Our Privacy Policy

01. Scope of this Policy

This Policy applies to all personal information collected by or provided to us in connection with the Services or when you communicate with us through any written, electronic, or oral communications, including by email or text, such as through events or marketing communications, or if you sign up to receive SMS alerts through the Services when pollutant thresholds are exceeded (“SMS Alerts”).

We may provide certain Tools to our customers who have entered into a separate agreement with us (“Customers”) pursuant to such agreement and solely for their benefit and the benefit of personnel or other individuals that they authorize to use the Tools (“Authorized Users”). We are data processors of the data or other content that our customers and their Authorized Users input, upload, submit or otherwise make available to the Tools and any other data we may process on their behalf (collectively, “Customer Content”). Our processing of such data is governed by our agreement with the Customer, and the Customer is responsible for the collection and use of such Customer Content.

02. Collected Information

As used in this Policy, “personal information” means any information that identifies or could be used to identify an individual person. For example, personal information may include name, email address, and phone number. It also includes other non-public information that we associate with such identifying information. Personal information does not include aggregated or anonymized information.

The personal information we collect and how we collect it depends on how you use the Services. We collect the following types of personal information, as described below.

02.1 Information You Submit

We collect personal information that you provide directly to us when you access or use the Services or when you interact with us. We collect personal information that you provide to us in the following ways:

• Registration and account information. When you log-in to or create an account with the Services, or sign up for or opt-into any features of the Services, such as SMS Alerts, we collect the information you provide. This information may include personally identifiable information such as your name, mailing address, e-mail address, phone number, and password. We may also collect your job title and information about the business or organization that you are associated with.  
• Support requests, inquiries, feedback, questionnaires. If you contact us, such as by submitting a contact form or sending an email, contacting customer support, or submitting     feedback, we may collect your contact information, as well as the details of your question or request, your feedback, and any other information you choose to include in your message, and we may also collect information you provide if you complete surveys or questionnaires that we make available.
• Marketing communications and newsletters. If you submit a request to receive newsletters and marketing communication from us, we will collect your name and contact information, such as your email address.
• Interactions through social media, and other third-party platforms. If you interact with us through any third-party platforms or through any of our pages or feeds on social media     sites or platforms, such as Facebook or LinkedIn, we may collect information such as your username, demographic information, contact information such as email address, location, and publicly-posted data such as your social media activity.
• Attending Events. If you sign up for or attend a webinar or other event hosted by Clarity, we collect registration and attendance information. If you attend a conference, trade show, or other event that Clarity attends or sponsors, we may collect information about individuals     who attend the event and/or information from individuals who interact with us or express an interest in us. This information may include your name and email address as well as any professional background information you may choose to share.
• OpenMap Data. OpenMap air quality data (“OpenMap Data”) is not considered personal     information; however, if your administrator or employer chooses to share this information, you understand that sensor data from your sensor will be collected, which may include geographic coordinates of the sensor and/or your company’s logo or name (if sharing is enabled by your administrator or employer).

To the extent you decline to share certain personally identifiable information with us, we may not be able to provide some or all of the features and functionalities found on theServices. Please be advised that we may ask you to update your information from time to time in order to keep it accurate.  Additionally, if you provide personal information to us about someone else, you must ensure that you are entitled to disclose that information to us and, without us having to take any further steps required by data protection laws, that we may collect, use, and disclose such information for the purposes described in this Policy. For example, you should ensure the individual concerned is aware of the terms detailed in this Policy and that they have consented to you sharing their information with us.

02.2 Information Collected Automatically

When you use the Services, we automatically gather certain non-personally identifiable information from you and your activity when you use the Services. As described below, we also collect this information through a number of other means, including cookies, software development kits (“SDKs”) and other online tracking mechanisms. We may associate such non-personally identifiable information with the personally identifiable information that you provide in connection with the Services, but in those situations, we will treat that information consistently with the terms of this Policy. Information collected automatically includes: 

●     Usage information, such as information on when, how often, and for how long you use the Services, features that you use, clickstream data, how you interact with the Services, and the content you submit and view.

●     Server log data and certain information about your device, such as theIP address, operating system, browser type and version, browser settings, time zone, unique device identifiers, information about your approximate location (as determined through your IP address), mobile, computer, and/or device hardware information (e.g., hardware model, IMEI number, and other unique device identifiers, MAC address, and device settings), device event information, log information, crash data, and the webpage you were visiting before you came to our Services. We also may collect the date and time you open an email communication from us or click on any links in an email, and we or our service provider may associate this information with the email address we already have from you.

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We and our third-party service providers or agents may also collect information using one or more cookies or similar technologies such as pixels (collectively “Cookies”). Cookies may collect information such as your IP address, unique device identifiers, your browser settings, and information about how you use the Services (e.g., the pages you view, the links you click). Please refer to the Cookies and Tracking Technologies section below for more information about our use of Cookies and your choices related to Cookies.

02.3 Customer Content

We collect, receive, or access Customer Content that our Customers and their Authorized Users input or submit while using the Tools or other Services, including any personal information contained in such Customer Content. For example, we collect the data you upload and any other content you submit to the Tools. We process CustomerContent pursuant to our agreements with our Customers. In the event that Customer Content contains any personal information, the applicable Customer’s privacy notice may also apply to that personal information.

02.4 Information from Third Parties

Depending on the Services you use or how you use theServices, we collect and process personal information we receive from third parties, and we may combine personal information we receive from you with personal information we obtain from other sources. We may receive the following types of information from third parties:

·      Clarity’s Service Providers: We receive information from our service providers or agents who perform business services for Clarity, such as Site activity information from third parties that assist us in operating our Site and transactional data from our third-party infrastructure service providers and security and fraud detection providers.

·      Analytics, Marketing, Advertising Providers, and Clarity Partners: We use certain third-party services to assist us in analysis, auditing, research, targeted advertising, marketing, and reporting regarding the Services.

02.5 Sensitive Personal Information

Clarity does not intentionally collect personal information that is considered sensitive under privacy laws, such as genetic data, health information, race or religious information, about users to provide the Services.

3. Use and Processing of Information

We use the information that we collect for a variety of purposes.  Our legal basis for processing your personal information are: 1) our legitimate interest in running and maintaining our business; 2) performance and fulfillment of our contracts; 3) your consent; and 4) compliance with our legal obligations. In many instances, more than one of these legal bases apply to the processing ofyour personal information.

The purposes for which we may use your information include:

• We will use submitted information for the purposes for which you provided the information, including, for example, to create and maintain a Services account for you or respond to a question that you e-mail to us or submit through our customer service chat functionality or,     if you sign up or opt-in to receive SMS Alerts, to provide you with such notifications via text. We also use submitted information and collected information as necessary to provide the features and functionality of the Services to you.
• We may send you e-mails regarding updates or modifications to the Services.
• We may analyze collected information relating to your use of the Services in order to help us improve the Services and develop and improve new features and functionalities and other products and services.
• We may use submitted information and collected information to help troubleshoot problems, provide technical support, secure and protect the Services, respond to your inquiries and requests or otherwise communicate with you, provide you with assistance related to the Services, resolve disputes or otherwise to carry out our obligations and enforce our rights,     provide you with required notices, protect our business interests and rights of third parties, enforce our Terms and Conditions or any other customer agreements, or to alert you to changes in our policies or agreements that may affect your use of the Services.
• We may use the information we collect automatically for interest-based advertisements, as described below.
• We may combine personally identifiable information collected through the Services with other information that we collect about you in other contexts—such as our communications with you via e-mail, phone or postal mail. We will handle such combined information in accordance with this Policy.
• We may use the information we collect to personalize and improve user experience with the Services.
• We may use the information we collect to compile aggregate data, such as about traffic and interaction with or on the Services.
• We may use collected information for our advertising purposes, such as to display personalized advertisements to you regarding the Services on third-party sites and measure their success;
• We may use the information we collect to tailor the content and advertising we display to you or others and to analyze trends and statistics;
• We may use submitted information to send you newsletters, promotional, and marketing communications that may be of interest to you.
• We may use the information we collect to audit our compliance with legal and contractual requirements and internal policies.
• We may use collected information for our business transfers.
• We may also use information we collect for any other purpose with your consent.

04. Disclosure of Information

Aside from disclosing your information to the employees, contractors, and agents of Clarity and its affiliated and subsidiary entities who are committed to confidentiality and who are authorized to process the information in order to provide the Services and/or facilitate your purchase of the Services, we disclose the personally identifiable and non-personally identifiable information that we collect about you as follows:

• We may provide advertisers and other third parties with aggregated, non-personally identifiable information about our user base and its usage patterns.
• We may disclose personally identifiable information to third-party partners, including (without limitation) organizations and institutions with which you indicate an affiliation, in furtherance of our business arrangements with them, including without limitation to jointly offer a product or service to you or create interoperability between our products and services and the products and services of such partners.
• Clarity uses contractors and third-party vendors, consultants, agents, and service providers to help provide the Services to our users and to help us provide services in connection with the Services or to help us with any of the purposes described in this Policy. Such third parties may receive information from us for use for such purposes. Depending on the Services you use     and how you use the Services, the following categories of Service Providers may collect data on our behalf or receive personal information:
   
  • Hosting service providers,
   
  • Analytics providers,
   
  • Internet service providers,
   
  • Payment processing providers,
   
  • Marketing agencies that assist with our direct email and advertising,
   
  • Providers of business operations and communication tools, such as email and messaging software providers,
   
  • Customer relationship management and customer support service providers,
   
  • Security and fraud-prevention providers,
   
  • Other third-party service providers that help us provide features and functions for the Services, and
   
  • Professional advisors, agents and service providers, such as auditors, lawyers, consultants, accountants and insurers.

For a list of all Service Providers we use, please contact us. We require all Service Providers to respect the security of your personal information and to treat it in accordance with the law.

• We may report aggregated, de-identified data relating to activity on the Services to third parties or the general public. We may combine such data with data obtained from third-party sources in order to generate such reports.
• We will use and disclose information where we, in good faith, believe that the law or legal process (such as a court order, search warrant or subpoena) requires us to do so; to investigate, prevent, or take action regarding illegal activities, suspected fraud, or violations of our terms and conditions; or in other circumstances where we believe is necessary to     protect the rights or property of Clarity, our users, and third parties. Non-public information about our users will not be released to law enforcement except in response to an appropriate legal process such as a subpoena, court order, or other valid legal process that has been reviewed by Clarity. However, if we receive information that provides us with a good faith     belief that there is an exigent emergency, we may provide information to law enforcement trying to prevent or mitigate the danger, to be determined on a case-by-case basis. If you are an Authorized User, please consult with the relevant Customer to learn more about how they respond to requests for information pursuant to legal orders.
• We may disclose OpenMap Data that you or your administrator submits to the Services with select Clarity third party business partners and publicly on our Site, which may include detailed air quality measurements, geographic coordinates of the sensor where such     measurements were taken, and the company’s logo or name (if your administrator has enabled sharing of such information).
• If you are an Authorized User, the administrators of your organization’s account may access and control your account. In addition, if you create an account using an email address belonging to your employer or another organization, we may share the fact that you have     a Clarity account and certain account information, such as your name and email address, with your employer or organization to, for example, enable you to be added to their business account.
• From time to time, we may work with other businesses to sponsor or host conferences or webinars, market related services, promote joint ventures or other similar collaborations. We may disclose personal information, such as your name and email address, with our business partners in these situations.
• We may disclose personal information to third parties we choose to acquire or with buyers, successors, or others in connection with a merger, divestiture, restructuring, reorganization, financing due diligence, initial public offering, dissolution, or other sale or transfer of some or all of our assets or transition of service to another provider, whether as a going concern or as part of bankruptcy, receivership, liquidation or similar proceeding, as permitted by law     and/or contract.
• There may be situations where you are asked to consent to disclose personal information with third parties for additional reasons not included in this Policy. In such event, we will only share such personal information if we have received your prior consent and only for the purposes listed in the request to share such information. Except where otherwise required by applicable law, your consent for the use and/or disclosure of your personal information in specific     situations will continue in full force and effect until you revoke that consent, which you may do by contacting us.  For the avoidance of doubt, the revocation of consent shall only apply to the use of the information after our receipt and processing of such request (which we shall process promptly and in accordance with applicable law), and not to any use or disclosure prior to such revocation in compliance with your consent.
• If you request or direct us to share your information, including, through any share, send, or similar functionality available via the Services, with third parties, we will share your information with such third parties. Note that the third parties described in this paragraph with whom you choose to share your information are not our service providers, and if you choose to share your information with those third parties, they may use your personal information differently than we do, and we do not control their use of your information.     Please make your choice to share your information carefully and review the privacy notices of all other third parties you decide to share your information with, if applicable. Clarity will not be able to contain or retrieve personal information once it has been shared or disclosed, and Clarity will have no responsibility or liability for any consequences that may result because you have released or shared personal information with others.

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05. Cookies and Tracking Technologies

We or authorized third parties or agents may collect certain information by automated means using Cookies. Cookies collect information such as usage information.

We may also use third party advertising partners (e.g., Google, Bing, LinkedIn, and Meta) who use targeting/advertising Cookies and similar technologies to deliver advertisements that are more relevant to you and your interests and/or advertise the Services. These Cookies and similar technologies are typically used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website, and this information is shared with other organizations such as advertisers. We will update and notify you of any future changes in the use of targeted advertising in accordance with this Policy.

For more information on our use of Cookies, please see our Cookie Policy.

06. “Do Not Track” Preferences

The Services do not monitor for or behave differently if your browser or device transmits a “Do Not Track” or similar message.

Some Internet browsers may be configured to send “Do NotTrack” signals to the online services that you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context.Like many websites and online services, Clarity does not currently alter our practices when we receive a “Do Not Track” signal from a visitor’s browser except as specifically required by law. For information about “Do Not Track” please visit AllAbout DNT.

07. Your Choices

07.1 Account Information

You can contact Clarity to amend or delete your user account information at any time. Please note that while changes or deletions to your account information are reflected promptly inactive user databases, our servers may retain previously provided information. Note that changes to, or deletion of, your Services account user information does not affect any other information collected by Clarity, which Clarity may retain and continue to use or disclose in accordance with this Policy.

07.2 Marketing Preferences

You may also opt out of receiving marketing emails from us by following the instructions in those emails or by emailing us at the email address listed in the Contact Us section below.

If you opt out of receiving marketing emails, we will still send you transactional emails, such as for responses to your requests or communications about your account.

07.3 SMS Preferences

To stop receiving SMS Alerts from Clarity, you can opt out at any time by responding with the opt-out notice indicated in the SMS communication or any other manner specified by Clarity in writing. We will use commercially reasonable efforts to process such requests in a timely manner.  

07.4 Third Party Advertising and Analytics

Clarity may work with third-party network advertisers, ad agencies, and other advertising partners to serve Clarity ads online. We may use information we have learned about you to target ads to you and allow our third-party advertising partners(e.g., Google, Bing, LinkedIn, Meta/Facebook) to manage our advertising on their websites. We also use third-party analytics providers to provide us with information regarding the use of the Services and the effectiveness of our advertisements. For more information about the tracking technologies that these third parties use and your options, please see the Cookies and Tracking Technologies  section.

08. Data Privacy Rights Requests

Depending on where you live and the laws that apply in your country or state of residence, you may have additional rights available to you, as described further below. However, please be aware that these rights are limited, and we may also decline a request if we have a lawful reason for doing so.

08.1 Additional Privacy Rights

• The right to know - the right to know what personal information we process about you, including (a) the categories of personal information we have collected, (b) the categories of the sources from which the personal information is collected, (c) the business or commercial purposes for     collecting, selling, or sharing the personal information, (d) the categories of third parties with whom we have disclosed personal Information, and (e) the categories of personal information we have disclosed for a business purpose, sold, or shared, and the third parties to whom we have disclosed, sold, or shared the personal information;
• The right to access (portability) - the right to request and receive a copy of the specific pieces of personal information we have processed about you, subject to certain exceptions and conditions. In certain cases and subject to applicable law, you have the right to port your information in a commonly used, machine readable format;
• The right to correct - the right to request that we correct inaccurate personal information that we have collected from you and retained, subject to certain exceptions;
• The right to erase your data - the right to request that we delete your personal information collected from you when you use our Services, subject to certain exceptions;
• The right to opt-out of sale and sharing of your personal information - the right to opt-out of having your personal information “sold” or “shared”—depending on where you live, this may also be implemented via an Opt-Out Signal through your browser, as described in the Global   Privacy Control and Opt-Out Preference Signals section below;
• The right to restrict processing (including for direct marketing purposes) – that is a right for you in certain circumstances to ask us to suspend processing personal information;
• The right to object - that is a right for you to object to us processing your personal information (for example, if you object to us processing your personal information for direct marketing);
• Rights in relation to automated decision-making and profiling – that is a right you have for us to be transparent about and not be subject to any profiling or any automated decision-making we may do;
• The right to limit the use and disclosure of sensitive personal information - the right to request that we limit the use and disclosure of certain personal information considered “sensitive personal information” under applicable law;
• The right against discrimination - the right not to be discriminated against because you have exercised your rights;
• File a complaint – that is the right to file a complaint with a local supervisory authority about our collection and processing of your personal information; and
• The right to withdraw your consent (to the extent applicable).

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08.2 Exercising Your Data Rights

If you are an EU resident or a resident of a different jurisdiction where these rights apply, you or your authorized agent acting on your behalf may submit a request by contacting us to exercise your rights. To exercise your right to opt-out of sales and sharing of personal information, click:  Do Not Sell or ShareMy Personal Information.

To verify your identity, we may ask you to confirm personal information we already have on file for you. This is a security measure to help ensure that personal information is not disclosed to any person who has no right to receive it and to help ensure that the person exercising the right is the person about whom the personal information relates. If we cannot verify your identity from the information we have on file, we may request additional information, which we will only use to verify your identity and for security or fraud prevention purposes.

If you use an authorized agent to make a request on your behalf, we may require proof from you that they have been authorized directly by you to act on your behalf.

We will respond to your rights request as required under applicable law. These rights are subject to certain rules around when you can exercise them.

We reserve the right to deny your request subject to applicable law, such as if we cannot verify your identity or the authority to receive the personal information related to you.

Please note that under many countries’ laws, you have the right to lodge a complaint with the supervisory authority in the place in which you live or work. A full list of EU supervisory authorities’ contact details is available here.If you live or work in the UK, you have the right to lodge a complaint with the UK Information Commissioner’s Office. If you live in Brazil, you have the right to lodge a complaint with the Brazilian Data Protection Authority (ANPD). If you live in Australia, you have the right to lodge a complaint with the Office of the Australian Information Commissioner.

If you reside in the United States, depending on your state of residence, you may also have the right to appeal requests that we deny by contacting us by email at the address provided in the Contact Us section of this Policy. You may contact the state attorney general of the state in which you reside for questions on enforcing or exercising your data rights or to submit a complaint. For more information on how to contact your state attorney general, please see https://www.naag.org/find-my-ag/.

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08.3 Global Privacy Control and Opt-Out Preference Signals

Depending on your state of residence,  you may opt-out of the sale or sharing of your personal information for targeted advertising by implementing the Global Privacy Control (“GPC”) or other opt-out preference signal through your browser(collectively, “Opt-Out Signals”).  For more information about Opt-OutSignals and instructions on how to download and use them, please visit https://globalprivacycontrol.org. If you have implemented an Opt-Out Signal, we will honor your request with respect to the browser or device that sends us the Opt-Out Signal.

09. Security

The personally identifiable information we collect about you is stored in limited access servers. We will maintain reasonable safeguards designed to protect the security of these servers and your personally identifiable information. However, no security measures are 100% effective and we cannot guarantee the security of your personally identifiable information. By using the Services, you understand and assume the risks associated with your activities on the Internet.

If you have reason to believe that your information is no longer secure, please let us know by contacting us using the methods provided in the Contact Us section of this Policy.

10. Children’s Privacy

Our Services are not intended for use by anyone younger than the age of 18 or under the applicable legal age of the relevant country. We do not knowingly collect personal information from children younger than the age of 18 without the consent of a parent or legal guardian, as required under applicable law. If you learn or believe that a child under the age of 18 has provided us with personal information, please contact us using the methods provided in the Contact Us section of this Policy below, and we will work to delete the child’s Services account and any such personally identifiable information.

11. External Links

This Site may contain links to third-party websites. If you use these links, you will leave the Site. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites, their content, or their privacy policy. Thus, we do not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites listed on our website, you do so at your own risk. We are not responsible for the content or data collection practices of those websites, and your use of such websites is subject to their respective terms of use and privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

12. Third-Party Social Media Plugins

The Services may offer social media platform sharing features and other integrated tools that enable you to share or view certain content via social media sites (such as the Twitter “Follow” button). These features may function as cookies or web beacons when you interact with them and collect information such as information about your device or your interactions with the Services, such as what you’re viewing through the Services. If you are logged in to your account with the third party, the third party may be able to link information about your interactions with the Services to your account with them. Please refer to each third party’s privacy policies to learn more about its data practices.

13. International Users

The personal information that we collect or receive may be transferred to and processed in countries located outside of your country of residence to the countries where we or our third-party service providers process it. The data protection laws of the countries where personal information is processed may not be as comprehensive as or equivalent to those in your country of residence.  Whenever we transfer personal information internationally, we take steps to protect it as required under applicable law.

14. California “Shine the Light”Disclosure

The California “Shine the Light” law gives residents ofCalifornia the right under certain circumstances to opt-out of the sharing of certain categories of personal information with third parties for their direct marketing purposes. We do not currently share or disclose personal information with third parties for their own direct marketing purposes.

15. Data Retention

We retain personal information about you necessary to fulfill the purpose for which that information was collected or as required or permitted by law. We do not retain personal information longer than is necessary for us to achieve the purposes for which we collected it. When we destroy your personal information, we do so in a way that prevents that information from being restored or reconstructed.

16. Changes to this Policy

We may update this Policy from time to time. When we update this Policy, we will revise the “Last Updated and Effective Date” at the top of this Policy and post a link to the updated Policy on our Site. Changes to this Policy are effective when they are posted. If we make any material changes, we will provide you with notice as required under applicable law. Please review this Policy periodically to ensure you are aware of any such changes.

17. Contact Us

If you have any questions regarding our Privacy Notice, please contact us:

·      By phone at +1 (707) 410-0941

·      By email at contact@clarity.io.

·       Via our online form at https://www.clarity.io/contact-us