Privacy Policy

Last Updated: July 31, 2023

Introduction

Clair Inc and its subsidiary (together "Company" or “We" or “Clair”) facilitate the provision of financial services to hourly workers, including wage advances. Clair respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy explains and governs how the Clair collects, uses, discloses, and otherwise processes personal information or personal data when you download, access, or use the Clair Website or Mobile Application (“Clair Website and Mobile App”) to access Clair’s products and services (collectively, the “Services”).

Scope

Personal information or personal data refers to any data or information which relates to an identified or identifiable natural person, and are subject to applicable data protection laws, including the EU General Data Protection Regulation 2016/679 (“GDPR”) or the California Consumer Privacy Act (Assembly Bill 375), as amended (“CCPA”).
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Clair is a data processor (under GDPR) or service provider (under CCPA) and users of the Clair Website and Mobile App are the data controllers (under GDPR) or businesses (under CCPA) for such personal data or personal information. Additionally, Clair may act as an independent controller or business of personal information or personal data with respect to its own processing activities. In certain instances, Clair uses third-party processors and sub-processors on the Clair Website and Mobile App to provide its Services, for example using Freshworks for customer support.
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Residents of California are afforded certain rights regarding their personal information or personal data. Under the CCPA, personal information or personal data refers to “information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device.”
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Clair’s processing of personal information for the Services using the Clair Website and Mobile App is governed by this Privacy Policy. Clair may act as an independent controller or business of personal information or personal data with respect to its own processing activities.
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Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Clair Website and Mobile App.

Our Privacy Policy Explains:

Information We Collect About You
How We Use Your Information
How We Share Information
How We Retain and Protect Information
Accessing and Correcting Your Information
Persons Under the Age of 18
Cross-Border Data Transfer
Data Subject Rights under GDPR & Right to Request to Know or Request to Delete Under CCPA
Additional Information Regarding European Union, Swiss, and UK Personal Data
Additional Information Regarding California Personal Information
Changes to the Product Privacy Policy
Contact Us

Information We Collect About You

As a user of the Clair Website and Mobile App, you will be asked to provide us with the following categories of information:

Category

Examples

A. Personal and Associated Identifiers.
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First and last name, physical address, email address, telephone number, social security number, date of birth, employer, job title, bank account numbers

B. Internet or other similar network activity.

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Information based upon your use of the Clair Website and Mobile App, including browsing history, search history, and information regarding your interaction with the Clair Website and Mobile App

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

Personal and Associated Identifiers: Directly from you. When registering for the Services, create an account, or from forms you complete.
Internet or other similar forms of network activity: Indirectly from you using cookies, web beacons, the equipment you use to access the Services, automatic data collection technology, and from observing your actions on the Clair Website and Mobile App.

How We Use Your Information

Clair uses or discloses the personal information we collect for the following purposes:

To provide, support, personalize, and develop the Clair Website and Mobile App
To create, maintain, customize, and secure your account with us
To process your requests for customer support, purchases, transactions, and payments and prevent transactional fraud
To respond to inquiries and complaints
To help maintain the safety, security, and integrity of the Clair Website and Mobile App and Services, databases, and other technology assets, and business
Enforce the terms and conditions that govern the Services; and other agreements, including for billing and collection purposes
For testing, research, analysis, and product development, including to develop and improve the Clair Website and Mobile App and Services
In an aggregated, de-identified, anonymized, and generic manner: to market the Services, survey usage, set benchmarks, feature suggestions, product analytics, and develop new product features or Services

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

How We Share Information

We may share the information or data we collect, or you provide as described in this Privacy Policy:

With your consent and only to the extent necessary to provide the Services
With Clair subsidiaries and corporate affiliates
With service providers (including payroll providers, processors, sub-processors) and other third parties for a business purpose (e.g., to help us provide, manage, and improve our Services). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
With your consent with Plaid Inc. (“Plaid”), Clair uses Plaid to gather your data from financial institutions. By using the service, you grant Clair and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid end user privacy policy.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Clair, and/or that of you or others
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the Clair Website and Mobile App users is among the assets transferred

How We Retain and Protect Information

Clair retains personal information or personal data for as long as necessary to (a) provide the Services; (b) comply with legal obligations; and (c) resolve disputes. Clair uses appropriate, commercially reasonable physical, electronic, and procedural safeguards to protect personal information and data from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction in accordance with applicable law. We cannot, however, guarantee that any safeguards or security measures will be sufficient to prevent a security problem. We recommend that our customers take steps to protect against unauthorized access to any devices, networks and applications connected to the Services.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Clair Mobile App and visiting your account profile page.
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You may also send us an email at support@getclair.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Persons Under the Age of 18

In compliance with the Children’s Online Privacy Protection (“COPPA”), the Clair Website and Mobile App is not intended for persons under 18 years of age. No one under age 18 may provide any information to or on the Clair Website and Mobile App. We do not knowingly collect personal information or data from persons under 18. If you are under 18, do not use or provide any information or data on the Clair Website and Mobile App. If we learn we have collected or received personal information or data from a person under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at:
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P.O. Box 1791
New York, NY 10159
‍support@getclair.com
‍+1 (833) 462-5247

‍California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

Cross-Border Data Transfer

Clair provides its Services primarily from the United States, where we are headquartered. To provide the Services, Clair or its sub-processors may transfer personal information or personal data about its end users outside of the country in which end users are located, including to the United States or to other jurisdictions that may not be subject to equivalent data protection laws.
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When transferring personal information or personal data across borders we take steps reasonably necessary to ensure that the information or data is subject to appropriate safeguards, is treated securely and is transferred under an approved data transfer mechanism pursuant to applicable data protection laws.

Additional Information regarding European Union, Swiss, and UK Personal Data

Clair’s legal bases for our processing of personal information is based on one or more of the following:

Bases for Processing

Explanation

Consent
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The consent provided to us when you share or submit personal information to us.

Legitimate Interest

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For example, we may use your data for fraud and security monitoring to ensure our networks and the Clair Website and Mobile App are secure, to administer or conduct our business (for example, recordkeeping and billing), and to respond to your inquiries and complaints.

Legal Obligation
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Our compliance with a legal obligation that we are or may be subject to.

Contract‍

Our performance of other agreements with you.

Data Subject Rights under GDPR & Right to Request to Know or Request to Delete under CCPA

Clair will not collect, retain, share or use personal information except as necessary to provide the Services. We do not sell, as defined under CCPA, personal information. As the data controller, Clair is responsible for responding to your request to exercise any right afforded you under applicable data protection law, including the GDPR and the CCPA.

Changes to This Privacy Policy

Clair may change this Privacy Policy from time to time by publishing a revised Privacy Policy on the Clair Website and Mobile App. Your continued use of the Clair Website and Mobile App after we make changes is deemed to be acceptance of those changes.

Contact Information

If you have any questions or comments about this Privacy Policy, please do not hesitate to contact us at:
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P.O. Box 1791
New York, NY 10159
‍support@getclair.com
‍+1 (833) 462-5247

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Clair Spending is a demand deposit account established by, and the Clair Debit Card is issued by, Pathward, N.A., Member FDIC. Mastercard® and the circles design are registered trademarks of Mastercard International Incorporated. Clair Savings Account is established by Pathward, N.A., Member FDIC.
*Cash Back is an optional rewards program offered by Clair. It is not a Pathward, nor Mastercard product or service nor does Pathward, or Mastercard endorse this program.
** The Clair Savings Account is established by Pathward, N.A., Member FDIC. Interest is calculated on the Daily Balance of the Savings Account and is paid monthly. The interest rate paid on the entire balance will be 1.98% with an annual percentage yield (APY) of 2%. The interest rate and APY may change. The APY was accurate as of 11/04/22. No minimum balance necessary to open the Savings Account or obtain the yield. You must have or obtain a Spending Account in order to obtain and open a Savings Account, and you must be the primary accountholder of your Spending Account. Savings Account funds are withdrawn through the Spending Account, and transaction fees could reduce the interest earned on the Savings Account. Funds on deposit are FDIC-insured through Pathward, N.A., Member FDIC. For purposes of FDIC coverage limit, all funds held on deposit by the accountholder at Pathward, N.A., will be aggregated up to the coverage limit, currently $250,000.00.

THIS IS A LOAN SOLICITATION ONLY. MAVERICK PAYMENTS INC, D/B/A CLAIR, IS NOT THE LENDER. INFORMATION RECEIVED WILL BE SHARED WITH ONE OR MORE THIRD PARTIES IN CONNECTION WITH YOUR LOAN INQUIRY. THE LENDER MAY NOT BE SUBJECT TO ALL VERMONT LENDING LAWS. THE LENDER MAY BE SUBJECT TO FEDERAL LENDING LAWS. (Added 2017, No. 22, § 25.)