Last updated 2/26/21
Recipients of text messages from shortcodes 97000, 94000, or 55498 – to opt-out at any time: Text STOP to 97000, 94000, or 55498.
To stop receiving text messages from Clearstream or a user of Clearstream, you may reply to any message you have received with one of the following words: STOP, QUIT, END, CANCEL, or UNSUBSCRIBE. If you have subscribed to multiple campaigns on one shortcode (97000, 94000, or 55498), you may reply with one of the following words to stop all messages: STOP ALL, QUIT ALL, END ALL, CANCEL ALL, or UNSUBSCRIBE ALL.
If you are having trouble opting out of a campaign on our shortcodes, [97000, 94000, or 55498], please call 917-818-4557 for assistance.
To receive help with any messages from Clearstream or a user of Clearstream, you may reply to any message you have received with the word HELP at any time. If you are having trouble receiving help, please call 917-818-4557 for assistance.
Message and Data Rates May Apply. Message Frequency Varies.
Who can use Clearstream
Clearstream is a web-based text messaging application for churches, non-profits, education and government organizations.
Clearstream does not allow or permit promotional, advertising, or marketing content/programs on its text messaging platform.
This page outlines the terms under which Clearstream, LLC (“we” or “us”) provides you with our website, clearstream.io (the “Site”), and our Clearstream text messaging software platform (the “Platform”). These terms of service (“Terms of Service”) govern all use of the Platform, the Site, and all content, services and products available at, or through, the Site and Platform (collectively the foregoing are referred to as the “Services”).
These Terms of Service are subject to change. We may, in our sole discretion, revise the Terms of Service at any time by updating this page. You should visit this page periodically to review the Terms of Service, as it is binding upon you.
Please be advised that this Agreement contains provisions that govern how disputes between us are resolved, including arbitration, a jury trial waiver and a class action waiver.
1. The Services
We are happy to provide you with the Services, which include the Clearstream web-based software and mobile app. The Services allow organizations to communicate with their members, visitors, staff, and volunteers via text message (so long as the recipients have provided their consent to receive text messages). As always, message and data rates may apply for any messages sent/received through the Services. Message frequency varies. If you have any questions about your own text or data plan, please contact your wireless provider.
Please note that you use the Services at your own risk. We do not warrant that the Services will be error-free, generate a desired result, or increase productivity.
2. Users of the Services
There are four categories of users: Customers, Organization Administrators, Authorized Users and Individuals. Each type of user has different permissions and responsibilities, which are more fully defined below. Note we use the term “you” in these Terms of Service to refer to the user of the Services (whether you are a Customer, Organization Administrator, Authorized User, or Individual).
The organization (e.g., the Church or the non-profit entity) is our customer (the “Customer”). An individual who has the full authority to enter into binding contracts and conduct business on behalf of the Customer (the “Account Owner”) must be the person who creates the Clearstream account on Customer’s behalf (the “Account”). We may require the Account Owner to provide proof of authority to enter into contracts on behalf of the Customer, and we reserve the right to suspend the Customer’s access to the Services until such proof is provided. However, we specifically disclaim all liability for an Account that was opened by an individual who had no authority to do so on Customer’s behalf.
By creating an Account, Customer represents and warrants that the Account Owner has full authority to create the Account; that all registration information that the Account Owner submits is truthful and accurate; and that Customer will maintain the accuracy of such information. If any of the Account information changes, the Account must be immediately updated with the current information. Information related to the Account can be changed or updated by logging into your Account and clicking on Settings. You can also contact us with questions on how to update or change your information by email at firstname.lastname@example.org.
The Account Owner has full access to manage the Account and use the Services. The Account Owner may also designate others to have full access to manage the Account and use the Services. These users and the Account Owner are collectively referred to herein as “Organization Administrators.” All Organization Administrators must have full authority to enter into binding contracts and conduct business on behalf of Customer. We may require the Organization Administrators to provide proof that they have the authority to enter into contracts on behalf of the Customer. However, we specifically disclaim all liability for the actions of Organization Administrators who had no authority to act on Customer’s behalf.
Organization Administrators may be added or deleted by another Organization Administrator. In the event an Organization Administrator is deleted, the Organization Administrator shall cease to have access to the Services, the Account, and any information contained therein. In addition, an Organization Administrator, acting on behalf of the Customer, may delete the Account and therefore all data and information related to the Customer’s Account. Organization Administrators, acting on behalf of the Customer, may also change information in the Account (such as signing up for a different payment plan or adding/removing features). However, Organization Administrator’s shall not take any action or inaction that is disparaging to the Customer or contrary to the Customer’s mission or instructions. We are not liable for the conduct of a Customer or Organization Administrator, including, without limitation, deletion of data, improper use of data, inappropriate information posted, violation of laws related to privacy, or any other conduct by a Customer or Organization Administrator.
In the event of a conflict among Organization Administrators or between Organization Administrators and the Customer, the Customer must resolve the issue and provide us with written instructions on how to proceed that are signed by the Chief Executive of the organization. We will proceed based on those instructions. In the event of a conflict over the identity of the Chief Executive, we will act in accordance to a court order that names the Chief Executive. If a dispute requires us to engage counsel, the Customer agrees to pay our fees and costs. We may suspend the Services and/or Account until said conflict is resolved.
“Authorized Users” are users who are granted permission to access the Services by an Organization Administrator. However, Authorized Users will not have access to the same administrative features as Organization Administrators. For example, Authorized Users may create and send messages and reply to Individuals through the account Inbox. However, Authorized Users do not have the ability to edit account billing and payment information. Authorized Users acknowledge and agree that an Organization Administrator or another Authorized User may (a) remove their access to the Services; (b) delete or change any information that such user has entered into the Services; or (c) delete the entire Account, which would result in the deletion of all data from Authorized Users.
Authorized Users shall not take any action or inaction that: interferes with the Customer’s ability to use the Services, is disparaging to the Customer, or is contrary to the Customer’s mission and/or instructions.
“Individuals” are those who receive messages from the Customer through the Services who (a) have a connection with the Customer (e.g., a member of the congregation, a visitor of the church, or a staff member) and (b) have given their explicit written consent to the Customer to receive text messages from the Customer. The Customer must ensure that individuals HAVE GIVEN THEIR EXPLICIT WRITTEN CONSENT TO THE CUSTOMER TO RECEIVE TEXT MESSAGES AND AGREE TO THESE TERMS OF SERVICE. Customer will indemnify and hold us harmless from any claim or dispute arising out of the failure to obtain the individual’s consent to receive messages through the Services.
Individuals acknowledge and agree that the Customer and its agents can view, access and use the information and data that Individuals have sent through the Services. For example, Individuals understand and agree that any text messages they send through the Services may be stored, viewed, and accessed by the Customer. Individuals also acknowledge and agree that text messages sent to Customer may elicit replies from Customer or Customer’s representatives.
3. Responsibilities of Customers, Organization Administrators, Authorized Users, and Individuals
Responsibilities of the Customer
The Services allow the Customer, Organization Administrators, Authorized Users and Individuals to enter, send and receive content and data (“Customer Data”). Customer Data may include or incorporate information related to third party individuals – for example, the names and telephone numbers of others (“Third-Party Information”). The Customer represents and warrants that it has the rights, basis, and permissions to enter, send and receive the Customer Data and Third-Party Information through the Services. Customer further understands and agrees that it shall bear all responsibility for the Customer Data and Third-Party Information, and Customer shall be responsible for resolving all disputes involving the Customer Data and Third-Party Information.
In the event that we are contacted by a person who has a dispute related to the Customer Data or Third-Party Information, we will notify Customer within 45 days. We have the right to suspend or terminate the Customer’s Account until the Customer and said person resolve their dispute. The Customer represents and warrants that it will hold us harmless from all claims and/or disputes related to the Customer Data and Third-Party Information, as more fully described in Section 17 (Indemnification).
To be clear, Customer is responsible for complying with all applicable laws, rules and regulations, and represents and warrants that it and its Organization Administrators, Authorized Users and Individuals will not use the Services in a manner that violates the laws, rules and regulations in the applicable jurisdiction.
YOU MAY NOT SEND ANY MESSAGE TO A RECIPIENT WHO HAS NOT GIVEN, THROUGH WRITTEN OR ELECTRONIC OR DIGITAL CONSENT, HIS/HER/THEIR CONSENT TO RECEIVE SUCH MESSAGES. WHEN A CUSTOMER OPTS OUT OF RECEIVING ANY FURTHER MESSAGES, CLEARSTREAM WILL AUTOMATICALLY REMOVE THE OPTED-OUT CUSTOMER FROM YOUR ACCOUNT.
Responsibilities of the Organization Administrator
Organization Administrators shall follow the instructions of the Customer, and shall comply with the Customer’s policies and practices that are relevant to the use of the Services. Organization Administrators shall also provide us with all necessary rights, permissions and/or consents necessary to grant us the rights and licenses in these Terms of Service, and all rights, permissions and/or consents necessary for the lawful use and transmission of personal information and data that is required for the use and operation of the Services.
Responsibilities of Authorized Users and Individuals
Responsibilities of all Users
All users of the Services (whether you are a Customer, Organization Administrator, Authorized User or Individual) are responsible for their respective usernames, passwords, and the security of their devices and their Clearstream Account (if applicable). You may never use another’s username and password. You may not allow others to access or use the Services with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).
In addition, all users of the Services who sign up for an Account are responsible for providing their legal full name, a valid email address or mobile phone number, and any other information requested in order to complete the signup process. If any of this information changes, the information must be immediately updated with the current information. Information can be changed or updated by logging into your Account, clicking on Settings and modifying the pertinent information. All users can also contact us with questions on how to update or change their information by email at email@example.com.
Finally, all users of the Services shall be responsible for complying with these Terms of Service, and further understand and agree that they are responsible for all information, data and content that they enter into, or send through, the Services, and all activity that occurs while using the Services.
4. Requirements For Use
a. Use the Services only for the Acceptable Uses, and not for any illegal or prohibited purpose.
As one of the conditions of your use of the Services, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Services for anything other than to send and receive communications related to your church or non-profit organization (the “Intended Purpose”). You shall NOT use the Services in any manner that is defamatory, sexually explicit, harassing, illegal, prohibited by law or otherwise prohibited by these Terms of Service.
b. Comply with laws in your jurisdiction
Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information exported from the United States or the country in which you reside.
c. Be over the age of 18; Don’t send messages to those under 18
You must be at least the age of 18 to use the Services. Again, you must be over the age of 18 to receive or send data and content through the Services. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and in violation of these Terms of Service. By using the Services, you represent and warrant that you are over the age of 18 and you have the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service.
You also represent and warrant that you will not use the Services to send data or content to those under the age of 18. Sending any data or content to those under the age of 18 is strictly prohibited and in violation of these Terms of Service.
d. Obtain explicit written consent from recipients before sending messages
You must not use the Services to send data or content to another unless and until you have received that person’s explicit written consent to do so. You must document and save the written consent for the duration of your use of the Services.
e. Not be previously prohibited from using the Services
The Services may not be used by anyone we previously prohibited from using the Services.
f. Be a human
Accounts registered by “bots” or other automated methods are not permitted.
g. Don’t send certain messages explicitly prohibited by these Terms of Service
You shall not send any messages through the Services that contain content or data related to the following:
- SHAFT (sex, hate, alcohol, firearms, tobacco)
- Loan origination and matching
- Payday loans
- Short-term loans
- Auto loans
- Mortgage loans
- Student loans
- Debt consolidation and reduction
- Investment opportunities
- Credit repair programs
- Tax relief programs
- Work from home programs
5. Acceptable Use of the Services
You agree that you will only use the Services for the Intended Purpose. You specifically agree that you will NOT:
- Use the Services if you are under the age of 18.
- Use the Services to send content or data to those under the age of 18.
- Use the Services to send content or data to those who have not given their explicit written consent to receive content or data via text message from you.
- Use the Services to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
- Use the Services to “stalk” or otherwise harass another.
- Use the Services to collect or store personally identifying information about others without their explicit written permission.
- Use the Services to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
- Use the Services to send any messages otherwise prohibited by these terms, including but not limited to the types of messages specifically listed in 4(g), above.
- When signing up for the Services, use misleading email address or enter false and/or misleading information.
- Use the Services to upload, post, email, message, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use the Services to upload, post, email, message, or otherwise transmit, or post links to any content or information that facilitates hacking.
- Use the Services to upload, post, email, message, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
- Use the Services to upload, post, email, message, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Use the Services to upload, post, email, message, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer or mobile phone software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
- Conduct your own contests and promotions using the Services, or use the Services to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants.
- Incorporate information or content from our Services into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.
- Sell, distribute or make any commercial use of third-party information or content in a manner that could be expected to offend the person for whom the third-party information or content is relevant.
- Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time, unless said system is by an API that is specifically approved of by us.
- Interfere with or disrupt the Services or servers or networks connected to the Services.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Services.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.
6. Monitoring, Security, and Third-Party Payment Processing
While we take the security of the Services very seriously, we cannot ensure or guarantee the security of the Services, Platform, or our Site. Any such use shall be at your sole risk, and you shall relieve us and our affiliates of all liability in connection therewith.
c. Third Party Payment Processing
We use third parties to process payments related to the Services, which is currently Stripe. Therefore, you may be asked by the third-party payment processor to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any third-party payment processor will be accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. We are in no way responsible for any charges you incur when making purchases or other transactions. We may retain sufficient personal information from your purchase to report to the IRS or other government authority, and retain such information for at least the minimum statutory period.
7. Pricing and Payment Options, Agreement to Pay, Recurring Billing, Upgrades & Downgrades, Free Trials & Special Offers, and Refunds.
- Pricing Options
By signing up for an Account and using the Services, you agree to pay the amount that corresponds to the pricing plan that you selected. Each pricing plan has different features, and can be viewed here: https://clearstream.io/pricing/. You can also purchase additional packets of messages within your account, which do not expire.
We reserve the right to change the price you pay for the Services upon thirty (30) days prior written notice to you, at the email address which corresponds to your Account. You can cancel your Account at any time by logging into your Account and going to Settings, then clicking on “Plan,” and changing your plan. Or you can cancel by emailing us at firstname.lastname@example.org.
- Agreement to Pay
If you elect to use your credit card or debit card to make a payment for the Services, we will process your payment through Stripe. You agree to pay the amount charged for the payment plan that you selected.
You are also responsible for paying any sales and use taxes that may apply to your purchase. If you do not pay on time or if your payment method cannot be charged for any reason, we reserve the right to either suspend or terminate the Services, your access to the Platform, and your Account. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your Services for this reason. Our third-party payment service providers (Stripe) may receive updated payment/banking information from your credit card or payment method issuer. The disbursement of this updated information is provided at the election of your credit card and payment method issuer. Neither we nor our third-party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
- Automatic Renewal.
If you create an account and sign up for the Services, your payment method will be automatically charged every month for the payment plan you selected on the day of the month that you initially signed up for the plan (unless you signed up for the Free Plan). We will continue to charge your credit card each month on the same day of the month that your credit card was first charged until you cancel your Account or downgrade to the Free Plan. For example, if you signed up for an Account on April 16, your payment method will be charged May 16, June 16, July 16, and so forth.
To be clear, if you sign up for an Account, YOUR CREDIT CARD WILL BE AUTOMATICALLY CHARGED THE AMOUNT OF MONEY WHICH CORRESPONDS TO THE PAYMENT PLAN YOU SELECTED, AND YOUR ACCESS TO THE SERVICES WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS OF ONE MONTH. AS SUCH, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT THE THEN-CURRENT RATE ON THE SAME DAY OF THE MONTH, EACH MONTH, UNTIL YOU CANCEL YOUR ACCOUNT.
If you cancel your Account (or downgrade to the Free Plan) 24 hours prior to the date your payment method will be charged, you will not be charged for the next month. See Section 8, below, for how to cancel your Account.
- Upgrades and Downgrades
Optional paid services, such as extra capacity, are available on the Services (any such services, an “Upgrade”). You may also downgrade your current Services. You can upgrade or downgrade your plan by going to your Account, Settings, and selecting the billing section to change your plan. Or you can email us at email@example.com.
For any upgrade or downgrade in plan level, the credit card you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Services may cause the loss of content, information, features, or capacity of your Account. We shall not be liable for any such loss.
- Free Plan and Free Trials
We currently offer a Free Plan for the Services. We will not charge for you for this plan, unless you upgrade the Free Plan to one of the paid plans.
We may offer free trials for the Services. Your payment method will be automatically charged the corresponding fee for the Services after the free trial ends. If you do not wish to be charged for the Services, please make sure to cancel your free trial before the last day of the free trial.
The Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months of the Services. In order to treat everyone equally, no exceptions will be made.
8. Cancellation And Termination
- How to Cancel your Account
You are solely responsible for properly cancelling your Account. To cancel, you may log into your Account and go to Settings, then click on “Plan” to change your plan. Or you can cancel by emailing us at firstname.lastname@example.org. We will then proceed with taking the steps to cancel your Account, depending on which you specify. However, please be aware that if you cancel your Account, you will no longer have access to the Services and all data and content that you entered into, sent or received through the Services may be deleted (without the ability for recovery).
Please note that we do not offer refunds if your Account is cancelled or terminated before the end of the month.
- We may Cancel (or suspend) your Account
We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of the Services for any reason at any time, including a violation of these Terms of Service. In addition, in the event you fail to remit payment for the Services, we will suspend your Account and, after 30 days, we will terminate your Account. In the event we terminate your Account, the termination will result in (i) the deactivation or deletion of your Account, and (ii) the forfeiture and relinquishment of all data and content you entered into, sent or received through the Services. After termination, you will no longer have access to the Services or the data in your Account. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.
9. Opting-out of messages
RECIPIENTS OF TEXT MESSAGES FROM SHORTCODES 97000, 94000, OR 55498: You may opt-out of receiving messages from the Services at any time by texting STOP to 97000, 94000, or 55498.
To stop receiving text messages from us or another user of our Services, you may reply to any message you have received with one of the following words: STOP, QUIT, END, CANCEL, or UNSUBSCRIBE. If you have subscribed to multiple campaigns on one shortcode (97000, 94000, or 55498), you may reply with one of the following words to stop all messages: STOP ALL, QUIT ALL, END ALL, CANCEL ALL, or UNSUBSCRIBE ALL.
After you send the message STOP, QUIT, END, CANCEL or UNSUBSCRIBE to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
If you are having trouble opting out of a campaign on our shortcodes [97000, 94000, or 55498] please call 917-818-4557 for assistance.
As always, Message and Data Rates May Apply. Message Frequency Varies.
10. Support for the Services.
The Services include access to email support at email@example.com, live chat through the Site, and phone support. “Email support” and “live chat” means the ability to make requests for technical support assistance by email or chat at any time (with reasonable efforts by us to respond to you within three business days) concerning the use of the Services. All support will be provided in accordance with our internal policies and procedures.
To receive help with any messages that you received or are trying to send through the Services, you may reply to any message you have received through the services with the word HELP at any time. If you are having trouble receiving help, please call 917-818-4557 for assistance.
11. Third Party Connectivity with the Services
You specifically represent and warrant that if you use the Services with a third-party product or platform (for example, via an integration or API), is at your own risk. You specifically acknowledge and agree that we are not responsible for damage and/or liability if you use the Services with a third-party product. To be clear:
- We are not responsible if you or your profile is banned from a social media platform.
- Don’t mix our service with other automation tools.
- We are not affiliated with any third-party social media sites in any way.
- It is your sole responsibility to comply with third party’s terms of service.
- In order to provide you with the Services, we must obtain required information for interacting with third-party services.
- We can’t guarantee any specific outcome from using the Services.
- We can’t guarantee the continuous, uninterrupted or error-free operation of the Services.
- You assume all responsibility for the results of your actions while using the Services.
- We reserve the right to modify, suspend or withdraw the whole or any part of our service or any of its content at any time without notice and without incurring any liability.
- You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the Services.
12. Discontinuation of the Services.
We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to our Services, including the Platform (or any part thereof), with or without notice.
13. Intellectual Property Rights.
a. Our Intellectual Property
Our Services, including but not limited to the Platform and the text, graphics, images, logos, buttons, icons, software and other materials and the overall “look” and “feel” of the Platform, are (a) our property, and (b) our protected patents, copyrights, trademarks, and service marks (the “Company IP”). Content which is not created by us (including all other third-party product and service marks) is the property of their respective owners. Unauthorized use of the Company IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, make derivatives of, or distribute the Company IP unless you obtain our explicit written consent. We grant you a license to use the Company IP for the sole purpose of accessing and using the Services. Upon termination or suspension of your Account and/or your discontinuance of the Services, you must immediately cease and desist using the Company IP (and the Services in general).
b. Your Intellectual Property
We claim no intellectual property rights over your Customer Data (the data and content which you enter into, send or receive through the Services). However, we ask that you respect the law, and not violate anyone’s intellectual property rights. Thus, you represent and warrant that:
- The Customer Data does not and will not violate third-party rights of any kind, including without limitation third-party copyrights, trademarks, or rights of privacy or publicity.
- The Customer Data does not violate these Terms of Service, and falls within the Acceptable Uses section of these Terms of Service.
- The Customer Data does not include any Company IP.
- There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of the Customer Data, or which might in any way impair the rights granted by you under these Terms of Service.
- You own all right, title and interest in the Customer Data, or, if the Customer Data incorporates (i) content/information created by another individual/entity or (ii) content/information from and/or about another individual/entity (collectively, “Additional Content”), you represent and warrant that you have all rights, licenses and applicable permissions required by law to post and use the Additional Content.
In addition to the foregoing, you acknowledge and agree that we may store and/or disclose, as applicable, any Customer Data if we are required to do so by law, or if we have a good faith belief that such storage or disclosure is reasonably necessary to (a) comply with court orders or other legal processes; (b) to enforce these Terms of Service; (c) to respond to any claims that such content (or your use of the same) violates any third party’s rights; or (d) to protect our rights, property or personal safety, our business partners, affiliates, licensors and/or licensees, any other subscriber or member of our Services, or the general public.
c. License of the Customer Data
You expressly grant us, and you represent and warrant that you have all rights necessary to grant to us, a worldwide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use the Customer Data to provide the Services.
d. Reservation of rights in keywords
We reserve the right to reclaim any keywords used on a Clearstream shortcode that are (a) not in use for greater than 90 days; (b) are used in an Account which is on the “Free” payment plan; or (c) pose of risk of violation of carrier guidelines. You can learn more about keywords here: http://help.clearstream.io/en/articles/1048579-what-s-the-difference-between-keywords-and-lists.
e. Copyright Infringement
We are committed to protecting copyrights and expect our users to do the same. If the owner of a proprietary work believes that a user of our Services is using his/her/its proprietary work and that work has been copied in a way that constitutes a copyright infringement, please send a written notification (see below for details) to our copyright agent at the following address:
13 Palafox Place Pensacola, Florida 32502
Or email firstname.lastname@example.org
Notification. The written notification should include substantially the following information in the following format:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that the copyright owner claims has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on/in the Services;
- Information reasonably sufficient to permit us to contact the copyright owner, such as his/her/its address, telephone number, and, e-mail address;
- A statement that the copyright owner (or his/her/its representative) has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that the signatory is the copyright owner or is authorized to act on behalf of the owner.
Counter Notification. If you disagree that you are infringing on another’s work, you may elect to send us a counter notice in the following format:
- A physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
These Terms of Service are not legal advice, and before sending either a copyright infringement notification or counter notification, you may wish to contact a lawyer to better understand your rights and obligations the applicable laws.
14. Changes to these Terms of Service.
We reserve the right, at its sole discretion, to modify or replace any part of these Terms of Service. When we do, we will post the notification at on the Site and put a banner notice on the homepage of the Site for seven (7) days. It is your responsibility to check back to these Terms of Service periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service.
15. Email Notifications and Your Communications With Us
a. Email Notification & How to Opt-Out
You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Services, including any notices required by law, in lieu of communication by postal mail. Therefore, you must make sure the email address listed under your “Account Information” section is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us at email@example.com.
If you do not want to receive non-legal notices by email, please opt out by contacting us at firstname.lastname@example.org.
b. Your Communications with us regarding improvements to the Services
You may contact us by email at email@example.com, or by phone at +1 917-818-4557. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them – but any submission will be subject to these Terms of Service. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF WE SO DESIRE, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
16. Disclaimers and Warranties
a. Release and Limitations of Liability
You agree to release us and our employees, directors and officers from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Service and/or your use of the Services.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION), OR DAMAGES RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SERVICES AND/OR THE DATA AND CONTENT WITHIN THE SERVICES (INCLUDING BUT NOT LIMITED TO THE PLATFORM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES.
By entering into these Terms of Service you acknowledge and agree that we are simply providing the Services, and that we make no warranties of any kind relating to the Services (which include but are not limited to the Platform), any data or content contained within or related to the Services, any data or content available through Services, and documents or information available through the Services. Furthermore, nothing on or within Services shall be considered an endorsement, representation, assumption of, responsibility or warranty with respect to any third party, whether in regard to their website, products, technologies, services, business practices or otherwise.
WE DO NOT WARRANT THAT OUR SERVICES, OR THE CONTENT AVAILABLE ON OR THROUGH THE SERVICES (INCLUDING BUT NOT LIMITED TO THE PLAFORM ITSELF), WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, YOUR MOBILE DEVICE, AND THE INTERNET IN GENERAL. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF SOFTWARE, TEXT, GRAPHICS AND LINKS.
SPECIFICALLY, WE DO NOT PROMISE OR WARRANT THAT YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO YOUR USE OF THE PLATFORM) WILL RESULT IN IMPROVEMENT OF YOUR ORGANIZATION, BETTER RELATIONSHIPS WITH OTHERS, MORE PRODUCTIVE EMPLOYEES, MEMBERS OR RELATIONSHIPS, PROFIT, OR BE A POSITIVE EXPERIENCE IN GENERAL.
c. Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
You agree to indemnify and hold harmless Clearstream, LLC, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of or relating to breach of these Terms of Service and your use of the Services, including but not limited to your violation of any other person’s intellectual property, your conduct (including but not limited to violations of the law), and your interactions with others while using the Services.
18. Arbitration, Jury Trial Waiver, Class Action Waiver and Right to Opt Out
a. Mandatory Arbitration
Please read this Section carefully. It is part of your agreement with us, and it affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
You agree that any dispute related to these Terms of Service, your use of the Services, or any dispute related to your relationship with us or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the Judicial Arbitration and Mediation Services (JAMS), located in Pensacola, Florida. The JAMS Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The JAMS Rules of Arbitration are available on JAM’s website, https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
b. Jury Trial Waiver
Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.
You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
c. Class Action Waiver
Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS.
ALL CLAIMS AND DISPUTES BETWEEN YOU AND US MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
d. 30-Day Right to Opt-Out of Arbitration, Jury Trial Waiver & Class Action Waiver
You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement by sending written notice of your decision to opt out to firstname.lastname@example.org (with the subject line: Opt-Out of Arbitration, Jury Trial Waiver and Class Action Waiver Provisions) within 30 days from the date you either (a) first begin use of the Services, or (b) create an Account, whichever is applicable and earlier. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply you must bring claims per the Section labeled “Governing Law,” below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in this Section. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement. Since the information provided in this Agreement is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.
19. Miscellaneous Provisions
a. Access outside the USA
We make no claims that the Services are appropriate or legal to be viewed by certain persons or in certain countries. If you access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
b. No waiver and partial validity
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term.
c. Equitable relief
You understand and agree that due to the nature of these Terms of Service, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Service by you.
d. Governing Law and jurisdiction
These Terms of Service are governed by the laws of the State of Florida without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Service shall be exclusively brought by arbitration in Pensacola, Florida. In the event the claim is not arbitrated (e.g., you have waived arbitration pursuant to Section 18c, above), you consent to the personal and exclusive jurisdiction of the courts located in Pensacola, Florida.
e. Entire agreement
These terms constitute our entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Services.
f. Digital admissibility
You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
20. Questions And Our Contact Information
Any questions or concerns should be addressed to our support team at email@example.com.
You can also reach us by phone at: +1 917-818-4557.
Data processed by Clearstream can be classified in two ways:
(1) Data that has been collected by us for our own purposes; and
(2) Data collected by our users and used for their purposes. For example, your church may collect data about you and use this data to communicate with you.
This policy specifically covers data that is collected by us. We are not responsible for, nor do we have control over, the use of data that is collected by users of Clearstream.
How We Collect Personal Information
When you sign up for Clearstream’s Services, we ask you to provide us with the following personal data:
- The name of the Organization (e.g., the church) you are affiliated with
- Your email address
- Your first name and last name
- Your phone number
- Cookies and Usage Data (discussed below)
We use this information for creating and administering your account, and in the ways described below. We also may use this information to contact you and send you newsletters, marketing or promotional materials, or other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by clicking on the unsubscribe link in the emails, or by contacting our support team at firstname.lastname@example.org.
Automatically while you are using Clearstream
We also automatically collect information on how Clearstream is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of Clearstream that you use/visit, the time and date of your visit or use, the time spent on those pages or features of Clearstream, unique device identifiers and other diagnostic data. We use this data to analyze Clearstream’s performance and make our services more effective.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse Clearstream
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of Clearstream.
Examples of Cookies we use:
- Essential Cookies: These cookies are essential to provide you with Clearstream. For example, they allow you to log in.
- Functionality Cookies: These cookies allow us to remember choices you make, or to provide certain features, such as enabling videos from third parties.
- Analytics and Performance Cookies: These cookies are used to collect information about traffic to our Services and how users use our Services.
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics, deliver advertisements on and through the Service, and so on.
- For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
- For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
- For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
- For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
- For any other web browser, please visit your web browser’s official web pages.
You can learn more about cookies from the following third-party websites:
- AllAboutCookies: http://www.allaboutcookies.org/
- Network Advertising Initiative: http://www.networkadvertising.org/
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
Through Carriers for Text Messaging Services
Clearstream’s Services include text messaging services. We share necessary personal information with the cell phone carriers to provide you with text messaging services. This may include data such as your affiliated organization, your first and last name, your specific carrier, and phone number. Additionally, the carriers may collect personal information data to support their business functions. This information is only used for the purposes for which it is provided.
When you choose to provide us with information
You may choose to provide us with personal information while interacting with us in various ways. For example, when you submit a request for help. This information is only used for the purposes for which it was provided.
How We Use Personal Information
We do not sell your personal data to others. We use collected information for the following general purposes:
We share information with third parties who provide services on our behalf to help with our business activities and to provide Clearstream. These companies are authorized to use your personal information only for the sole purpose of providing services to us. These services include:
- Processing payments
- Providing customer service
- Sending marketing communications, such as emails from Clearstream.
- Fulfilling subscription services
- Conducting research and analysis
- Providing and maintaining a cloud computing environment
- Fixing bugs
- Text messaging services
We use third parties to monitor and analyze the use of Clearstream. However, these services are configured in such a way that the third parties are not allowed to use your activity for their own purposes, such as personalizing ads on other websites.
Your information is not shared with or sold to other organizations for commercial purposes.
Retention of Data
Transfer of Data
Your information, including personal data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including personal data, to United States and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, we may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
We may disclose your personal data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of our company
- To prevent or investigate possible wrongdoing in connection with Clearstream
- To protect the personal safety of users of Clearstream or the public
- To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. If you have any questions about the security of your personal information, you can contact us at email@example.com
If a breach of data occurs within Clearstream, we will inform you via email at your last listed email address within 30 business days of discovering the breach. By using Clearstream, you acknowledge and agree that we may send you electronic notifications via email instead of notifications by mail.
Upon request, we will provide you with information about your personal data (such as the categories of personal information that we have collected about you, the specific pieces of personal data that we have collected about you, the categories of sources from which your personal information is collected, the purpose for collecting your personal information, and the categories of third parties with whom the business shares your personal information). You may request access, correct, request the deletion of, or object to our use of your personal information by contacting us at firstname.lastname@example.org or calling us at +1 (917) 818-4557. If you email us, please include “Personal Data Inquiry” as the subject line. Please note that we may ask you to verify your identity before responding to such requests. We will respond to your request within a reasonable timeframe and as set forth by the applicable laws. No users seeking to exercise these rights will be discriminated against in their use of Clearstream.
In certain circumstances, we may be required by law to keep your personal information, or we may need to retain your personal information in order to continue providing Clearstream. Please note that we can only provide you with information about your personal data that we collect and use. We do not have control over, or information about, your personal data that other users collect or use.
If we don’t resolve your concern in a reasonable time frame, you have the right to lodge a complaint with your local supervisory authorities.
Right to Know
You have the right to ask us:
- What categories of personal information that have been collected
- What categories of sources from which the personal information is collected
- The categories of third parties that the business shares personal information with (which is also explained in this Privacy Polciy)
- The specific pieces of personal information that have been collected about you
You can ask us for this information and request access to your personal data by contacting us at email@example.com. Once you have made a request and we have verified it, we will respond within 45 days.
Right to Correction
You have the right to ask us to correct your personal data if it contains errors or inaccuracies. You may do so by emailing us at firstname.lastname@example.org
Right to Opt Out of Automated Decision Making Technology & Access Information about Automated Decision Making Technology
We currently do not use automated decision making technology with Clearstream. However, if we do in the future we will notify you via the email address we have on file, and post a notification on our website, Clearstream.io
Right to Restrict Sensitive Personal Data
Right to Data Portability
You may request that we provide your personal data to another entity (so long as it is technically feasible and legal for us to do so) in a commonly used and machine-readable format.
Selling Personal Information and The Right To Opt-Out
We do not currently sell (or trade, barter or exchange for money) your personal data to others. The use of your personal data is limited to the uses described above. If we change our policy, we will send you notice to the email address listed in your account with us. We will also post the notice on our website, Clearstream.io, for seven days.
Additionally, in accordance with the California Consumer Privacy Act, if you are a California resident, you have the right to request information regarding the disclosure of your Personal Data to third parties. In order to make any such request, please contact us at email@example.com.
If we do change our policy regarding the sale of your personal data, you have the right to request that we refrain from selling your personal data. If, in the future, we plan to sell any personal data, we will provide a mechanism where you can opt-out of the sale of your personal data.
Fair Information Practices
If a breach of data occurs with our Service, we will notify you via a notification posted on the website clearstream.io and via an email notification to the email you listed in your account with us within 30 business days of discovering the breach. By using Clearstream, you acknowledge and agree that we may send you electronic notifications via email for these notifications in lieu of notifications by mail. If you would still like to receive notifications by mail, you can let us know by contacting us.
Right to Request the Deletion of Personal Data
Pursuant to the California Consumer Privacy Act, California residents have a right to request that a business delete any personal data that has been collected from the consumer. In compliance with these provisions, upon a verifiable request we will delete the personal data you request that we delete. We will also notify third parties to delete any of your personal data, if we have provided them with your personal data. However, we will not delete (or ask third parties to delete) personal data if it is necessary to maintain the information in order to:
- Complete the transaction for which the personal data was collected, provide a good or service you requested, or reasonably anticipated within the context of our ongoing business relationship, or otherwise perform a contract between us.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impact existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Right to Equal Service
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
We may process your personal data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- To comply with the law
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your personal data. If you wish to be informed about what personal data we hold about you and if you want it to be removed from our systems, please contact us at firstname.lastname@example.org or at +1 (917) 818-4557. If you email us, please include “Personal Data Inquiry” as the subject line.
In certain circumstances, you have the following data protection rights:
- The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your personal data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Links to Other Sites
Children’s Use of Clearstream
We do not knowingly collect information from anyone under the age of 18. In order to use Clearstream, you must be old enough to consent to the collection of your personal data in your jurisdiction.
Please send any privacy-related concerns to email@example.com
Or by mail:
13 Palafox Place
Pensacola, Florida 32502
You can also call us at: +1 (917) 818-4557