Last updated December 23, 2019
Summary of Changes
ClearCaptions provides this summary of recent changes pursuant to its right to change the private policy. ClearCaptions has incorporated a notice to Californian residents regarding ClearCaptions’ adherence to the California Consumer Privacy Act of 2018 (“CCPA”). Under the CCPA, consumers have the right to request deletion or disclosure of personal information collected by ClearCaptions, subject to certain restrictions. ClearCaptions does not sell the personal information it collects nor discriminate against customers who request such information be disclosed or deleted.
Collection of Information
Personally identifiable information (“Personal Information”) is information that can be used to identify or contact you. ClearCaptions generally collects Personal Information in two ways: (1) when you choose to use, register for, or purchase a service or product offered by ClearCaptions, or (2) when you choose to send an e-mail, fill out on-line forms, participate in surveys, or engage in other transactions or interactions with ClearCaptions. We also may collect non-personally identifiable information when you visit our ClearCaptions website(s), respond to e-mails or other informational communications, or register for or use the Web site, products or services of ClearCaptions.
In order to have access to certain ClearCaptions services, including without limitation caption relay services, you are required to complete an application or other registration form(s) and provide other information reasonably necessary for us to provide the products and/or services to you. Some examples of the type of information we collect in registration form(s) and when you use our products or services are: your name, your address(es) (i.e., physical location from where you access ClearCaptions services), your email address(es), your phone number(s), your IP address(es) and your usage of our services (including quantity, technical configuration, type, destination, location, and amount of use). In addition, FCC regulations require we collect your date of birth and last four digits of your Social Security number at registration.
ClearCaptions may place Internet “cookies” on user’s and visitors’ hard drives. Internet cookies save data about individual users and visitors, such as the person’s name, password, user-name, screen preferences, the pages of a site viewed by the visitor and the advertisements viewed or clicked by the user/visitor. When the user/visitor revisits ClearCaptions’ website, ClearCaptions may recognize the user/visitor by the Internet cookie and customize the experience accordingly. Users/Visitors may decline Internet cookies, if any, by using the appropriate feature of their web client software, if available.
Use of Personal Information Collected
We use the information we collect to provide you with our products and services and to respond to your questions. We also use the information for editorial and feedback purposes, for marketing and promotional purposes, to inform advertisers as to how many visitors have seen or clicked on their advertisements and to customize the content and layout of ClearCaptions’ site. We also use the information we collect for statistical analysis of users’ behavior, for product development, for content improvement, to ensure our products and services remain functioning and secure and to investigate and protect against any illegal activities or violations of our Terms of Service.
ClearCaptions may also use personal information in connection with federal or other legal requirements, such as responding to subpoena or court order, or providing information for purposes of emergency communications. Aggregate data on home servers may be used for internal purposes or provided to third parties such as advertisers. Individually identifying information, such as names, postal and email addresses, phone numbers and other personal information which visitors voluntarily provide to ClearCaptions may be (i) added to ClearCaptions’ databases and used for future calls and mailings regarding site updates, new products and services, upcoming events, and status of orders placed online, or (ii) provided to reputable third parties who provide products and services in support of ClearCaptions’ services.
Customer Proprietary Network Information (CPNI)
Customer Proprietary Network Information (CPNI) is information that ClearCaptions and other telecommunications relay service (TRS) providers obtain when providing customers with relay service. CPNI includes the types of relay a customer uses, the amount of relay calls made and the location of those calls.
ClearCaptions may use or disclose CPNI without further authorization from you under the following circumstances: to provide you with caption relay service and phones, to process 911 calls, for installation, maintenance and repair of our products and services, to offer you additional caption features and services of the type you already registered for with ClearCaptions, in response to legal requirements such as subpoena or court order, upon request from the FCC’s Telecommunications Relay Service Fund, to prevent fraud, abuse, or misuse of the service(s) and to protect the rights and property of ClearCaptions.
ClearCaptions may also use or disclose CPNI to other authorized companies to offer you products and services that may be different from the types of services you already use. ClearCaptions asks for your consent to do this during your registration process. At any time you may choose to opt out of this use of your CPNI for marketing purposes. Consumers have the right to deny any telecommunications relay service (TRS) provider the right to use, disclose or permit access to customer CPNI for certain marketing purposes, and TRS providers have a duty under federal law to honor the customer’s right and to protect the confidentiality of CPNI.
If you wish to restrict ClearCaptions’ use of your CPNI for marketing purposes, you may do the following: 1. Log in at www.clearcaptions.com; 2. Go to the Email & Password section of your User Profile; and 3. Uncheck the CPNI Opt-in checkbox. Alternatively, you may contact ClearCaptions Customer Care at 866-868-8695.
Your approval or denial for use of CPNI for these marketing purposes will not affect ClearCaptions’ provision of relay services to you; however, the lack of access to CPNI may prohibit ClearCaptions and its affiliates or authorized companies from offering you new and different services that may be of interest to you and tailored to your relay needs. Your approval or denial for use of CPNI outside of the service for which ClearCaptions and its affiliates are your default provider will stay in place until you change it.
ClearCaptions has implemented various security features to prevent the unauthorized release of or access to Personal Information. In particular, when a person registers, fills out an online form, or places an order on this site (if any) or accesses his or her account information (if any), ClearCaptions offers the person the ability to use a secure server. The secure server encrypts all information a visitor inputs before it is sent to ClearCaptions, and is also used to securely store personal information. Please be advised, however, that while ClearCaptions has endeavored to create a secure and reliable site for visitors, the confidentiality of any communication or material transmitted to/from ClearCaptions via this site or e-mail cannot be guaranteed. Accordingly, ClearCaptions is not responsible for the security of information transmitted via the Internet.
Disclosure of Personal Data to Third Parties
Any third party to which ClearCaptions shares otherwise discloses personal data will be under a contractual obligation to use the personal data for services which ClearCaptions determines, in its sole judgment, that visitors might find of interest. ClearCaptions will use its reasonable efforts to identify such third parties who may have services of interest to visitors to ClearCaptions’ site; however, such parties are independent third parties over which ClearCaptions exercises no control, and therefore ClearCaptions is not responsible for their conduct, products, or services, and will not be liable therefore. ClearCaptions will disclose to third parties only information in aggregate form, that is publicly available, and/or that is knowingly and voluntarily disclosed by visitors. If there are advertisements on ClearCaptions’ website or equipment, through the use of third party cookies, the advertiser(s) will be electronically notified when visitors view or click on its advertisements. ClearCaptions does not sell its consumers’ personal information.
Opt-Out Right and Access to and Ability to Correct Personal Data
Visitors may opt out of having their personal information collected by ClearCaptions, used by ClearCaptions for secondary purposes, disclosed to third parties or used by ClearCaptions or third parties to send promotional correspondences to the visitor, by contacting ClearCaptions via postal mail, email or telephone at the addresses below, or by checking the appropriate “opt-out” box. Upon request via postal mail, email or phone, ClearCaptions will provide to visitors a summary of any personal information retained by ClearCaptions regarding the visitor. Visitors may modify, correct, change or update their personal record or cause their personal record to be removed from ClearCaptions’ database. ClearCaptions will only send personal records to the email address on file for the visitor name associated with it.
Collection of Personal Data from Children
To the extent ClearCaptions is able to determine the age of users by their submissions to or communications with ClearCaptions’ website, ClearCaptions will not knowingly (i) collect or post information from individuals under the age of sixteen (“children”) without their parent’s or guardian’s consent, or (ii) provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatsoever. No information collected through ClearCaptions’ website from users self-identified as children will knowingly be used for any marketing or promotional purposes whatsoever, either inside or outside ClearCaptions.
ClearCaptions’ Right to Contact User
California Online Privacy Protection Act Notice
ClearCaptions does not track consumer online activities over time and across third-party websites and therefore does not use “do not track” signals.
ClearCaptions does not authorize the collection of personally identifiable information by third parties about an individual consumer’s online activities over time and across different websites when a consumer uses the ClearCaptions website or service.
Privacy Notice to California Residents
This supplemental privacy notice applies to California residents (herein referred to as “you,” “the consumer,” or “California residents”) in order to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and other California privacy laws.
Consumer Rights Under the CCPA
The CCPA establishes several rights for you, the consumer. ClearCaptions does not sell your personal information.
Right to Request Disclosure or Deletion of Personal Information
You have the right to submit a request for disclosure or deletion of the personal information that ClearCaptions has collected about you. You may make such a request for disclosure or deletion of personal information twice within any given 12-month period. You may request that ClearCaptions disclose the categories of information that it has collected about you, the specific pieces of information that it has collected about you, or both. ClearCaptions will provide responsive information for a period of 12 months preceding the date of your request. ClearCaptions will provide this information to you within a period of 45 days from the date of your request. If needed, ClearCaptions may require up to an additional 45 days to complete the request but will provide notice to you of the need for the additional time prior to the expiration of the initial 45-day period.
In order to respond to your request for disclosure or deletion, ClearCaptions will need to obtain enough information from you to verify that yours is a valid and legitimate request. This provides further protection for your personal information.
You also have the right to submit a request that ClearCaptions delete the personal information it has collected about you. There are several exceptions to the consumer’s right to deletion; namely, ClearCaptions may retain your information despite your request for deletion if ClearCaptions requires the information in order to do any of the following:
(A) Complete the transaction for which the personal information was collected;
(B) Provide a good or service requested by the consumer or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer;
(C) Otherwise perform a contract between the business and the consumer;
(D) Detect security incidents and protect against “malicious, deceptive, fraudulent, or illegal activity;”
(E) Use for internal debugging purposes or to repair software errors;
(F) Exercise free speech, ensure the right of another consumer to exercise free speech, or any other right provided by law;
(G) Use the information to comply with the California Electronic Communications Privacy Act;
(H) Engage in research in the public interest that follows all other privacy laws (with consumer consent);
(I) Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business;
(J) Comply with a legal obligation; or
(K) Otherwise use the information internally in a lawful manner that is compatible with the context in which the consumer provided the information.
ClearCaptions offers consumers two distinct methods for submitting requests for disclosure or deletion:
• Consumers may submit their request by calling ClearCaptions’ toll-free number 866-868-8695.
• Consumers may submit their request online at clearcaptions.com/ccpa.
Submitting a verifiable consumer request does not require that you have an active ClearCaptions account, nor are you required to create an account. As previously stipulated, ClearCaptions will need to obtain enough information from you to verify your request in protection of your information before responding to your request.
Right to Not be Discriminated Against for Exercising the Rights to Disclosure or Deletion
ClearCaptions will not discriminate against you for exercising your rights to disclosure or deletion. Unless otherwise permitted by the CCPA or other California law, ClearCaptions will not deny you goods or services, charge you a different rate for goods or services, provide you a different quality of goods or services, or suggest that any aspect of your service will change if you exercise any of your rights enumerated here.
Categories of Information ClearCaptions Has Collected in the Past 12 Months
Personally Identifiable Information
• Account Name
• Date of Birth
• Email Address
• Legal Name
• Military or Veteran Status
• National Origin – Includes language use and possession of a driver’s license issued to persons unable to provide their presence in the United States is authorized under federal law
• Postal Address
• Social Security Number
• Unique Personal Identifier
• Health Insurance Information
• Medical Condition – Genetic characteristics, cancer or a record or history of cancer
• Medical Information
Phone Network Information
• Commercial Information – Includes records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
• Geolocation Data
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and info about a consumer’s interaction with a website, application, or advertisement
• Online Identifier Internet Protocol Address
• Telephone Number
If you have any questions about this policy, you may contact us via email at firstname.lastname@example.org or via regular mail to the attention of ClearCaptions Compliance/Legal Department, ClearCaptions, 3001 Lava Ridge Ct. Ste. 100, Roseville, CA 95661.