Privacy Policy

Clear Future, Inc.

PRIVACY POLICY

Last Reviewed: August 10, 2020
Last Updated: August 10, 2020

Clear Future, Inc. (the “Company” “us” “we” or “our“) is a medical device company which manufactures, markets, promotes, distributes and/or sells the FC2 female/internal condom.

We are committed to protecting your privacy and have adopted this Privacy Policy with that in mind.  This Privacy Policy describes the personal information (as defined below) we collect and how and for what purposes we may collect, use and disclose certain types of personal information.

1. The Interactions this Privacy Policy Covers

Except as otherwise provided in this Privacy Policy, this Privacy Policy applies to personal information (as defined below) that we collect or process in course of our relationship with (i) all our customers, vendors and suppliers, as well as individuals related to such customers, vendors and suppliers and (ii) visitors to and users of websites we own and control ((i) and (ii) collectively, “you” or “your“), including but not limited to: fc2femalecondom.com, fc2.us.com, including any subdomains thereof, related mobile applications and electronic communications (the “Site“) and through other online or offline business-related interactions with you. This Privacy Policy applies to all personal information you provide to us, or that we obtain from you through the Site. By providing us your personal information, or by using the Site, you consent to and accept this Privacy Policy.  If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Site or provide us with your personal information.

Except as otherwise provided in this Privacy Policy, personal information is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you, other than information which is generally excluded from the definition of “personal information” under applicable law (such as protected health information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA)) (“personal information”). Personal information does not include information which cannot reasonably be linked, directly or indirectly, with you, including, for example, information which has been aggregated so that it can no longer reasonably be linked to any particular individuals. Personal information also does not include information which is generally excluded from the definition of “personal information” under applicable law.

This Privacy Policy does not apply to personal information we collect through clinical studies. If you are a participant in a Company clinical study, you will receive and be asked to consent to a separate privacy notice with respect to such study. We encourage you to review the separate privacy notice before submitting your personal information to us in relation to a clinical study. In any event, we will use your personal information in a manner consistent with your informed consent and applicable law.

2. Third-Party Websites

The Site may contain links to websites owned and operated by third parties.  Please note that we do not control such third-party websites, the content of these sites, any products or services that may be offered through these sites, or any other use of the linked sites. The links to such websites do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith.  These other websites may send their own cookies to visitors, collect data or solicit personal information, and the privacy policies of these other sites may be significantly different from this Privacy Policy.  Your access to and use of such websites is governed by the terms of use and policies of those sites, and shall be at your own risk.  We are not responsible for the privacy practices of these other sites and cannot guarantee the security of any information collected by any linked or other third-party website. Your use of those websites is governed by any policies existing on or applicable to those websites.  We encourage you to review the privacy policy of any company or website before submitting your personal information.

We are active on social media pages, such as Facebook, LinkedIn and Twitter, and we may integrate social media widgets or features on the Site. These social media companies may recognize you and collect information about your visit to the Site, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.

3. What Personal Information We Collect and How We Collect It

(a)  Information We Collect

Certain features on the Site enable you to provide us with certain personal information that we may use to contact or identify you. This information may include, but is not limited to:

• Identifiers such as first and last name; email address, phone number, mailing address, IP address, and online identifiers;
• Protected classification characteristics under state or federal (United States) law such as: race, sex, age, marital status, sexual orientation, insurance information, and prescription information;
• Biometric information such as behavioral characteristics, activity and patterns used to extract health data;
• Preferences (including emotional or romantic orientation);
• Financial information;
• Certain medical information to comply with pharmacovigilance, reporting to regulatory authorities, and for other legal or regulatory requirements.
• Company name and position or title;
• Other commercial information (e.g., records of products purchased from us);
• Internet activity (e.g., information on your interactions with the Site);
• Geolocation data;
• Demographic information;
• Professional or employment related information such as previous employment history;
• Education information;
• Information that we may collect from you offline in connection with business-related interactions with you, such as if you provide information to us at an industry event, business meeting, or contact us by telephone; and
• Any other form or category of personal information which you directly submit to us in any manner, including but not limited to in emails or survey responses.

(b) How We Collect Information

We may collect the categories of personal information listed above from the following categories of sources:

(i) From You

We collect personal information from you in the following ways:

• Directly from you when you:
  • Inquire about our services and offerings;
  • Contact us through the “Contact Us” link on the Site;
  • Sign up for “Investor Alerts” on the Site;
  • Create an account on the Site;
  • Sign up for email updates;
  • Place an order on the Site;
  • Return an item or make an exchange or otherwise communicate directly with us about any of our products and/or services;
  • Enter a contest;
  • Participate in a survey, promotion or event;
  • Apply for a job at the Company;
  • Enter into a contract with us; or
  • Otherwise submit personal information or materials or content containing personal information to us, including but not limited to, via a submission on the Site or via an email or phone call to us.
• Indirectly from you:
  • By observing your actions on the Site;
  • When you have opted into marketing via third-party programs;
  • Via social media platforms;
  • From your employer, principal, authorized representative or agent enters into a contract with us; or
  • When you are referred to us through a marketing promotion.

If you contact us through electronic communication, including by email, we typically retain the email in our file servers and collect any contact information you provide so that we can reply to you.  Your email also contains metafiles that may contain IP addresses, domain names, and other standard file information and this information may be retained electronically on our servers or in routine back-up files.

If you browse the Site, regardless of whether you create a user account, or otherwise interact with the Site, we log your IP address (the internet address of your computer) to tell us which parts of the Site you visit and how long you spend there.  We may also track the state and/or country you are accessing the internet from, the date and time you visited and the type of computer, operating system and web browser you are using.  We may also obtain additional information about you from other sources, including from our suppliers, service providers, public databases, social media and other third parties.  For instance, we may use information obtained from third parties to confirm your contact or financial information, to verify licenses or obtain other information.

(ii) Cookies

We also use “cookies,” pixels, web beacons, and other technologies to receive and store certain information when you interact with the Site. We also allow third parties to use cookies on the Site as described in our cookie policy. You may refuse the use of cookies by selecting the appropriate settings on your browser; however please note that if you do this you may not be able to use the full functionality of the Site.

(iii) Analytics

We utilize third party companies and analytics to help us market, sell, and provide information about our products and services; and we provide your personal information to these third party companies to assist us in conducting business with you. We may use web analytics tools provided by service providers, including, but not limited to, Google Analytics, which is a third party service that transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google.  We may use reports provided by Google Analytics or other similar service providers, to help us understand the Site’s traffic, and web page usage. For more information concerning Google Analytics and how it collects and processes data please see “How Google Uses Data When You Use Our Partners Web Sites or Apps” located at www.google.com/policies/privacy/partners. We may use the information provided by these tools to improve our services and our online advertisements. These tools place session and persistent cookies in your browser to identify you as a unique user the next time you visit the Site. Each cookie cannot be used by anyone other than the service provider (e.g. Google Analytics).

(iv) Other Sources

To the extent permitted by applicable data protection laws, we may also receive personal information or draw inferences about you from other sources. These may include commercially available sources, such as public databases, data aggregators, advertising networks, internet service providers, data analytics providers, social networks, and data brokers. If applicable data protection law requires it, we will obtain your consent before using your personal information for our business purposes.

4. Purposes for Use of Personal Information

We may process, use, sell or disclose the personal information we collect for one or more of the following business purposes:

• Respond to your questions and requests;
• Improve customer service;
• Obtain and make payments;
• Process and track your order;
• Send you email updates;
• Create, maintain, customize, and secure your account with us;
• Provide the products and services you request;
• Identify your product and services preferences;
• Promoting our business and products, including but not limited to providing testimonials;
• Personalize your experience on the Site and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads;
• Provide information concerning products and services you have purchased and products and services that may be of interest to you;
• Help maintain the safety, security, and integrity of the Site, products and services, databases and other technology assets, and business;
• Engage in other activities in the normal course of running a biopharmaceutical company;
• Protecting rights and interests of the Company; and
• To fulfill regulatory and legal requirements.

We may also use your personal information for any other purpose with your consent.

5. How We Share Personal Information

We may disclose your personal information to a third party for a business purpose, or sell your personal information, subject to applicable rights you may have by operation of applicable law.

We may share your personal information with the following categories of third parties:

• Service providers who have been retained to perform services on our behalf to help with proposed or actual business activities, including without limitation, contractors, insurers, physicians, medical providers, email and SMS vendors, hosting and development companies, fulfillment companies, common carriers and payment processors, to help us market our products and services, process orders, deliver products, perform market research, promotions management and otherwise assist us in running our business.
• Data aggregators and data analysis firms.
• Other Parties: We may share information with third parties such as third party marketing companies, for business purposes subject to applicable data protection laws.
• Aggregate Information: We may share aggregate information, such as demographic and usage statistics, with other organizations.

We may share your personal information with our subsidiaries and affiliates, to enforce or apply our terms of use, terms of sale or other agreements, including for billing and collection purposes, to otherwise defend the rights of the Company or its affiliates or business partners and to protect the rights, property or personal safety of our employees, agents, affiliates, business partners, customers or Site users.

We may also disclose information about you (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation or arbitration; (iv) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with the prevention of or the investigation or prosecution into suspected or actual illegal activity; or (v) if in good faith we believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed  by third party forensic investigators and other technology professionals for security purposes – e.g., to detect unauthorized activity on the Site.  In such cases, server log data containing IP addresses may also be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.

We reserve the right to disclose or transfer any information we have about you in the event of a proposed or actual reorganization, sale, lease, merger, joint venture, assignment, amalgamation or any other type of acquisition, disposal or financing, of all or any portion of the Company or of any of our assets (including should we become insolvent, enter into receivership or any similar event occur).  Should such an event take place, we will endeavor to direct the proposed or actual transferee and its advisors to use personal information in a manner that is consistent with this Privacy Policy.

We may take personal information and aggregate data so that it is no longer identifiable. We may use this information to enhance the features of the Site and services. We may also sell or license this aggregated information to third parties or publish the information. We will take reasonable precautions to ensure that such aggregated information does not contain any confidential or otherwise identifiable data that could be used to identify its source.

6. How We Secure Personal Information

We maintain commercially reasonable procedures and technology designed to prevent the unauthorized access of your information that you provide to us.  We maintain reasonable technical, administrative and organizational security measures in place to protect the loss, misuse or alteration of information under our control.  However, we cannot guarantee that unauthorized third parties will never be able to defeat those security measures.

If you believe your information has been accessed in an unauthorized manner, please contact us immediately as provided in Section 13, Contact Us.

7. How We Retain of Personal Information

Except as applicable laws require and as otherwise provided in this Privacy Policy, we will retain the personal information we receive as described in this Privacy Policy for as long 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 all applicable laws and in accordance with our routine information storage policies.

8. Changes and Updates to this Policy

If you choose to do business with us or visit the Site, your visit and any disputes over personal information or privacy are subject to this Privacy Policy.  The Company reserves the right to change this Privacy Policy at any time without notice except as otherwise provided in this Privacy Policy.  Please check back periodically to see if our Privacy Policy has been updated.  Your continued engagement as a vendor, supplier, or customer of the Company or as a user of the Site constitutes your agreement to the terms of this Privacy Policy and any future versions of this Privacy Policy.

9. Governing Law

Unless otherwise required by applicable law, this Privacy Policy, and the Company’s collection and use of personal information, shall be governed and interpreted in accordance with the laws of the United States and the State of Florida.

10. Rights for Individuals Located in the European Economic Area

(a) Scope

This Section 10 applies exclusively to visitors and users of the Site who are located in the European Economic Area (“Data Subjects“).

(b) Rights of Data Subjects

If you are a Data Subject, you have the following rights:

• The right to request copies of your personal information. If you require more than one copy, we may charge you a reasonable fee.
• The right to request that we correct any personal information that you believe is inaccurate, or complete any personal information which you believe is incomplete.
• The right to request that we erase your personal information, under certain circumstances.
• The right to request that we restrict the processing of your personal information, under certain circumstances.
• The right to object to our processing of your personal information, under certain circumstances.
• The right to request we transfer data that we have collected to you or directly to another organization, under certain circumstances.
• The right to withdraw your consent, explicit or otherwise, at any time. If we rely on your consent as the legal basis for our processing of your personal information, we will refrain from processing your data.

For the purposes of European data protection laws, Company is the data controller, the company responsible for controlling the processing of personal information covered by this Privacy Policy.

If you are a Data Subject and would like to exercise any of these rights, please contact us as provided in Section 13, Contact Us.

(c) Transfer of Personal Information

The Site is operated and managed on servers located and operated within the United States.  Any information collected through the Site as described in this Privacy Policy may be stored in the United States or any other country in which the Company or its affiliates or service providers maintain facilities. The United States is not recognized as having adequate safeguards by the European Economic Area, however, we have implemented adequate safeguards by incorporating standard contractual clauses into agreements between the Company and its UK affiliates to address the transfer of personal data.  If you are located outside of the United States, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the United States.

11. Notice for California Residents

(a) Scope; Definitions

This Section 11 applies exclusively to individuals who are residents of the state of California (as defined in Cal. Civ. Code § 1798.140(g)) (“Consumers“). As used in this Section 11, the term “you” shall only refer to a Consumer.

For purposes of this Section 11, “personal information” does not include any information which is excluded from the CCPA’s scope, including but not limited to: (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA) or the Gramm-Leach-Bliley Act (GLBA).

If you are a Consumer, the California Consumer Privacy Act (“CCPA”) provides you with certain rights regarding your personal information. This Section 11 includes additional notices with respect to and describes those rights and provides you with additional information regarding our practices regarding the collection, use, disclosure, and sale of personal information.

This Section 11 discloses the categories of personal information we collect from you, the sources of such personal information and the purposes for use of such personal information.

(b) Information We Collect; Sources of Information; Business Purposes

In the preceding twelve (12) months, we have collected the following categories of personal information described in Cal. Civ. Code § 1798.140(o)(1) from Consumers:

We obtain the categories of personal information listed above from the sources identified in Subsection 3(b), How We Collect Information. We collect and use personal information for the business purposes identified in Section 4, Purposes for Use of Personal Information.

(c) Sharing Personal Information

(i) Disclosures of Personal Information for a Business Purpose

We may disclose your personal information to a third party for a business purpose.

In the preceding twelve (12) months, the Company has disclosed the following categories of personal information for a business purpose:

(ii) Sales of Personal Information

In the preceding twelve (12) months, we have not sold personal information:

(d) Notice of Right to Know About Personal Information Collected, Disclosed, or Sold

You have the right to request that the Company disclose certain information (the “Right to Know“) to you about the Company’s collection, use, disclosure, of your personal information over the past twelve (12) months (a “Request to Know“).

Once the Company receives and verifies your Request to Know (see Subsection 11(f), Exercising Access, Data Portability and Deletion Rights), the Company will disclose to you each of the following items which you include in your Request to Know:

• The categories of personal information the Company has collected about you;
• The categories of sources for the personal information the Company has collected about You;
• The Company’s business or commercial purpose for collecting or selling that personal information;
• The categories of third parties with whom the Company has shared that personal information;
• The specific pieces of personal information the Company has collected about you; (if delivered by mail, a “Data Access Request,” and, if delivered to you electronically in a portable format, a “Data Portability Request“);
• If the Company has sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

To submit a Request to Know, Data Access Request, or Data Portability Request see Subsection 11(f), Exercising Access, Data Portability and Deletion Rights.

(e) Notice of Right to Request Deletion of Personal Information

You have the right to request that the Company delete any of your personal information that the Company has collected from you or has maintained or retained, subject to certain exceptions (a “Request to Delete“). Under certain exceptions, we may deny your right to Request to Delete. We may deny your Request to Delete if the information is necessary for us or our service providers to:

• Complete the transaction for which the personal information was collected, or to provide a good or service that you have requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Identify security breaches, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another Consumer to exercise their free speech rights, or exercise another right provided for by law.
• Enable solely internal uses that are reasonably aligned with Consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To submit a Request to Delete, see Subsection 11(f), Exercising Access, Data Portability and Deletion Rights.

(f) Exercising Access, Data Portability and Deletion Rights

To exercise the access, data portability, and deletion rights described in Subsections 11(d), Notice of Right to Know about Personal Information Collected, Disclosed, or Sold, and 11(e), Notice of Right to Request Deletion of Personal Information, please submit a verifiable consumer request to us by either:

• Emailing us at info@clearfutureinc.com

Only you or your Authorized Agent (as defined below) may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child who is a Consumer.

You may only make a Request to Know, Data Access Request, or Data Portability Request twice within a twelve (12) month period. Your Request to Know, Data Access Request, or Data Portability Request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of such person, which may include:
  • Information which the Company already maintains; or
  • If the Company cannot verify your identity based on information already maintained by the Company, such information that the Company or its representatives request from you.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. [However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.]

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising your right to opt-out of the sale of your personal information, see Subsection 11(g), Right to Opt-Out.

(g) Right to Opt-Out

You have the right to direct us to not sell your personal information at any time (the “Right to Opt-Out“). We do not sell the personal information of Consumers we actually know are less than 16 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the Right to Opt-Out (make a “Request to Opt-Out“), you (or your authorized representative) may submit a  a Request to Opt-Out by contacting us by any of the methods listed in Subsection 11(f), Exercising Access, Data Portability and Deletion Rights. We will act upon a Request to Opt-Out as soon as feasibly possible, but no later than fifteen (15) days after receiving the Request to Opt-Out.

Once you make a Request to Opt-Out, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by emailing us at info@clearfutureinc.com

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with your Request to Opt-Out.

(h) Notice of Right to Non-Discrimination for the Exercise of CCPA Rights

You have the right to not receive discriminatory treatment for your exercise of privacy rights under the CCPA, by, for example, being denied goods or services or being charged different prices for goods or services because of your exercise of CCPA rights.

(i) Authorized Agent

You may authorize another person (an “Authorized Agent”) to exercise any of your rights under the CCPA and this Section 11. To designate an Authorized Agent to make a request with the Company, (i) provide the authorized agent signed permission to submit a request under this Section 11 with the Company, (ii) confirm with the Company that you provided the Authorize Agent permission to submit the request by submitting such signed permission to us by email at info@clearfutureinc.com. Please note that you may be required to verify your identity prior before your confirmation of permission for the Authorized Agent is effective under this Section 11.

(j) Shine the Light

California’s “Shine the Light” law (Cal. Civ. Code § 1798.83) permits Consumers to request certain information regarding the Company’s disclosure of personal information to third parties for their direct marketing purposes.

12. Children

We do not knowingly collect personal information from children under the age of 16 through the Site. Children are not encouraged to use the Site and we request that children under the age of 16 not submit any personal information to the Site. Since information regarding children under the age of 16 is not collected through the Site, we do not sell the personal information of individuals we actually know are less than 16 years of age.

13. Contact Us

If you have any questions or concerns regarding this Privacy Policy or our privacy practices, we encourage you to contact us by:

• sending an email to info@clearfutureinc.com

However, if you are a Data Subject and feel we have not resolved a privacy concern related to personal information processed or transferred by the Company, you have the right to submit a complaint to a supervisory authority.