Effective Date/Last Updated: July 25, 2023
- What is Personal Information?
- Types of Personal Information We Collect and Use
- How We Use Personal Information
- Disclosure of Personal Information
- How We Protect the Security of Personal Information
- Children’s Privacy
- Correcting, Updating, Accessing, or Removing Personal Information
- Opting Out
- Retention of Personal Information
- Individuals in the EU, UK, Canada and other Relevant Jurisdictions
- Your California Privacy Rights
- Other Websites, Including Social Media
- How to Contact Us
1. What is Personal Information?
“Personal Information” is information that, either alone or in combination with other information, identifies you. Examples of Personal Information include, among others, name, email address, phone number, and mailing address. When we combine Personal Information with other information, we treat the combined information as Personal Information.
2. Types of Personal Information We Collect and Use
a. Information that You Provide Us
- Contact Information: In various places on the Site, we request information, including Personal Information, from you. The exact information we need to collect will depend on the purpose of the form. For example, when you complete the contact form on the Site, we ask for your full name, company email address, work phone number, job title, work industry, and country. We will indicate when you attempt to submit a form whether a particular field of information is mandatory or optional. If you choose not to provide certain information, we may not be able to provide requested services.
- Prospective Applicant Information: Please see ClearShark’s Job Applicant Privacy Notice for how Personal Information related to prospective job applicants is collected and processed.
- Social Media: Our Site may link to our pages or accounts on third party social media networks (“social media”), and may use social media plug-ins which, if you click on them, transmit certain personal information to the applicable social media site. If you choose to interact with us on social media, we may collect the information you publish or submit. Note that this information is also governed by the privacy policies of the respective companies offering the social media service.
- Virtual Event or Meetings: If you attend a ClearShark in-person or virtual event or meeting, we may record some or all of that event or meeting. We use this information for business and marketing purposes to better inform the public about ClearShark and its events.
3. How We Use Personal Information
We use Personal Information for purposes of:
- Enabling secure use of the Site;
- Providing, analyzing, administering, and improving the Site and our products, services and operations;
- Research and development;
- Sending information at your request;
- Sending information about our products and services that we believe you and your organization may find useful;
- Responding to inquiries;
- Conducting surveys to gather feedback on our services or Site;
- Marketing and advertising our and our partners’ products and services;
- Publishing comments on our blogs (including the name, but not the email address, associated with the author);
- Publishing testimonials on the Site;
- Recruiting and hiring personnel;
- Protecting our rights or our property;
- Meeting legal obligations; and
- For other purposes related to the reasons for which you provide Personal Information.
4. Disclosure of Personal Information
- Our Service Providers.We engage service providers or business partners to perform tasks on our behalf and to assist us in providing the Site or our services. Some of these third parties may need to access to Personal Information to perform their services. For example, we engage third parties to assist us with hosting the Site, sponsoring events, analyzing our Site traffic, and marketing our services online. These third parties also assist with comprehensive data analytics and managing our customer contacts.
- Companies Involved in Mergers and Acquisitions Transactions.If we sell or otherwise transfer part or the whole of our business or assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), any information collected through the Site, including Personal Information, may be among the items sold or transferred.
- Law Enforcement, Government Agencies, and Courts:We may disclose Personal Information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal process to establish, protect, or exercise our rights or to defend against a legal claim or as otherwise required or allowed by law, or to protect the rights, property, or safety of any other person. We may also disclose Personal Information to investigate or prevent a violation by you of any contractual or other relationship with us or your illegal or harmful activity.
5. How We Protect the Security of Personal Information
We use commercially reasonable safeguards, such as industry-standard encryption technology (e.g., Secure Socket Layer (SSL) protocol), to help keep the information collected through the Site secure. Despite these efforts to store Personal Information in a secure operating environment that is not available to the public, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.
6. Children’s Privacy
We do not knowingly collect or solicit any Personal Information from children or minors (under the age of 18). In the event that we learn that we have collected Personal Information from a child without parental consent, we will promptly take steps to delete that information.
7. Correcting, Updating, Accessing, or Removing Personal Information
In addition to other rights you may have depending on where you reside (as described below), you can request that we correct, update, or delete your Personal Information by emailing a request to us at email@example.com. We will promptly process such requests in accordance with applicable law.
8. Opting Out
With your permission, we and our business partners may send you Communications. You may choose to stop receiving Communications by indicating your preference in your account profile or settings. You may also follow the unsubscribe instructions in any Communication you receive. You may also send a global unsubscribe request, and/or request to opt out of the sale of your Personal Information, by emailing such request to firstname.lastname@example.org. Please note that certain Site-related Communications are necessary for the proper functioning and use of the Site and you may not have the ability to opt out of those Communications.
9. Retention of Personal Information
10. Individuals in the EU, UK, Canada and other Relevant Jurisdictions
In this section, we provide additional information relating to how we process Personal Information of individuals in the EU, the UK, Canada and other relevant jurisdictions in accordance with the GDPR, the UK GDPR, Quebec’s Bill 64 and other relevant privacy laws. If you need more information or would like to exercise your rights under the aforementioned laws, you may contact us at email@example.com.
a. Legal Basis for Processing
- where we need it to perform a contract with you;
- where the processing is in our legitimate interests (including the purposes described, above, in Section 2, How We Use Personal Information);
- if we need to comply with a legal obligation; or
- if we otherwise have your consent.
b. Your Rights and Choices
Depending on applicable law and subject to certain exemptions, you may have the right to:
- Request access to Personal Information about you.
- Request correction of the Personal Information that we hold about you.
- Request erasure of Personal Information about you. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Correct (rectify) your Personal Information. Under certain circumstances, you may have the right to request that we amend or update inaccurate or incomplete Personal Information about you.
- Object to processing of Personal Information about you 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.
- Request restriction of processing of Personal Information about you. You can ask us to suspend the processing of Personal Information in the following scenarios: (a) if you want us to establish the Personal Information’s accuracy; (b) where our use of Personal Information is unlawful but you do not want us to erase it; (c) where you need us to hold the Personal Information even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of Personal Information but we need to verify whether we have overriding legitimate grounds to use it.
- Right to the Data Portability of your Personal Information. Under certain circumstances, you may have the right to request a copy of your Personal Information in an electronic format and further request that we send such Personal Information to another party.
- Withdraw consent at any time where we are relying on consent to process Personal Information about you.
- Update your Communication and Opt-Outs Preferences. You may have the right to stop receiving marketing communications from us at any time by contacting firstname.lastname@example.org.
- Right to Lodge a Complaint with the applicable supervisory authority.
If you wish to exercise any of these applicable rights, please contact us at email@example.com. You have a right to lodge a complaint with a supervisory authority if you believe that we have violated any of your rights concerning Personal Information. We encourage you to first reach out to us at firstname.lastname@example.org, so we have an opportunity to address your concerns directly before you do so.
We have appointed IT Governance Europe Limited to act as our EU representative, and GRCI Law Limited to act as our UK Representative. If you wish to exercise your rights under the GDPR or the UK GDPR, or have any queries in relation to your rights or privacy matters generally, you may email our EU representative at email@example.com or our UK representative at firstname.lastname@example.org. Please include Optiv and ClearShark’s name in any correspondence you send to our respective representatives.
Individuals accessing the Site who are California residents should also review Section 11 (Your California Rights) for specific details on their rights.
c. International Data Transfers
If you are using the Sites from outside the United States, please be aware that Personal Information will be transferred to, stored, and processed in the United States of America, Canada and/or India as well as to countries in which ClearShark’s Sub-Processors are located. Although we take steps to provide adequate safeguards, the data protection laws of the United States of America, Canada or India might not be as comprehensive as those in your country. Some of the countries where your Personal Information may be processed, including the United States, are not subject to an adequacy decision by the European Commission or your local legislature and/or regulator, and may lack data protection laws as comprehensive as or may not provide the same level of data protection as your jurisdiction.
Where Personal Information is transferred to a country outside of the EEA that is not considered to provide adequate protections for Personal Information, such Personal Information will be transferred using the latest version of the European Union and / or United Kingdom’s Standard Contractual Clauses.
11. Your California Privacy Rights
Subject to certain exceptions, this Section applies to our collection and use of Personal Information of residents of California, as required by the California Consumer Privacy Act and its implementing regulations (“CCPA”), where “Personal Information” has the meaning set forth in the CCPA. This section describes (1) the categories of your Personal Information collected and disclosed by us, subject to CCPA, (2) your privacy rights under CCPA, and (3) how to exercise such rights.
To receive a copy of this section in an alternate format (e.g., printable) or language, please contact us using the information provided below.
We Do Not Sell Personal Information. In the last 12 months we do not believe that we have sold Personal Information and we do not believe we currently sell Personal Information.
Use of Sensitive Personal Information. We do not believe we use or disclose sensitive Personal Information.
Personal Information Collected. We have collected the following categories of Personal Information from consumers within the last 12 months:
|Category of Personal Information||Categories of Sources from which Category of Personal Information is Collected||Purpose of Collection||Categories of Third Parties to Whom Personal Information is Disclosed||Categories of Third Parties to Whom Personal Information is Sold or Shared|
|Identifiers that could identify a consumer or household, such as real name, IP addresses, or email address.||Directly from the consumer||See Section above titled “Purposes for Which We Collect Personal Information”||Service Providers.
Business partners, at your request.
|We do not sell this type of information. We share this category of information with third parties for purposes of cross-context behavioral advertising.|
|Sensory information such as a call or web recording||Directly from the consumer.||See Section above titled “Purposes for Which We Collect Personal Information”||Service Providers.
Business partners, at your request.
b. Your Privacy Rights Under California Law
Subject to certain exceptions, California residents may have the following rights with respect to their Personal Information:
|Notice||You may have the right to be notified of what categories of Personal Information will be collected at or before the point of collection and the purposes for which they will be used and shared.|
|Access||You may have the right to request information on the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You also have the right to request information on the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your Personal Information.|
|Erasure||You may have the right to request to have your Personal Information deleted from our servers and we will direct our service providers to do the same. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required to retain your Personal Information for one or more of the following categories of purposes: (1) to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law; (4) to otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.|
|Data Portability||You may have right to receive your Personal Information previously provided to us.|
|Correction||You may have the right to request that we correct any incorrect Personal Information that we collect or retain about you, subject to certain exceptions. Once we receive and confirm a verifiable consumer request (see below), we will correct (and direct any of our service providers that hold your data on our behalf to correct) your Personal Information from our records, unless an exception applies.|
|To Opt Out of the Sale or Sharing of Personal Information||As stated above, ClearShark does not sell your Personal Information.
Regardless of the aforementioned, you have the right to opt-out of the sale and sharing of your Personal Information.
You have a right to opt-out of certain disclosures of Personal Information to third parties, if such disclosures constitute a “sale” under California law.
When you opt out of sharing, we will not share your Personal Information with third parties for purposes of cross-context behavioral advertising. To opt-out please email email@example.com or contact us using the information listed in the Contact Us Section below.
We do not have actual knowledge that we sell the Personal Information of consumers under 16 years of age.
|Limit Use of Sensitive Personal Information||You may have the right to limit the use of your sensitive Personal Information.
ClearShark does not collect or process Sensitive Personal Information for the purpose of inferring characteristic about a consumer.
c. How to Exercise Your California Privacy Rights
Only you, or a person properly authorized to act on your behalf, may make a request related to your Personal Information.
The 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.
- Be described with sufficient detail to allows us to properly understand, evaluate, and respond to it.
We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete Personal Information, we may retain Personal Information to the extent required by applicable law.
To exercise your California rights described in this section, please contact us at firstname.lastname@example.org or call us at (800) 574-0896.
Verification. We may be required to verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process, and we will only use Personal Information provided in a request to verify the requestor’s identity. If you are an authorized agent making a request on behalf of a California resident, we may also need to verify your identity and authorization. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us.
Fees. We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine 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. ClearShark will not discriminate against you in the event you exercise any of the aforementioned rights under the CCPA, including, but not limited to, by:
- denying goods or services to you;
- charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- providing a different level or quality of goods or services to you; or
- suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Complaints. The CCPA gives California Consumers the right to lodge a complaint with the California Attorney General’s office. The Attorney General’s office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.
Accessibility. The Notice is provided using Website Content Accessibility Guidelines and therefore is available to consumers with disabilities. To request access to this Notice in an alternative format, please email email@example.com.
In your request, please attest to the fact that you are a California resident and provide a current California address for our response.
California Shine the Light Law:
Under California Civil Code Section 1798.83, individual customers who reside in California and who have an existing business relationship with us may request information about our disclosure of certain categories of Personal Information to third parties for the third parties’ direct marketing purposes, if any.
To make such a request, please contact us using the information in the Contact Us Section. Please be aware that not all information sharing is covered by these California privacy rights requirements and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year.
12. Other Websites, Including Social Media
We are not responsible for the practices employed by any websites or services linked to or from our Site, including the information or content contained within them. A link to a third party’s website should not be construed as an endorsement. We encourage you to investigate and ask questions before disclosing Personal Information to third parties.
14. How to Contact Us
For further information, please contact us.
ClearShark c/o Optiv Security Inc.
1144 15th Street, Suite 2900
Denver, CO 80202
Phone: (800) 574.0896
Fax: (303) 298.0868
Our Chief Privacy Officer is Jacquelyn Wayne, SVP & Associate General Counsel, who may be contacted through the addresses above as well as firstname.lastname@example.org.