Effective Date: November 1, 2020
Welcome to the website of ClearMetal Inc. (collectively with any subsidiaries and affiliates, "ClearMetal", "Company", "we", "us", or "our"). We have prepared this Privacy Notice ("Privacy Notice") to explain how we collect, use, protect, and disclose your information when you use (1) websites on which this Privacy Notice appears ("Sites"), or (2) ClearMetal’s software-as-a-service products, including the software available through our platform via https://clearmetal.com and any software, mobile applications, products, devices, or other services offered by ClearMetal from time to time collectively, ("ClearMetal Platform"). It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. "You" refers to you as a visitor or a user of the Sites or Services.
This Privacy Notice applies to the Personal Information we collect and use as a data controller. For much of the Personal Information we collect and process through the ClearMetal Platform, we act as a processor/service provider and will only process such information on behalf of and in accordance with the instructions of our customers ("Clients") and their authorized users.
This Privacy Notice also does not apply to third-party software that integrates with the Services.
ClearMetal is a leading provider of cloud-based trusted software that helps shippers provide Amazon-like customer experience and product delivery. This is called the Continuous Delivery Experience (CDX). ClearMetal is headquartered in California, United States. For more information, please access our Website at https://www.clearmetal.com.
Use of the ClearMetal Platform is governed by a separate agreement (“Subscription Agreement”) that also covers the use and processing of data provided by Clients and their authorized users, (collectively, “Client Data”), which may include Personal Information. The organization (e.g., your employer or another entity or person) that entered into the Subscription Agreement with ClearMetal controls their instance of the ClearMetal Platform (their “Instance”) and any associated Client Data. If you have questions about specific Instance settings and privacy practices, please contact the Client whose Instance you are using. If you have received an invitation to join an Instance but have not yet created an account, you should request assistance from the Client that sent the invitation.
Information We Collect
We collect information that personally identifies you and other personal information about you or users whose information you provide to us when you sign up for or use the Sites or the ClearMetal Platform (“Personal Information”). Personal Information may include:
Client Data: Clients and authorized users of the ClearMetal Platform with access to a Client’s Instance regularly provide Client Data to ClearMetal pursuant to their Subscription Agreement and as part of their use of the ClearMetal Platform. ClearMetal collects this information under the direction of its Clients and has no direct relationship with the individuals whose personal data it processes. We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client or as otherwise necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Instance Information: When we create/update an Instance, the Client may provide us with account information associated with the Instance, such as email address, business address, phone number, password, domain, and/or similar account details.
Information You Provide to Us via the Sites: When using the Sites, we may collect and receive the following information from you, including:
· your name, phone number, and other contact details, including the company you work for, for example when filling out a request via the Sites for a demo;
· your username, password, and email when you register for an account to interact with portions of the Sites
· the profile information you provide us when you create your account profile to use certain areas of the Sites;
· any information that you may upload to the Sites and/or input into your account now or in the future, including comments, forum posts, testimonials or blog entries that you may provide via our Sites, which may be visible to other users of our Sites; and
· any other information you may provide to us voluntarily through your use of our Sites.
The decision to provide this information is optional. However, if you choose not to provide the requested information, you may not be able to use some or all of the features accessible via the Sites.
Information from Other Sources: We may receive information about you from other sources, including your company or third parties who are ClearMetal customers/users, and combine this data with information we already have about you. This helps us update, expand, and analyze our records. If others give us your information, we will only use that information for the specific reason for which it was provided to us.
Information We Collect Automatically: We automatically collect information regarding the actions you take on the Sites and ClearMetal Platform. In jurisdictions within the European Economic Area (“EEA”) and some jurisdictions, this information is considered Personal Information under applicable data protection laws. This type of usage data helps us understand trends in our users’ needs so we can better consider new features or otherwise tailor the ClearMetal Platform and the Sites. We may share this usage data with third parties for various purposes, including to help us better understand our customers’ needs and improve the ClearMetal Platform and the Sites.
When you use the Sites or ClearMetal Platform, some examples of the usage data we may collect include:
· the type of Web browser you use;
· your operating system;
· your web request;
· your Internet Service Provider;
· location data, such as your IP address;
· referring/exit pages and URLs;
· the pages you view and how you interact with links;
· the time and duration of your visits to the Sites or use of the ClearMetal Platform; and
· other information relating to your devices and your activity on the Sites and ClearMetal Platform.
We may store such usage data itself and such information may be included in databases owned and maintained by ClearMetal affiliates, agents, or service providers. We may use such information and pool it with other information, for example, to track the total number of visitors to our Sites or users of the ClearMetal Platform, the number of visitors to each page of our Sites, etc. We use this information to help us understand how people use the Sites and ClearMetal Platform, and to enhance the Sites and ClearMetal Platform.
When you visit any web site, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.
We classify cookies in the following categories:
· Strictly Necessary Cookies,
· Performance Cookies,
· Functional Cookies, and
· Targeting Cookies.
Strictly Necessary Cookies:
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
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.
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 may have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
You can remove persistent cookies and change your privacy preferences by following directions provided in your Internet browser’s “help” directory, or by changing your cookie settings within our Site. However, certain features of the Sites or ClearMetal Platform may not work if you delete or disable cookies. Some of our service providers may use their own cookies and web beacons in connection with the services they perform on our behalf, as further explained below.
Do Not Track: At this time, ClearMetal does not recognize automated browser signals regarding tracking, including “do-not-track” signals.
Third Party Technologies: Third parties, such as ad servers, ad networks, and data exchanges (“Advertisers”) may place or recognize a unique cookie on your computer or use other technologies such as web beacons so that they can tailor their advertisements to your apparent interests and deliver those advertisements to you while you are on certain Sites.. In addition, Advertisers use technologies (such as cookies, pixels, and web beacons) to collect information about your browsing behavior on our Sites which they may match with information they have previously collected. Our Privacy Notice does not cover any use of information that Advertisers may collect from you or that you choose to provide to them. For information about how to opt out of receiving certain behavioral advertisements, please visit this website at: https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options (or https://www.youronlinechoices.com if located in the European Union). Please note this does not opt you out of being served ads. You will continue to receive generic ads.
How We Use Your Information
We may use your Personal Information for the following purposes:
Provision and Monitoring of the Sites and the ClearMetal Platform: We will use your Personal Information to provide you with access to and to support your use portions of the Sites and of the ClearMetal Platform, and to monitor your use of the Sites and the ClearMetal Platform..As such, provisions related to data sharing and data transfer are superseded by written agreements between ClearMetal and its Client. Under no circumstances does ClearMetal use your Personal Data for any purpose other than as necessary to provide the services to you and your employer. Any questions about the provisions contained in the written agreements between Clients and their authorized users may be directed to your company administrator. Further, ClearMetal does not act as the Data Controller for any Personal Data in relation to its Clients’ authorized users. The terms "Personal Data" and "Data Controller" as used herein have the meanings given in the Regulation (EU) 2016/679 or also known as General Data Protection Regulation.
Surveys, Contests, and Other Special Offers: From time to time, we may offer our users the opportunity to participate in surveys, contests, and other special offers. If you elect to participate in these services, you will need to provide certain Personal Information.
Questions and Requests: If you contact us by email or otherwise, we will use the Personal Information you provide to answer your question or resolve your problem.
Contacting You About Other Products, Services, and Events: ClearMetal may use your Personal Information to contact you in the future to tell you about products, services, and events that may be of interest to you. You can find information on how to opt-out of contact from ClearMetal in the “Your Rights” section below.
Marketing, Research, and Data Analysis: In an ongoing effort to better understand and serve the users of the Sites and the ClearMetal Platform, ClearMetal may conduct research on its customers’ and users’ demographics, interests, and behavior based on Usage Data and other information provided to us. This data may be compiled and analyzed on an aggregate and/or anonymized/deidentified basis, and ClearMetal may share this data with researchers, business partners, and other third parties. This information will not identify you or users personally.
Service Improvement: We may use your Personal Information, aggregated Personal Information, and other information collected through the Sites and ClearMetal Platforms to help us improve the content and functionality of the Sites and ClearMetal Platform, to better understand our users, and to improve the Sites and the ClearMetal Platform.
Testimonials: We may display personal testimonials of satisfied customers on our site in addition to other endorsements. By posting a testimonial, you give your consent for ClearMetal to use your testimonial, along with your name, in all media.
Blog: Our website may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
Who We Share Your Personal Information With
You may make certain of your Personal Information available to others, such as your name or username, for example when you create a profile or submit public queries. This information may be accessed by users who use the Sites or ClearMetal Platform and may be accessed by commercial search engines such as Google, Yahoo, and Bing to the extent that such engines are permitted to access the Sites or ClearMetal Platform.
We may disclose your Personal Information to the following categories of recipients:
· our third-party service providers who provide data processing services to us (for example, to support the delivery of the ClearMetal Platform); and other businesses that we believe to be trustworthy and have privacy practices consistent with ours (“Subprocessors”). For example, we may contract with Subprocessors to provide certain services, such as hosting and maintenance, accounting, data analytics, data storage and management, and marketing and promotions, most of which are located in the United States. We only provide our Subprocessors with the information necessary for them to perform these services on our behalf. Each Subprocessor must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, to protect your Personal Information from unauthorized access, use, or disclosure. Subprocessors are prohibited from using Personal Information other than as specified by ClearMetal. Each Subprocessor shall also agree to provide the same level of privacy protection as ClearMetal, and notify ClearMetal if they make a determination that they can no longer provide the same level of privacy or security as ClearMetal.
· in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. ClearMetal will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other content and information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to or comply with legal requests (including court orders and subpoenas), to protect the safety, property, or rights of ClearMetal or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law;
· a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger, or acquisition of any part of our business, provided that we inform the buyer it must use your Personal Information only for the purposes disclosed in this Privacy Notice; and
· any other person with your consent to the disclosure.
Be Careful When You Share Information with Others
Please be aware that whenever you share information on a that may be on a publicly available page or any other public forum on the Sites or ClearMetal Platform, others may access that information. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.
At ClearMetal, we’re serious about information security, and we have developed and implemented numerous security measures and processes governing information technology and data user behavior. These cover areas such as access control, authentication, audit, monitoring, alarms, data storage and back up, transmission standards and environment integrity. We use reasonable endeavors to install and have appropriate security measures in place in our systems and facilities to protect against the loss, misuse or alteration of information that we have collected from you.You should be aware that no data transmission over the internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Sites or ClearMetal Platform, we cannot and do not guarantee the security of any information you transmit on or through the Sites or ClearMetal Platform, and you do so at your own risk. If you have any questions about the security of your Personal Information, you can contact us using the information provided in the How to Contact Us section below.
We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.
International Data Transfers
Your Personal Information may be transferred to and processed in countries other than the country in which you are a resident. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective). Specifically, our Sites and Services are hosted in the United States and our group companies and third-party service providers operate around the world.However, we have taken appropriate safeguards to require that your Personal Information will remain protected in accordance with this Privacy Notice.
The information that you provide or that we collect as a result of your interaction with the Website and/or your use of our services on the Website is transferred to the USA and/or to another country where we have engaged service providers. Some countries that are not located within the EU may be recognized by the European Commission as providing an adequate level of data protection. For transfers from the EU to countries not considered as adequate by the European Commission, we have put in place measures, including by ensuring that the recipient is bound by EU Standard Contractual Clauses, to protect your Personal Data.
ClearMetal also participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. ClearMetal is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce at: https://www.privacyshield.gov/welcome.
ClearMetal is responsible for the processing of personal data it receives, and subsequently transfers to a third party acting as an agent on its behalf. ClearMetal complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, ClearMetal is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, ClearMetal may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at JAMS at: https://www.jamsadr.com. Under certain conditions, more fully described on the Privacy Shield website, at: https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Legal Basis for Processing Personal Information (EEA Visitors Only): If you are a visitor from the EEA, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it. However, we will normally collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, or for more details on our legitimate interests, please contact us using the contact details provided in the “How to Contact Us” section below.
See the section below entitled “Identifying the Data Controller and Processor/Service Provider.” In most cases ClearMetal is acting on the instructions of its Clients, who determine the legal basis for processing.
We will retain your information for as long as your account is active or where we have an ongoing business need to do so (for example, to comply with applicable, legal, tax, or accounting requirements). We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
When we have no ongoing legitimate business need to process your Personal Information, we may either delete or deidentify it, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
Identifying the Data Controller and Processor/Service Provider
Some jurisdictions differentiate between a “controller” and a “processor”/”service provider” of information. Typically, a Client is the controller of Client Data. ClearMetal is typically the processor/service provider of Client Data (e.g., data provided via the ClearMetal Platform) and the controller of other information (e.g., information provided to us via the Sites).
Individuals who seek access, or who seek to correct, amend, or delete inaccurate Client Data should direct their queries to the ClearMetal Client (the data controller). If you are a customer or employee of one of our Clients and would no longer like to be contacted by one of our Clients that uses the ClearMetal Platform, please contact the Client that you interact with directly. If our Client requests that ClearMetal remove data, we will respond according to appropriate data protection laws.
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to use some of our features.
Cookies: You can accept or reject cookies for our websites through our cookie settings within our Site. You can also do so by adjusting your web browser controls.
Marketing Communications: You can opt-out of receiving promotional or marketing communications from us at any time by using the unsubscribe link in the email communications we send. To opt-out of non-email forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided in the “How to Contact Us” section below. If you set up an account on our Site or for the ClearMetal Platform, we will still send you non-promotional communications like service-related emails.
Upon request ClearMetal will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. You can always review, correct, delete, or update your Personal Information by changing the relevant settings in your ClearMetal account or by emailing us at the address provided below. We will respond to your request at the latest within a month.
California Residents: The California Consumer Privacy Act (“CCPA”) allows California residents, upon a verifiable consumer request, to request access, in a portable and (if technically feasible) readily usable form, to certain items and categories of Personal Information that we have collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with California law, if you choose to exercise your rights, we won’t treat you negatively for making such a request. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification.
We do not sell Personal Information to third parties. We do not allow third parties to collect Personal Information through our Sites or share Personal Information with third parties for any business purposes other than to provide you the services of our Sites.
EEA Residents: If you reside in the EEA and would like to access, review, update, rectify, object to processing, or request portability or deletion of any Personal Information for which ClearMetal is the controller, or exercise any other data subject right available to you under the under the EU General Data Protection Regulation please contact us through firstname.lastname@example.org.
Similarly, if we have collected and process your Personal Information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
We respond promptly to all requests we receive from individuals wishing to exercise their data protection rights, and at the latest within a month.
You also have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA, Switzerland, and certain other countries (including the US) are available here at: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
Please note that we may still use any aggregated and deidentified Personal Information that does not identify any individual, and may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
As described above, in situations when Personal Information has been collected by a Client that has contracted with us for use of the Services, you should contact the Client directly to exercise your data protection rights, and refer to their separate privacy notices.
Privacy Notice Changes
From time to time, we may change this Privacy Notice. When we do, we will take appropriate measures to inform you if necessary, consistent with the significance of the changes we make. For example, we may give you or our Client notice by posting the revised Privacy Notice on the Sites prior to the change becoming effective.
Any changes will go into effect on the effective date shown in the revised Privacy Notice. You can see when this Privacy Notice was last updated by checking the “Effective Date” at the top of this Privacy Notice.
Please print a copy of this Privacy Notice for your records.
How to Contact Us
If you have questions or concerns about our use of your Personal Information, please contact us at:
400 Montgomery Street, Suite 2
San Francisco, CA 94111
For General Inquiries:
For the purposes of EU and California data protection legislation, the data controller of your Personal Information is:
· ClearMetal Inc. if you are a visitor to the Sites
· The relevant Client if you are a user of the ClearMetal Platform