CLEERLY PRIVACY NOTICE
Last updated: October 16, 2023
This Privacy Notice describes how Cleerly, Inc. (“Cleerly,” “us,” or “we”) collects, uses, and shares your personal information when you visit our website at https://cleerlyhealth.com, or its affiliated and successor sites (the “Site”), and when you use our products and services, including our application intended for use by providers of cardiovascular services (“Application” and together with the Site and our other products and services offered through the Site, the “Services”).
For the additional privacy practices that apply to our customers who use the Application as healthcare providers, imaging centers, or healthcare referral partners (“Customers”), please go to the section of this Privacy Notice entitled “Privacy Notice Supplement for Our Customers”.
In this Privacy Notice, we use the term “Personal Information” to refer to information we gather that could be used to identify you and any information we gather concerning your use of the Services. We also collect non-personal information, which is information that does not reveal your specific identity or from which your identity has been redacted, through your use of our Services.
We may modify or update this Privacy Notice from time to time. If we make changes, we will notify you by revising the date at the top of the notice and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage). Changes to this Privacy Notice are effective from the date on which they are posted. We encourage you to review the Privacy Notice whenever you access the Site, use our Services or otherwise interact with us to stay informed about our privacy practices.
Our Services are intended for access and use by users that reside within the U.S. and its Territories. If you are not a resident of the U.S. or its Territories, you should not attempt to access or use our Services. If you do not agree with our policies and practices, you should not access or use our Services. By accessing or using our Services, you agree to this Privacy Notice.
Information We Collect
How we collect and store information depends on your relationship with us, for example, whether you visit the Site only or whether your healthcare provider is our Customer and we receive information from them as described below.
Information You Provide To Us
We collect information that you provide to us, like your name, email address and phone number, including information that you provide when you participate in any interactive features of the Services (like send a message through the Site about your interest in our devices or other products or services or related to the use of one of our devices), fill out a form, apply for a job, request customer support, or otherwise communicate with us; and in the case of users interested in Cleerly’s services and partnership with third parties like Heartbeat Health, Inc., information you may upload or provide to us regarding your status of medical insurance coverage.
When you access or use the Services, we automatically collect information about you, like data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, mobile device information like device and application identifiers, pages visited, and location (depending on the permissions you have granted us). We also collect internet or other electronic network activity information like data relating to your browsing of our site or other sites that is collected through various technologies such as pixel tags and cookies).
Information We Process on Behalf of Our Customers When they Use the Application
Our Application allows our Customers to access and use our web-based software application intended for use by trained medical professionals in viewing and analyzing cardiac computed tomography (“CT”) data, obtained using any CT scanner, for (i) measuring and visualizing coronary arteries and determining the presence and extent of coronary plaques and stenosis in patients and/or (ii) estimating the likely presence or absence of ischemia who have undergone Coronary Computed Tomography Angiography for assisting evaluation of coronary artery disease (“CAD”) or suspected CAD. When Customers use our Application, they may collect Personal Information such as name, date of birth, email address, physical address, phone number, and including sensitive personal information like health data. We call the information that our Customers submit or collect via the Application ‘Customer Content’ under our Master Services Agreement with our Customers.
We will not collect, use or disclose any Customer Content other than as permitted by you, this Privacy Notice, as required by law, or in accordance with additional applicable written agreements (e.g., a Business Associate Agreement (BAA) as specified in the Health Insurance Portability and Accountability Act (HIPAA)) that govern our use and disclosure of Customer Content. In the event of any inconsistency between the terms of any applicable written agreement such as the BAA and this Privacy Notice, the terms of the written agreement will prevail.
We do not control the Personal Information or Customer Content that our Customers may collect or submit using the Application. We store our Customers' information on our service providers' servers but process it as a processor based on our Customers’ instructions and in accordance with our Master Service Agreements and BAAs with our Customers, which prohibit us from using the information except as necessary to provide and improve the Application and as required by law. Our Customers control and are responsible for correcting, deleting or updating the Customer Content they process using the Application and for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to transferring the Customer Content to Cleerly for the purposes described in this Privacy Notice.
How We Use Your Information
We use the information we collect to:
- Provide, maintain and improve the Services;
- Respond to your comments, questions, and customer service requests;
- Send you information regarding our Services, including updates and newsletters (see Your Rights and Options Regarding Your Personal Information below for information about how to opt out of these communications at any time);
- Send you technical notices, updates, security alerts, and support and administrative messages;
- Consider your application for employment if you have applied for a job with us;
- Monitor and analyze trends, usage, and activities in connection with the Services;
- Debug to identify and repair errors that impair existing intended functionality;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and protect the rights and property of Cleerly and others;
- Comply with laws, regulations, and legal processes; and
- In connection with research and development activities.
We never sell your personal information. We do not share your personal information except in the following limited circumstances:
- With service providers, business partners and corporate affiliates as needed to provide the Services and operate our business, who process it for us, based on our instructions, and in compliance with this notice and any other appropriate confidentiality and security measures. These providers, partners and affiliates provide us with business services including data hosting and warehousing, data analysis, information technology customer support, and insurance reimbursement appeal services;
- With law enforcement, a court, a regulator, a government authority or other third party where we believe it is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party;
- With affiliates within our corporate group;
- In connection with an asset sale, merger, bankruptcy, or other business transaction;
- With any other party with your consent or at your direction.
Your Rights and Options Regarding Your Personal Information
You can request to access, change, or delete certain Personal Information by contacting us using one of the methods listed below. Once we verify your request, we will accommodate your request as required by applicable law. We may preserve data for legal reasons or to prevent harm, including as described in How We Use Your Information above.
If you are a patient or interact with a Cleerly Customer that uses our Application and would like to access, correct, amend or delete your data controlled by the Customer, please contact the relevant Customer directly. Cleerly acts as a processor for our Customers and will work with our Customers to help fulfill these requests when applicable.
You may unsubscribe from receiving promotional emails and newsletters from us by following the instructions in those emails. If you unsubscribe, we may still send you non-promotional emails, such as those about our ongoing business relations.
We do not currently respond to “do not track” signals from browsers. If you block cookies, certain features on our Site may not work.
If you live in certain jurisdictions, you may have a number of legal rights with respect to your information. If you need further assistance regarding your rights, please contact us and we will consider your request in accordance with applicable laws.
Retention of Personal Information
We generally retain records only as long as necessary, and as required for our business operations, for archival purposes, and/or to satisfy legal requirements. When determining the appropriate retention period for Personal Information, we take into account various criteria, such as the amount, nature, and sensitivity of the Personal Information; potential risk of harm from unauthorized use or disclosure; purposes for which we process your Personal Information; whether we can achieve those purposes through other means; and business operations and legal requirements.
Analytics and Advertising Services Provided by Others
Our Services are not intended or targeted at children under 16 years of age, and we do not knowingly or intentionally collect Personal Information from or about children under 16. If you are under 16, do not use or provide any information to our Services. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete it. If you believe that we have collected Personal Information about a child under 16, please contact us using the contact information at the end of this notice so that we may delete the information.
Privacy Rights of California Residents
Under the California Consumer Privacy Act and the California Privacy Rights Act (together, the “CCPA/CPRA”), and their respective amendments and implementing regulations, California residents are afforded certain privacy rights. If you are a California resident, subject to certain limitations, you have the following rights concerning your Personal Information:
- Right to Know. You have the right to access the specific pieces of Personal Information collected about you, the sources from which such information was obtained, the categories of information that have been sold or disclosed for a business purpose, and the commercial purpose for which the information was collected or sold. We describe our practices in the Categories Of Information We Collect, Use, And Disclose For Business Purposes below.
- Right to Deletion. You have the right to request that we delete any of the Personal Information we have collected or maintain about you. We describe our practices in Your Rights and Options Regarding Your Personal Information.
- Right to Rectification and Correction. You have the right to rectify and correct inaccuracies in your Personal Information. We describe our practices in Your Rights and Options Regarding Your Personal Information.
- Right to Opt-out of Sales of Personal Information. You have a right to opt-out of the sale of your Personal Information, including cross-context behavioral advertising, and to opt-in again at your election. As described in this Notice, we do not sell your Personal Information.
- Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to opt-out of secondary uses and disclosures of your Sensitive Personal Information. We describe our practices in How We Use Your Information and Information Sharing.
- Right to Opt-out of Automated Decision-making. You have the right to opt-out to certain types of automated decision-making, subject to certain exceptions. We do not employ automated decision-making.
- Right to Non-Discrimination. You have a right to not be discriminated against in the event you exercise your other rights listed above. If you exercise these rights, we will not deny you goods or services, charge you a higher rate, or provide you with lower quality products.
Categories Of Information We Collect, Use, And Disclose For Business Purposes
As described in Information We Collect, we collect the categories of personal information listed below. We receive this information from you, your use of the Services, and as otherwise described in this notice. We use and disclose these categories of information for the business purposes described in How We Use Your Information, and Information Sharing. The categories are:
- Identifiers, like your name, email address, IP address, cookie ID, and other similar identifiers.
- Demographic information, such as your gender, age, health information, and physical characteristics or description, which may be protected by law.
- Commercial information, including any payment information and records of any products or services you purchased.
- Biometric information.
- Internet or other electronic network activity information, such as browsing history and interactions with our Services.
- Professional or employment-related information, if you applied for a job with us.
- Other information that you provide.
- Inferences drawn from any of the above.
Exercising Your Rights Under The CCPA/CPRA
You, or an authorized agent, may exercise your rights by submitting a request to firstname.lastname@example.org. The CCPA/CPRA allows for one disclosure request per 12-month period at no cost to you. For subsequent requests, we may charge a fee if we determine that the request is excessive, repetitive, or manifestly unfounded, but will not do so without providing you with a cost estimate before processing your request.
We respond to and process requests promptly and within the timeframes required by the CCPA/CPRA. Please note that all requests are subject to proper prior verification before processing, as required by the CCPA/CPRA. If your disclosure request pertains to Customer Content, please contact the Customer directly.
If you are the authorized agent of an individual making a request, you may have to take additional steps to verify your identity and demonstrate that you can exercise the individual’s rights on their behalf.
Sale Of California Resident Personal Information
We do not sell your personal information, and we do not share your personal information except in the limited circumstances described above. We do work with partners who provide us with advertising services as described in the Analytics and Advertising Services Provided By Others section.
Because we do not sell your personal information, we state that we have no actual knowledge that we sell the personal information of minors under 16 years of age.
Third Party Websites and Links
Information Security and Storage
We take reasonable steps to your personal information. We implement technical and organizational measures to protect the personal information we process. These measures are aimed at ensuring the ongoing integrity and confidentiality of personal information. We evaluate these measures on a regular basis to ensure the security of the processing. However, no method of transmitting or storing data is completely secure, and we cannot guarantee security for data collected over the Internet or any other public network.
If you have questions or concerns regarding the way in which your personal information has been used, please contact us at email@example.com
Privacy Notice Supplement for Our Customers
Before any accounts can be fully activated, Customers must agree to the Master Services Agreement and/or Terms & Conditions and register each Authorized User within Customer’s organization. “Authorized Users” means users affiliated with Customer who are authorized to access Cleerly’s Application.
Information We Collect
By registering for and accessing our Application, you are consenting to our collection, maintenance, use, disclosure, and processing of information about you and the Authorized Users in the organization you represent. In order to provide the Application, we collect, use, disclose, and maintain information that includes the Personal Information of Authorized Users. We will only use, disclose, process and maintain this Personal Information according to our Master Services Agreement, Terms & Conditions, Business Associates Agreement, this Privacy Notice or as required by law.
We collect several types of information from and about you and your Registered Users through the use of our Services, specifically Personal Information by which you or your Authorized Users may be personally identified, including but not limited to, name, e-mail address, IP address, device information, browser statistics, timestamps of activity, systems and performance tracking information.
How We May Use and Disclose Personal Information of Customers
We will use the Personal Information that is provided through the registration process to verify the credentials that were provided about each Authorized User to confirm that the information that was provided is accurate, correct, and up-to-date. Cleerly will also use Customer information to provide the Service; to send administrative information, including information regarding our Services; and provide you with related customer service; as necessary or appropriate under applicable law or to comply with legal processes; to respond to requests from government authorities; to enforce our terms of service; to protect our operations or those of any of our affiliates; to protect our rights, privacy, safety or property, or that of our affiliates, you or others; or to allow us to investigate a security incident or breach of our IT systems and to pursue available remedies or limit the damages that we may sustain.
We may share Customer Personal Information with service providers that we collaborate with or hire to perform services on our behalf and in accordance with our instructions. We may also use your and your Authorized Users’ Personal Information along with de-identified or aggregated patient information to perform analytics and to gather insights that will help improve the user experience. We may also share your connection and site usage details (such as the equipment you use to access our data and access records) with service providers to improve the Services.
If you have any concerns, you may contact us at firstname.lastname@example.org.