Effective Date: 18 December 2019
Clarus Direct, LLC, is a Delaware limited liability company, with registered offices at 338 Pier Avenue, Hermosa Beach, CA 90254, United States of America.
Information Provided by You.
Registration and Membership. We will collect personal information from you when you visit our Site, sign up for our Services, interact with our Site, register with us, or use various features of our Site. Personal information is information relating to an identified or identifiable individual. This includes your name: your username and member ID; email address; address; phone number; and IP address. ('Personal Information'). Personal Information does not include “anonymous information", which is data collected as part of the Services from which we cannot identify an individual or from which individual identities or other personal information has been removed.
Membership Data.This Personal Information is used for enrolment and billing purposes; to verify customer membership; communications (member, marketing); and customer benefits fulfilment. Additionally, if we have trouble processing an order, the information may be used to contact you.
When you provide us with Personal Information in connection with a particular activity or otherwise register for our Services we will process this as necessary to enter into and perform the contract that exists between yourself and Clarus Direct, LLC. We require Personal Information to fulfil our contract with you and if you choose not to provide it you will not be able to become a member or use the Site. As part of this we may communicate with you about our Services (service messages) using the information you provided to us. We may contact you for these purposes, by way of a live phone call, recorded message, email, telephone and/or mobile telephone number (including use of automated dialling equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. Occasionally we may wish to transfer your Personal Data to third party. Before we do this we will contact you to ask your consent to do this.
We will use other companies to operate our business and the Site in some countries or to administer activities on our behalf, such as sending emails, processing orders, order fulfilment, sending cheques, survey and prize draw administration, and government filings. We may share your information with these companies for this purpose and in compliance with this policy.
Certain third party service providers are based in the United States. These third parties use Personal Information to process payments, send marketing and other emails related to your membership . Your Personal Information will only be transferred to the third party service providers in compliance with our obligations under Privacy Shield.
We have entered into agreements with third-party-affiliated companies to enable us to provide our Services in connection with purchases you have made with those companies, such as delivery fees charged by those companies. In certain situations, we may provide your information to those companies informing them of your membership or to investigate a claim or inquiry regarding any benefit you may make pertaining to our Services and your interactions with those companies. Since these third parties will use your information in accordance with their own privacy practices, you should check their websites for information regarding their privacy policies.
Other Uses. We may use your Personal Information to contact you about the Services on our Site for which you have expressed an interest; for example, if you have contacted customer service or made an inquiry.
Like most online businesses, we log IP addresses (a unique number assigned to every computer on the Internet) in order to improve security, analyse trends, and administer the Site. We may track your movement within the Site and through our offers on affiliate retailer sites, the pages from which you were referred, access times, and browser types. This information may include the browser you are using, the Internet address from which you linked to our Site, the operating system of your computer, the unique IP address of the computer you used to access our Site, and your usage and browsing habits. We use this information in the aggregate to gauge the effectiveness of our Site, track information for statistical purposes, help diagnose and troubleshoot server malfunctions, analyse trends, track user movement in the aggregate, and gather broad demographic information.
Survey and prize draws. From time to time, we may request Personal Information from you via surveys sometimes with a prize draw. If you choose to participate in a survey or sweepstake then any Personal Information you provide will be processed in accordance with our legitimate interest in monitoring and improving the use and satisfaction of our Site. Contact information will also be used to notify the winners and award prizes.
Supplemental Information. We may supplement information you give us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect; to enable us to fulfil our products and services; to target our communications so that we can inform you of products, services, and offers that may be of interest; and for internal business analysis or other business purposes. In the event that additional information is requested from a member to support a claim made under a specific benefit provided, we will use this information to validate the nature of the claim. This may include contacting the relevant retailer on whose Affiliate Retailer Site a purchase was made in order to verify that an item was purchased, the amount paid, if a benefit was utilised, or if an item has been returned.
Announcements. We may send you service-related announcements and emails from time to time relating to your account. These include emails such as order confirmations, renewal/expiry notices, and payment-card problem notifications. We may also send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if any service is temporarily suspended for maintenance, the delivery of a service is delayed, or if there is some service issue with something you might have requested, we might send you a notice. You may not opt out of these communications, which are not promotional in nature, unless you cancel your membership or we are required to remove your details from database.
Legal Matters; Safety. We may access and disclose your information, any communications sent or received by you, and any other information that we may have about you or your account required by law (including but not limited to court orders or subpoenas witness summonses). Additionally, we may disclose your information in situations that we believe to be emergencies involving potential threats to the physical safety of any person or property if we believe that your information in any way relates to that threat. We also may be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
Sale or Transfer of Business or Assets. In the event that we, or any of our businesses, are sold or disposed of as a going concern, whether by merger, sale of assets, or otherwise, or in the event of an insolvency, bankruptcy, or receivership, Personal Information of our visitors and members may be one of the assets sold or merged in connection with that transaction. Information about our visitors may also need to be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, support, or funding.
Automated Decision Making. As part of the membership sign-up, or the delivery of our services, we do not currently employ any Automated Decision Making technology or processes. If our operations change as to incorporate this technology, applicable policies will be revised and required communications will be made.
You have a choice about how we use your Personal Information, and you may choose to amend how we use your Personal Information at any time by deactivating your account or changing your account preferences. When you deactivate your account, you will not be able to use our Services and your Personal Information will not be capable of being viewed through our Site. However, even after you deactivate your account, your Personal Information including, name and email address, may be retained by us as backup copies for legal and compliance reasons.
You can also contact us to find out if we are processing your Personal Information. If we are, you can ask us what Personal Information of yours we hold and what we do with your Personal Information. If you would like, we can also provide you with a copy of any of your Personal Information that we hold.
If, once you've spoken with us, you find out that the Personal Information that we hold about you is incorrect or incomplete, please let us know and we will correct any mistakes.
If you want us to stop using or to delete your Personal Information, you can contact us and tell us why. In certain circumstances we may be entitled to refuse your request but, if that is the case, we'll let you know and tell you why.
If you wish to speak to us in relation to any of these rights to deactivate your account or to notify us of a profile created without your knowledge or authorization, please contact us at [email protected]
You may wish to opt out of receiving future promotional communications or close your account by emailing us at [email protected]
If you prefer not to receive electronic promotional communications from us, you can also opt out by following the 'Unsubscribe' instructions included in each communication we send to you.
Please note that changes may not be effective immediately. In each event, you must clearly indicate the information that you wish to have changed or clearly indicate that you wish to have your Personal Information removed from our database. We will endeavour to comply with your request as soon as reasonably possible. We will inform any applicable third parties who we have shared your Personal Information with of your request.
Data Security. When you enter credit card information on our registration or order forms, we encrypt that information using Secure Sockets Layer technology (SSL). While using the encryption software, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just 'surfing'. We also take precautions offline to protect your information.
Data Integrity. We only process Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorised by the individual. To the extent necessary for those purposes, We shall take reasonable steps to ensure that Personal Information is accurate, complete, current, and reliable for its intended use.
Children's Privacy. The Site is not directed or intended for children under 13 years of age. We do not knowingly collect Personal Information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide Personal Information on the Site.
Our obligations to you under the Privacy Shield
Clarus Direct has certified that it complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce and approved by the European Commission regarding the collection, use, and retention of Personal Information transferred from the European Union to the United States.
Clarus Direct has certified to the Department of Commerce that that it adheres to the Privacy Shield principles of: (1) Notice; (2) Choice; (3) Accountability for Onward Transfer; (4) Security; (5) Data Integrity and Purpose Limitation; (6) Access; and (7) Recourse, Enforcement and Liability in respect of any Personal Information received from the European Union or Switzerland in reliance on the Privacy Shield (the "Privacy Shield Principles").
The Federal Trade Commission has jurisdiction over Clarus Direct's compliance with the Privacy Shield.
Accountability and liability to onward transfer. Clarus Direct may be liable in cases of onward transfer of EU individuals' data to third parties received pursuant to the Privacy Shield.
Company has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
The services of BBB EU PRIVACY SHIELD are provided at no cost to you.
Where you believe that we have not acted in accordance with the Privacy Shield Principles you may, under certain conditions, be able to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. In order to invoke the Privacy Shield arbitration procedure you must have complied with all of the Privacy Shield Pre-Arbitration Requirements. If you believe that you have the right to invoke binding arbitration, you must notify us at [[email protected]], and give a summary of steps taken under the Privacy Shield Pre-Arbitration Requirements to resolve your claim, a description of the alleged violation, and, if you wish, any supporting documents and materials and/or a discussion of law relating to the alleged claim.
Clarus Direct commits to cooperate with the panel established by the EU data protection authorities and comply with the advice given by the panel with regard to data transferred from the EU.
In the EEA, you may also make a complaint to our supervisory body for data protection matters (namely the Information Commissioner's Office) or seek a remedy through local courts if you believe your rights have been breached.
You can also contact our Data Protection Officer by sending an email to [email protected]
Copyright © 2019 Clarus Direct. All rights reserved.