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This Privacy Policy applies to ClearHealthPass.com (“Site”) and describes the data and personal information Clear Health Pass Holdings, LLC (“CHP”) may collect from you or that you may provide when you visit the Site, and CHP’s practices relating to the collection, use, and sharing of this data. In the event CHP changes privacy practices, we may update this Privacy Policy. For the purposes of this Privacy Policy, unless otherwise noted, all references to CHP include ClearHealthPass.com and CHP.
CHP incorporates this Privacy Policy within the Terms and Conditions of the binding agreement between you and CHP found at ClearHealthPass.com/terms-and-conditions. By using the Site, you consent to the data practices described in this Privacy Policy.
Collection of your Personal Information
In order to respond to and report to public health authorities in connection with the COVID-19 public health emergency, public health authorities require CHP to collect and share certain personal information about you. In compliance with applicable laws, the personal information CHP may share with the public health authorities may include:
• Dates you took Clear Health Pass tests
• Location you took the test(s)
• Results from the test(s)
• Residential zip code
• State of Residence
• Date of Birth
CHP may also collect personally identifiable information, such as your:
• First and Last Name
• Mailing Address
• Email Address
• Phone Number
• Whether you are symptomatic, specific symptoms and date symptoms appear
The information we gather fulfills legal reporting requirements. CHP shares this information only with the applicable public health authorities using your residential address and Federal authorities, such as the Federal Department of Health and Human Services.
CHP uses smartphone functionalities in connection with providing services through the Site. For example, the Site uses the smartphone camera to verify test completion, analyze the results, and store related images. In addition, if you grant access to your location, CHP may collect location information using smartphone location services, which provide precise location data. In addition, the Site uses smart phone mobile numbers for account security using two-factor authentication. The Site uses your phone number to send you verification codes as a second factor for authenticating a login.
If you purchase CHP’s products and services, we will collect billing and credit card information. CHP will use this information to complete the purchase transaction.
Importantly, if you directly disclose personally identifiable information or personally sensitive data through CHP’s public message boards, other parties may collect and use this information without regard to this Privacy Policy, or commitments by CHP.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstake or contest sponsored by us or one of our partners: (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
CHP collects and uses your personal information to operate website(s) and deliver services you request.
CHP may use your personal information to:
• offer and provide information and services to you;
• communicate with you about, and administer your participation in, surveys, events, programs, newsletters, promotions, and other Site features;
• respond to and communicate with you about your inquiries and requests, and provide services, information, and products you request;
• send periodic emails to market and promote our products and services and for non-marketing or administrative purposes;
• Prevent risk and fraud; and,
• operate, test, evaluate and improve our business (including developing new products and services; enhancing and improving our services; managing our communications; analyzing our products; targeting advertising for our products; performing data analytics; and performing accounting, auditing, billing reconciliation, and collection activities and other internal functions). CHP may also use your personal information to inform you of other products or services available from CHP and its affiliates.
Sharing Information with Third Parties
CHP will not sell, rent, or lease customer lists to third parties. CHP may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e.g., e-mail, name, address, telephone number) is not transferred to the third party.
CHP may share data with trusted third-party service provider partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. CHP prohibits all such third parties from using your personal information except to provide support or services to CHP or comply with legal requirements, and CHP requires recipients to maintain the confidentiality of your information.
CHP may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served CHP or the Site; (b) protect and defend the rights or property of CHP; and/or, (c) act under exigent circumstances to protect the personal safety of users of CHP or the public. We reserve the right to transfer any information we have about you in the event on we sell, transfer, or merge all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).
Tracking User Behavior
CHP may keep track of the websites and pages our users visit within the Site, in order to determine what CHP services are the most popular. CHP uses this data to deliver customized content and advertising to CHP customers consistent with behavioral interest indicators of particular subject areas.
Automatically Collected Information
When you download, access, and use the Site, technology may automatically collect:
• Usage Details. When you access and use the Site, we may automatically collect certain details of your access to and use of the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
• Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number. For example, the App checks network connection and WiFi status to make sure it will function correctly, including saving your test results so that you can reference them later.
• Stored Information and Files. The Site also may access metadata and other information associated with other files stored on your device. Further, if you choose to upload a vaccine photo or file from your device, the App shall request access to your device’s external storage to access these files.
• Location Information. The Site collects real-time information about the location of your device.
CHP will use this information for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.
Use of Cookies
The Site may use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize CHP pages, or register with CHP site or services, a cookie helps CHP to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same CHP website, the information you previously provided can be retrieved, so you can easily use the CHP features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the CHP services or websites you visit.
Links
For your convenience, the Site may contain links to other websites. CHP is not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Children Under Thirteen
CHP will not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this Site.
E-mail Communications
From time to time, CHP may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our services, we may receive a notification when you open an email from CHP or click on a link therein.
External Data Storage Sites
CHP may store your data on servers provided by third party hosting vendors under separate contract.
Protecting Your Information
CHP taks reasonable and appropriate measures to protect your information from accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. CIP implements certain physical, administrative, and technical safeguards designed to protect the integrity and security of your information.
No methods used to transmit information via the internet or methods of data storage are completely secure. As such, although we do our best to reasonably protect your information, we do not guarantee the security of such information, or that unauthorized third parties may not access, disclose, alter, or destroy such data or information through a breach of any physical, technical, or administrative safeguards. Any transmission of information remains at your own risk. You agree that CHP is not liable for the unauthorized release of your information unless such release was the result of gross negligence or willful misconduct on the part of CHP.
Geographic Restriction
CHP intends this Site to comply with the laws and regulations of the United States of America. CHP makes no representations that our Site is appropriate or available for use in any location outside of the United States. If you reside in another country or access the Site from outside of the United States, please note that your transfer of data to the United States of America will not provide the same data protection as the laws as the European Union and other regions.
Privacy Notice for California Residents
This Privacy Notice for California Residents supplements the information contained in the balance of our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
CHP collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device (“personal information”). Personal information excludes:
• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like: health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and, personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
• We obtain categories of personal information listed above from the following sources: directly from you (from forms you complete, applications you submit and documentation and information you provide); and, indirectly from you(from observing your actions on our Site); and, from third parties, such as business partners.
Use of Personal Information
CHP may use, share, or disclose the personal information we collect for one or more of the following purposes:
• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to in connection with an application for or other document, or ask a question about CHP products, we will use that personal information to respond to your inquiry. If you provide your personal information to subscribe to a service, we will use that information to process your request and facilitate delivery. We may also save your information to facilitate
New transactions.
• To provide, support, personalize, and develop our Site, products, and services.
• To create, maintain, customize, and secure your account.
• To process your requests, transactions and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads
through our Site, third-party sites, and via email or text message (with your consent).
• To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.) (“CCPA”).
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all CHPassets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which assets subject to transfer include personal information held by CHP about our users.
CHP will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
CHP may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
CHPshares your personal information with the following categories of third parties:
• Service providers.
• Affiliates.
• Partners.
• Data aggregators.
• Parent or subsidiary organizations.
• Internet cookie data recipients, like Google Analytics.
• Other third-party categories (with your consent).
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, CHP disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category F: Internet or other similar network activity.
Category G: Geolocation data.
Category I: Professional or employment-related information.
Category J: Non-public education information.
Category K: Inferences drawn from other personal information.
CHP discloses your personal information for a business purpose to the following categories of third parties:
• Service providers.
• Affiliates.
• Partners.
• Data aggregators.
• Parent or subsidiary organizations.
• Internet cookie data recipients, like Google Analytics.
• Other third-party categories (with your consent).
Sales of Personal Information
CHP has never sold personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights and protections regarding personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that CHP disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights,” below), we will disclose to you:
• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that CHP delete any of your personal information collected and retained from you, subject to certain exceptions. Once CHP receives and confirms your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion,” below), we will delete (and direct our service providers to delete) your personal information from CHP records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to CHP using the address below.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
CHP will not respond to your request or provide you with personal information if we do not verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with CHP. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format
CHP endeavors to respond to a verifiable consumer request within forty-five (45) days of receipt. If CHP requires more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with CHP, we will deliver our written response to that account. If you do not have an account with us, we will deliver a written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
CHP will not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If CHP determines that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Further, unless permitted by the CCPA, we will not:
• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code § 1798.83) permits California residents using the Site to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to the address identified below.
Changes to this Privacy Policy
CHP reserves the right to change this Privacy Policy from time to time. CHP will update the Privacy Policy posted on the Site when making changes. CHP will notify you about changes to this Privacy Policy by sending a notice to the primary email address specified in your account, by placing a prominent notice on our Site. CHP will identify the date of last revision for the Privacy Policy at the bottom of this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Your Choices
You can review and change your personal information by contacting us to request access to correct or delete any personal information that you have provided to us. CHP may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Contact Information
Clear Health Pass Holdings, LLC
c/o Native American Venture Fund
30 Wall St, 8th Floor
New York, NY 10005
(800) 266-7207
No representations by CHP, or claims regarding CHP products, substitute for professional medical advice. CHP recommends that you always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical question or condition.