Effective as of August 01, 2019

This Privacy and Security Policy (the “Policy”) describes the collection, use and disclosure of your personal information to and by Clearly Basics Americas LLC and its affiliates (collectively, “Clearly Basics,” “we”, “us”, or “our”).

The following definitions apply to the Policy:

​“Account” means the personal account you register with us; ​“Personal Information” means such personally identifiable information that you provide and may be used to identify you (such as your name, date of birth, or address), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present or future payment for the provision of health care;

​“Platform” means our technological platform and other services which may include our website at https://tryclearly.com (the “Website”) and a Chatbot named Clara (the “Chatbot”) and other third party-operated services or applications including “Facebook Messenger”, “Salesforce.com” and “Paypal”;

The use of the Platform is subject to the Policy. The Policy form a binding agreement between you and us. So, by using the Platform, you acknowledge, accept and agree to the Policy and be bound by them.

​You are advised to seek independent legal advice on the Policy. If you cannot accept, or do not wish to be bound by, any of the Policy, please do not use the Platform.

​The Policy does not apply to any other third party website or application used as part of the Platform. The use of such third party website or application is subject to the privacy policy of the third party.

​In addition to the Policy, we have established Terms of Service that govern your use of the Platform. You can find a copy of the Terms of Service HERE.

1. COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

The use of the Platform will require you to provide, on a voluntary basis, certain information to us, including the Personal Information.

​We may use and disclose the Personal Information (including to third parties) to address your questions. Such use and disclosure may include but not limited to the following:

Operate, improve or analyze usage of the Platform;Verify your identity as the holder of an Account;Administer your Account or process payments;Communicate with you about the Platform and the Products;Respond to legal or regulatory requirements, court orders or subpoenas;Facilitate the negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another person or entity;Fulfill any of our other obligation as required by law; andMedical research, specifically concerning the skin for medical and cosmetic purposes only.

Additionally, when you visit the Website or use your Account, we may collect technical and navigational information. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve web design and functionality. ​

2. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

The Platform may include third party sites whose information, privacy and security practices may be different than ours. We have no control over information that is submitted to, or collected by, these third parties.

For any fee payment to us, you will be directed to a third party site to provide information to complete a transaction in connection with the Platform. In such cases, any information you provide to such third party sites directly to such third party will be subject to the applicable third party’s privacy policy and terms of service. For example, Paypal (“Paypal”) provides third party payment processing services for us. The privacy policies of Paypal may differ from ours. Any information you submit to Paypal will be governed by their privacy policies.

WE ARE NOT RESPONSIBLE FOR HOW THIRD PARTIES HANDLE THE PERSONAL INFORMATION. PLEASE REVIEW THE PRIVACY POLICIES POSTED ON EACH THIRD PARTY WEBSITE FOR FURTHER INFORMATION. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATING TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, OR SECURITY OF ANY THIRD PARTY WEBSITES. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED USE OR DISCLOSURE OF THE PERSONAL INFORMATION BY ANY SUCH THIRD PARTY IF WE PROVIDE SUCH PERSONAL INFORMATION TO SUCH THIRD PARTY IN COMPLIANCE WITH THE POLICY.

ACCESSING, CORRECTING, UPDATING, AND DELETING YOUR PERSONAL INFORMATION

You may access and update certain information, or deactivate your Account from your Account profile page after logging into your Account. Additionally, you may at any time make a request to access, correct or update the Personal Information that we have collected about you by contacting us at hello@tryclearly.com, including requests to:

Inspect and copy the Personal Information.Amend the Personal Information.

We will make reasonable efforts to respond promptly to all such proper requests. We may impose a fee for the costs associated with your request. We will not verify, modify or otherwise alter any of the Personal Information without your request or consent except for any errors or modify any immaterial information at any time.

You may at any time make a request for us to delete the Personal Information. We will promptly comply with all such requests, subject to any retention as required under any applicable law or otherwise. When we delete the Personal Information, it will be deleted from the active database, but may remain in our archives; we may also retain and continue to use your other information that is not Personal Information. Further, to the extent the Personal Information has been disclosed to third parties, we may not be able to access such Personal Information or cause the deletion or modification of such Personal Information by the relevant third parties.

3. USE OF COOKIES AND OTHER TECHNOLOGIES ON THE PLATFORM

The Website has certain features which are only available through the use of cookies and other user tracking mechanisms (collectively, “Cookies”). You may elect to decline Cookies if your Browser allows you to do so. In such case, you may not be able to use such features on the Website.

4. UNDER AGE

If you are under seventeen (17) years of age, your parent or legal guardian will need to authorize us to collect the Personal Information. Your parent or guardian may review and request deletion of the Personal Information in accordance with the Policy.

5. ASSIGNMENT

In the event of a merger, acquisition, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, we may transfer, sell or assign to third parties rights related to your relationship with us, including, without limitation, your Account and the Personal Information that you provide or that has been provided on your behalf to us. Such third parties will assume the rights and obligations of the Policy.

6. AMENDMENTS

We reserve the right to amend, modify, add, delete or update the terms of the Terms and the Additional Terms, at any time as we deem fit. If we change the terms of the Terms, we will post the new Terms on the Website or the Platform and you agree and acknowledge that such postings constitute notice of the new Terms to you. If you object to any changes to the Terms, please do not use or continue to use the Platform. Your continued access to and usage of the Platform signifies your acknowledgement and acceptance of any such changes to the Terms and agreement to be bound thereby.

QUESTIONS

If you have questions or concerns about the Policy, please contact us at hello@tryclearly.com