1. This Policy
CleVerHP LLC (“CleVer Family” or “We”) recognizes that privacy is important when using the Internet for communications. This policy explains how CleVer collects, stores, uses and shares Personal Data. This policy is addressed to individuals outside our organisation with whom we interact, including visitors to our websites and users of our products and services (together, “you”). This policy covers our following websites: https://cleverfamilyapp.com/, cleverfamilybond.com and associated sub-domains (together, our “Site”) and our mobile application (“App”) (Site and App referred to together as “Services”).
Defined terms used in this Policy are explained in Section (19) below. Contact details are provided in Section (18) below.
2. Children and Verifiable Parental Consent
Verifiable Parental Consent
CleVer Family will not collect, use, or disclose any of your child’s Personal Data without receiving your prior verifiable parental consent. To provide this consent you must have first created an account on the CleVer Family App by providing an email address, username and creating a password. Before you may begin using the CleVer Family App, you will be prompted to the CleVer Family direct notice to parents. If you agree to the terms outlined in the direct notice, then you will be directed to a third-party payment gateway in which you will enter your credit/debit card information and authorize a $2.99 payment to CleVer Family. This process helps to ensure that a parent is in fact providing consent to CleVer Family’s collection of a child’s Personal Data, since the payment will appear in the parent’s next account statement. After payment is received, and CleVer Family has verified that the payment has been successfully processed, you and your child will be able to use the CleVer Family App Services. If CleVer Family later determines that the payment was not authorized by a parent, it will revoke the consent from the associated account, and the account will be terminated.
In accordance with COPPA:
– We will not require a child to disclose more information than is reasonably necessary to participate in the Services;
– You can review your child’s Personal Data, direct us to delete it, and refuse to allow any further collection or use of the child’s information;
– You can agree to the collection and use of your child’s Personal Data, but still not allow disclosure to third parties unless it is necessary for the provision of the Services; and
– You may exercise these rights by contacting Clever at email@example.com.
Personal Data We May Collect from Children and How We Use It
3. Changes to this Policy
This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy. In the event of a material change to our privacy practices, we will give you notice by emailing you at your email address on record and your continued use constitutes acceptance of our updated privacy practices.
4. Processing Personal Data
Collection of Personal Data:
We may collect Personal Data about you and your child, as applicable, including name, birth date, email address, phone number, country of residence, and other Personal Data that you may submit through use of our Services, such as chat messages, photos, videos, and audio files containing images or voice. Examples of sources from which we may collect Personal Data include the following:
– We may obtain your Personal Data when you or your child provides it to us, e.g., where you create an account with us to use our Services, contact us via email or telephone, or by any other means.
– We may collect your Personal Data in the ordinary course of our relationship with you or your child (e.g., in the course of administering your CleVer Family account or in providing you our Services).
– We may collect Personal Data that you manifestly choose to make public to your contacts through the Services or by posting comments in a public forum.
– We may collect or obtain Personal Data when you visit our Services, or use any features or resources available on or through our Services. When you visit our Service, your device and browser will automatically disclose certain information, some of which may constitute Personal Data (see below).
Creation of Personal Data:
We may also create Personal Data about you, such as records of your interactions using our Services, and details of your account history, and we only use this information to provide you and improve the Services.
Categories of Personal Data:
The categories of Personal Data about you that we may Process include:
– Personal details: first and last name; birth date; password; and account settings.
– Contact details: telephone number; email address; and country of residence.
– Device details: unique device identifier, device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to our Services and other technical communications information.
– Services Data: when you use the CleVer Family App, you or your child may upload Personal Data such as chat messages, photos, videos, and audio files containing a child’s image or voice.
– Usage details: records of you and your child’s use of our Services including: registration details; details of features of the Services with which you interact; questions; downloads; ratings; feedback; search queries; anonymous viewings; page views; metadata related to product usage.
– Views, opinions and interests: any comments, ratings, views or opinions that you or your child choose to send to us, post via our Services, or via a survey. When you post comments on our Services, the information contained in your posting will be stored on our servers and other users may be able to see it if it is a public forum or to the extent you choose to share it with other users of the Services. We also may wish to post your testimonials, which may contain Personal Data, on our website or through social media. In such a scenario, we will obtain your consent via email prior to posting your testimonial along with your name. If you want your testimonial removed, please contact us at firstname.lastname@example.org.
Lawful basis for Processing Personal Data:
In Processing your Personal Data in connection with the purposes set out in this Policy, we may rely on one or more of the following legal bases, depending on the circumstances:
– we have obtained your prior express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
– the Processing is necessary in connection with any contract that you may enter into with us;
– the Processing is required by applicable law;
– the Processing is necessary to protect the vital interests of any individual; or
– we have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.
Processing your Sensitive Personal Data:
We do not seek to collect or otherwise Process your Sensitive Personal Data, except where:
– the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
– the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);
– the Processing is necessary for the establishment, exercise or defence of legal rights; or
– we have, in accordance with applicable law, obtained your prior explicit consent prior to Processing your Sensitive Personal Data (as above, this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
5. Purposes for which we may Process your Personal Data
The purposes for which we may Process Personal Data, subject to applicable law, include:
– Our Services: operating and managing our Services; providing our Services to you and your child; providing content to you and your child; and communicating and interacting with you and your child via our Services; recommending content that may be of interest to you or your child.
– Marketing communications: communicating with you via email, telephone, text message, social media, post or in person about our Services, news, products, services and other information that may be of interest to you.
– Communications and IT operations: management of our communications systems; operation of IT security; and IT security audits.
– Safety: safety assessments and record keeping; and compliance with related legal obligations.
– Financial management: sales; finance; corporate audit; and vendor management.
– Surveys: engaging with you for the purposes of obtaining your views on our Services.
– Improving our Services: identifying issues with existing Services; planning improvements to existing Services; creating new Services.
6. Disclosure of Personal Data to third parties
We may disclose your Personal Data to:
– legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
– accountants, auditors, lawyers and other outside professional advisors to CleVer, subject to obligations of confidentiality;
– third party Processors (such as IT service providers; payment processors; marketing service providers; etc.), located anywhere in the world, subject to the requirements noted below in this Section (6);
– any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
– any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
– any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
– our Services may use third party plugins or content (e.g., social media plugins, such as Youtube). If you choose to interact with any such plugins or content, your Personal Data may be collected by the third party provider of the relevant social media platform.
– as requested by you or your child in connection with the use of the Services in the case where you or your child select members from your contacts list with whom you wish to share your or your child’s Personal Data.
If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
7. Other Non-Personal Data We May Process
We may create anonymous data records from Personal Data by excluding Personal Data (such as your name) that make the data personally identifiable to you. We use this anonymous data to analyze usage patterns so that we may enhance the content of our Services and improve site navigation. CleVer reserves the right to use for other purposes and to disclose anonymous data to third parties at its discretion.
8. Cookies and Automatically Collected Data
We also use navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our website or access your account on our network.
9. International transfer of Personal Data
Because of the international nature of our business, we may need to transfer your Personal Data to third parties as noted in Section (6) above, solely in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located, provided that our Processors are subject to binding contractual obligations.
10. Third Party Websites
11. California Disclosure
CleVer does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.
Note that some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, certain sites and browsers enable you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.
12. Data Security
We have implemented appropriate technical and organizational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, and other unlawful or unauthorised forms of Processing, in accordance with applicable law. We take reasonable steps to protect Personal Data, including: using Secure Socket Layer (“SSL”) to encrypt your Personal Data during data transfers; requiring you to establish a password to access your account through the Services; and regularly monitoring our servers and IT systems for possible vulnerabilities and attacks. Despite these efforts, however, the transmission of information via the Internet is not completely secure. We cannot guarantee the security of Personal Data transmitted to or through the Services, and such transmission is at your own risk.
You are responsible for the ensuring that any Personal Data that you send to us are sent securely.
13. Data Accuracy
We take every reasonable step to ensure that:
– your Personal Data that we Process is accurate and, where necessary, kept up to date; and
– any of your Personal Data that we Process that is inaccurate (having regard to the purposes for which they are Processed) are erased or rectified promptly.
From time to time we may ask you to confirm the accuracy of your Personal Data.
14. Data Minimisation
We take every reasonable step to ensure that your Personal Data that we Process is limited to the Personal Data reasonably required in connection with the purposes set out in this Policy.
15. Data Retention
We will only retain your Personal Data for as long as is necessary to fulfill our legitimate purposes, including for the purposes of providing our Services to you and satisfying any legal, accounting or reporting requirements. The criteria that we use to determine retention periods will be determined by the nature of the data and the purposes for which it is kept and the potential risk of harm from unauthorized use or disclosure.
16. Your legal rights: Accessing, Updating and Deleting Your Personal Data
Subject to applicable law, you may have a number of rights regarding the Processing of your Personal Data, including:
– the right to request access to, or copies of, your Personal Data that we Process or control;
– the right to request rectification of any inaccuracies in your Personal Data that we Process or control;
– the right to request, on legitimate grounds:
– erasure of your Personal Data that we Process or control; or
– restriction of Processing of your Personal Data that we Process or control;
– the right to object, on legitimate grounds, to the Processing of your Personal Data by us or on our behalf;
– the right to have your Personal Data that we Process or control transferred to another Controller, to the extent applicable;
– where we Process your Personal Data on the basis of your express consent, the right to withdraw that consent; and
– the right to lodge complaints with a Data Protection Authority regarding the Processing of your Personal Data by us or on our behalf.
This does not affect your statutory rights.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section (18) below.
17. Terms of Service
All use of our Services is subject to our Terms of Service.
18. Contact details
If you have any comments, questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of Personal Data by CleVer, please contact:
Mailing Address: CleVerHP LLC
401 Columbus Ave
Valhalla, New York 10595
Phone: +1 (914) 471-2978
– ‘Controller’ means the entity that decides how and why Personal Data is Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
– ‘Data Protection Authority’ means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
– ‘Personal Data’ means information that is about any individual, or from which any individual is identifiable. Examples of Personal Data that we may Process are provided in Section (3).
– ‘Process’, ‘Processing’ or ‘Processed’ means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
– ‘Processor’ means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
– ‘Sensitive Personal Data’ means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
Clever Family 2018