Lawyers get paid to write contracts. Contracts designate rights and responsibilities but are incredibly boring to read. We have attempted to make the legal terms more interesting visually and easy enough to read.
ClearOPS supports privacy by default. This Privacy Statement describes the actions we (“ClearOPS” or “we” or “us” or “our”) take as a business to use your private information and protect your privacy. This Privacy Statement also provides information that permits you to take actions to protect your own privacy. This Privacy Statement applies to submissions of your information to us through the website as well as when you use our services. We are NOT self-certified on the Privacy Shield list. We DO NOT publish a separate GDPR notice. We DO host our own email, so if you send us an email, it is not also accessible by a third party provider on our side. However, we will use an email marketing service and will update this notice when we find one that appropriately protects your contact information. We DO have a valid SSL certificate for our website, so that any information you send from the website to us is encrypted in transmission. Check out our rating (note, this link is to a third party) https://www.ssllabs.com/ssltest/analyze.html?d=clearops.io. We DID use a third party, called Clearops, to create this website, but we downloaded the files and are serving them to you from our own infrastructure. We know their code that they provided to us does link back to third party providers for things like fonts and display for this website (which you can see if you right click on the website and inspect it).
When you visit the website, we use a service called Webalizer that collects certain information about you, such as your IP address and the requests you made to our website. If you fill out a form on our website and the form requests your identifiable information and then you press submit, we are collecting that information through a third party service provider (Mailchimp). If you upload a questionnaire, policies, or other documents to our services, then we collect and store the information contained within those documents and we also analyze them for improvements and enhancements to our services. If you use our tools to respond to questions in documents uploaded to our services, then we collect and store that information and also analyze it for improvements and enhancements to our services.
We collect your personal data to sell or provide our services to you. If you fill out and then send us a filled out web form, we use the data you provide to contact you to sell you our services or for whatever purpose you filled out the form. If you send us a login and password to access our application, then we collect that information to authenticate your access. We may need to use your personal data for other access and authentication, such as other dashboards and services we may provide in the future. If you are a business and you are concerned about the data we store on your behalf, you may request our deletion of such data at any time (although deleting questionnaire responses may result in poor functioning of the service).
We sort of answered this in the prior section, but just to confirm, we use your personal data to deliver the services to you or to communicate with you or to try to sell you our services (which is part of communicating, but we want to make sure you get the point). If you want to opt out, you always have that right. We believe in the right of opt in, so if you somehow were contacted by us and you did not opt in, please let us know because that is a serious issue for us @ firstname.lastname@example.org.
Who we share your personal data with and why. We do use service providers, such as AWS, so they have access to your data and you can read all about their security on their website. We use other service providers to help us with the operation of the business. Most importantly, we use Stripe for accounts receivable and so if you are a customer, your invoice information will be contained within our Stripe account. You also have the option to link your payment method to Stripe. Since we are not PCI compliant, we rely on Stripe for all payment data. If we take you out to dinner, your name may also appear in our accounting software as part of the receipt (we happily disclose this list but we keep it confidential to protect against targeted attacks). We also use LinkedIn for sales prospecting. Eventually, we may use other tools and we intend to update this statement when we do. We do comply with law and any valid legal requests, such as subpoenas etc. We will seek to contact you first if the subpoena or other legal request pertains to your personal data and we will also seek to limit the scope of any response. If we are unable to reach you by the deadline, then we may share your personal data without your knowledge. We are sorry about that, but you just need to check your email or listen to your voicemails or respond to the LinkedIn connection or whatever other method of contact we have for you. We may also disclose your personal information if we believe it is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of ClearOPS, our customers, users, employees, or others. We reserve the right to sell the company. In that case, we may sell, transfer or otherwise share some or all of our assets, including your information, whether personally identifiable or not, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Retaining your information If you are a customer, you have control over the information you provide to us and may delete it or transfer it to another provider at any time. However, we will still retain some information about you such as the original contracts between you and us, payment history, invoice history, performance metrics, emails, texts and case studies on your use of our services. We may also retain copies of your documents, questionnaires etc. in our backups until the backups are purged. Contact us at email@example.com for more information or to discuss options.
Children, International Users Our website is not targeted at children and we don’t know why any child would be interested in our website or services. We are aware that those outside of the United States may be interested in our services. Under GDPR, we are considered a controller since the information we collect is our customer’s business information. If you do reside outside of the United States, all our databases are located in the United States.
Changes to this Privacy Statement We are a young company and our services will be changing and, for that reason, so will this privacy statement. Since we are an opt in company, we will only send you emails about changes if you send us an email opting in to firstname.lastname@example.org. Otherwise, we will post changes on the website. If you want to know specifics about the changes, you may also email us at email@example.com.
For purposes of this License Agreement (the "Agreement"), the term "Services," "Products" or "Software" shall refer to any proprietary offering of ClearOPS.
ACCOUNT. As part of the registration
process, ClearOPS will provide to its customer who agrees to the legal terms contained herein ("Customer") a user name (which may be the user’s
corporate email address) and password.
ClearOPS and Customer acknowledge that the term “personal information”
as defined by the General Data Protection Regulation and the California
Consumer Privacy Act and similar laws refers to data about individuals. As
such, ClearOPS does not collect personal information from Customer except
Customer’s employees’ account information (such as username, password, usage
data or customer service communications) or to provide contact information in
information provided by Customer in this Agreement is the personal information
identified in the preceding sentence, data about Customer’s privacy and
cybersecurity operations, questionnaires and data about Customer’s vendors (“Customer
data”). Other than Customer’s data and account/ contact information,
ClearOPS does not require any other customer data or any other confidential
information of Customer.
 ClearOPS shall not: (a) sell the personal information; (b) retain, use or disclose the personal information for any purpose other than for the specific purpose of performing the Services; (c) retain, use, or disclose the personal information for a commercial purpose other than providing the Services; or (d) retain, use, or disclose the personal information outside of the direct business relationship between Customer and ClearOPS ClearOPS certifies that it understands these restrictions and will comply with them.
RESTRICTIONS. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, copy, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by ClearOPS or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
ClearOPS may offer to Customer new products or services that are not generally available to the public (the “Private Release”). Customer may accept or decline any such Private Release in its sole discretion. Any Private Release will be designated as alpha, beta, pilot, limited release, developer preview, non-production or other pertinent description. A Private Release is provided for evaluation purposes only and not for production use, is not supported, may contain bugs or errors and may be subject to additional terms. ClearOPS may discontinue any Private Release at any time in its sole discretion. ClearOPS owns all right, title and interest in and to all Private Releases.
OWNERSHIP; LICENSES. ClearOPS shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the Services, Software or support, and (c) all intellectual property rights related to any of the foregoing. Customer shall own and retain all right, title and interest in and to (a) the Customer data, and (b) its personal information. During the term of the Evaluation Period, Customer hereby grants ClearOPS and its successors a limited, revocable, worldwide royalty-free, nonexclusive right and license to use Customer data for the purpose of providing the Software and Services to Customer. Customer also grants ClearOPS and its successors a perpetual, irrevocable, worldwide royalty‑free, nonexclusive, sublicensable right and license to use de-identified or anonymized question-data for the purpose of improving the Services and Software.
FEEDBACK DATA. During the course of this Agreement, ClearOPS may seek Customer’s feedback about the Services and has the right to collect and analyze such feedback. All feedback is provided at the sole discretion of Customer. ClearOPS shall be entitled (during and after the term hereof) to (i) use such feedback to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other ClearOPS offerings, and (ii) disclose such feedback solely in aggregate or other de-identified form in connection with its business. For purposes of this Agreement, feedback does not and will not include any personal information unless expressly authorized.
INDEMNITY; REPRESENTATIONS. Customer
represents, covenants, and warrants that Customer will use the Services only in
compliance with Company’s standard published policies or documentation then in
effect (the “policies”) and all applicable laws and regulations. Customer hereby agrees to indemnify and hold
harmless ClearOPS against any damages, losses, liabilities, settlements and
expenses (including without limitation costs and attorneys’ fees) in connection
with any claim or action that arises from an alleged violation of the foregoing
or otherwise from Customer’s use of Services. Customer owns all right, title and interest, or
possesses sufficient license rights, in and to the Customer data as may be
necessary to permit the use contemplated under this Agreement and that ClearOPS’s
use of the de-identified or anonymized question-data is permitted under the
fair use doctrine (US) or the fair dealing doctrine.
DISCLAIMER. ClearOPS does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND CLEAROPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, CLEAROPS AND ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY AMOUNTS IN EXCESS OF HALF THE AMOUNT PAID FOR THE SERVICES.
the mutual covenants and promises set forth in this Agreement and for other
good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
A. References to “Confidential Information” mean all knowledge, information or materials whether of a technical, financial or legal nature or otherwise relating to the business or affairs of the Parties, including all materials prepared by or for the receiving Party which contain or reflect such knowledge, information or materials, which is provided or disclosed by the disclosing Party to the receiving Party and identified at the time of such disclosure as being confidential or which by its nature the receiving party should reasonably understand to be proprietary or confidential; provided that Confidential Information shall not include: i. information which the receiving Party can demonstrate was known to the receiving Party prior to disclosure by the disclosing Party without an obligation of confidentiality; ii. information which is in the public domain or which enters the public domain other than as a result of a breach of the receiving Party’s confidentiality obligations; or iii.information that the receiving Party independently develops or independently becomes aware of without access to or reliance on disclosing Party’s information.
B. The receiving Party agrees that it will at all times maintain the confidentiality of any Confidential Information communicated to it by or on behalf of the disclosing Party; provided that in the event the receiving Party becomes legally compelled (by deposition, interrogatory, requests for documents, subpoena, civil investigative demand or similar process) to disclose any of the Confidential Information, or the receiving Party determines that it is obligated by statute or governmental regulation to disclose any of the Confidential Information, the receiving Party shall provide the disclosing Party with prompt written notice of such requirement so that the disclosing Party, if possible, may seek a protective order or other appropriate remedy and in the absence of such protective order or other remedy, the receiving Party may furnish only that portion of the Confidential Information which it is legally required to furnish.
C. Confidential Information shall be disclosed by the receiving Party to its employees, directors, officers, advisors, attorneys, auditors and agents (together, “Authorized Agents”) only on a need-to-know basis in connection with the Parties consideration of doing business together, and each Authorized Agent to whom Confidential Information is disclosed shall treat such Confidential Information in a manner consistent with this Agreement. The receiving Party shall be liable for all acts and omissions of each person and entity to which the receiving Party discloses Confidential Information.
D. The receiving Party will indemnify and hold harmless the disclosing Party and its stockholders, directors, officers, employees, representatives and professional advisors from any damage, loss, cost or liability (including reasonable legal fees and the cost of enforcing this Agreement) arising out of the breach by the receiving Party of this Agreement. The receiving Party agrees and acknowledges that money damages may not be a sufficient remedy for any breach or threatened breach of the provisions of this Agreement by the receiving Party or any of its stockholders, directors, officers, employees, representatives or professional advisors and that the disclosing Party shall be entitled to seek equitable relief, including injunction and specific performance, as a remedy for any such breach. Such remedies are not the exclusive remedies for a breach by the receiving Party, but shall be in addition to all other remedies available at law or in equity to the disclosing Party. It is understood and agreed that no failure or delay of any Party in exercising any right, power or privilege hereunder shall operate as a waiver hereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
If any provision of these agreements are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these agreements will otherwise remain in full force and effect and enforceable. These agreements are not assignable, transferable or sublicensable by either party without the prior written consent of the other party. These agreements are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these agreements, and any waiver by either party must be in a writing signed by the affected party. No agency, partnership, joint venture, or employment is created as a result of these agreements and customer does not have any authority of any kind to bind ClearOPS in any respect whatsoever. All notices under these agreements will be in writing and will be deemed to have been duly given three days after submission, unless notice is sent by email where written acknowledgement of receipt is required. Any agreement between ClearOPS and you is or will be governed by the laws of the State of New York without regard to its conflict of laws provisions. This Agreement may be modified by ClearOPS at any time provied that we provide you with notice and a chance to opt out.