Last updated on January, 1st 2019
ClearSale LLC (“ClearSale”, “we”, “our” or “us”) has subscribed to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively, “Privacy Shield”). ClearSale adheres to the Privacy Shield Principles including the Supplemental Principles, (collectively, the “Privacy Shield Principles”) for Personal Data received from entities.
If there is any conflict between the terms in this Privacy Shield Policy and the Privacy Shield Principles as concerns the Personal Data received under the Privacy Shield, the Privacy Shield Principles shall govern to the extent of the conflict. To learn more about the Privacy Shield program visit www.privacyshield.gov, and to view our certification, please visit https://www.privacyshield.gov/list.
Privacy Shield Principles
1. and 2. Notice and Choice
If you are a Client, ClearSale may act as an agent for you in relation to the Personal Data that you provide or make available to ClearSale. ClearSale usually will not have a relationship with your Customers. Here, the Client is responsible for ensuring that Customers are provided with appropriate notice and choice with respect to their Personal Data.
In its role as a processor and as required by applicable law, ClearSale generally offers individuals the opportunity to choose whether their Personal Data may be (i) disclosed to third-party controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, ClearSale obtains opt-in consent for certain uses and disclosures of sensitive data. Consumers may contact ClearSale as indicated below regarding the ClearSale’s use or disclosure of their Personal Data. Unless ClearSale offers Consumers an appropriate choice, ClearSale uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
3. Data Integrity and Purpose Limitation
We only collect Personal Data that is relevant to providing our Services. We process Personal Data compatible with us providing the Services or as otherwise notified to you. We take reasonable steps to ensure that the Personal Data received under the Privacy Shield is needed for ClearSale’s Services, accurate, complete, and current.
4. Accountability for Onward Transfers
Except as permitted or required by applicable law and in accordance with ClearSale’s role as a controller or processor, ClearSale provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party controllers. ClearSale requires third-party controllers to whom it discloses the Personal Data of Consumers to contractually agree to (a) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant EEA/CH Consumer, (b) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (c) notify ClearSale and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
We may also need to disclose Personal Data in response to lawful requests by public authorities, for law enforcement or national security reasons, or when such action is necessary to comply with a judicial proceeding or court order, or when otherwise required by law. We not offer an opportunity to opt out from this category of disclosure.
5. Data Security
We use reasonable and appropriate physical, electronic, and administrative safeguards to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Data and the risks involved in processing that information.
6. Access to Personal Data
When ClearSale acts on behalf of its Clients, ClearSale will assist Clients in responding to individuals exercising their rights under the Privacy Shield Principles.
If you are a Customer of a Client, please contact the Client directly with your request to access or limit the use or disclosure of your Personal Data. If you contact us with the name of the Client to which you provided your Personal Data, we will refer your request to that Client and support them in responding to your access request.
7. Recourse, Enforcement and Dispute Resolution
If you have any questions or concerns, please write to us at the address listed below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data in accordance with the Privacy Shield Principles.
In the event we are unable to resolve your concern, you may contact BBB, which provides an independent third-party dispute resolution body based in Europe, and they will investigate and assist you free of charge. A binding arbitration option may also be available to you in order to address residual complaints not resolved by any other means. ClearSale is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (“FTC”).
If you have any questions regarding this Privacy Shield Policy, please contact us by email at email@example.com, or please write to the following address:
+1 (786) 888-4584
7300 Biscayne Boulevard, Suite 200
Miami, FL 33138
Changes to this Privacy Shield Policy