General Privacy Policy

HB NEXT CORPORATION DOING BUSINESS AS CLEAR2 PRIVACY POLICY
Effective Date: June 1, 2020
Last Updated: June 1, 2020

HB Next Corporation doing business as Clear2 (referred to herein as “Clear2”, “we”, “our”, or “us”) and its affiliates recognizes the importance of protecting the personal information we may collect from visitors and any other individual or entity (“Users”, “you”, or “your”) who visit our web sites or who uses our mobile application. This Privacy Policy applies to the data collection and privacy practices of HB NEXT when we collect personal information through your use of the website, www.hbnext.com, applications, software, communications, capabilities and services (“Services”) accessible by any top-level HB NEXT domain owned by us (each, a “Site” and collectively the “Sites”), but excluding services that state that they are offered under a different privacy policy.

Our Privacy Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; (5) the choices we offer, including how to access and update information; (6) and the measures we take to keep your information safe. Specifically, our Privacy Policy covers the following topics:

1. When This Privacy Policy Applies
2. Terms of Service
3. Information We Collect
4. How We Use Personal Information We Collect
5. Your Failure to Provide Personal Information
6. Our Retention of Your Personal Information
7. Our Opt-in/Opt-out Policy
8. Third Party Links
9. International Transfer
10. How We Protect Personal Information
11. Children’s Privacy
12. Direct Marketing and “Do Not Track” Signals
13. Changes to this Privacy Policy
14. How to Contact Us

Please familiarize yourself with our privacy practices. By using the Sites or Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites or Services.

If you have any questions or comments about this Privacy Policy, please submit a request to privacy@hbnext.com.

When this Privacy Policy Applies

Our Privacy Policy applies to all of the Services offered by HB NEXT or use our Sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals or their information practices.

Terms of Service

By accessing or using the Sites in any manner, you also agree to be bound by Clear2’s Terms of Service (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites.

Information We Collect

We collect information, including personal information, to provide better services to all our Users. We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, email address, birthdate, digital identity, such as a login name or handle, information about your device, thermal information or similar sensory information, and certain metadata.

“Sensitive Personal Information” refers to a smaller subset of Personal Information which is considered more sensitive to the individual, such as genetic or biometric information and physical health information.

When you use our Services, we collect Personal Information in the following ways:

1. Information You Give to Us

• Website

You may choose to provide us with Personal Information about yourself, including your name and email address by completing forms on our website, such as when you request information about our Services or register for a program.

The Sites may offer interactive and social features that permit you to submit content and communicate with us. You may provide Personal Information to us when you post information in these interactive and social features. Please note that your postings in these areas of the Sites may be publicly accessible or accessible to other Users.

• Mobile Application

Certain information is required when creating an account to use our Services on the mobile application, such as your name, email address, user name and password.

In addition, when using the Services, you may choose to provide additional Personal Information such as:

• Gender
• Birth Date
• Location
• Physical condition such as bodily temperature
• Symptoms, such as whether you are experiencing a cough, chills, shortness of breath, muscle pain, headache, loss of taste or smell, and others
• Details concerning recent travel
• Exposure to someone with COVID-19 or COVID-19 symptoms
• Other health information

You can choose not to provide certain information, but then you may not be able to take advantage of some features of the Clear2 Services.

1. Information We Obtain from Your Use of Our Services

We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on Your mobile device. When you use our Site, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address; cookies that uniquely identify your browser, the referring web page and pages visited.  We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties.

• Location Data

If you grant us access to your location, Clear2 may collect information about your location when you use our Sites and Services. Your location can be determined by: IP address, GPS signal, QR Code and information about things near your device, such as Wi-Fi access points and cell towers.  When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for our mobile application, we may collect location data periodically as you use or leave open our mobile application. We may associate such location data with Personal Information you provide to us. Depending on the platform you use to access our Applications mobile application (e.g., Apple’s iOS, Google’s Android), you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the Applications mobile application.

• Device ID

When using our Services, we or our service provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better experience, such as to troubleshoot application problems you may experience. We may associate device ID with personal information you provide to us. You may learn more about opt out of any anonymous device ID collection via the privacy settings available within your mobile device.

1. Clear2 Partners

We may partner with third parties, such as employers, that offer Clear2 Services to their employees and customers. In such cases, those companies may provide us with your name, email address, or other personal data, including Sensitive Personal Information, so that we can invite you to participate in our Services.

1. Health and Other Special Categories of Personal Information

Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some demographic, health and/or health-related information that Clear2 collects as part of providing the Services may be considered “Protected Health Information” or “PHI.” HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. Clear2 handles all PHI in strict accordance with applicable laws and regulations. All Protected Health Information that Clear2 processes is used and disclosed by us as a Business Associate (as defined by HIPAA) according to the terms of a Business Associate Agreement between us and that healthcare provider.

1. Cookies and Similar Technologies

We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google, LinkedIn, Facebook, Instagram and similar partners.

The technologies we use for this automatic data collection may include:

Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services.

Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.

How We Use Personal Information We Collect

We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:

• To present, operate or improve the Site and Services, including analysis of Site activity;
• To inform you about Services and products available from Clear2;
• To authorize access to our Sites and Services;
• To validate your identity or verify communications from you;
• To offer and administer programs;
• To customize or tailor your experience of the Services;
• To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails;
• To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services;
• For marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you;
• To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
• To respond to and support users regarding their use of the Sites and Services;
• To administer general recordkeeping;
• To comply with all applicable legal requirements;
• To perform data analysis and testing;
• To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;

• To enforce our Terms and Conditions and other agreements;
• To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Users;
• To resolve disputes;
• To otherwise fulfill the purpose for which the information was provided.

We and our service providers may use IP addresses to understand the locations from which our Users are accessing the Services.  Except where prohibited by applicable law or regulation, we may combine information collected through one source with information obtained through other resources. We also may supplement the information we collect with information obtained from third parties. We will treat any information that we combine with your personal information as Personal Information pursuant to this Privacy Policy.

We use information collected from cookies and other technologies, to improve your User experience and the overall quality of our services. We may use your Personal Information to see which web pages you visit at our Site, which web site you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it.  We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.

Our Retention of Your Personal Information

We use and retain your Personal Information for as long as necessary to fulfill the purpose for which it is being processed, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).

Sharing Personal Information

Clear2 may disclose your Personal Information to commercial providers for a business purpose. When we disclose Personal Information for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract.

We disclose your Personal Information for a business purpose to the following categories of third parties:

• Our affiliates;
• Service providers and other third parties we use to support our business, including without limitation those performing core services (such as billing, credit card processing, customer support services, customer relationship management, accounting, auditing, administering sweepstakes, surveys, advertising and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business and/or the Services, and making certain functionalities to our Users;
• Commercial providers;
• Enterprise accounts, such as your employer or owners of the properties you may be authorized to access upon using the Clear2;
• Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with the services we provide to you. These third parties include landlords, businesses and stores which you wish to enter and with whom we may share your authorization status.

We may disclose your Personal Information for legal reasons. Specifically, we will share Personal Information with companies, organizations or individuals outside of Clear2 if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

• Fulfill any purpose for which you provide it;
• Meet any applicable law, regulation, legal process or enforceable governmental request;
• Enforce applicable Terms of Use, including investigation of potential violations;
• Detect, prevent, or otherwise address fraud, security or technical issues;
• Protect against harm to the rights, property, assets or safety of Clear2, our Users or the public, content found on the Services, or to protect the Services from unauthorized use or misuse, as required or permitted by law;
• Facilitate a business transfer, such as to a buyer or other successor in the event of merger, acquisition, consolidation, divestiture, change in control, dissolution or other sale or transfer of some or all of Clear2’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Clear2 about its Users will be among the assets to be transferred, and any such successor may use your information for the same purposes set forth in the Privacy Policy.
• For any other purpose disclosed when you provide the information; and,
• When we obtain your consent to do so.

We attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

Our Opt-in/Opt-out Policy

By providing an email address on the Clear2 Sites or Services, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any Service related notices, or to provide you with information about our events, invitations, or related educational information.

For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a User to submit or receive information, as the case may be.

We currently provide the following opt-out opportunities:

1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us to unsubscribe from the service.
2. At any time, you can contact us through privacy@hbnext.com or the address or telephone number provided below to unsubscribe from the service and opt-out of our right per your consent under the terms of this Privacy Policy to share your Personal Information.

Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service related notices.

• Your Ad Choices

As described above, we or third party partners may place or recognize a unique cookie on your browser when you visit our Sites for the purpose of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). You may find more information about entities involved in online advertising and additional choices you may make, including opt-out of having your information used for internet-based advertising, through the Network Advertising Initiative (“NAI”) at the NAI Service, and the Digital Advertising Alliance (the “DAA”) at the DAA consumer choice service. Clear2 is a participant in the online industry’s self-regulatory program administered by the DAA and has agreed to adhere to the DAA’s principles applicable to interest-based ads.

The tools provided at the DAA opt-out page and the NAI opt-out page are provided by third parties, not Clear2. Clear2 does not control or operate these tools or the choices that advertisers and others provide through these tools.

Third Party Links

The Sites may contain links to webpages operated by parties other than Clear2. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party’s website. Clear2 strongly recommends that each User review the third party’s terms and policies.

How We Protect Personal Information

Clear2 maintains administrative, technical and physical safeguards designed to protect the user’s Personal Information and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we and/or our service providers use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Information.

Although we take reasonable steps designed to protect your Personal Information, please be advised that no security system or means of transmitting data over the Internet can be guaranteed to be entirely secure (including without limitation with respect to computer viruses, malicious software and hacker attacks).  We cannot and do not guarantee or warrant the security of your Personal Information or any information you disclose or transmit to us.  We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of Personal Information that may affect you so that you can take the appropriate actions.

For your own privacy protection, we urge you to keep all passwords confidential.  We also recommend that you do not include sensitive information such as passwords, social security numbers or payment information, in any emails that you send to us. If you become aware of any breach of the terms of this Privacy Policy or of the security of the Services, please notify us by email at privacy@hbnext.com.

Children’s Privacy

The Sites and Services are not designed or intended to be used by anyone under the age of 16. If you are under the age of 16 (or a minor in the jurisdiction in which you are accessing our Sites or Services), do not use the Services, or make purchases via the Services, use any interactive features of the Services, or post any Personal Information to our Sites or submit any Personal Information via the Services. We do not knowingly or intentionally gather Personal Information about children who are under the age of 16.  If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 in the applicable jurisdiction, please contact us privacy@hbnext.com. If we learn that we have inadvertently collected the Personal Information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible and cease the use of that information in accordance with applicable law. 

Direct Marketing and “Do Not Track” Signals

Clear2 does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.

California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Information with third parties for marketing purposes. To make such a request you should send (a) an email to privacy@hbnext.com.com with the subject heading “California Privacy Rights,” or (b) a letter addressed to 1255 Lakes Parkway, Suite 385 Lawrenceville, GA 30043], Attention: Privacy Policy Inquiry.  In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response.  We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

Changes to this Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

How to Contact Us

If you have any questions, comments or concerns about this Privacy Policy, or if you would like to exercise the choices discussed above, please contact us:

Via e-mail: privacy@hbnext.com

By writing to us:

HB NEXT Corporation
Attn: Privacy Policy Inquiry
1255 Lakes Parkway
Suite 385
Lawrenceville, GA
30043