This Privacy Policy (“Privacy Policy”) describes how Clear Verify, LLC (“Clear Verify”), an employment verification service provider that is owned and operated by Trak Capital LLC (hereinafter referred to as “we,” “our,” or “us”), collects, uses, and discloses personal information in the provision of our services and the operation of our website www.clearverify.com ("website") (collectively, our “Services”). This Privacy Policy does not apply to any third-party applications or software that integrate with the Services or any other third-party products, services, or businesses. Please note that this Privacy Policy is part of and supplements our Terms of Use  and all disclosures, notices, and authorizations  required under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and all regulations promulgated thereunder (collectively, the "FCRA"), and that the rights discussed in certain sections of this Privacy Policy may be subject to exemptions or other limitations under applicable law. If you are a California resident, please review the below section, “Additional Information for California Residents” for additional disclosures, our Notice at Collection , and a description of your rights under the California Consumer Privacy Act (with any implementing regulations and as may be amended from time to time, the “CCPA”).

By using this website and our Services, you consent to the privacy practices described in this Privacy Policy. You also agree to obtain notice of, and changes to, this Privacy Policy by visiting and interacting with our website.

This Policy Covers:

1.   Types of Information Collected and Sources

2.   Use of Your Information

3.   Disclosing Your Information

4.   Security of Information

5.   Access to and Correction of Your Personal Information

6.   Data Retention

7.   Children’s Online Privacy Protection Act (COPPA)

8.   Additional Information for California Residents

9.   Additional Information for Nevada Residents

10. Users Outside of the United States

11. Changes to our Privacy Policy

TYPES OF INFORMATION COLLECTED AND SOURCES. We may collect and receive information and data about you in a variety of ways, including:

●     Personal Information You Provide to Us. Depending on how you interact with us, you may provide us or our service providers your name, address, email address, phone number, password, payment method and information, salary information, employment information, and Social Security number. We also may collect other identifiers such as your location information or information included in correspondence, comments, or questions you send to us.

●     Internet or Other Electronic Network Activity Information. When you interact with or use our website or Services, we may collect electronic network activity information, including interactions with our website, use of certain online tools, your Internet Protocol (IP) address, and device information.

●     Information Collected Automatically & Use of Cookies. When you visit our website, certain information about your visit is automatically collected, which may include information about your: (i) browser type; (ii) referring site; (iii) IP address or other online identifiers; and (iv) pixel tags. We may collect this information through the use of cookies and similar tools (collectively “cookies”). A cookie is a short string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website throughout the session and each consecutive visit. They are used to enable websites to function or to provide information to the owners of a website or other third parties that receive data obtained from that website. We may use service providers, including Google Analytics to collect such information. For more information on (a) how Google Analytics collects and processes such information, please click here, and (b) how to prevent the use of Google Analytics relating to your use of our website by downloading and installing a browser plug-in, please click here. You can change your cookie preferences by changing the setting on your web browser to delete or reject cookies. If you delete or reject cookies, some portions of our website may not function properly. We currently do not respond to “do not track” (“DNT”) settings in your web browser or similar signals, as we do not use cookies or other technologies for advertising purposes.

●     Information Collected from Others. We also collect information about you from (i) your past, present, and future employers ("Employers") and (ii) from third parties, including Employers, lenders, and other authorized entities that use our verification services ("Verifiers"). The information we receive from Employers and Verifiers may include, but is not limited to, your name, Social Security Number, date of birth, dates of employment, addresses, family information, income information, benefits information, disciplinary history, education, degrees, licenses, permits, insurance information, and other personal information about you that is or was maintained by Employers or Verifiers. You may choose not to provide some or all information requested by us. However, if certain information is not provided, we may be unable to provide the Service. Each Employer and Verifier is responsible for providing all written notices and disclosures to, and obtaining all written authorizations, from, its past, current, and future employees and prospective employees with respect to receipt, disclosure, collection, and use of information as required under all applicable laws including, without limitation, all disclosures, notices, and authorizations required under the FCRA.

USE OF YOUR INFORMATION. We may collect, hold, and otherwise process your personal information for various purposes in furtherance of our legitimate interests in operating our website and offering our Services, including:

●     To provide our Services to you, Employers, and Verifiers, including providing customer support;

●     To manage and operate our website, including analyzing how our Services and website are being used for troubleshooting and improvements;

●     To comply with certain legal and regulatory requirements under applicable law, legal process, or regulation, or enforce our legal rights; and

●     To communicate with you, Employers, and Verifiers by responding to requests, comments, disputes, and questions. We may send service, technical, and other administrative emails, messages, and other types of communications such as changes in our Services or security and fraud notices. These communications are considered part of the Services and you may not opt out of them.

DISCLOSING YOUR INFORMATION. This section describes how we may share or disclose your personal information. Employers, Verifiers, and third parties determine their own policies and practices for sharing and disclosing information. We do not control how they or any other third parties choose to share or disclose your information. We may disclose your personal information in the following situations:

·      With Your Consent. We may process your personal information with your consent. You have the right to withdraw this consent at any time where we are relying on consent to process your personal information.

·      According to Instructions from Employers Who Provided the Information. Where an Employer has provided us your personal information, we may share, disclose, or otherwise process that information in accordance with the Employer's instructions, and in compliance with applicable law and legal process. Before providing employment and income data to a third-party requestor, we will perform verification of the identity of the third-party requestor and confirm that they are authorized to receive your personal information. All data is processed according to permissible purposes.

·      To Verifiers and Employers. We may share and disclose Information to Verifiers and Employers, subject to applicable law. Before providing employment and income data to a third-party Requestor, we will perform verification of the identity of the third-party Requestor and confirm that they are authorized to receive the data of the data subject. All data is processed according to permissible purposes.

·      Displaying the Services. When an Employer or Verifier submits information, it may be displayed to authorized users of the Employer or Verifier in the same or connected Employer or Verifier accounts.

·      Third-Party Service Providers and Partners. We may engage third-party companies or individuals as service providers or business partners to process information and support our website and Services.

·      Affiliates. We may share information with our affiliates, parent companies, and/or subsidiaries.

·      During a Change to Our Business. We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our organization.

·      De-identified Data. We may disclose or use de-identified information for any purpose. For example, we may share de-identified information with prospects or partners for business or research.

·      To Comply with Legal Requirements. We may disclose your information when we have a good faith belief that compliance is required by a search warrant, subpoena, court order, or similar request from a law enforcement or other government agency.

SECURITY OF INFORMATION. We take commercially reasonable measures appropriate to the nature of the information to protect personal information from loss, misuse, unauthorized access, exfiltration, acquisition, theft, or disclosure. These measures take into account the sensitivity of the information we collect, process, and store, and the current state of technology. We limit access to your personal information to our employees and service providers to maintain and operate our website and to provide our Services. However, given the nature of information security, we cannot guarantee that such safeguards will always be successful.

ACCESS TO OR CORRECTION OF YOUR PERSONAL INFORMATION. We take reasonable steps to ensure your personal information is accurate and complete. If you believe that any of your information is inaccurate, you may notify us using the contact information at the bottom of this Privacy Policy. Corrections, amendments, or updates to your personal information will be made only at our reasonable discretion and only if we are able to verify to our satisfaction that the correction, amendment, or update to the information is accurate, which may include communications by us with Employers or Verifiers to confirm the information. If you believe that any your information contained in a Verification of Employment Report (“Verification Report”) is inaccurate, please utilize the Dispute Data feature to submit a data dispute to your Employer. Please note that Clear Verify does not have the ability to correct, amend, or update the personal information about you provided to us by your Employer. Data Disputes will be submitted to your Employer.

HOW LONG WE RETAIN YOUR PERSONAL INFORMATION. How long we keep your personal information will vary depending on the type of personal information and our reasons for collecting it. In general, we will retain your personal information for as long as we require it to perform our contractual rights and obligations or for periods required by our legal and regulatory obligations.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA). Our Services are not intended for individuals under the age of 16. Accordingly, if you are a parent or legal guardian who has discovered that your child has provided personal information through the Service without your consent, please contact us so that we can remove any unauthorized information. We rely upon Employers to obtain necessary consent for personal information provided to us for anyone between 16 and 18 years of age. If you reside in California and are under 18 years old, you have the right to request that we remove content or personal information from our website or Services. To request that we remove such content or information, please contact us at info@clearverify.com. We will fulfill your request to remove content or personal information from our website or Services as required by law. Please be aware that any requests for removal do not ensure complete or comprehensive removal of the content or personal information from our website or Services.

ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS. Terms used in this section have the meaning ascribed to them in the CCPA. We are a “business.”

●     Notice at Collection and Use of Personal Information.

○     Personal Information We Collect. Depending on how you interact with us, we may collect the categories of personal information listed above in the section “Types of Information Collected and Sources.”

○     Purpose for Collection and Use of Information. We may collect and use personal information from you for the purposes described above in the section “Use of Your Information.”

○     How Long We Keep Information. We will retain your personal information as described above in the section “How Long We Retain Your Information.”

○     Sale or Sharing of Personal Information. We do not sell or share your personal information (as such terms are defined under the CCPA).

○     More Information. For more information about our privacy practices, please review our entire Privacy Policy, which is available here[WM4] .

●     Our Collection, Use, and Disclosure, of Personal Information and Sensitive Personal Information. In the preceding 12 months, depending on how you interact with us, we may have collected the categories of personal information from the categories of sources listed above in the section, “Types of Information Collected and Sources.” We may collect all or a few of these categories of personal information for the business or commercial purposes identified in the section, “Use of Your Information.” 

●     Our Disclosure of Personal Information. We do not sell or share your personal information (as those terms are defined under the CCPA). We do not knowingly sell or share personal information of California residents under 16 years old.  In the preceding 12 months, we may have disclosed personal information to all of the third parties listed above in the “Disclosing Your Information” section to comply with our legal obligations or for the business or commercial purposes identified above in “Use of Your Information.” Additionally, we may disclose your personal information to third parties upon your request, at your direction or with your consent. We may also disclose or make available your personal information with our service providers such as our administrator or IT providers, other entities that have agreed to limitations on the use of your personal information, or entities that fit within other exemptions or exceptions in or as otherwise permitted by, the CCPA.

●     Use and Disclosure of Sensitive Personal Information. As noted above in “Personal Information We Collect,” under the CCPA, certain personal information we collect and process may be considered “sensitive personal information.” The CCPA requires that we provide you with a right to limit our use or disclosure of such sensitive personal information in certain circumstances. Currently, we are not using your sensitive personal information for purposes that would require that we provide you with a right to limit.

·      California Resident Rights Under the CCPA. If your personal information is subject to the CCPA, you may have certain rights concerning that information, subject to applicable exemptions and limitations, including the right to:

○     Request to Know. You may have the right to request that we, as a business that collects personal information about you and that discloses your personal information for a business purpose, disclose to you (a) the categories of personal information we have collected about you; (b) the categories of sources from which we have collected the personal information; (c) the business or commercial purpose for collecting the personal information; (d) the categories of third parties to which we disclosed personal information about you for a business purpose; and (e) the specific pieces of personal information we have collected about you (“Request to Know”).

○     Request to Delete. You may have the right to request that we delete any personal information that we have collected from or about you, subject to certain exceptions (“Request to Delete”). You may choose to freeze your account at any time by selecting the Freeze Account option within the Privacy Settings page in your account. All verification requests, other than those submitted by government Verifiers, will be declined while your account is frozen. Please note that selecting the Freeze Account option does not constitute a Request to Delete.

○     Request to Correct. You may have the right to request that we correct inaccurate personal information (“Request to Correct”).

○     Limit Use or Disclosure of Sensitive Information. As noted above, certain personal information we collect and process may be considered “sensitive personal information” as defined by the CCPA. The CCPA requires that we provide you with a right to limit our use or disclosure of such sensitive personal information in certain circumstances. Currently we are not using your sensitive personal information for purposes that would require that we provide you with a right to limit.

○     Non-discrimination. You have the right not to receive discriminatory treatment by us for the exercise of privacy rights conferred by the CCPA. For example, we will not deny anyone services or provide them a lower level of service in response to their exercise of any rights they have under the CCPA.

○     Opt-out. The CCPA generally gives a California consumer the right to opt-out of the “sale” or “sharing” (as those term are defined in the CCPA) of any personal information a business collects from that consumer, if the business sells or shares your personal information (we do not). To the extent any information collected via our website is considered personal information under the CCPA, we believe that the limited uses we make of personal information are exempted from the CCPA’s opt-out provisions for reasons noted in Sections 1-3 of this Privacy Policy.

The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations. We also reserve the right to retain, and not to delete, certain personal information after receipt of a Request to Delete from you where permitted by the CCPA or another law or regulation.

We are required to provide certain information or to delete personal information only in response to verifiable requests made by you or your authorized agent. When you submit a Request to Know, Request to Delete or Request to Correct (“Consumer Rights Request”), we may ask that you provide clarifying or identifying information to verify your request. Such information may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, your name and email address. Any information gathered as part of the verification process will be used for verification purposes only.

You are permitted to designate an authorized agent to submit a Consumer Rights Request on your behalf and have that authorized agent submit the request through the aforementioned methods. In order to be able to act, authorized agents have to submit proof that they are authorized to act on your behalf, or have a power of attorney. We may also require that you directly verify your own identity with us and directly confirm with us that you provided the authorized agent permission to submit the request.

You may submit a Consumer Rights Request through the contact information below.

ADDITIONAL INFORMATION FOR NEVADA RESIDENTS. Nevada residents have the right to opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information.

USERS OUTSIDE OF THE UNITED STATES. We are located and operate in the United States. If you are located in another jurisdiction, please be aware that information you provide to us will be transferred to, stored, and processed in the United States. Data protection laws in the United States may be different from those of your country of residence. By using our Service or providing us with any information, you consent to this transfer, processing, and storage of your information in the United States.

CHANGES TO OUR PRIVACY POLICY. It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. Your continued use of the Services constitutes your agreement to any updated Privacy Policy on a prospective basis.

CONTACT INFORMATION

To ask questions or comment about this Privacy Policy and our privacy practices, please contact us by phone at (888) 990-7071, email info@clearverify.com, or by mail at:

Clear Verify

Attn: General Counsel

2127 1st Ave. N

Birmingham, AL 35205