Effective Date: February 22, 2024
Clerk, Inc. ("Clerk," "we," "us," and "our") provides innovative technology to allow our customers to implement authentication and complete user management solutions. This Privacy Policy is designed to help you understand how we collect, use, and share personal information and to help you understand and exercise your privacy rights.
This Privacy Policy applies to personal information processed by us, including on our website, mobile applications, and other online or offline offerings. To make this Privacy Policy easier to read, our website, products and solutions, and other offerings are collectively called "Services".
An Important Note: This Privacy Policy does not apply to any of the personal information that our customers may process using Clerk’s products and services ("Customer Data"). Our customers’ respective privacy policies govern the collection and use of Customer Data. Our processing of Customer Data is governed by the contracts that we have in place with our customers, not this Privacy Policy. Any questions or requests relating to Customer Data should be directed to our customer.
For clarity, Clerk is a controller for the personal information we collect from customers in order to market, service, and provide access to and use of the Services. For Customer Data that is entered into the Services, the customer is the controller and we act as a processor and will only process Customer Data as agreed to provide Services under our Terms of Service or other contract with a customer, and when applicable, a Data Processing Agreement.
The categories of personal information we collect depend on how you interact with us, our Services and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.
We may collect the following personal information that you provide to us.
We may collect personal information automatically when you use our Services:
Automatic Data Collection When You Visit Our Website. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
Automatic Data Collection When You Use Our Services. We may collect other types of technical information about your use of our Services, such as what we call "telemetry" metrics, described here. None of this technical information is connected with your personal information or Customer Data and is only used to improve our Services.
Cookies, Pixel Tags/Web Beacons, and Other Technologies. We, as well as third parties that provide content, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies ("Technologies") to automatically collect information through your use of our Services. Please also see our cookie management dashboard for cookie management options.
Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Our uses of these Technologies fall into the following general categories:
See Section 5 below to understand your choices regarding these Technologies.
Analytics. We may use Technologies and other third-party tools to process analytics information on our Services, such as:
Google Analytics: For more information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.
Hotjar: We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
We also use Hotjar’s session-replay technologies to record your interactions with the Services to help us diagnose problems and improve our Services. These technologies allow us to watch a DVR-like visual video playback of user sessions on our Services and capture user activities such as clicks, mouse movements, scrolls, and keystrokes/key touches when you use our Services, and may collect personal information from and about you. You can opt-out of session recording by Hotjar at https://www.hotjar.com/policies/do-not-track/.
Mixpanel: We use a service provided by Mixpanel, Inc. ("Mixpanel") to provide us with analytics data regarding users’ interactions with our Site and Services. You may opt-out of Mixpanel’s automatic retention of data that is collected while using the Services by visiting https://mixpanel.com/optout.
Social Media Platforms: Our Services may contain social media buttons such as LinkedIn and Twitter (that might include widgets such as the "share this" button or other interactive mini programs). These features may collect your IP address, which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policy of the company providing it.
We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings.
We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.
We use your information to fulfill our contract with you and provide you with our Services, such as:
We use your information for various administrative purposes, such as:
We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.
Some of the ways we market to you include email campaigns.
If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth below.
We also use your information for other purposes as requested by you or as permitted by applicable law.
We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
The categories of third parties with whom we may share your information are described below.
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.
We process requests to be placed on do-not-mail, do-not-phone, and do-not-contact lists as required by applicable law.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy.Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.
By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.
All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.
Clerk, Inc.
2261 Market Street
STE 10607
San Francisco, CA 94114 USA
privacy@clerk.dev
The purposes of the processing are described in the section of this Privacy Policy entitled How We Use Your Information.
Generally, we process personal data on the basis that the processing is necessary for purposes of our legitimate interest in conducting our business in a manner typical in the US information technology industry, having taken into account any risks to your fundamental rights and freedoms (including your right to privacy).
We also may process personal data on other bases permitted by the EU General Data Protection Regulation ("GDPR"), the UK Data Protection Act 2018 ("UK GDPR") and other applicable laws, such as when the processing is necessary for us to comply with our legal obligations.
Our specific legitimate interests, such as responding to your requests, comments and questions, providing you with support and improving our Services, are described in the section of this Privacy Policy entitled How We Use Your Information.
The categories of personal data that we process are described in the section of this Privacy Policy entitled Information We Collect.
The potential recipients of the personal data that we collect via the Services are described in the section of this Privacy Policy entitled Sharing of Personal Information with Third Parties.
Clerk, Inc. is headquartered in the USA and the website is hosted in the USA. On 10 July 2023, the European Commission adopted an adequacy decision with respect to the transfer of personal data from the EEA to the US. On 21 September 2023, the United Kingdom adopted a "data bridge" framework between the UK and the US. Switzerland has not yet finalized an adequacy determination. Clerk, Inc. has certified to the Data Privacy Framework recently developed by the U.S. Department of Commerce and the European Commission, UK Government, and Swiss Federal Administration. Please see Clerk’s Data Privacy Framework Notice.
When you provide your personal data to us via the website or contact us by email, you are providing your personal data directly to the USA.
Before you provide your personal data to us via the website, we request your explicit consent to the transfer of your personal data to the USA.
When you email us, the fact that you have chosen to email us knowing that we are located in the USA will be understood to constitute your express consent to the transfer of the personal data in your email (including your email address) to the USA.
Regardless of the differences in US and European privacy laws, we safeguard your personal data as described in this Privacy Policy. If we transfer your personal data to a third party, we require the third party to commit contractually to process your personal data only in ways that are consistent with this Privacy Policy.
How long we retain personal data varies according to the type of data in question and the purpose for which it is used. See the section entitled Retention of Personal Information.
You have the right to request access to your personal data, to have your personal data corrected, restricted or deleted, and to object to our processing of your personal data. Your rights may be subject to various limitations under the GDPR and the UK GDPR. If you wish to exercise any of these rights, or if you have any concerns about our processing of your personal data, please contact us in any of the ways listed in the section entitled How to Contact Us. The data portability rights in the GDPR and the UK GDPR are not relevant to the kinds of processing that we do.
You have the right to file a complaint concerning our processing of your personal data with your national (or in some countries, regional) data protection authority. The EU Commission has a list here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
See https://ico.org.uk for information about contacting the UK Information Commissioner’s Office.
See https://www.edoeb.admin.ch/edoeb/en/home.html for information about contacting the Swiss Federal Data Protection and Information Commissioner.
Users of the Services are under no statutory or contractual requirement or other obligation to provide personal data to us via the Services.
VeraSafe has been appointed as Clerk's representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. If you are in the European Economic Area, VeraSafe can be contacted in addition to privacy@clerk.dev, only on matters related to the processing of personal data. To make such an inquiry, please contact VeraSafe using this contact form: https://verasafe.com/public-resources/contact-data-protection-representative or via telephone at: +420 228 881 031.
Alternatively, VeraSafe can be contacted at:
VeraSafe Ireland Ltd.
Unit 3D North Point House
North Point Business Park
New Mallow Road
Cork T23AT2P
Ireland
We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 ("CCPA"). The CCPA provides California residents with the right to know what categories of personal information Clerk has collected about them and whether Clerk disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:
| Category of Personal Information Collected by Clerk | Category of Third Parties Information is Disclosed to for a Business Purpose |
|---|---|
| Identifiers: A real name, Internet Protocol address, email address, account name, or other similar identifiers. | Service providers |
| Personal information categories listed in the CCPA (Cal. Civ. Code § 1798.80(e)): A name, email address, or other personal identifier. Some personal information included this category may overlap with other categories. . | Service providers |
| Internet or other electronic network activity: Information on a consumer's interaction with an internet website or application. | Service providers |
| Geolocation data: Physical location | Service providers |
| Sensory data: Audio, electronic, or similar information. | Service providers |
| Professional or employment-related information (job applicants only): Current or past job history or performance evaluations. | Service providers |
| Inferences drawn from other personal information to create a profile about a consumer: Profile reflecting a consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | Service providers |
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above.
For purposes of the CCPA, Clerk does not "sell" personal information, nor do we have actual knowledge of any "sale" of personal information of minors under 16 years of age.
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact us as set forth below.
Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your name and customer ID.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth below. We will process such requests in accordance with applicable laws.
Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at compliance@clerk.dev with the subject line "Nevada Do Not Sell Request" and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.
Our Services are not intended for use by children under the age of 16.
If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected.
Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
Supervisory Authority.If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.
If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:
Clerk, Inc.
660 King Street
Unit 345
San Francisco, CA 94107
privacy@clerk.dev