About this Privacy Notice

This Privacy Notice is provided by ClearyX HoldCo LLC and its subsidiaries (“CX,” “ClearyX,” “we,” “us,” or “our“) and describes how we collect, use and disclose your personal data in connection with the CX+ Platform (the “Platform“) where we act as controller of that personal data. If you are a California resident, please also read our Notice at collection for California residents below.

If you have any questions about how CX uses your personal data as described in this Privacy Notice, you may contact us by emailing dataprivacy@cgsh.com or by telephoning us on +1-833-560-0482.

What personal data do we collect and why?

Your personal data is provided to us directly by you, or by the subscribing client organization for which you work (the “Client“). We use this personal data for the following purposes:

Your account and access information

We require the following information to create your account and provide you with access to the Platform:

• your name
• the Client’s name
• your business email address.

We use your name and business email address to send you system-generated alerts, updates and administrative messages and, where two-factor authentication has been enabled by the Client for your account, authentication codes.

Your Profile information

Your Profile on the Platform is pre-populated with your name, which you may choose to edit. You may also choose to add the following information to your Profile to enable other users to identify and communicate with you more easily:

• your avatar photograph or image
• your business telephone number and/or mobile telephone number.

If you choose to provide a mobile telephone number and two-factor authentication has been enabled for your account, you may elect SMS as your preferred authentication method within the Platform.

Cookies, logs and similar technologies

We use cookies only for authentication purposes when you log into the Platform, to help maintain the security of your account. We do not otherwise use cookies.

We also collect your IP address and browser agent details, such as your browser name, operating system information and device type, when you log into the Platform so that we can ensure the safe and successful operation of the Platform. This information may also be made available to the Client in connection with its administration and monitoring of Platform access.

Information collected through third-party integrations

Where this has been enabled by the Client, you may be able to import files to the Platform from a third-party service, such as Google Drive or Microsoft SharePoint. Each time you choose to do so, you will be asked to authenticate with that service through an OAuth2 dialog.

We do not see or capture your credentials for the third-party service, but we store an access token for the import session so that the selected files can be imported into the Platform. We store the access token only for the duration of the import session.

We also collect limited metadata, such as the file or folder name and creation date, which we store only for the duration of the import session.

Where the third-party service is Google Drive, we will not access Gmail, Google Calendar, Google Contacts, or any other Google service data beyond Google Drive. Our use and transfer of information received from Google APIs adhere to the Google API Services User Data Policy, including the Limited Use requirements.

Service requests

You have the ability to request technical support from us by submitting a “Ticket” on the Platform. Where you choose to do so, we will collect your name and email address from you via our web-based Customer Support Request Form or by email if you choose to contact us that way. We will use this information solely for the purpose of responding to your support request.

What lawful basis do we rely on?

The lawful basis we rely on to collect and use your personal data as described in this Privacy Notice is legitimate interests. It is in our legitimate interests to provide a functioning, up-to-date and secure Platform for the Client.

Who will we disclose your personal data to, and where?

The Platform leverages a combination of software owned, controlled or licensed by CX, hosted in the cloud. The Platform is hosted in a jurisdiction chosen by the Client, usually the jurisdiction where the Client operates. As ClearyX is a global organization, CX personnel may access personal data described in this Privacy Notice from other jurisdictions.

In some circumstances we may be legally obliged to disclose your personal data. For example, under a court order, or where we cooperate with a government or regulatory authority handling a complaint or investigation.

We may also disclose your personal data to third parties in the good-faith belief that such action is necessary to take precautions against liability, to comply with various reporting obligations, to protect ourselves and our other users from fraudulent, abusive, or unlawful uses or activity, to protect the security or integrity of the Platform or to investigate and defend ourselves against any third-party claims or allegations.

We may also disclose your personal data where necessary in connection with a merger, acquisition, reorganization, bankruptcy, or sale of all or a portion of our assets, or as part of negotiations for any such transaction.

Before disclosing your personal data to any third parties, we will satisfy ourselves that we have a lawful basis to do so and will document our decision-making.

Where we transfer personal data from the EEA or UK to jurisdictions that the European Commission or UK government (as applicable) has not recognized as providing an adequate level of protection, those transfers are governed by contractual arrangements incorporating the European Commission’s standard contractual clauses for international data transfers (the “Standard Contractual Clauses“) and the UK International Data Transfer Addendum to the Standard Contractual Clauses. If you would like a copy of the Standard Contractual Clauses, please email dataprivacy@cgsh.com.

How long will we keep your personal data for?

Your personal data will remain on the Platform for as long as we are hosting the Platform for the Client. When our agreement with the Client is terminated in accordance with its terms, we will archive and retain the personal data described in this Privacy Notice in accordance with the terms of that agreement. We will not retain your personal data for any longer than we need it.

Your rights

Applicable data protection law may give you certain rights over your personal data including:

• Right of access. You have the right to ask us for a copy of the personal data we hold about you, together with other supplementary information.
• Right to rectification. If the information we hold about you is inaccurate, you can ask us to correct it. In some circumstances, you may also be able to ask us to complete incomplete personal data.
• Right to erasure. You have the right to ask us to erase your personal data in certain circumstances.
• Right to restriction of processing. Where you have a particular reason for wanting to do so, you have the right to limit the way in which we use your personal data in certain circumstances.
• Right to data portability. Where you have provided your personal data to us and it is processed by automated means, you may be able to request that we provide it to you in a structured, machine-readable format.
• Right to object. You have the right to stop us from using your personal data for direct marketing and in certain other circumstances, unless we can show that we have a compelling reason to continue to do so.
• Right to withdraw consent. Where we rely on your consent to use your personal data, you can withdraw that consent at any time.
• (Under UK law) Right to complain. You have the right to complain to us if you consider that there has been an infringement of your rights in relation to your personal data under UK law.
• (In certain U.S. jurisdictions) Right to appeal. If we decline to take action in response to your privacy request, you may have a right to appeal our decision.

To exercise any rights available to you under applicable data protection law, please contact CX by emailing dataprivacy@cgsh.com or by telephoning +1-833-560-0482.

Where available under applicable data protection law, you may also have the right to lodge a complaint with the relevant supervisory authority. If you are not sure whether this right applies or who the relevant supervisory authority is, please contact CX by one of the methods above and we will advise you.

Changes to this Privacy Notice

We may update this Privacy Notice from time to time. Material changes will be communicated to you via a notice within the Platform.

If you continue to use the Platform after we update this Privacy Notice, we will treat that as your acknowledgment of the revised Privacy Notice.