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Additional Privacy Disclosures for U.S. Residents

Effective Date: January 1, 2023

For residents of California, Colorado, Connecticut, Nevada, Utah and Virginia: These Additional Privacy Disclosures for U.S. Residents (“U.S. Notice”) supplements the Clever Privacy Policy as well as any other agreement you may have with us. Any terms we use in this U.S. Notice that aren’t defined will have the meaning we provide in the Privacy Policy or other agreements.

For the purposes of this U.S. Notice, personal information does not include publicly available information or deidentified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to you. Additionally, this U.S. Notice does not apply to information relating to our employees, contractors, or other personnel.

A note about Student Data. Clever provides the Services to Schools as a “School Official” under FERPA. That means that we collect, retain, use and disclose Student Data only for or on behalf of a School customer for the purposes of providing the Services specified in our agreement with the School, and for no other commercial purpose. applicable state privacy laws, we collect, retain, use and disclose Student Data as a service provider or processor to our School customers and this U.S. Notice does not describe our practices with regard to Student Data or any other personal information we process as a service provider. If you have a question or would like to exercise your privacy rights available under FERPA or other applicable laws, please contact your School directly.

Collection and use of personal information. We collect personal information from and about you for a variety of purposes. For example, we use personal information to respond to your requests, engage with you as a customer, developer or other vendor, and provide our Services to you or receive Services from you; for marketing and advertising purposes; to monitor, improve, and develop our products and Services; and to protect the security and integrity of our business, comply with legal requirements and obligations; for our business and operational purposes; and as otherwise permitted or required by law.

The type of personal information we collect will depend on how you engage with us (for example, as a customer or potential customer, as a Developer, or as a website visitor). In the last 12 months, we have collected the following categories of personal information:

We collect this information directly from you, from our business partners and affiliates, from your browser or device when you visit our websites, or from third parties that you permit to share information with us.

Sensitive Information. Some of the categories of personal information described in our Privacy Notice may be classified as “sensitive” under certain U.S. state privacy laws (“sensitive information”), including payment card information or financial account number and routing number; and your username and password. We use this sensitive information for the purposes set forth in the How We Collect and Use Information section of our Privacy Policy to the extent necessary for the operation of our Services, to enter into and perform a contract with you, to comply with legal and regulatory requirements or as otherwise permissible for our own internal purposes consistent with law. Additionally, we may process sensitive personal information, such as information collected from a child or information about health or disability, in our role as a service provider on behalf of our customers.

Deidentified Information. We may process personal information to create deidentified data that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual. Where we maintain deidentified data, we will maintain and use the data in deidentified form and will not attempt to reidentify the data except as required or permitted by law.

Disclosure of Personal Information. We share personal information with third parties for business purposes or we may sell your personal information to third parties, subject to your right to opt out of those sales (see Your Rights and Choices below). The categories of third parties to whom we disclose your personal information may include: (i) our service providers and advisors, (ii) vendors who assist us with marketing and advertising our services; (iii) analytics providers; (iv) third parties with your consent or at your direction, or with whom you interact through our Service.

When we disclose your personal information to our service providers, vendors or other third parties that process the information on our behalf, we have entered into a written contract that includes terms substantially similar to this notice and we will remain liable for any breach of this notice that is caused by the acts or omissions of our service providers.

Data Sales and Targeted Advertising. We do not sell personal information. However, on some adult-facing portions of our website we may allow third party partners to collect device and usage data for purposes of tracking adult visitors to our website for analytics, advertising, research and attribution purposes, which may be considered a “sale” under certain state data protection laws. You may be able to limit or opt-out of the sale of personal information or the processing of personal information for purposes of targeted advertising purposes (as described in the Your Rights and Choices section below).

Please note that we do not sell the personal information of consumers we know to be less than 16 years of age or use or share such information for targeted advertising purposes. We do not permit third party advertising networks to collect information about Student’s use of our products and we will never use Student Data for targeted advertising purposes.

Your Rights and Choices. Depending on your state of residence, you may be able to request to exercise the following rights:

You also have the right to be free of retaliatory or discriminaory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.

To Submit your Privacy Rights Requests. You may submit a request to exercise your privacy rights through one of the mechanisms described below. We may need to verify your identity and state of residency before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

Authorized Agents. In certain circumstances, you may permit an authorized agent to submit requests on your behalf. The authorized agent must provide a letter signed by you confirming the agent has permission to submit a request on your behalf or must provide sufficient evidence to show that the authorized agent has been lawfully vested with power of attorney. For security purposes, we may need to verify your identity and confirm directly with you that you have provided the authorized agent permission to submit the request, and it may take additional time to fulfill agent-submitted requests. We may deny a request in the event we are not able to verify the authorized agent’s authority to act on your behalf. Please note that for privacy and security reasons, we will direct future communications to the data subject on whose behalf the request was made.

Appealing Privacy Rights Decisions. Depending on your state of residency, you may be able to appeal a decision we have made in connection with your privacy rights request. All appeal requests should be submitted via email to trust@clever.com.

Changes to this U.S. Notice. Clever may modify or update this U.S. Notice from time to time so you should review this U.S. Notice periodically.