Privacy Policy

CLEAR® is committed to protecting your privacy. Please read this privacy policy statement carefully so that you understand what kind of information we may gather about you, how we may use that information, whether we may disclose it to anyone, and the choices you have regarding our use of the information and your ability to correct the information. We will not trade, sell, or disclose to any third party any form of personally identifiable information without your consent, including information derived from registration, subscription, and use of the CLEAR service, except as stated below. This policy applies only to CLEAR, and not to other companies’ or organizations’ Web sites to which we link.

The Information We Collect

The information CLEAR gathers generally falls into four general categories: (1) personal, business, and demographic information you supply that we use primarily for evaluating applicants and conducting market research; (2) information you supply when you register or initiate transactions; (3) tracking information gathered as you navigate online; (4) information required to enable your use of certain applications. Some of this information identifies a particular person, but much of it does not. Third-party providers, whose sites are featured on and accessed via our site, or third party manufacturers of devices that can be used by you on our network, may gather information as well.

When you interact with CLEAR, when applying for Service, for example, we may request some or all of the following information:

  • Contact information (e.g., name, address, telephone number, and e-mail address)
  • Credit card, debit card or check card and CLEAR account number
  • Driver's license
  • Company name (for corporate accounts)
  • Household characteristics (e.g., number of children and number of Internet users)
  • Technology employed (e.g., type of Internet access and specifications for your computer)

Why We Collect This Information

We need this information to process your application or service order and to conduct market research. If we have trouble processing your application or order, we use the contact information you provide to get in touch with you. We also use your contact information to provide you with CLEAR updates or to assist you with your wireless broadband service and to inform you of new products or services that may be of interest to you.

Use of Cookies

To help make our website more responsive to your needs, we use a standard feature of browser software nicknamed “cookies.” We use cookies to help us tailor our website to your needs, to deliver a better, more personalized service, and to remember certain choices you’ve made so you don’t have to re-enter them. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize CLEAR pages, or register with CLEAR sites or services, a cookie helps CLEAR recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, preferred email address, and so on. When you return to CLEAR, the information you previously provided can be retrieved, so you can easily use the CLEAR features that you customized.

We use two kinds of cookies: (i) temporary or “session”-based cookies that contain certain information about a user’s or visitor’s use of our website at a particular time and (ii) “persistent” cookies that contain certain account-related information about a registered user’s use of our website. Session-based cookies are automatically disabled or deleted when a user of or visitor to our website closes his or her browser software at the end of session. Persistent cookies remain stored on a registered user’s computer system until he or she disables or deletes them. Of course, if you set your browser not to accept cookies or you delete them, you may not be able to take advantage of the personalized features enjoyed by other visitors to and users of our website.

Information Collected by Third Parties

Of course, our site includes links to other web sites, and provides access to products and services offered by third parties, whose privacy policies we don't control. In addition, some manufacturers of devices that can be used on our network (whether co-branded with the CLEAR brand name or not) may include in such devices software to monitor device usage and performance, and an embedded web browser that can be remotely activated by the manufacturer without your knowledge. Such browsers are typically used by the manufacturer to remotely connect to devices in order to send software updates or gather device performance data such as, for example, session duration, or volume of bytes downloaded and uploaded. In some instances manufacturers may share with CLEAR some or all of the information they collect (in which case the shared information will be subject to CLEAR’s privacy policy), however CLEAR does not control how those manufacturers may use information they collect and you should check your device manufacturer’s privacy policy. When you (a) access another web site, purchase products or services or conduct other transactions through a Web site linked to our web site, or (b) use a device in which the manufacturer has embedded monitoring software and a web browser, use of any information you provide or which is otherwise gathered by such manufacturers is governed by the privacy policy of the operator of the site you're visiting, the provider of such products or services, or the manufacturer of the device, as applicable. The provider's or manufacturer’s privacy practices may differ from ours, and we are not responsible for their actions. Please be aware that these third-party sites or manufacturers may also use their own cookies, web beacons or third-party software or “spyware”, for which we are also not responsible.

Third party Advertising and Analytics

We may also use third-party advertising or analytics firms to serve ads on our behalf or to help us serve more relevant content, and/or measure our advertising, website effectiveness, and other factors.

Disclosure of Information

We consider the personal information contained in our business records to be confidential. CLEAR will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications, except as described here, that are transmitted using our services. We may sometimes disclose information about you to our business partners or to others who work for us. We may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on CLEAR; (b) protect and defend the rights or property of CLEAR including, without limitation the security and integrity of our network; or (c) act under exigent circumstances to protect the personal safety of users of our services or members of the public.

As our business grows, we may buy or sell various assets. In the unlikely event that CLEAR, one of its business units, or substantially all of its assets are acquired by another company, information about our visitors would be among the transferred assets.

CUSTOMER PROPRIETARY NETWORK INFORMATION (INTERNET PHONE SERVICE ONLY)

CLEAR is also subject to specific federal privacy rules related to the use, disclosure or access to a particular form of personal information derived specifically from the provision of Internet Phone Service. This information is called customer proprietary network information or “CPNI.” While your name, address and phone number are not considered CPNI, CPNI includes, but is not limited to, call detail information such as the numbers you call, the date and time of calls, call location information, billing detail, or any other information relating specifically to the quantity, technical configuration, type, destination, and amount of use of your Internet Phone Service.

Under Federal Communications Commissions or “FCC” rules which become effective December 8, 2007, you have a right, and CLEAR has a duty, to ensure the confidentiality of CPNI. CLEAR may use, disclose or permit access to your CPNI only as permitted by law.

For example, CLEAR may itself use, or may disclose or permit access to your CPNI, in conjunction with our provision of Internet Phone service to you. We may also use, disclose or permit access to CPNI: to offer to you additional Internet Phone service offerings and related features, including, but not limited to, speed dialing, computer-provided directory assistance, call monitoring, call tracing, call blocking, call return, repeat dialing, call tracking, call waiting, caller I.D., and call forwarding; to provide any related equipment, maintenance, and repair services; to protect the rights or property of CLEAR; or, to protect users of CLEAR’s services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, CLEAR’s services.

Other uses of your CPNI, for example, using, or sharing your CPNI with agents, affiliates, joint venture partners or independent contractors, for purposes of marketing you non- Internet Phone Service communications-related services for which you may be interested or eligible, are permitted only with your approval.

Federal law requires us to provide all Internet Phone Service customers with specific CPNI notifications advising you of your rights concerning your consent to use, disclosure, and permit access to your CPNI for various marketing purposes.

Opt-Out Consent Policy

CLEAR is committed to protecting the privacy of all of your personally identifiable information, including your CPNI. Consistent with that commitment, from time to time, CLEAR may use your CPNI, or disclose or permit access to your CPNI to its agents or affiliates, solely for the purpose of better enabling CLEAR, or its agents or affiliates, to offer you new or different services or products (other than services or features related to Internet Voice) that are specifically tailored to your particular needs or circumstances. Using your CPNI for such purposes enhances the ability to make such additional services or products available to you. If you do not desire that your CPNI be used for such purposes, however, you have the right to deny us access for such use or disclosure. CLEAR may assume your approval to use your CPNI for the purposes described above, if you do not elect to opt-out through one of the methods indicated in your Opt-out Notification within 30 days of receipt. If you do not choose to opt-out initially, you are entitled to disapprove, deny or withdraw access to your CPNI at any future time by contacting Customer Care at 1.888.888.3113. If you do choose to opt-out at any time, it will not affect the provision of any CLEAR services to which you currently subscribe. CLEAR will provide you follow-up opt-out notifications every two years as required by law to ensure that you remain fully aware of your CPNI rights set forth above.

Opt-in Consent Policy

In addition to the use or disclosure of your CPNI set forth above, CLEAR’s business partners, including independent contractors and joint venture partners, may seek to use your CPNI to market you additional new or different communications-related services or products that are not related to Internet Phone Service. CLEAR must obtain your express consent, however, before CLEAR can disclose or permit access to your CPNI to its business partners for this purpose. If you consent to CLEAR disclosing or permitting access to your CPNI for the purposes described above, you must indicate your consent by one of the methods set forth in your Opt-In Notification. You are entitled to change your CPNI opt-in consent at any time to disapprove, deny or withdraw your consent to disclosing or permitting access to your CPNI, by calling Customer Care at 1.888.888.3113 and indicating your intent to change your preference.

Internal CPNI Procedures

Pursuant to federal requirements, CLEAR has developed and implemented an internal software system to flag and track access to Internet Phone service customer records that contain CPNI, and has instituted employee training programs to educate customer service and other employees who may have access to CPNI regarding how and when they may use CPNI. CLEAR maintains an electronic audit mechanism to track all access to customer account information. Federal law prohibits CLEAR from releasing call detail information and/or records in any manner other than emailing it to your CLEAR email account of record for at least 30 days; calling you on your CLEAR Internet Phone service number that has been active with us for at least 30 days; allowing you to access this information using a password protected online account; or allowing you to access this information at a CLEAR retail location with a valid government-issued photo ID. CLEAR will also notify you of any attempted changes to your account information, for example, attempts to change your password or email address to ensure such changes are being sought and authorized only by you.

Security

CLEAR is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee the complete security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. We have implemented strict internal guidelines to ensure that your privacy is safeguarded at every level of our organization. CLEAR will continue to revise policies and implement additional security features as new technologies become available.

Location Information

To make wireless communications possible, CLEAR’s network knows the general location of your wireless device whenever it is turned on. Your wireless device sends out a periodic signal to the nearest radio tower/cell site so that our network will know where to route an incoming communication and how to properly bill for the service. This is necessary to make wireless communications possible.

We offer wireless location-based applications that use your wireless network location to provide the service you request. For example, you may choose to use a service that provides maps or search results using your current location. Certain applications may also determine your location based on WiFi access points that you are in range of.

Your location information will only be used to provide the service(s) or carry out the transaction(s) you have requested or authorized. CLEAR does not and will not track your location, and any request you make to determine your location will not not paired with any information that identifies you personally.

It is important to note, if you let others use location-based services to which you've subscribed (or if you let others use your wireless device), it is your responsibility to inform that user that his or her location may be tracked.

Your wireless Internet service may also be personalized using your zip code or other location identifiers that you provided, such as an address. We use this information to serve you relevant content, and we treat the information like any other personal information under this policy.

The law permits us to disclose the call location of a device on our network without a user's consent (1) to a user's legal guardian or members of a user's immediate family in an emergency situation that involves the risk of death or serious physical harm, (2) to database management services or information providers solely to assist in delivering emergency services, (3) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires or justifies disclosure of a device's location on the network without delay, and (4) in "aggregate" form. Aggregate data is collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed.

CLEAR and Kids

CLEAR takes care to protect the safety and privacy of young people using our services, and encourages you to participate in your child's experience in cyberspace. We do not sell products or services to kids. Also, we do not knowingly collect personally identifiable information from children and teenagers under the age of 18 and CLEAR does not wish to collect any such information.

Parents, please note that if you grant consent for your child to use our services, your child will be able to communicate with other users of all ages. Before providing consent, please be aware that your child will be able to disclose personal information (e.g. name, address, e-mail, phone numbers) on his or her own. We encourage you to talk with your children about communicating with strangers and disclosing personal information online. You can obtain additional information about safe surfing through the Federal Trade Commission web site.

Federal law requires website operators who collect personal information from children under the age of thirteen to first get parental consent. CLEAR will not knowingly link to any third party web site that solicits or collects personally identifiable information from minors.

CLEAR Spam Policy

CLEAR will deal with Spam complaints seriously and will close spammer’s customer accounts. We may use customer information to investigate and prevent potentially unlawful activity that threatens the service or network integrity or otherwise violates the service agreement.

What Is Spam?

Spam is email that is sent against the wishes of the recipient. There are two kinds. The first kind of spam concerns individuals who email people that they don't know personally. The second type of spam is sent by organizations to individuals who have not expressed a desire to receive such communications. Both kinds of spam are inappropriate.

Enforcement of this Privacy Statement

If you have questions regarding this statement, you should contact CLEAR.

European Union Data Considerations

Personal information collected on this site may be stored and processed in the United States or any other country in which CLEAR or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. CLEAR abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.

Privacy Policy Changes

If we decide to change our privacy policy, we will post those changes here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. By continuing to use CLEAR after we post any changes, you accept and agree to this privacy statement, as modified. Of course, our use of information gathered while the current privacy statement is in effect will be consistent with the current statement, even if we change that statement later.

© 2009 Clear Wireless LLC. All rights reserved.

Last updated: June 18, 2009