Privacy Statement

1 INTRODUCTION

Overview

Klearly is a Software-As-A-Service application and operates the website located at www.klearly.com. This privacy policy and notice aims to inform you about how we collect, use, disclose, store, secure and dispose information about you when you:

interact or use our websites or application, including downloading materials from our resources page or requesting a demo,
register and/or attend any of our events, webinars, or the conferences we attend, and
if you use any of our products, services or applications (including any trial) (collectively the “Services”) in any manner.

Scope

This Privacy Statement applies to personal data collected by Klearly through the klearly.com website, and other websites which we operate and on which we post a direct link to this Privacy Statement. In certain cases, this Privacy Statement applies to personal data collected by Klearly when Klearly makes this Privacy Statement or a link to the Privacy Statement available in a digital communication, paper form or in person (for example when attending an event).

Please also note that co-branded websites (websites where Klearly presents content together with one or more of our business partners) may be governed by additional or different privacy statements. Please refer to the privacy statement on those websites for more information about applicable privacy practices.

2.1 Types of information we collect

To the extent permitted by applicable law, the categories and types of personal data collected directly from you may include, without limitation:

Contact information used to communicate with you, such as first and last name, title, company name, email address, telephone number, and postal address;
Account and commercial information that Klearly maintains in association with your account, such as your account number, username/user ID, password, payment information, purchase records, information about your use of the product or service, information about your registration or participation in a class, exam, certification, training, webcast or other event, your preferred language and other preferences, credit and billing status and support inquiries;
Professional or employment-related information contained in your job inquiries or applications, such as resume, cover letter, age, education, professional history and contact details;
Internet or other similar network activity collected when you visit a website, such as IP address, browsing history, information on your interaction with the website, browser type and language, operating system, location, date and time;
Location information about your physical location, such as if you provide your postal address or based on your IP address if you visit a website; and
Information drawn from the personal data collected above, such as what topics you may be interested in based on the areas of the website you visit or what products you may be interested in based on purchase records.

2.2 How we collect your information

Klearly collects personal data directly from you and from other categories of sources as described in more detail below. The categories of personal data collected directly from you by Klearly include all of the categories identified above in the "Types of information we collect" section. Klearly collects personal data directly from you when you interact with us through our websites, including, without limitation, when you:

create a user account (individual or corporate);
log into your user account;
make an online purchase on our platform;
submit questions or comments;
request support;
participate in surveys or evaluations;
participate in promotions, contests, or giveaways;
communicate with us through links on our websites;
interact with business partners, including online advertising networks and companies that co-sponsor our promotions;
interact with our social media pages, including but not limited to LinkedIn, YouTube, and Twitter;
apply for employment;
request information or materials (newsletters, whitepapers, research reports, et al); and
register for or participate in a training, webcast or other event.

Personal data we collect online may also be combined with personal data you provide to us through offline channels such as through a call center, during an interview or in conjunction with a Klearly event you attend.

We may also automatically collect data about you, such as technical information about your computer or internet browser. Data may also be collected about you indirectly through monitoring activities which will be conducted by or on our behalf in accordance with relevant legislation or regulatory requirements (for example, monitoring emails that we receive from you or recording telephone calls when you contact us).

We may also collect information indirectly from you relating to your use of our websites and response to our emails through the use of various technologies. Collecting information in this manner allows us to analyze the effectiveness of our websites and our marketing efforts, personalize your experience and improve our interactions with you. For more information about the technology we employ for these purposes, see the "Collection of personal data by automated means" section below.

From time to time, we may collect contact information through other sources, such as list vendors, marketing partners, or other third party sources. Information we collect may be combined with other information we have collected about you in order to complete requests you have made or facilitate transactions you have initiated via the Services, or for other purposes, such as marketing or promotional purposes.

2.2.1 Collection of personal data by automated means

When you visit our websites we may automatically collect information such as your IP address, browsing history, information on your interaction with the website, browser type and language, operating system, location, date and time. We may also use cookies to collect information as you navigate our websites. A cookie is a small amount of data that is sent to your browser from a web server and stored on your device. The cookie may be placed by Klearly or an authorized third party.

Klearly categorizes the cookies on our websites into six categories: Necessary, Functional, Performance, Analytics, Advertisement, and Others.

Necessary Cookies:

Klearly categorizes the cookies on our websites into six categories: Necessary, Functional, Performance, Analytics, Advertisement, and Others.

Necessary Cookies:

Necessary cookies are used for the purpose of authentication and providing data security. These cookies are necessary for our site to work and enable us to distinguish users and enable you to use its services and features. Disabling these cookies will encumber our site's performance and may make these services and features unavailable. These cookies may include the following:

Functional Cookies:

These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services may not function properly.

Analytics or Performance Cookies:

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.

Advertising Cookies:

These cookies will usually be third-party cookies, although if a user is visiting the advertising network's own website it is technically possible these could be first party. They will always be persistent but time-limited cookies. These cookies can be associated with services provided by the third-party, but this is not always the case. These cookies contain a unique key that is able to distinguish individual user's browsing habits or store code that can be translated into a set of browsing habits or preferences using information stored elsewhere.

If you do not want your information to be stored by cookies, you can manage your cookie preferences by using the options and tools made available to you by either your web browser or Klearly. You can configure your browser so that it always rejects these cookies or asks you whether you want to accept them or not. Your browser documentation includes instructions explaining how to enable, disable or delete cookies at the browser level (usually located within the "Help", "Tools" or "Edit" facility). If a cookie manager has been implemented by Klearly on the website you are visiting, the cookie tool will be displayed on the website during your visit (e.g., click the "Cookie Preferences" or similar link at the bottom of the website). You can use the cookie manager to set your cookie preference and to see a list of the cookies used on the Klearly website. The cookie manager also provides information on the specific cookies used and the classification of the cookie (i.e., Necessary, Functional, Performance, etc.). Whether you utilize the cookie manager or manage cookies at the individual browser level, please remember that Necessary cookies will remain and cannot be turned off. Please also understand that choosing to reject cookies may reduce the performance and functionality of our websites.

Klearly also uses web beacons alone or in conjunction with cookies to compile information about usage of our websites and interaction with emails from Klearly (e.g., open rates, click through rates). Web beacons are clear electronic images that can recognize certain types of information on your device, such as cookies, when you viewed a particular website tied to the web beacon, and a description of a website tied to the web beacon. For example, Klearly may place web beacons in marketing emails that notify Klearly when you click on a link in the email that directs you to one of our websites. Klearly uses web beacons to operate and improve our websites and email communications.

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve the performance of our Site and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google's privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

We and our third party service providers, including Google, may use the information that we collect about you (whether directly from our Site or Application, through your device(s), or from a third party) to help us and our third party service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.). We and our third-party service providers also may use the cross-device use and other information we learn about you to serve targeted advertising on your devices and to send you e-mails. To opt-out of cross-device advertising, you may follow the instructions set forth in the Third-Party Ad Networks section below. Please note: if you opt-out of these targeted advertising cookies, your opt-out may be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you may need to opt-out from each browser or device that you use.

Please note that our Site does not recognize or respond to any signal which your browser might transmit through the so-called "Do Not Track" feature your browser might have. If you wish to disable cookies on our Site, you should not rely on any "Do Not Track" feature your browser might have.

Klearly also uses network advertisers to serve advertisements on non-affiliated websites or other media (e.g., social networking platforms). This enables us and these network advertisers to target advertisements to you for products and services in which you might be interested. Ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, pixels, LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These cookies and other technologies are governed by each entity's specific privacy policy, not this one. We may provide these advertisers with information, including personal information, about you.

Users may opt out of many ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising. Please be advised that opting out of ad networks will opt you out from certain companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Additional information is available on the DAA's websites at www.aboutads.info and https://youradchoices.com/appchoices.

2.3 How we use your information

The following are the examples of how we may use your information:

To Understand Your Interests. For example, we may use your information to better understand what products interest you based on information we collect about you and your household.
To Communicate with You. We may communicate with you about your account or our relationship. We may also contact you about this Privacy Policy or our Platform Terms & Conditions.
To Improve Our Products and Services. We may use your information to enhance our Platforms and services to serve you better.
To Respond to Your Requests or Questions. This may include responding to your customer feedback.
For Security Purposes.This could include protecting Klearly and our customers. It may also include protecting our Platforms. We use your personal data to verify your identity when you access and use our services and to ensure the security of your personal data. This includes your creation of an account that is associated with your personal data.
For Marketing Purposes. We may provide you with information about new products and special offers. We may use your information to serve you ads about products and offers. We may tell you about new features or updates. These might be third-party offers or products we think you might find interesting. When you use our websites and/or respond to our emails, we use the personal data you provide for the purpose of enhancing and customizing your experience on our websites and to deliver content and product and service offerings relevant to your interests, including targeted offers through our website, third-party sites or email. We may also use this information to help us improve and further develop our websites, products and services.
To Send Push Notifications. If you use our mobile apps, we may send you push notifications about new products or special offers.
To Support Our Products and Services. This could include fulfilling your requests for products or services. It could also include processing purchases or return transactions. If you request something from Klearly, such as a product or service, a call back, a newsletter subscription, or specific marketing or other materials, we use the personal data you provide to respond to your request. We or our representatives may also contact you as part of customer satisfaction surveys or for market research purposes. Where required by applicable law, we will obtain your consent before sending marketing messages.
Law or Regulatory Obligations or Response to Legal Process. Certain laws and regulations require us to maintain and disclose collected information. We use and disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
To Support our Business Operations. This includes use of information for general business operations, and for other business administration purposes, such as maintaining customer records, monitoring your compliance with any of your agreements with us, collecting debts owed to us, and safeguarding our business interests.
To Protect Us and Others. Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, and in situations involving potential threats to the safety of any person or violations of our Terms of Use or this Privacy Policy.
Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may use and share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.
Process Your Job Application. When you apply for a position at Klearly, we use the personal data you provide for the purpose of assessing your application, considering you for future positions and carrying out human resources functions in accordance with applicable law. Klearly will share the personal data you supply during the application process with internal human resources professionals as well as professionals in our business functions who are participating in the application and interview process.

2.4 How we share your information

We operate globally and, like many businesses, we operate back office IT functions. From time to time, we may also need to transfer your personal data to third parties in other countries where we do business or have a service provider.

When transferring your personal data, we will take all appropriate steps to provide an adequate level of protection for your personal data in accordance with relevant legislation. These steps may include exercising audit and inspection activities in respect of the actions of those third parties in connection with the use of your personal data.

If at any time you wish that we cease any activity that affects you, please contact us as indicated in the “How to Contact Us” Section below.

We may disclose/share your information in the following ways:

On our Platforms. For example, we may display information you post on our Ratings & Reviews feature.
With Our Business Partners. Klearly may disclose personal data to business partners and service providers in order to support our business operations, such as (but not limited to) fulfilling your orders, following up on requests, providing support and assisting Klearly with sales, marketing and communication initiatives. These business partners and service providers include payment processors, financial service providers and institutions, materials production and shipping companies, postal or government authorities, market intelligence and consulting service providers, and information technology service providers. Business partners and service providers are required by contract to keep the information received on behalf of Klearly confidential and secure and not use it for any purpose other than the purpose for which it was provided to them.
With Third Parties for Marketing Purposes. This may include third parties in whose products or services we believe you may be interested. These third parties may also share your information with others.
Government, Courts, and Law Enforcement. We will access, preserve, and share any information about you, without your consent, to government or law enforcement officials or private parties as we in good faith believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to comply with applicable laws, to protect the property and rights of Company, you or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to pose a risk of being, or is illegal, unethical or legally actionable. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
Mergers and Acquisitions. Klearly may disclose personal data in the context of a business transaction involving part or all of Klearly, such as a merger, acquisition, consolidation, or divestiture. Such a transaction may involve the disclosure of personal data to prospective or actual purchasers, or the receipt of it from sellers. Klearly will inform you of the name and the contact information of the receiver of your personal data. Following such a business transaction, you may contact the entity to which we transferred your personal data with any inquiries concerning the use of that information.

2.5 How we protect your information

We have implemented precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust, unique password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

2.6 Children's Privacy

Klearly does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Services. The Services and their content are not directed at children under the age of 18. In the event that we learn that we have collected personal information from a child under age 18 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact Klearly at support@klearly.com.

2.7 Your choices about your information

We may send periodic promotional emails to you. In all promotional emails, you will be given the opportunity to opt-out of receiving such messages in the future by clicking on the link at the bottom of the email that says "unsubscribe." Please note, if you opt-out of receiving promotional emails, we may still send you transactional Services-related communications (e.g., account verification, payment confirmations, technical and security notices).

3 CALIFORNIA RESIDENTS

Under California's "Shine the Light" law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. To submit a "Shine the Light" request, email us at support@klearly.com, and include in your request a current California address and your attestation that you are a California resident.

4 CHANGES TO OUR PRIVACY POLICY

From time to time, it may be necessary for Klearly to change its privacy policy and notice, so we suggest that you check here periodically.

Klearly reserves the right to make corrections, changes or amendments to this Privacy Statement at any time. The revised Privacy Statement will be posted on this website. The date of last update will be indicated at the top of the Privacy Statement. We encourage you to periodically review this Privacy Statement for any changes or updates. If you would like information related to the previous version of this Privacy Statement and/or a copy of the previous version, please contact us as described below under "How to Contact Us."

5 LINKS TO OTHER SITES

We may offer links to sites that are not operated by Klearly. If you visit one of these linked sites, you should review their privacy and other policies. We are not responsible for the policies and practices of other companies.

6 HOW TO CONTACT US

If you wish to contact us to update your information or complaints, please feel free to contact us: by email at support@klearly.com.

Additionally, we can be reached at:

Klearly Analytics, Inc.
92 Cornerstone Drive, PMB 323
Cary, NC 27519
Phone: 919-701-8505

Privacy Statement

Klearly Analytics, Inc.

Software-as-a-Service

PRIVACY STATEMENT

LAST REVISION DATE MARCH 15, 2022

See Klearly