CLEARLINK GDPR PRIVACY POLICY

 

The purpose of this Privacy Policy (“Policy”) is to give you a summary of the ways in which Clear Link Technologies, LLC (“Clearlink”), a wholly owned subsidiary of Sykes Enterprises, Inc. collects, maintains, and uses your information. Please feel free to contact us by email at privacyrequest@clearlink.com or by mail at Clear Link Technologies, Privacy Department, 5202 W. Douglas Corrigan Way, STE 300, Salt Lake City, Utah 84116 with any questions or concerns about this Policy or the information we gather about you.

 

This Policy applies to the collection, use, and disclosure of personal data by Clearlink. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

CHANGES TO OUR PRIVACY NOTICE

 

We reserve the right to amend this Policy from time to time consistent with the Privacy Shield’s requirements. Any changes we make to our Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Policy.

WHO WE ARE AND WHAT WE DO

 

Clearlink collects Personal Data as you use our websites, contact our customer service representatives, fill out online order forms or information request sheets, and provide your information to our sales agents. We use cookies and pixel tags to track your usage of our websites. We also use online order forms and information request sheets to obtain information from you necessary to process your orders and provide you with requested information. When you call the numbers on our websites and speak with our customer service representatives, we record and collect information provided during the call to ensure the best quality of service and the correct processing of your orders.

We collect information about you to carry out our core business and ancillary activities.

SPECIAL NOTICE REGARDING CHILDREN

 

Our Sites are not designed for, nor do we knowingly collect, personal information from children under the age of 13. If you are under 13 years of age, please do not provide your personal information to us.

INFORMATION YOU GIVE TO US OR WE COLLECT ABOUT YOU

 

This is information about you that you give us by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. Clearlink collects various types of Customer Information. A summary of the types of information that we collect is set forth below:

Customer Contact Information. Your Customer Contact Information is any information needed to contact you and fulfil your orders and requests such as your name, address, phone number, fax number, and email address.

Private Customer Information. Private Customer Information is that information that may be necessary to check credit and process payments. Such information includes your Social Security Number, credit card information, and banking and wiring information.

Customer Order Information. Customer Order Information is that information necessary to complete your orders and requests for information. Such information may include your Customer Contact Information, programming and packaging selections, your billing and shipping information, as well as other details pertaining to your order of products and services through us.

Demographic Information. Demographic Information is publicly available information that we may learn about you regarding such things as your age, income, home ownership, household size, etc. that helps us to provide you with better offers for products and services.

INFORMATION WE COLLECT ABOUT YOU WHEN YOU VISIT OUR WEBSITE

 

This site uses proprietary analytics systems to help improve usability and the customer experience. With regard to each of your visits to our site we will automatically collect the following information: technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information if applicable, browser type and version, browser plug-in types and versions, operating system and platform, information about your visit, including the full Uniform Resource Locators (URL), clickstream to,  through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as mouse clicks, mouse movements, scrolling activity), methods used to browse away from the page, other non-personally identifiable behavioral and non-behavioral information and any phone number used to call our customer service number.

 

You can choose to disable some of these features by electing to use the private browser setting and/or disabling javascript. Note, that doing so will disable other features that this site may employ.

PURPOSES OF THE PROCESSING AND THE LEGAL BASIS FOR THE PROCESSING

 

We use information held about you in the following ways:

 

To carry out our obligations arising from any contracts we intend to enter into or have entered into between you and us and to provide you with the information, products and services that you request from us or we think will be of interest to you because it is relevant to you.

 

To provide you with information about other goods and services we offer that are similar to those that you have already purchased, been provided with or enquired about.

 

The core service we offer to our website visitors is providing requested information on their selected products and services.

 

Our legal basis for the processing of personal data is your legitimate business interests, described in more detail below, although we will also rely on contract, legal obligation and consent for specific uses of data.

 

We will rely on contract as a lawful basis for processing your data where there is a formal sales agreement in place

 

We will rely on legal obligation if we are legally required to hold information on to you to fulfil our legal obligations.

 

We will in some circumstances rely on consent for particular uses of your data and you will be asked for your express consent, if legally required.  Examples of when consent may be the lawful basis for processing include permission to contact you about related products you may be interested in.

OUR LEGITIMATE BUSINESS INTERESTS

 

Our legitimate interests in collecting and retaining your personal data is described below:

 

Contacting you with information and pricing on products and services that you have explicitly requested from us or from our named third parties. By providing your contact information, including your telephone number, on this Web site, you are expressly granting us permission to contact you to provide the information you have requested even though you may have previously chosen to have your telephone number added to any Do-Not-Call List including lists maintained by us, or any local, state or federal government agency. In addition, your state may have laws that prevent us from calling you on your mobile/cellular telephone. If you use a mobile/cellular telephone as your primary means of communication, please call us toll-free in the U.S. and Canada at 855-586-5399.

 

For persons outside of the EU, contacting you with regards to products and services we feel may be of interest to you and sharing your data with respective third-party organisations.

CONSENT

 

Should we want or need to rely on consent to lawfully process your data we will request your consent orally, by email or by an online process for the specific activity we require consent for and record your response on our system.  Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time.

 

To opt out from receiving further email communications from us regarding other offers and promotions, you may click the unsubscribe link in the email footer, email us at privacyrequest@clearlink.com or write to Clear Link Technologies, LLC, Privacy Department, 5202 W. Douglas Corrigan Way, STE 300, Salt Lake City, Utah 84116. Additionally, you may opt-out by visiting the website at https://clearlink.com/unsubscribe.

OTHER USES WE WILL MAKE OF YOUR DATA

 

• use of our website;
• to notify you about changes to our service;
• to ensure that content from our site is presented in the most effective manner for you and for your computer.

 

We will use this information:

 

• to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
• to allow you to participate in interactive features of our service, when you choose to do so;
• as part of our efforts to keep our site safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
• to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

 

We do not undertake automated decision making or profiling.

COOKIES

 

This website uses cookies. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. You consent to our cookies if you continue to use our website.

 

Cookies are small text files that can be used by websites to make a user’s experience more efficient.

 

The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission.

 

This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.

 

You can at any time change or withdraw your consent from the Cookie Declaration on our website. To opt-out of anonymous third-party advertising cookies, visit the Network Advertising Initiative website, click here.

 

DISCLOSURE OF YOUR INFORMATION INSIDE AND OUTSIDE OF THE EEA

 

All of your Customer Information is necessary to process your orders and requests and to provide you with the products and services you desire. We may share your Customer Information with third parties to complete your purchases of products and services as described below. In addition, your Customer Information may be used and shared in an effort to present to you other special offers and promotions that may become available. The extent to which we use and share your Customer Information depends upon the nature of and purpose for which we use and share it. A summary of how we share your Customer Information with third parties is set forth as follows:

With any member of our group both in the EEA and outside of the EEA.

With Third Party Product and Service Providers. We share your Customer Information, as needed, to the third parties who provide the products and services you request. We frequently act as a third-party marketer and seller of various brand name products and services, and we provide these companies with the information necessary to carry out your orders. How these companies use your Customer Information, once we have passed it on to them, is governed by their respective privacy policies and procedures.

With Third Party Advertisers. Although we never share your Private Customer Information with any third parties, except with the Third-Party Product and Service Providers described above, we may share other types of your Customer Information with third party advertisers who are able to use that information to provide you with special offers or promotions. The ways in which such advertisers may subsequently use your Customer Information is governed by their own privacy policies and procedures. You may opt out from having us share your Customer Information with Third Party Advertisers by following the steps in the next section.

With Third Party Cookies. We allow third-parties to collect anonymous information when you visit our website and to use that information to serve ads for our products or services when you visit the other websites. These third-parties may use anonymous information (e.g., navigational, non-personally identifiable information, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, etc.) during your visits to our website in order to provide advertisements about our goods and services likely to be of interest to you. These parties may use a cookie or a third-party web beacon, or other technologies, to collect this information.

 

We will also disclose your personal information to third parties:

 

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
• If Clearlink sells all or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any valid requests by public authorities or to meet national security or law enforcement requirements, or legal obligation, or in order to enforce or apply our Policy and other agreements; or to protect the rights, property, or safety of Clearlink, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

 

The lawful basis for the third-party processing will include:

 

• Their own legitimate business interests in processing your personal data, in most cases to fulfil their internal resourcing needs;
• satisfaction of their contractual obligations to us as our data processor;
• for the purpose of a contract in place or in contemplation;
• to fulfil their legal obligations.

 

CLEARLINK PRIVACY SHIELD STATEMENT

 

Clear Link Technologies, LLC (dba Portent and buyCalls, collectively Clearlink) complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries transferred to the United States pursuant to Privacy Shield.  Clearlink has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

 

Clearlink recognizes that the EU and Switzerland established strict protections regarding the handling of Personal Data, including requirements to provide adequate protection for Personal Data transferred outside of the EU and Switzerland, respectively. To provide adequate protection for certain Personal Data relating to website visitors, customers, prospective customers, partners, vendors, third party suppliers and contractors that Clearlink receives in the U.S., Clearlink has elected to self-certify to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks administered by the U.S. Department of Commerce (“Privacy Shield”). Clearlink adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. We may be liable in cases of onward transfers to third parties.

 

For purposes of enforcing compliance with the Privacy Shield, Clearlink is subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission. For more information about the Privacy Shield, see the U.S. Department of Commerce’s Privacy Shield website located at https://www.privacyshield.gov.

 

QUESTIONS OR COMPLAINTS

 

In compliance with the Privacy Shield Principles, Clearlink commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Clearlink at privacyrequest@clearlink.com. Clearlink has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your Privacy Shield complaint from us, or if we have not addressed your Privacy Shield complaint to your satisfaction, please contact or visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint. The services of JAMS are provided at no cost to you.

 

BINDING ARBITRATIONS

 

You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have first taken the following steps: (1) raised your complaint directly with Clearlink and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the U.S. Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see U.S. Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration) at http://ec.europa.eu/justice/data-protection/files/annexes_eu-us_privacy_shield_en.pdf.

 

WHERE WE STORE AND PROCESS YOUR PERSONAL DATA

 

The data that we collect from you will be transferred to, and stored at, a destination outside the European Economic Area (”EEA”). It may be transferred to third parties outside of the EEA for the purpose of our services. It will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes staff engaged in, among other things, our recruitment services and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. Clearlink will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.

 

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

 

Clearlink maintains reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

RETENTION OF YOUR DATA

 

We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate business interests and that you are happy for us to do so.  Accordingly, we have a data retention notice and run data routines after 3 years of no activity to remove data that we no longer have a legitimate business interest in maintaining. Aggregated data may persist for trending purposes after the 3-year retention has expired.

 

We do the following to try to ensure our data is accurate:

 

When contacting you we check that we have accurate information about you.

 

We segregate our data so that we keep different types of data for different time periods.  The criteria we use to determine whether we should retain your personal data includes:

 

• the nature of the personal data;
• its perceived accuracy;
• our legal obligations;
• relevancy or freshness of the data.

 

We may archive part or all of your personal data or retain it on our financial systems, deleting all or part of it from our main Customer Relationship Manager (CRM) system. We may pseudonymise parts of your data, particularly following a request for suppression or deletion of your data, to ensure that we do not re-enter your personal data on to our database, unless requested to do so.

 

For your information, Pseudonymised Data is created by taking identifying fields within a database and replacing them with artificial identifiers, or pseudonyms.

 

Our current retention notice is available upon request.

YOUR RIGHTS WITHIN THE EUROPEAN UNION

 

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes and we will collect express consent from you if legally required prior to using your personal data for marketing purposes.

 

You can exercise your right to accept or prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at  privacyrequest@clearlink.com, Clear Link Technologies, Privacy Department, 5202 W. Douglas Corrigan Way, STE 300, Salt Lake City, Utah 84116, USA

 

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

WITHIN THE EUROPEAN UNION, THE GDPR PROVIDES YOU WITH THE FOLLOWING RIGHTS

 

To:

 

• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party in certain formats, if practicable.
• Make a complaint to a supervisory body which in the United Kingdom is the Information Commissioner’s Office. The ICO can be contacted through this link:  https://ico.org.uk/concerns/

ACCESS TO INFORMATION – PERSON WITHIN THE EU

 

You have the right to access the Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your Personal Data, you can submit a written request to privacyrequest@clearlink.com or to the contact information provided below. We may request specific information from you to confirm your identity. If your Personal Data was provided to us by one of our retailers, we may facilitate your access to such data by directing you to the retailer that provided your data to us.

CONTACT

 

If you have any questions about this Policy or would like to request access to your Personal Data please contact us as follows:

Clear Link Technologies, LLC

Attn: General Counsel

5202 W. Douglas Corrigan Way

Suite 300

Salt Lake City, UT 84117

USA

 

+1 (801) 424-0018

Privacyrequest@clearlink.com

FAX: +1(801) 424-0019

 

Effective Date May 21, 2019