Your Privacy Rights
Last Modified May 15, 2021
“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include publicly available information that is made available from federal, state, or local government records.
What Information Do We Collect?
1. Information You Provide Us
When you use the Services, in furtherance of our provision of Services, you may provide us with information about you, including the following categories: identifiers and personal information, such as your name, address, email address, phone number, date of birth; characteristics of protected classifications under California or federal law, such as your date of birth, age and sex; commercial information, such as information about our Services you are considering; biometric information, such as such behavioral, health or exercise data that contains identifying information; audio, electronic, visual, or similar information, such as your signature; professional or employment-related information, such as including your occupation and your employer’s name; and inferences that we draw from your Personal Information to create a profile about your preferences. We also collect other information voluntarily and incidentally disclosed by you through your interactions with Clearday that falls under one of the enumerated categories above.
2. Information We Collect Through Automated Means
When you use the Services, we collect certain internet or other similar network activity information automatically as described in this section. As discussed further below, we and our service providers (which are third-party companies that work on our behalf) may use a variety of technologies to assist in collecting this information. We collect information on your use of the Services, such as pages visited, links clicked, text entered and mouse movements, as well as information such as the referring URL, browser, operating system, and Internet Protocol (“IP”) address. We use publicly available sources to approximate your geographic region and Internet Service Provider based on your IP address – geolocation data. We collect automatically information that may constitute Personal Information, such as IP addresses.
3. Information We Collect From Our Partners
To support of provision of the Services, we may receive Personal Information about you from third parties that interact with us in connection with the Services, including the following categories: identifiers and Personal Information; characteristics of protected classifications under California or federal law; commercial information; biometric information; internet or other similar network activity; audio, electronic, visual, or similar information; geolocation data; professional or employment-related information; and inferences that we draw from your Personal Information to create a profile about your preferences.
4. Business or Commercial Purposes
We collect this Personal Information to fulfill contracts, comply with laws, and for our legitimate business interests. Our purposes for collecting and using this information include:
- As described to you when collecting your Personal Information;
- Performing a contract with you or to take steps at your request before entering into a contract;
- Complying with legal or regulatory obligations or in response to law enforcement requests;
- Other legitimate interests and business purposes, such as:
- For our everyday business purposes – such as to process your transactions relating to the Services we provide you, communicate with you, manage records, respond to court orders and legal investigations, claims, audits, or proceedings, and to administer and provide services to you;
- As necessary or appropriate to protect the rights, property or safety of us, our residents and clients or others;
- To help maintain the safety, security, and integrity of our Sites, products and Services, databases and other technology assets, and business;
- For our marketing purposes – to offer our Services to you, to improve and customize our Services for you and to understand how our Services are used;
- To provide, support, personalize, and develop our Services;
- To communicate with you about our affiliates; and
- To operate, maintain and improve the Sites, for example by conducting analytics.
In some cases, we rely on your consent for processing your Personal Information, but only in those cases where we specifically ask for your consent.
Disclosure of Your Information to Third Parties
We may disclose your Personal Information to third parties for commercial or business purposes, such as if we conclude that we are required by law or have a good faith belief that access, preservation, or disclosure of such information is reasonably necessary to protect the rights, property, or safety of Clearday, its customers, or the public. We may also contract with other companies and individuals to perform certain functions and services, including processing, storing, tracking, and organizing information on our behalf. These service providers may have access to Personal Information to perform their functions, but are prohibited from using Personal Information for any purpose other than providing services to us. We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or capital, including in connection with any bankruptcy or similar proceedings.
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information to third parties: identifiers and personal information; characteristics of protected classifications under California or federal law; commercial information; biometric information; internet or other similar network activity; audio, electronic, visual, or similar information; professional or employment-related information; and inferences that we draw from your Personal Information to create a profile about your preferences. We also disclose other information voluntarily and incidentally disclosed by you through your interactions with Clearday that falls under one of the enumerated categories above.
In the preceding 12 months, we have not sold any Personal Information to third parties. We do not knowingly disclose Personal Information of minors under sixteen (16) years of age to third parties.
Aggregate or De-identified Information
We may track visits to the pages and links on our Sites, and create and use other forms of aggregate or de-identified information. We may choose to share this aggregate or de-identified information with third parties.
Cookies and Related Technologies
As part of our ongoing efforts to ensure the best possible experience for all users of our Sites, we may use “cookies” and related technologies, such as tags, SDKs, tracking pixels, and other similar technologies to collect the information described in the section above titled “Information We Collect Through Automated Means.” “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies enable us to provide special features such as tailoring products or services offered to you based on past preferences or geographic location. Most web browsers automatically accept cookies, but allow you to turn off cookies as part of the browser options. Even without cookies, you can still use most of the features of our Sites.
We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in activities such as auditing, research, or reporting; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
Advertising and Third-Party Data Collection
Notice Concerning Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our Sites for third-party purposes, and that is why we provide the variety of opt-out mechanisms listed above. To learn more about Do Not Track, you can do so here.
Links to Other Sites
Data Subject Rights
Depending on your residency, you may have certain data subject rights. These rights vary by state and country, but they include for California residents the right to: (i) request additional disclosures about the Personal Information we collect, use, disclose and sell; (ii) request access to and deletion of your Personal Information; (iii) opt-out of the sale of Personal Information if Clearday were to sell Personal Information; and (iv) obtain a copy of your Personal Information. Clearday will not discriminate against you for exercising any of these rights, for example, by charging a different price or denying goods or services. However, Clearday may charge a different price or rate or provide a different level or quality of goods or services when that difference is reasonably related to the value provided to us by the data.
How to Exercise Data Subject Rights
If you wish to exercise any of these rights please complete this https://www.fivestarseniorliving.com/ccpa-form . You may also call us at (210) 451-0839 and reverse the charges for domestic long distance calls. [need to have a toll free number] We will review your requests and respond accordingly. The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. Additionally, if we retain your Personal Information only in de-identified form, we will not attempt to re-identify your data in response to a Data Subject Rights request.
If you make a request related to Personal Information about you, you will be required to supply a valid means of identification as a security precaution. We will verify your identity with a reasonably high degree of certainty using the following procedure where feasible: we will match identifying information you provide when making the request to the Personal Information maintained by Clearday, or use a third-party identity verification service. If it is necessary to collect additional information, Clearday will use the information only for verification purposes and will delete it as soon as practicable after complying with the request. For requests related to particularly sensitive information, we may require additional proof of identification.
If you make a Data Subject Rights request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf.
We will process your request within the time provided by applicable law.
Other California Privacy Rights
In addition to the rights already described, California law permits California residents to request certain details about how their Personal Information is shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business must either provide this information or permit California residents to opt in to, or opt out of, this type of sharing.
We may from time to time elect to share certain information about you collected by us through the Services with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. If you are a California resident, you may opt out of such future sharing of your personal information (as defined by the California Shine the Light Act) by contacting our Privacy Officer at CCPA@myclearday.com with the phrase “Do Not Share” in the subject line.
Individuals with Disabilities
Updates to This Policy