Cleer
Privacy Policy
Effective date: January 01, 2021
Your privacy is important to Cleer. This Privacy Policy describes our policies and
procedures on the collection, use and disclosure of Your
information when You use the Service and tells You about Your privacy rights
and how the law protects You.
We use Your Personal data to provide
and improve the Service. By using the Service, You agree to the collection and
use of information in accordance with this Privacy Policy.
Interpretation
and Definitions
Interpretation
The words of which the initial
letter is capitalized have meanings defined under the following conditions. The
following definitions shall have the same meaning regardless of whether they
appear in singular or in plural.
Definitions
For the purposes of this Privacy
Policy:
· Account means a unique account created
for You to access our Service or parts of our Service.
· Affiliate means an entity that controls,
is controlled by or is under common control with a party, where
"control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or
other managing authority.
· Application means the software program
provided by the Company downloaded by You on any electronic device, named Cleer+
· Company (referred to as either
"the Company", "We", "Us" or "Our" in
this Agreement) refers to Cleer Inc,
11440 West Bernardo Court, Suite 274, San Diego, CA 92127, USA
·
Country refers to: United States
· Device means any device that can
access the Service such as a computer, a cellphone or a digital tablet.
· Personal Data is any information that
relates to an identified or identifiable individual.
· Service refers to the Application.
· Service Provider means any natural or legal
person who processes the data on behalf of the Company. It refers to
third-party companies or individuals employed by the Company to facilitate the
Service, to provide the Service on behalf of the Company, to perform services
related to the Service or to assist the Company in analyzing how the Service is
used.
· Usage Data refers to data collected
automatically, either generated by the use of the Service or from the Service
infrastructure itself (for example, the duration of a page visit).
· You means
the individual accessing or using the Service, or the company, or other legal
entity on behalf of which such individual is accessing or using the Service, as
applicable.
Collecting
and Using Your Personal Data
Types of Data
Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable
information that can be used to contact or identify You. Personally
identifiable information may include, but is not limited to:
· Name, address, telephone number and
email address
· Information about purchases or other
transactions with us
· Information about your customer
service and maintenance interactions with us
· Information you choose to attribute
in connection with your devices (e.g., the name of the musical venue you upload
in a Cleer app and share with other users or the name
you have given to your Cleer product)
· Any other information you choose to
directly provide to Cleer in connection with your use
of the Services.
Usage Data
Usage Data is collected
automatically when using the Service.
Usage Data may include information
such as Your Device's Internet Protocol address (e.g. IP address), browser
type, browser version, the pages of our Service that You
visit, the time and date of Your visit, the time spent on those pages, unique
device identifiers and other diagnostic data.
When You access the Service by or
through a mobile device, We may collect certain information automatically,
including, but not limited to, the type of mobile device You use, Your mobile
device unique ID, the IP address of Your mobile device, Your mobile operating
system, the type of mobile Internet browser You use, unique device identifiers
and other diagnostic data.
When you scan Cleer
products, we will use your device's location permissions to get your
approximate location. And with your permission, we may use your device’s
cellular network, wireless network, global positioning system (GPS) and/or
Bluetooth information to determine your location, and to scan the surrounding
Bluetooth device information so that we can quickly connect to the Cleer+ app.
We may also collect information that
Your browser sends whenever You visit our Service or
when You access the Service by or through a mobile device.
Information Collected
while Using the Application
While using Our Application, in
order to provide features of Our Application, We may collect, with Your prior permission:
· Information regarding your location
· Information from your Device's phone
book (contacts list)
· Pictures and other information from
your Device's camera and photo library
We use this information to provide
features of Our Service, to improve and customize Our Service. The information
may be uploaded to the Company's servers and/or a Service Provider's server or
it may be simply stored on Your device.
You can enable or disable access to
this information at any time, through Your Device settings.
Use of Your Personal
Data
The Company may use Personal Data
for the following purposes:
· To provide and maintain our Service, including to
monitor the usage of our Service.
· To manage Your
Account: to
manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities
of the Service that are available to You as a registered user.
· For the performance of a contract: the development, compliance
and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through
the Service.
· To contact You: To contact You by email,
telephone calls, SMS, or other equivalent forms of electronic communication,
such as a mobile application's push notifications regarding updates or
informative communications related to the functionalities, products or
contracted services, including the security updates, when necessary or
reasonable for their implementation.
· To provide You with news, special offers and
general information about other goods, services and events which we offer that
are similar to those that you have already purchased or enquired about unless
You have opted not to receive such information.
· To manage Your
requests: To
attend and manage Your requests to Us.
· For business transfers: We may use Your information 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 Data held by Us about our Service users is among the assets
transferred.
· For other purposes: We may use Your information for other
purposes, such as data analysis, identifying usage trends, determining the
effectiveness of our promotional campaigns and to evaluate and improve our
Service, products, services, marketing and your experience.
We may share Your
personal information in the following situations:
· With Service Providers: We may share Your personal information with Service Providers to monitor
and analyze the use of our Service, to contact You.
· For business transfers: We may share or transfer Your
personal information in connection with, or during negotiations of, any merger,
sale of Company assets, financing, or acquisition of all or a portion of Our
business to another company.
· With Affiliates: We may share Your information with Our affiliates, in which case we will
require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture
partners or other companies that We control or that are under common control
with Us.
· With business partners: We may share Your information with Our business partners to offer You
certain products, services or promotions.
· With other users: when You
share personal information or otherwise interact in the public areas with other
users, such information may be viewed by all users and may be publicly
distributed outside.
· With Your consent: We may disclose Your
personal information for any other purpose with Your consent.
Retention of Your
Personal Data
The Company will retain Your
Personal Data only for as long as is necessary for the purposes set out in this
Privacy Policy. We will retain and use Your Personal Data to the extent
necessary to comply with our legal obligations (for example, if we are required
to retain your data to comply with applicable laws), resolve disputes, and enforce
our legal agreements and policies.
The Company will also retain Usage
Data for internal analysis purposes. Usage Data is generally retained for a
shorter period of time, except when this data is used to strengthen the
security or to improve the functionality of Our Service, or We
are legally obligated to retain this data for longer time periods.
Transfer of Your
Personal Data
Your information, including Personal
Data, is processed at the Company's operating offices and in any other places
where the parties involved in the processing are located. It means that this
information may be transferred to — and maintained on — computers located
outside of Your state, province, country or other governmental jurisdiction
where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy
followed by Your submission of such information
represents Your agreement to that transfer.
The Company will take all steps
reasonably necessary to ensure that Your data is treated securely and in
accordance with this Privacy Policy and no transfer of Your Personal Data will
take place to an organization or a country unless there are adequate controls
in place including the security of Your data and other personal information.
Disclosure of Your
Personal Data
Business Transactions
If the Company is involved in a
merger, acquisition or asset sale, Your Personal Data may be transferred. We
will provide notice before Your Personal Data is transferred and becomes
subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the
Company may be required to disclose Your Personal Data if required to do so by
law or in response to valid requests by public authorities (e.g. a court or a
government agency).
Other legal requirements
The Company may disclose Your
Personal Data in the good faith belief that such action is necessary to:
· Comply with a legal obligation
· Protect and defend the rights or
property of the Company
· Prevent or investigate possible
wrongdoing in connection with the Service
· Protect the personal safety of Users
of the Service or the public
· Protect against legal liability
Security of Your
Personal Data
The security of Your Personal Data
is important to Us, but remember that no method of
transmission over the Internet, or method of electronic storage is 100% secure.
While We strive to use commercially acceptable means
to protect Your Personal Data, We cannot guarantee its absolute security.
YOUR DATA AND THIRD PARTIES
We will never sell your information
to third parties. We may share some information with third parties listed
below. We take the necessary actions to secure that all third parties respect
and protect your data.
Mimi Hearing Technology will collect users interaction and behavior to help for
get the best possible experience and react promptly if there is potential for
improvement. Product Interaction Analytics that are not
linked to the user’ identity. For further information please go check at
https://www.mimi.io/en/privacy/.
Children's
Privacy
Our Service does not address anyone
under the age of 13. We do not knowingly collect personally identifiable
information from anyone under the age of 13. If You
are a parent or guardian and You are aware that Your child has provided Us with
Personal Data, please contact Us. If We become aware
that We have collected Personal Data from anyone under the age of 13 without
verification of parental consent, We take steps to remove that information from
Our servers.
If We need
to rely on consent as a legal basis for processing Your information and Your
country requires consent from a parent, We may require Your parent's consent
before We collect and use that information.
Information
For California Residents
If you are a California resident,
California law requires us to provide you with some additional information
regarding your rights with respect to your “personal information” (as defined
in the California Consumer Privacy Act (“CCPA”)). We describe the categories of
personal information we collect, the sources and uses of such information, and
the entities to which we share such information in our California Privacy
Notice of Collection.
California Data Access
and Deletion Rights
If you are a California resident,
the CCPA allows you to make certain requests about your personal information.
Specifically, the CCPA allows you to request us to:
• Inform
you about the categories of personal information we collect or disclose about
you; the categories of sources of such information; the business or commercial
purpose for collecting your personal information; and the categories of third
parties with whom we share/disclose personal information.
• Provide
access to and/or a copy of certain personal information we hold about you.
• Delete
certain personal information we have about you.
• Provide
you with information about the financial incentives that we offer to you, if
any.
The CCPA further provides you with
the right to not be discriminated against (as provided for in applicable law)
for exercising your access, deletion, or sale opt out
rights.
Please note that certain information
may be exempt from such requests under California law. For example, we need
certain information in order to provide the Services to you.
Verification: We will take
reasonable steps to verify your identity before responding to a request, which
may include, at a minimum, depending on the sensitivity of the information you
are requesting and the type of request you are making, verifying your name and
email address.
You are also permitted to designate
an authorized agent to submit certain requests on your behalf. In order for an
authorized agent to be verified, you must provide the authorized agent with
signed, written permission to make such requests or a power of attorney. We may
also follow up with you to verify your identity before processing the
authorized agent’s request.
If you would like further
information regarding your legal rights under California law or would like to
exercise any of them, please call 1-888-672-5337. You can also email us for
further inquiries at info@cleeraudio.com.
Please note that the CCPA sets forth
certain obligations for businesses that “sell” personal information to third
parties. We do not engage in such activity and have not engaged in such
activity in the past twelve months from the effective date of this Privacy
Policy.
California “Shine the
Light” Disclosure
The California “Shine the Light” law
gives residents of California the right under certain circumstances to opt out
of the sharing of certain categories of personal information (as defined in the
Shine the Light law) with third parties for their direct marketing purposes. We
do not share your personal information with third parties for their own direct
marketing purposes.
Information
For Nevada Residents
Under Nevada law, Nevada residents
who have purchased goods or services from us may opt out of the “sale” of
“covered information” (as such terms are defined under Nevada law). “Covered
information” includes, among other things, first and last name, address, email
address, and phone number. If you are a Nevada resident who has purchased goods
or services from us, you may submit a request to opt out of any future sales
under Nevada law by contacting us via email at info@cleeraudio.com. Please note
we may take reasonable steps to verify your identity and the authenticity of
the request.
Information
For International Users
Please note that in providing
services to you, Cleer may subcontract the processing
of your data to, or otherwise share your data with, other members within the Cleer group, trusted service providers, and trusted
business partners in countries other than your country of residence, including
the United States, in accordance with applicable law. Such third parties may be
engaged in, among other things, the provision of Services to you, the
processing of transactions and/or the provision of support services. By
providing us with your information, you acknowledge any such transfer, storage
or use.
If you live in the EEA, please note
that if we provide any information about you to any non-EEA members of our
group or third-party information processors, we will take appropriate measures
to ensure such companies protect your information adequately in accordance with
this Privacy Policy. These measures include signing Standard Contractual
Clauses in accordance with EU and other data protection laws to govern the
transfers of such data. For more information about these transfer mechanisms,
please contact us at info@cleeraudio.com
If applicable, you may make a
complaint to the data protection supervisory authority in the country where you
are based. Alternatively, you may seek a remedy through local courts if you
believe your rights have been breached.
Links
to Other Websites
Our Service may contain links to
other websites that are not operated by Us. If You click on a third party link, You will be directed to
that third party's site. We strongly advise You to review
the Privacy Policy of every site You visit.
We have no control over and assume
no responsibility for the content, privacy policies or practices of any third
party sites or services.
Changes
to this Privacy Policy
We may update Our Privacy Policy
from time to time. We will notify You of any changes
by posting the new Privacy Policy on this page.
We will let You
know via email and/or a prominent notice on Our Service, prior to the change
becoming effective and update the "Last updated" date at the top of
this Privacy Policy.
You are advised to review this
Privacy Policy periodically for any changes. Changes to this Privacy Policy are
effective when they are posted on this page.
Contact
Us
If you have any questions about this
Privacy Policy, You can contact us:
· By email: info@cleeraudio.com
· By phone: 1-888-672-5337
· Vsit our Contact Us page at www.cleeraudio.com