement investigations.
To enforce our contractual rights, take precautions against liability, investigate suspected or actual illegal activities, or to investigate and defend ourselves against third-party claims or allegations.
To a buyer or other successor in the event of a merger, restructuring, reorganization, or other sale or transfer of some or all of our assets, including, but not limited to, as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about users of the Site is among the assets transferred.
To verify or enforce our User Agreement or other applicable policies.
When we believe that disclosure is necessary or appropriate to protect the rights, property, or personal safety of ourselves, our customers, visitors to our Sites, or the public.

Whenever we disclose Personal Information to a third party, we seek to minimize the disclosure to only information that is necessary for the purpose of that disclosure.

Statistical Information. We may disclose aggregate or anonymized statistical information about visitors to the Sites, which does not identify individual users, without restrictions.

WE DO NOT SELL YOUR PERSONAL INFORMATION

We do not and will not sell your Personal Information to third parties.

INTERNATIONAL DATA TRANSFERS

As we are located in the United States, your Personal Information needs to be transferred to the United States for the purposes referred to under this Privacy Policy.

RETENTION OF YOUR PERSONAL INFORMATION

In accordance with our routine record keeping, we delete records that contain Personal Information you have submitted through the Sites where they are no longer necessary for the purposes identified under this Privacy Policy. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information.

With respect to the services provided to our customers, we will keep your Personal Information during the period of our contractual relationship extended by the applicable limitation period. With regard to marketing communications with prospects, we will keep your Personal Information for three (3) years after the last correspondence with us.

For the applicants who obtained a position, we will keep your Personal Information for the duration of your employment at Data Clever, extended by the applicable limitation period. In the event of a negative outcome to your application, we will ask you if you want us to keep your file in order to give you the opportunity to apply later on. In any event, your Personal Information will be destroyed two (2) years after your last contact with us.

With respect to the processing carried out in order to protect our rights, property and security as well as the one of our customers, Data Clever will keep your Personal Information for the time of the relevant dispute or statute limitation period.

As to the processing carried out in order to comply with a legal obligation, we will keep your Personal Information for the duration of such obligation.

On the expiry of the applicable data retention period, we will erase or irrevocably anonymize the relevant Personal Information.

YOUR CHOICES AND ACCESS

If you have registered with us as a user, you can review and change certain kinds of Personal Information on your account profile page.

If you wish to exercise any of your rights including to access, correct, update, or delete Personal Information about you, please email us at kevin@data-clever.com, or contact us by mail as provided below. In responding to your request, we may request information from you and use information previously collected to verify your identity, or take other actions that we believe are appropriate.

Except for legally required disclosures of Personal Information as described above, you may direct us not to use your Personal Information to provide you with information or offers, or not to send you newsletters, e-mails or other communications by following the removal instructions in the communication that you receive.

You have certain general choices about information about you. Although you cannot opt out of all collection or use of information and still use all functions of provided on the Sites, you can still take the following steps to limit or control how Personal Information about you is collected, used and shared.

Advertising Partners. We have engaged third parties to manage our advertising on other websites, which may collect information and provide advertising to you based upon your browsing activities and interests. We do not control these third parties’ tracking technologies, how they may be used or the information they may collect, and we are not responsible for their privacy policies or the content of those third parties. You can learn more about online and interest-based advertising, including about choices available to you, at www.aboutads.info/consumers. If you prefer not to have information used for the purpose of serving you personalized ads, you may learn more about your choices, opt-out, or change your preferences at optout.aboutads.info, optout.networkadvertising.org, preferences-mgr.truste.com, from Google at http://www.google.com/settings/ads or policies.google.com/technologies/partner-sites, or from Facebook at www.facebook.com/about/ads/ or www.facebook.com/policy.php.

Email and Other Communications. If you would like to change the types of communications you receive from us or how you receive communications from us, including opting out of promotional communications, you may do so at any time by updating the communication preferences specified in your account profile. Please understand that this may affect your ability to access certain products and services, and we may continue to send non-promotional communications such as confirmations of transactions, changes to the services or other information about your use of the service. You may also use the opt-out link and instructions that will be present in any promotional emails that we send.

YOUR EUROPEAN PRIVACY RIGHTS

If you are in the EEA, you have rights to:

access Personal Information processed concerning you;
correct inaccurate Personal Information;
delete any Personal Information concerning you;
restrict processing;
receive your Personal Information provided to us in an interoperable format (data portability);
object to the processing on grounds relating to your particular situation.

In order to exercise any of your rights, or if you have any other questions about our use of your Personal Information, please send a request at the contact details provided below. Please note that we may request you to provide us with additional information in order to confirm your identity and ensure that you are entitled to access the relevant Personal Information.

In any case, you also have the right to lodge a complaint with the competent data protection authority.

YOUR CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act (“CCPA”) provides California residents with certain rights regarding their Personal Information. This section explains these rights and how to make a verifiable consumer request to exercise those rights. You may only make a verifiable consumer request for access to your Personal Information to us twice within a 12-month period, free of charge. You also may request a list of the third parties to whom we have disclosed your Personal Information (if any), as well as the type of Personal Information disclosed to those parties.

Right to know and access your Personal Information collected and disclosed. We are committed to ensuring that you know what information we collect about you. Subject to certain exceptions, you can submit a request to us for the following information, with respect to Personal Information we have collected about you in the past 12 months:
- The categories of or specific pieces of Personal Information we’ve collected about you.
- The categories of sources from which we collected the Personal Information.
- The business or commercial purposes for which we collected or disclosed the Personal Information.
- The third parties with whom we shared the information.
Right to request deletion of your Personal Information. Upon your request, we will delete the Personal Information we have collected about you, except for situations where specific information is necessary for us to retain for particular purposes, such as providing you with a good or service that you requested; performing a contract we entered into with you; maintaining the functionality or security of our systems; using internally in ways that are compatible with the context in which you provided the information or are reasonably aligned with your expectations; or complying with or exercise rights provided by the law. If we cannot grant your deletion request, we will specify the basis for denial.
Right to non-discrimination. We will not discriminate against you for exercising any of your rights under the CCPA. In particular, this means that consumers who exercise their rights in accordance with this Privacy Policy will not be denied or charged different prices or rates for goods or services, nor will we offer a different level or quality of goods or services than others.
Right to opt-out of the sale of Personal Information. Under the CCPA, you have the right to opt out of the “sale” of your Personal Information from businesses that sell your Personal Information. We do not sell your Personal Information.

CALIFORNIA SHINE THE LIGHT

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes and the right to request that their Personal Information be deleted. To make such a request, please send an email to kevin@data-clever.com or write us at: 123 Sanchez Street, Suite 10, San Francisco, CA 94114.

HOW CALIFORNIA RESIDENTS CAN EXERCISE THEIR RIGHTS

California residents may exercise the rights described above by submitting a verifiable request to us by contacting us using the information outlined in the “Contact us” section provided directly below. We will first acknowledge receipt of your request within 10 business days after receipt of your request. We will provide a substantive response to your request within 45 calendar days after its receipt. If we require more time (up to 90 days or the permitted timeframe), we will inform you of the reason and extension period in writing.

Only you or an authorized agent (as described below) may make a verifiable consumer request related to your Personal Information.

How to Authorize an Agent. You may designate an authorized agent to submit your verified consumer request on your behalf, only if the authorized agent has your written permission to do so and you have taken steps to verify your identity directly with us. If you would like to designate an agent for purposes of making a request under the CCPA.
How We Verify Your Request. To respond to your request under the CCPA we must verify your identity or the authority of your authorized agent to make the request. We will only use the Personal Information provided in a verifiable consumer request to verify your identity or the authority of your authorized agent to make the request. Making a verifiable consumer request does not require you to create an account with us.

To allow us to verify your request, we will require that you provide at least two pieces of Personal Information we already have in our possession. We will verify your consumer request by comparing the information you provide to information already in our possession, and take additional steps to minimize the risk of fraud.

WE DO NOT RESPOND TO DO NOT TRACK SIGNALS

Certain mechanisms may allow you to send web browser signals, known as “Do Not Track” (“DNT”) signals, indicating your choice to disable tracking on the Sites. The Sites does not respond to DNT requests or similar browser settings. More information about “do not track” is available at www.allaboutdnt.org.

Third parties, other than our service providers (such as our website analytics provider), do not have our permission to track which websites you visited prior to and after visiting our Sites.

CHILDREN’S PRIVACY

The Sites are not intended for or directed to children under 13. We do not knowingly collect or solicit, use or disclose personally identifiable information from anyone under 16 years of age. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will delete such information from our records. If you believe that we may have any personally identifiable information about a child, please contact us at kevin@data-clever.com or as provided below.

SECURITY OF YOUR INFORMATION

We maintain appropriate safeguards to protect Personal Information against loss, unauthorized use, disclosure, alteration or destruction when storing information and when transferring information for processing. We restrict authorized access to your Personal Information to those persons who are authorized to process that information in order to provide products and services on our behalf and those persons you have authorized to have access to such information.

CHANGES TO OUR PRIVACY POLICY

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes to how we treat the Personal Information of visitors to the Sites, we will notify you in this respect. If such change to the Privacy Policy requires your consent, you will have the choice to consent as to whether or not we may use your Personal Information in a different manner.

CONTACT US

If you have any questions or concerns regarding this Privacy Policy, please contact us at:

123 Sanchez Street, Suite 10
San Francisco, CA 94114

or send us an e–mail at Kevin@data-clever.com.