Updated: June 1, 2021

Protecting your private information is our priority. This Privacy Policy applies to ClearScale, LLC (“ClearScale”), ClearScale’s website (www.ClearScale.com) and any subdomains of our website (the “Site”), and our services (collectively referred to as “ClearScale Services”). Unless otherwise noted, all references to ClearScale include ClearScale Services. By using the ClearScale Site or Services you consent to the data practices described in this Privacy Policy.

Your information collected through ClearScale Services may be stored and processed in the United States, Europe, or any other country in which ClearScale or its subsidiaries, affiliates, or service providers maintain facilities. ClearScale may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you do not accept this or any other terms and conditions contained in this Privacy Policy, you should not visit the Site nor use the ClearScale Services.


COLLECTION OF YOUR PERSONAL INFORMATION

ClearScale may collect personally identifiable information, such as your name and contact information as well as your activities related to ClearScale Services. We may also collect user preferences, product interests, industry focus, community choices, and other customer profile information when you register for an online account, subscribe to a newsletter, participate in communities or an event, program, class or promotion, or click on a URL.

Additionally, certain ClearScale Services that you purchase, download, or register to use may connect and transmit telemetry and system/product data to ClearScale (or its authorized agents). This data may include, but is not limited to, system model, operating system, host ID, and IP address. We use this information to tell you when updates and new product versions are available, provide agreed upon diagnostic, monitoring and management services, as well as enhance our products and services, and better communicate with you.

Furthermore, while using ClearScale Services, you or someone else in your organization may provide us with information about and access to your systems infrastructure. In addition, ClearScale may “self-discover” this information by analyzing additional parts your systems infrastructure.


COOKIES AND WEB BEACONS

When you visit our Site, we collect information about the pages you visit. Some web pages use cookies, web beacons, and similar technologies to automatically collect information from you. We may send one or more cookies (small text files containing a string of characters) to your computer to uniquely identify your browser. We may also use "web beacons" (electronic images also known as pixel tags or clear .gifs) to recognize a cookie on your computer when you view or act upon a web page, an advertisement that we've placed on a third-party web page or an email we've sent. We may link the information collected through cookies and web beacons to you to provide better service to you and to improve ClearScale Services. If you do not wish to have navigational patterns analyzed, please disable cookies in your browser.

Most browsers allow you to remove and block cookies and web beacons. Please note that if you choose to erase or block cookies, you will need to re-enter your user ID and password to access certain parts of the Site. You may also notice that you will be served only generic information not tailored to your specific interests. In addition, if you block cookies, you may not be able to use certain ClearScale website features or take full advantage of ClearScale Services.


USING YOUR PERSONAL INFORMATION

We use personally identifiable information to conduct business, provide information and support for ClearScale Services, better understand your needs and interests, refine and develop our business, improve ClearScale Services, personalize communications, and ensure a quality experience for users of the Site and ClearScale Services.


SHARING YOUR PERSONAL INFORMATION

ClearScale will not rent or sell your personally identifiable information to others. We may store personal information in locations outside the direct control of ClearScale (for instance, on servers or databases co-located with hosting providers). Any personally identifiable information you elect to make publicly available on our Site or the ClearScale Services, such as posting comments on our blog page, will be available to others. If you remove information that you have made public on our Site or the ClearScale Services, copies may remain viewable in cached and archived pages, or if other users have copied or saved that information.

We may disclose your personally identifiable information to others as follows:

  • to our affiliates;
  • to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
  • to fulfill the purpose for which you provide the information;
  • for any other purpose disclosed by us when you provide the information;
  • with your consent;
  • as required by law, such as to comply with a subpoena, or similar legal process;
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • if ClearScale is involved in a merger, acquisition, or sale of all or a portion of its assets, in which case you will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

ClearScale may disclose aggregated information about our users, and information that does not identify any individual, without restriction.


SECURITY OF YOUR PERSONAL INFORMATION

We maintain administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of the personally identifiable information we have collected. These safeguards are designed to protect against, but are not a guarantee against, the loss, misuse and unauthorized access, disclosure, alteration and destruction of personally identifiable information. In addition, we use standard security protocols and mechanisms to transmit sensitive data such as passwords and credit card details.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site or ClearScale Services cannot be guaranteed.


DATA RETENTION, DISPOSAL, AND DESTRUCTION

ClearScale will retain both automatically collected information and user-provided information for as long as you use the Site and ClearScale Services and for a reasonable time thereafter and to comply with legal obligations, to resolve disputes and to enforce agreements. If you would like us to delete your personally identifiable information that you have provided through the Site or ClearScale Services, please contact us and we will respond within a reasonable time. Please note that some or all of the user-provided data may be required for ClearScale Services to function properly.

If a user requests the disposal/destruction of personally identifiable information, ClearScale will either dispose of or destroy the information in accordance with ClearScale data disposal policies.


CHILDREN

The Site and ClearScale Services and our marketing efforts are not directed to children less than 18 years of age. ClearScale does not knowingly collect or solicit personal information from anyone under the age of 18. Should we learn that we collected personal information from a child under the age of 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at info@clearscale.com.


YOUR CALIFORNIA PRIVACY RIGHTS

If you are a resident of the State of California and ClearScale has an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from ClearScale free of charge regarding the manner in which certain personal information is collected through ClearScale Services with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of ClearScale sharing of such information with such third parties. Please submit any such request (“California Privacy Rights Request”) to any one of the following by mail to One Market St., Spear Tower, Suite 3600, San Francisco, CA 94105, or by e-mail to info@ClearScale.com with a subject line of “Your California Privacy Rights.”

For each California Privacy Rights Request, please state “Your California Privacy Rights” in the email or letter subject line, and clearly state the following in the body:

  • the nature of your request;
  • that the request is related to “Your California Privacy Rights”;
  • your name, street address, city, state, zip code, and e-mail address;
  • whether you prefer to receive a response to your request by mail or e-mail.

If you send a California Privacy Rights Request by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery, and tracking. ClearScale will not accept a California Privacy Rights Request via telephone or fax; and is not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled, or incorrectly sent.

You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.


THIRD PARTY COLLECTION

ClearScale does not authorize third parties to collect your personally identifiable information when you use the Site or ClearScale Services, except as expressly stated in this Privacy Policy. TO THE FULLEST EXTENT PERMITTED BY LAW, CLEARSCALE IS NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE CLEARSCALE FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, SUCH THIRD PARTIES’ UNAUTHORIZED COLLECTION OF YOUR PERSONAL INFORMATION.


CHANGES TO THIS PRIVACY POLICY

ClearScale reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of ClearScale Services after such modifications will constitute your acknowledgment of the modified Privacy Policy, and your agreement to abide and be bound by the modified Privacy Policy.


OUR CONTACT INFORMATION

ClearScale welcomes your questions or comments regarding this Statement of Privacy. If you believe that ClearScale has not adhered to this Privacy Policy, please contact us by email at ClearScale at info@clearscale.com, or by mail at One Market St., Spear Tower, Suite 3600, San Francisco, CA 94105.


ClearScale, LLC