Effective Date: January 15, 2023
If you are a Clocare User, your access to and use of our Services are subject to our Terms and Conditions, which define some of the terms used throughout this Policy. Please make sure that you have carefully read and understand the Terms and Conditions before you use our Services. By using our Services, you accept the Terms and Conditions and accept our privacy practices described in this Policy. If you do not feel comfortable with any part of this Policy or our Terms and Conditions, you must not use or access our Services.
Our Services may change from time to time. As a result, we reserve the right to update or modify this Policy at any time and from time to time without prior notice. If we make any material changes to the way we process your Personal Information, we will notify you before such changes are effective. If you object to any changes, you must cease using our Services. We recommend you review this Policy periodically. This Policy became effective on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.
01. Collection of Personal Information
When you use our Services, we may collect Personal Information about you. The types of Personal Information that we may collect about you are:
1(a). Information You Provide to Us Directly
You may provide your Personal Information to us when you use our Services, including when you register with Clocare, search within or place orders through our Services, contact us with inquiries, engage with our chatbot on the Site or Services, respond to surveys, or otherwise access or use our Services. This information may include:
- User Profile – We collect profile information associated with your Customer Clocare account. This includes information such as name, email address, delivery address, and phone number.
- Biometric Information – We may collect biometric information about you when necessary, for example from your government-issued photo identification in order to process age-restricted orders and verify your identity if you need support from us.
- Order Details – When you place an order through our Services, we collect information related to that order. This may include information such as items purchased, special instructions, date, and time of order, and subtotal.
- Payment Information – Payment information is collected such as bank name and payment method, or other financial information. We use a payment processor that collects your payment information and processes payments made on or through the Services. We obtain limited information about your payment card from our payment processor, such as the last four digits of your card and the expiration date.
- Forms & Surveys – From time-to-time, we invite our customers and users to participate in surveys or contests. When a customer or a user participates, we request certain Personal Information such as name and email address.
1b. Information Received From You as Part of Your Communications
When you use our Services (for example on our Site), complete electronic forms, communicate with service partners or contact us, by online chat, email, phone or text, we may automatically collect and store certain information about you and the activity you engaged in, for example: your name and contact information; your order details; information that you voluntarily provide to us; the nature of your communication; the purpose of the interaction, and the action we took in response to your inquiry or request.
1c. Information Collected Automatically
We also may collect and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include:
- Technical Information – We collect technical information associated with your activity on our Site and may include information related to your browser and operating system, IP address (the Internet address of your computer), unique device identifiers, personal and online identifiers, and other information such as your device type. We use such information for diagnostic and statistical purposes and to administer our Services.
- Site Usage Information – We collect information to better understand customer traffic patterns and Site usage. This may include the webpage that you were visiting before accessing our Site or mobile application, the pages or features of our Site or mobile application you browsed to inform us which part of our Site, app and Services you visit and how much time you spend there. This information is used to analyze and improve our Site and to provide our customers with a better user experience.
- Site Preferences – We collect information about your preferences to make your use of the Site more productive using cookies.
1d. Location Information
When you use the Services, we may collect and store general location information (such as IP address). We may also collect route information and delivery pick-up or drop-off information. If you permit the Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser, we may also collect and store the precise location of your device when the Clocare app is running in the foreground or background of your device. This information may be used to help you select your delivery address, to provide more accurate deliveries of your orders, to provide recommendations to you, and to enhance your user experience and improve the services. You can choose whether to enable the location tracking feature through the settings on your device or Platform or when prompted by the Clocare mobile app. If you choose to disable the location feature, the delivery partner will not receive precise location information from your device, which may compromise the accuracy of deliveries in some situations, for instance, if you are located in a large area, such as a park.
1e. Information Related to the Referral Program or Gift Option
Clocare allows users to send gifts using the Services and invite friends and family to sign up for our Services. Sometimes we offer a promotional value for every friend or family member who signs up and places an order through your referral link. To help you do this, we may request you to grant us access to your mobile device address book. You can then direct us to send referral emails to contacts you select in your address book. By sending a referral or gift, you also consent to Clocare sending your public profile image to the contacts you select to receive a referral link. By choosing to invite a friend you represent that you have received the friend’s consent to provide his or her name, mailing address, email address or other information with us. Clocare will use that information to send the requested email or an email inviting him or her to visit the site and will store that information to track the success of the referral program and may send marketing emails. You can also send an SMS with a referral link to your contacts. If you use this option, you understand that Clocare does not control the timing, content, or recipients of these SMS messages.
Users may not send, publish, or share any false, misleading, or deceptive communications in connection with participation in the Referral Program. Such actions may violate various applicable laws. Clocare users may not send any referral emails, SMS messages, or other communications to children under the age of 13.
If you are referred to Clocare through one of our referral programs, or if someone attempts to refer you, we may share your name, whether you have already signed up for Clocare, whether you are a new customer, and whether you have placed a qualifying order with Clocare with the person(s) who referred you.
1f. Personal Information from Publicly Available Sources and Third Parties
We may collect Personal Information about you from publicly available sources, social network providers, marketing partners, and/or third parties. This may include:
- Social Network Information – We may receive information about you from other services. For example, we receive certain information from Facebook when you use their service to login to Clocare.
- Demographic Information – This characteristic information could include information such as income, marital status, spending habits, and other information.
Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information.
- To make our Services function properly;
- To improve our Services;
- To recognize you when you return to our Site and to remember information you have already provided, such as items already in your order cart;
- To collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and
- To provide a secure browsing experience during your use of our Services.
2b. Web Beacons
Web beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included on our Site to deliver or communicate with cookies, in order to track and measure the performance of our Site and Services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on webpages (or in an email).
2c. Online Analytics and Advertising Technologies
We and our third-party vendors may use automated technologies (including cookie identifiers on our Site), along with other collected information, to tailor ads or deliver content when you are on our Services or on other devices, apps or websites.
2d. Targeted Advertising
We (or our service providers) may use the information we collect, for instance, IP addresses and unique mobile device identifiers, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of such cross-device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device tracking to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.
You can learn more about interest-based advertising and how to opt-out of receiving tailored advertising by visiting (i) the Network Advertising Initiative’s Consumer Opt-Out link or (ii) the Digital Advertising Alliance’s Consumer Opt-Out link. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page.
Please note that even if you opt-out, you may still receive advertisements from us. However, in that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any company chooses to participate in these opt-out programs.
2e. Mobile Applications
Depending on your permissions, we may receive your Personal Information from your Internet service and mobile device providers. Users of mobile devices who do not want to receive interest-based advertising may opt-out in several ways. Learn more about your choices for mobile devices by visiting http://www.aboutads.info/appchoices. Each operating system, (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should view your device or system “Settings” to determine how you can opt out of use of your device ID for “cross-app” personalized advertising.
3. Use of Your Personal Information
We may use the information we collect about you for various purposes.
3a. To Provide You with the Services
We use your information to provide you the Services. For example, we use credit card information to complete a transaction or an address to allow the service partner to fulfill your delivery (if you are a User), or your name and phone number to set up your business on the Services (if you are a Merchant). We may use your biometric information from your government-issued photo identification to verify your identity for the purpose of ordering or delivering an age-restricted order, or to confirm your identity in a support call. If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable Personal Information to the third party providing the information for performing the applicable Services. Your information may be available or provided to third-party or service providers that are contractually obligated to protect your information as disclosed in this Policy. Payment information may be shared with your bank to validate your payment card.
3b. To Maintain, Improve, and Personalize the Services
We use your information for our everyday business operations such as auditing, administration of the Services, forum management, fulfilment, and analytics. Your information may also be used to improve the content and/or functionality of the Services. We may use your information to help us enhance offerings for Clocare and our Merchants, which may include improving marketing efforts for our large order delivering service, Clocare Drive. We also use your information to personalize your experience. For example, we may personalize the content and features you see when visiting our Services. In addition, we may personalize advertisements, marketing communications, and recommendations to make them more tailored to your interests.
3c. To Communicate with You
We use your information to communicate with you. For example, we may send you text messages, emails or other notifications about the status of your orders and deliveries. We may also contact you with promotional offerings or other communications that may be of interest to you. If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future marketing or other communications.
In the event you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services. If you send direct messages, such as chat or text messages to a service partner, using the telephone number for that delivery person available on the Services, we may use a third-party service provider to monitor these messages. We monitor these messages for fraud prevention, to ensure appropriate charging of fees, to enforce our Terms and Conditions, and for quality and training purposes. As part of this process, Clocare and its service provider will receive in real time and store data about your direct messages, such as chat or text messages, including the date and time of the text message, your phone number, and the message. If you do not agree with the monitoring of direct messages you send to our service partners, please do not send messages to our service partners.
3d. For Account and Network Security Purposes
We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your Personal Information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activities, or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.
3e. To Maintain Legal and Regulatory Compliance
Our Services are subject to certain laws and regulations which may require us to process your Personal Information. For example, we process your Personal Information to pay our taxes, to fulfil our business obligations, ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law.
3f. To Enforce Compliance with Our Terms and Conditions and Policies
When you access or use our Services, you are bound to our Terms and Conditions (if you are a User), the Merchant Terms of Service or other master services agreement entered between you and Clocare (if you are a Merchant), and this Policy. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing, and mitigating any alleged or actual prohibited, illicit, or illegal activities on our Services. We also process your Personal Information to investigate, prevent or mitigate violations of our internal terms, agreements, or policies; enforce our agreements with third parties and business partners.
3g. To Protect You, Others, and Our Business
We use your information to protect you, others, and our business, including, without limitation, using information for fraud prevention, for enforcement of our Terms of Service, to comply with the law, and to protect against security risks.
3h. For Our Business Purposes
We may use your information for any other purpose disclosed to you at the time we collect the information, or otherwise with your consent.
4. Provision of Personal Information to Third Parties
We may provide your Personal Information to third parties, as described below.
4a. Service Providers or Third Parties
4b. Service Partners, Merchants, or other Users
To help provide you with a high-quality delivery, we also may provide your information, including your Personal Information and order details, to the delivery people who complete your requested deliveries. Similarly, we may provide information to Merchants to facilitate deliveries such as your first name and last initial, biometric information (such as government-issued identification you provide), phone number, order information, customer feedback and other information related to your orders.
4c. Related Entities
We may share your information with our affiliates (entities that control or are under the control of Clocare) for business purposes. We will require these entities to comply with the terms of this Policy with regard to their use of your information.
4d. When Required by Law
We recognize that information related to your orders could contain private information. However, we may be required to provide your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity.
4e. Corporate Transactions
In the event of a business transfer, merger, reorganization, dissolution, or similar event we may provide your information to one or more third parties as part of that transaction, including during the negotiation of a transaction.
4f. With Your Consent
We also may provide your information to third parties with your consent or at your direction.
Clocare has implemented administrative, technical, and physical security controls that are designed to safeguard Personal Information. The nature of our security controls varies depending on the sensitivity of the information that has been collected, the amount, distribution, and format of the information, and the method of storage. More sensitive Personal Information is safeguarded by a higher level of protection. However, no online activity is ever fully secure or error-free. While we strive to protect your information, we cannot guarantee that your Personal Information is absolutely secure. Please keep this in mind when disclosing any information to Clocare.
Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the Contact Us section below.
6. Data Retention
7. Third-Party Sites
8. Social Media Usage
You may choose to enable or log in to our Services via various online services, including social networking services like Facebook and Google. Our Services also may enable you to access social networking services such as Facebook, Twitter, or Instagram (collectively, “Social Network”) directly or indirectly through our Services.
When you link a Social Network account to Clocare or log into our Services using your Social Network account, we may collect relevant Personal Information necessary to enable our Services to access that Social Network and your data contained within that Social Network. We also may share your information with the operator of that Social Network to facilitate or enhance delivery of that Social Network or other services to you. A Social Network may provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with this Policy. Additionally, a Social Network may collect Personal Information and information about your use of our Site or Services automatically. The way a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and Clocare shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services.
You may also have the option of posting your activities on our Services and other content to a Social Network when you access content through our Services. For example, you may post to Facebook that you placed an order with Clocare. Keep in mind that your usage of Social Network features is governed by applicable Social Networks and not by Clocare and may be visible or accessible to the public.
9. Children’s Information
Our Services are not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed Personal Information to us, please contact us at [email protected]. A parent or guardian of a child under age 13 may review and request deletion of the child’s Personal Information.
10. Your Choices
We provide our customers and their authorized agents with the ability to access and delete Personal Information. In order to exercise these rights, you must login to your account to confirm your identity, which helps us ensure that Personal Information is only made accessible to appropriate parties. Customers will not receive discriminatory treatment for exercising their rights and can return to the service after deleting their information.
10a. Your Rights
This section lists the privacy-related rights (“Rights”) we extend to all Clocare Users. Your right to know and right to deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our systems.
Right to Know – You have the right to know the Personal Information we collect, use, disclose, and sell about you.
Right to Deletion – You have the right to request that we delete any Personal Information we have collected from you or maintain about you. We may save Personal Information when permitted by applicable law, including, without limitation, when the information is needed for a legal purpose.
Right to Rectification – If you are a registered Clocare user, you may modify certain of your Personal Information by logging into our Site using your username and password and visiting the “Account” page. Registered Clocare users may also access the “Account” page to manage their subscriptions.
Right to Opt-Out of the Sale of Your Personal Information – You have the right to opt-out of having your Personal Information sold. Clocare does not sell or rent Personal Information to third parties.
Right to Non-Discrimination – Clocare will not discriminate against those who exercise their Rights. Specifically, if you exercise your Rights, we will not deny you goods or services, charge you different prices or rates for goods or services or provide you a different level or quality of goods or services.
10b. Asserting Your Rights
You may exercise your right to know or your right to deletion by clicking here. To verify your identity, you must log in to your account prior to accessing or deleting your information. You may also designate an authorized agent to make a request to know or a request to delete. To be able to act, authorized agents have to submit proof that they are authorized to act on your behalf or have a power of attorney. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf.
Do Not Track Disclosure. Clocare does not have a mechanism in place for responding to browser “do not track” signals or other similar mechanisms used to limit collection of information for use in Online Behavioural Advertising.
11. International Users
Regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.