Privacy Policy
Who we are?
ClearLabs is a payment consultancy company that offers services that enable platforms and merchants to run businesses and to safely conduct online payment transactions
This Privacy Notice describes the types of Personal Data we collect through our products and merchant services (“Services”) and via our online presence, which include our website https://www.clearlabs.com (our “Site”).
This notice also describes how we use Personal Data, with whom we share it, your rights and choices, and how you can contact us about our privacy practices. This notice does not apply to third-party websites, products, or services, even if they link to our Services or Sites, and you should carefully consider the privacy practices of those third parties.
Personal Data
We collect Under Data Protection Laws, ClearLabs acts as a “data controller” and a “data processor” depending on its activity.
ClearLabs is a data controller when it determines the purposes and means of the processing taking place. These data processing activities include:
- providing ClearLabs products and services;
- monitoring, preventing and detecting fraudulent payment transactions and other fraudulent activity;
- complying with legal or regulatory obligations applicable to the financial sector to which ClearLabs Limited is subject, and;
- analysing, developing and improving ClearLabs Limited products and services.
ClearLabs is defined as a data processor where it facilitates payment transactions on behalf of and at the direction of a Merchant.
If you are a Merchant, ClearLabs will act as a Data Controller for the data we receive, such as ‘Know your Customer’ (KYC) information, and other relevant merchant information in order to manage the business relationship with you.
If you are a Consumer, it’s crucial to understand that when you engage with our services, we operate as a data processor on behalf of the merchant, who is the data controller. This means that we process your personal data as instructed by the merchant, ensuring compliance with relevant data protection regulations.
ClearLabs is defined as a data processor that facilitates payment transactions on behalf of and at the direction of a business merchant. Our Business Merchants direct us to take payment from cardholders / End Customers.
For the purposes of individual rights and any controller obligations please contact ClearLabs.
We remain committed to safeguarding your privacy and uphold the highest data protection standards.
Personal Data that we collect about you.
ClearLabs may obtain Personal Data about you from various sources to provide Services and manage our Sites. ClearLabs will generally not collect your Personal Data directly from you. If you have paid with a ClearLabs Merchant, your agreement with the relevant ClearLabs Merchant should explain how they share your Personal Data with ClearLabs. If you have questions about this sharing, you should direct those questions to the appropriate ClearLabs Merchant.
Personal Data is any information that relates to an identified or identifiable individual. The Personal Data you provide directly to us through our Sites will be seen from the context in which you provide the data. In particular:
- When you complete our online form for ClearLabs Services, we collect your full name, email address, and telephone number.
- When you respond to ClearLabs emails, we collect your email address, name, and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call ClearLabs. We may collect additional information to verify your identity if you contact us by phone as a ClearLabs Merchant.
- If you are a ClearLabs Merchant, you will provide your contact details, such as name, postal address, telephone number, and email address. As part of your business relationship, we may also receive financial and personal information about you, such as your date of birth and government identifiers associated with you and your organization (such as your tax number, social security number, or Employer Identification Number).
- If you are a Cardholder, we may receive your transaction information when you make payments or conduct transactions through a ClearLabs Merchant’s website or application. Depending on how the ClearLabs Merchant implements our Services, we may receive this information directly from you or the ClearLabs Merchant. The information we collect will include payment method information (such as credit or debit card information, purchase amount, date of purchase, and payment method). Different payment methods may require the collection of various categories of information. The ClearLabs Merchant will determine the payment methods you can use. The information we collect will depend upon the payment method you choose from the list of available payment methods offered to you by the ClearLabs Merchant.
- When we conduct fraud monitoring, prevention, and detection activities, we may also receive Personal Data about you from our partners, financial service providers, identity verification services, and publicly available sources (e.g., name, address, phone number, country), as necessary to confirm your identity and prevent fraud. Our fraud monitoring, detection, and prevention services may use technology that helps us assess the risk associated with an attempted transaction enabled on the ClearLabs Merchant’s website or the application that collects information.
- Our website uses Drift, a data privacy chatbot that connects users with our customer support. When they start the chat, we collect personal data such as user names, emails, and IP addresses. The messages and data exchanged are stored within the Drift application. For more information regarding how your data is used, please refer to their Privacy Policy.
- You may also choose to submit information to us via other methods, including:
- (i) In response to marketing or other communications,
- (ii) through social media or online forums,
- (iii) through participation in an offer, program, or promotion,
- (iv) in connection with an actual or potential business relationship with us, or
- (v) by giving us your business card or contact details at trade shows or other events.
b. Information that we collect automatically on our Sites.
Our Sites use cookies and other technologies to function effectively. These technologies record information about your use of our Sites, including:
- Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons, and the language version of the Sites you are visiting;
- Usage data, such as time spent on the Sites, pages visited, links clicked, language preferences, and the pages that led or referred you to our Sites.
- We may also collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps, and other online features and services. We use Google Analytics on our Sites to help us analyze your use of them and diagnose technical issues.
Please see our Cookie Policy to learn more about the cookies that may be served through our Sites and how you can control our use of cookies and third-party analytics.
How we use personal data:
a. Our products and services.
We rely on several legal grounds to ensure that our use of your Personal Data complies with the law. We use Personal Data to facilitate our business relationships with our Merchants, comply with our financial regulations and other legal obligations, and pursue our legitimate business interests. We also use Personal Data to complete payment transactions and provide payment-related services to our Merchants.
b. Marketing and events-related communications.
We may send you email marketing communications about ClearLabs products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so according to the consent requirements imposed by applicable law. When we collect your business contact details through our participation at trade shows or other events, we may use the information to follow up with you regarding an event, send you information that you have requested on our products and services, and, with your permission, include you on our marketing information campaigns.
If you are an existing merchant, we’ll contact you to promote relevant products or services directly via e-mail or connect with you through LinkedIn and send you messages. If you are not yet one of our merchants, we will only reach out to you, for example, through e-mail or LinkedIn, with offers or about our products or services. You can opt out of future marketing campaigns by following the instructions in the e-mail or contacting us directly via the details provided within this Privacy Notice. All data is processed in accordance with Data Protection Laws.
c. Interest-based advertising.
When you visit our Sites or online services, we collect information about your online activities over time to provide you with advertising about products and services tailored to your interests (this type of advertising is called “interest-based advertising”). Where applicable law requires, we will obtain your consent before processing your information for interest-based advertising.
We use advertising networks; you may see our ads on other websites or mobile apps. Ad networks allow us to target our messaging to Merchants based on a range of factors, including demographic data, Merchant’s inferred interests, and browsing context (for example, the time and date of your visit to our Sites, the pages that you viewed, and the links that you clicked on). This technology also helps us track the effectiveness of our marketing efforts and understand if you have seen one of our advertisements.
d. Verification Purposes.
We use personal data of existing and prospective merchants to verify their identity, suitability, and risks involved with maintaining a business relationship. This is legally required to cover “Anti-Money Laundering (“AML”) and Know-Your-Customer (“KYC”)” obligations.
Legal Basis for Processing
We process your personal data under the following circumstances:
Facilitating Merchant Relationships: We use identity and contact details to establish and manage our relationship with prospective, new, or existing merchants. This processing is necessary for contract performance, legal compliance, and our legitimate interests in business operations and fraud prevention.
Transaction Processing: We handle identity, contact details, and transaction information to process and execute your transactions, manage payments, fees, charges, and collect funds. This processing is necessary for contract performance, legal compliance, and our legitimate interests in business operations and fraud prevention, and may include automated decision-making.
Managing User Relationships: We use identity and contact details to manage our relationship with website and service users, notify you about changes, and provide services. This processing is necessary for contract performance, legal compliance, and our legitimate interests in maintaining records and understanding customer usage.
Data Analytics: We analyze technical, device, and usage details to improve our website, products, services, marketing, customer relationships, and experiences. This processing is based on our legitimate interests in business development and maintaining an up-to-date website.
Business Administration and Protection: We use identity, contact, and technical details for troubleshooting, data analysis, testing, system maintenance, support, reporting, and data hosting. This processing is necessary for our legitimate interests in business operations, IT administration, and network security, as well as for legal compliance.
Merchant Verification: We process identity, contact, and financial details to verify the identity, suitability, and risks of existing and prospective merchants. This is necessary for our legitimate interests in business operations and fraud prevention, and for legal compliance.
How We Disclose Personal Data
ClearLabs does not sell or rent Personal Data to marketers or unaffiliated third parties. We share your Personal Data with trusted entities, as outlined below.
- ClearLabs. We share Personal Data with other ClearLabs entities in order to provide our Services and for internal administration purposes.
- Service providers. We share Personal Data with a limited number of our service providers. We have service providers that provide services on our behalf, such as identity verification services, website hosting, data analysis, information technology and related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access Personal Data to perform their services. We authorise such service providers to use or disclose the Personal Data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers are predominantly located in the European Union and the United States of America.
- Business partners. We share Personal Data with third party business partners when this is necessary to provide our Services to our Business Merchants. Examples of third parties to whom we may disclose Personal Data for this purpose are banks and payment method providers (such as credit card networks) when we provide payment processing services.
- We share data with parties directly authorised by a Business Merchant to receive Personal Data. The use of Personal Data by an authorised third party is subject to the third party’s privacy policy.
- Corporate transactions. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganisation, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties for the purpose of facilitating and completing the transaction.
- Compliance and harm prevention. We share Personal Data as we believe necessary: (i) to comply with applicable law, or payment method rules; (ii) to enforce our contractual rights; (iii) to protect the rights, privacy, safety and property of ClearLabs, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.
Your Rights and Choices
You have choices regarding our use and disclosure of your Personal Data:
a. Opting out of receiving electronic communications from us.
If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.
b. How you can see or change your account Personal Data.
If You would like to review, correct or update Personal Data that you have previously disclosed to us, you may do so by signing in to your ClearLabs account or by contacting us.
c. Your data protection rights.
Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:
- The right to request confirmation of whether ClearLabs processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
- The right to request that ClearLabs rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
- The right to request that ClearLabs erase your Personal Data in certain circumstances provided by law;
- The right to request that ClearLabs restrict the use of your Personal Data in certain circumstances, such as while ClearLabs considers another request that you have submitted (including a request that ClearLabs make an update to your Personal Data); and
- The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you.
- The right to object to the processing of your data where:
- Processing is based on legitimate interests;
- Processing involves automated decision-making and profiling; where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.
d. Process for exercising data protection rights.
We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.
We will aim to respond to your request within a calendar month unless the request needs to be extended if it’s a manifestly unfounded or excessive request but we will let you know within the first month.
For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
If you are a Customer of a ClearLabs Business Merchant, please direct your requests directly to them. For example, if you are making, or have made, a purchase from a business using ClearLabs Services, and you have a request that is related to the payment information that you provided as part of the purchase transaction, then you should address your request directly to the merchant.
For more information in relation to Data Subject rights and how to request information, please contact [email protected]
Security and Retention
We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organisational, technical and administrative measures designed to protect Personal Data within our organisation against unauthorised access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties, all of which have been trained on how to handle information securely.
Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. 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 has been compromised), please contact our Data Protection Manager immediately.
If you are a ClearLabs Business Merchant, we retain your Personal Data as long as we are providing the Services to you. We retain Personal Data after we cease providing Services to you, even if you close your ClearLabs account, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention.
We also retain Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
International Data Transfers
We are a global business. Personal Data may be stored and processed in any country where we have operations or where we engage service providers. We may transfer Personal Data that we maintain about you to recipients in countries other than the country in which the Personal Data was originally collected. Those countries may have data protection rules that are different from those of your country. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your Personal Data remains protected to the standards described in this Privacy Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Data.
Where applicable law requires us to ensure that an international data transfer is governed by a data transfer mechanism, we use one or more of the following mechanisms: International Data Transfer Agreements (ITDA), Standard Contractual Clauses with a data recipient outside the EEA, verification that the recipient has implemented Binding Corporate Rules, or verification that the recipient adheres to the required international transfer laws.
Links to other websites
The Services may provide the ability to connect to other websites. These websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked website is not owned or controlled by us, we are not responsible for its content, any use of the website or the privacy practices of the operator of the website.
Contact us
If you have any questions, please contact [email protected].
Updates to this Privacy Notice and Notifications
We may change this Privacy Notice from time to time to reflect new services, changes in our Personal Data practices or relevant laws.
