Terms of Service
Last updated January 2024
Clerksy's Data Privacy and Security Statement
At Clerksy Inc. and our subsidiaries ("Clerksy" or "we"), we are dedicated to adhering to data protection laws, which include the General Data Protection Regulation (EU Regulation 2016/679, the "GDPR"), California Consumer Privacy Act of 2018 (the "CCPA") as amended by the California Privacy Rights Act of 2020, and other relevant US consumer privacy laws. This privacy notice provides details on the personal data we collect, how we utilize that information, and the rights you possess.
In order to operate our business, we process certain personal data. However, we only share your information with third parties in limited circumstances. This may occur, for example, if required by a court order, for our marketing purposes, in the event of a merger, or when collaborating with our business partners and service providers who assist us in supporting our operations. We prioritize the security of your information and take appropriate measures to ensure its protection. For a comprehensive understanding, please refer to the complete Privacy and Security Statement below. If you have any inquiries, please don't hesitate to reach out to us.
Introduction
We value your privacy and are dedicated to safeguarding it by complying with this Privacy and Security Statement. This statement outlines the types of information that may be collected from you or that you may provide, such as when you visit our websites or contact us. It also explains how we utilize, protect, and disclose that information.
It's important to note that this Privacy and Security Statement does not apply to information collected on third-party websites or applications, including advertising, that may be linked to or accessible from our websites. We are not responsible for the privacy policies or practices regarding data collection, use, and disclosure of those sites. We encourage you to review the privacy policies of each site you visit.
We kindly ask you to carefully read this Privacy and Security Statement to understand Clerksy's policies and practices regarding your information and how we will handle it. By accessing or using our websites or services, including email communications, you agree to abide by this Privacy and Security Statement.
Please note that this statement may undergo changes over time, which could affect how we use the information described below. Therefore, we recommend periodically checking the Privacy and Security Statement for any updates.
Notice About How We Use and Protect Personal Information
We collect several types of information for our business operations, including but not limited to:
Information you provide to us. When you navigate our websites or contact us, we may request or you may choose to provide us with certain information. This may include information by which you may be personally identified (“personal information”), such as name, employer, e-mail address or telephone number, and records and copies of your correspondence with us. For security purposes, we may also collect personal information from you if you visit one of our offices.
Information collected from forms on our websites. This may include information provided at the time of registering to use portions of our websites or our products and services, posting material, attending or registering to attend our virtual or in-person events, or requesting further services. We may ask you for information when you report a problem with our websites, products or services.
Usage details, IP addresses and cookies. As you navigate through and interact with our websites, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device, as well as your browsing actions and patterns using common internet technologies, such as cookies and Web beacons. This may include details of your visits to our websites, including information about your connectivity, such as your IP address and browser information, location and time zone data, logs and other communication data, the websites or search terms that referred you to our websites, the resources and pages that you access and use on the websites, and some of the cookies that are installed on your device.
This information helps us to improve our websites and to deliver better and more personalized content and services by enabling us to estimate our audience size and usage patterns, to recognize you when you return to our websites, and to enable us or our third-party vendors to serve ads tailored to your profile.
Email marketing. As a current or previous customer or user of our products or services, you may periodically receive emails from us containing details about features of the products you use and/or about similar products or services that we offer. Such processing may include the placing of beacons, or pixels, that let us know if you have opened our email, how long the email was open, and potentially related location and device information. We do this in order to see which emails are effective and which are not, so that we can improve our content and services. It helps us make sure that you are getting emails from us that you find useful and relevant.
Email alerts. If you sign up to receive email alerts from Clerksy, we will retain your name and contact information for as long as you wish to continue receiving alerts. You may unsubscribe via the ‘unsubscribe’ link that appears at the bottom of our emails, or by contacting privacy@clerksyhr.com.
General business-related information. We may also receive other personal information from or about you in the ordinary course of our business.
We use information that we collect about you or that you provide to us, including personal information:
To present our websites, products and services to you and continuously improve upon them.
To provide you with information, products or services that you request from us, or to market our products or services to you. This may include “remarketing,” which enables the delivery of our marketing content to you on websites across the internet after you visit our websites through use of cookies installed on your browser.
To notify you about changes to our website, products or services (including new offerings) and promotions or events.
To maintain the integrity and security of our websites, products, and services.
For our ordinary business operations, including human resources, recruiting, equity investments, and business research and outreach.
Training and Certification. Clerksy will process the personal information provided by you, or on your behalf, in the course of signing up for, or taking part in, a Clerksy training course or quiz. Clerksy may receive the personal information directly from you if you apply directly through Clerksy’s training properties; from your employer if carried out in the course of your employment; or one of our third-party training providers if you have signed up for the training through them. We will share your information with our third-party training platform and certification providers, as our service providers, for the purposes of enabling the provision of the training courses, quizzes and examinations.
The information processed includes information you provide in the course of your application for a training course or quiz, together with the information collected as you progress through your learning journey (including your taking of the final test/examination and any certification you may receive as a result). The information collected and processed includes your name, contact details, your employer or quiz, the country in which you are located, your progress through the course, the results of any course or quiz and whether you have signed up to training marketing communications.
Where you successfully complete a Clerksy certified course or quiz, we will process your information for the purposes of certifying your successful participation in the applicable course or quiz. Where your training is part of the services provided to your employer, you employer’s privacy notice will apply to the processing of your data. Where you engage with our services through your employer, we may provide the result of any training course or quiz to your employer, where requested. The information will be processed to provide you with the training course you have signed up to and we may use your information to improve our courses, for troubleshooting, for customer service, to investigate complaints, or for legal claims.
Payment Information. If you are purchasing products or services on our websites, and you submit payment information in the course of your purchase, you acknowledge such information will be handled by Stripe according to Stripe’s Global Privacy Policy which can be found here, or as may be provided by Stripe when you complete your transaction.
Legal basis for the processing. We are not allowed to process personal data if we do not have a valid legal ground. Therefore, we will only process your personal data if:
the processing is necessary to perform our contractual obligations towards you or to take pre-contractual steps at your request, such as when we authenticate your log-in to our services or ensure that you only have access to the services and data we have agreed to provide you with;
the processing is necessary to comply with our legal or regulatory obligations, such as tax reporting or regulatory requirements;
the processing is necessary for the legitimate interests of Clerksy, and does not unduly affect your interests or fundamental rights and freedoms (see below);
the processing is necessary for the performance of a task carried out in the public interest; or
in some cases, and as may be requested from you from time to time, we have obtained prior consent.
To the extent that we process any special categories of data relating to you, we will do so because:
the data has been manifestly made public;
the processing is necessary for the establishment, exercise or defense of a legal claim;
the processing is necessary for reasons of substantial public interest; or
you have given your explicit consent to us to process that information (where legally permissible).
Disclosure of Your Information
Protecting your personal information is important to us and we neither rent nor sell your personal information to anyone. We may disclose or transfer personal information that we collect or you provide as described in this Privacy and Security Statement, including:
To a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Clerksy’s assets, in which personal information held by Clerksy about our websites’ users is among the assets transferred.
To our subsidiaries, affiliates, agents, contractors, service providers and other third parties we use to support our business or collaborate with and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes of providing services for or with us.
To comply with court order, law or legal process, including to respond to government or regulatory requests.
To enforce or apply our Terms of Use and other agreements that govern the sale or use of our products and services.
To protect the rights, property or security of Clerksy, our employees, our users or others.
Onward Transfer of Your Information
To facilitate our global operations, and in accordance with applicable laws, we may transfer your personal information to, and access your personal information from, our corporate offices, subsidiaries, and affiliates in the various countries in which we operate, including the United States. Non-EEA countries may not offer the same level of personal data protection as EEA countries.
If your personal data is transferred outside the EEA, we will put in place suitable safeguards to ensure that such transfer is carried out in compliance with applicable data protection rules. To ensure this level of protection for your personal information, we may use a data transfer agreement with the third-party recipient based on standard contractual clauses approved by the European Commission or ensure that the transfer is to a jurisdiction that is the subject of an adequacy decision by the European Commission or utilize another valid basis for transfer meeting the requirements for appropriate safeguards under the GDPR.
You may request additional information in this respect and obtain information regarding the relevant safeguard by exercising your rights as set out below. Where Clerksy transfers personal data to other group companies, we rely on the standard contractual clauses.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. Here are a couple of ways you can have control over your information:
Tracking Technologies and Advertising. Depending on your browser, you may be able to change settings to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the site may then be inaccessible or not function properly. In relation to email, you can disable most email tracking technology by preventing the loading of embedded pictures in the email. You can do this using your email software settings.
Promotional Offers from the Company. If you do not wish to receive promotional e-mail messages from us, you can opt-out by sending us an e-mail at privacy@clerksyhr.com asking to be omitted from future e-mail distributions.
Data Integrity and Proportionality
We only collect and retain as much personal information as needed for specific, identified purposes described in this Privacy and Security Policy and we will not use it in any way that is incompatible with those purposes.
What Are Your Rights and How Can You Exercise Them?
You may have a right to access and to obtain a copy of your personal data as processed by Clerksy. If you believe that any information we hold about you is incorrect or incomplete, you may also request the correction of your personal data.
You may also have the right to:
object to the processing of your personal data;
request the erasure of your personal data;
request restriction on the processing of your personal data; and/or
withdraw your consent where Clerksy obtained your consent to process personal data (without this withdrawal affecting the lawfulness of any processing that took place prior to the withdrawal).
We will honor such requests, withdrawal or objection as required under applicable data protection rules but these rights are not absolute: they do not always apply and exemptions may be engaged. We will usually, in response to a request, ask you to verify your identity and/or provide information that helps us to better understand your request. If we do not comply with your request, we will explain why.
Exercising Your Rights
To exercise the above rights, you may send an email to data-subject-request@clerksyhr.com. If you are not satisfied with how we process your personal data, please let us know and we will investigate your concern. Please raise any concerns by contacting our Data Protection Officer at privacy@clerksyhr.com.
If you are not satisfied with our response, you have the right to make a complaint to the data protection authority in the jurisdiction where you live or work, or in the place where you think an issue in relation to your data has arisen. The contact details of each Data Protection Authority can be found at the following website:
Additional Disclosures for California Residents
This section provides additional information regarding the California Consumer Privacy Act of 2018 (the “CCPA”) as amended by the California Privacy Rights Act of 2020, and supplements the disclosures and information throughout this Privacy and Security Statement. The commitments in this section apply only to individuals covered by CCPA and are subject to certain statutory exceptions laid out in the CCPA.
Notice of Collection
The following is an overview of the personal information we collect, use, and disclose about California residents as a Business (as defined under CCPA), as described in the section "Notice About How We Use and Protect Personal Information" and outlined below:
Collection: In the past 12 months, we have collected the following categories of personal information as identified in the CCPA:
Identifiers: This includes name, postal address, email address, and online identifiers (such as IP address).
Customer records: This includes company name, phone number, and company address.
Characteristics of protected classifications under California or federal law: This includes information such as race, gender, and country of residence.
Commercial or transactions information: This includes details about products or services purchased, obtained, or considered, and other purchasing or consumption histories or preferences.
Internet activity: This encompasses browsing history, search history, and interactions with our websites, emails, applications, and advertisements.
Employment and education information.
Inferences: This includes predictions or conclusions drawn from the above information about your characteristics and preferences.
Sources: We collect this information directly from you, from other individuals or entities (e.g., if someone else or your employer provides your contact information while booking one of our events), or from third-party providers. In some cases, we may also collect electronic personal information automatically as you interact with our websites and advertisements.
Purposes of Collection: We collect and use these categories of personal information for the business purposes outlined in the "Use of Information" section mentioned above.
Disclosure: Any disclosures of this information to third parties within the past 12 months have been in accordance with the permitted categories described in the "Disclosure of Your Information" section.
Sale: As a software company and not a data broker, we do not sell your personal information while providing our services and products to our customers. However, we work with third-party marketing companies that collect certain information about you through website cookies and similar online technologies for marketing purposes.
These third parties may aggregate information collected about you through cookies placed on other websites/mobile apps. According to the CCPA, this type of information sharing could be considered a "sale." We also disclose your information to carefully selected marketing partners, advertising technology vendors, and social media platforms. Such disclosures only occur in limited markets, and if applicable, California consumers can opt out of the sale of their personal information by emailing us at ccpa-requests@clerksyhr.com.
California Consumer Rights: The CCPA grants certain individuals the right to request that a company disclose the personal information it collects, uses, discloses, and sells about them specifically. Individuals also have the right to request the deletion of personal information collected or maintained by the company. If you believe you have such rights under the CCPA and would like to exercise them with respect to Clerksy, please complete the form provided or send an email request to ccpa-requests@clerksyhr.com with "California Request to Know" or "California Request to Delete" in the subject line. For a "Request to Know," please specify the details you would like to access, including any specific pieces of personal information.
For a "Request to Delete," please specify the information you would like to have deleted (which may include all your information as required by the CCPA). Upon receiving a request, we may ask for information necessary to verify your identity and eligibility to assert this right, and we will respond to verified requests in accordance with the CCPA. You also have the option to use an authorized agent to exercise your CCPA rights on your behalf. Rest assured that you will not face any discrimination for exercising your rights under the CCPA, as Clerksy is committed to this principle.
Security
Safeguarding your personal information is of utmost importance to us, and we have implemented appropriate measures to protect it from unauthorized access, use, and disclosure. We have established technical and organizational safeguards to prevent unauthorized destruction, loss, alteration, misuse, disclosure, or access to your personal data. These security measures take into account the latest technology advancements, their implementation costs, the risks associated with the processing activities, and the nature of the personal data, with special attention given to sensitive information.
Please note that the security of your information also relies on your cooperation. If you have been provided with a password to access specific areas of our websites, products, or services, it is your responsibility to keep it confidential and not share it with anyone.
While we employ reasonable security measures, such as Secure Socket Layer encryption for password transmission, it is important to acknowledge that no transmission of data over the internet can be guaranteed to be 100% secure. Therefore, we cannot guarantee the absolute security of any information you transmit to us electronically. Moreover, we are not liable for any unauthorized circumvention of privacy settings or security measures present on our websites.
How Long Do We Store Your Data?
We will retain personal data only for the duration required to fulfill the lawful processing purpose or to comply with applicable legal, regulatory, or internal policy obligations.
Changes to Our Privacy and Security Statement
This Privacy and Security Statement may be updated periodically, and we recommend checking this page regularly to stay informed about any changes. If you have any concerns, questions, or would like to lodge a complaint regarding this Statement, please don't hesitate to contact us at privacy@clerksyhr.com. We are here to assist you and address any issues you may have.
Children Under the Age of 13
Our websites are designed for individuals who are 13 years of age or older. We do not knowingly collect personal information from children under the age of 13. If you become aware that your child has provided us with their personal information without your consent, please contact us at privacy@clerksyhr.com. We will take immediate steps to delete the information from our records.
Data Protection Officer
If you need to get in touch with our Data Protection Officer, please feel free to email us at privacy@clerksyhr.com. We will ensure that your inquiry reaches the appropriate person who can assist you with any data protection concerns or inquiries you may have.
Contact Information
If you have any questions or concerns regarding this Privacy and Security Statement, we encourage you to reach out to us. You can contact us by sending an email to privacy@clerksyhr.com. Alternatively, you may write to us at the following address:
Clerksy, Inc.
Attention: Legal Department, Privacy Statement Issues
17875 Von Karman Avenue.,
Suite 150 and 250
Irvine, CA 92614
We are committed to ensuring that our Privacy and Security Statement is accessible to individuals with disabilities. If you encounter any difficulties accessing the information presented here, please contact us at accommodations@clerksyhr.com so that we can assist you.
Last updated January 2024
Clerksy's Cookie Policy
In this Statement, we, Clerksy, Inc. and our subsidiaries, provide an explanation of how we utilize cookies to recognize visitors like you when you access our website at www.clerksyhr.com ("Sites"). We aim to clarify what cookies are, why we use them, and outline your rights in controlling their usage.
What are Cookies?
When you visit a website, small data files called cookies are stored on your computer or mobile device. These cookies are commonly utilized by website owners to ensure the proper functioning of their websites or to enhance their efficiency. Cookies also enable website owners to gather reporting information for various purposes.
The cookies that are set by Clerksy, the website owner, are referred to as "first-party cookies." On the other hand, cookies set by parties other than the website owner are known as "third-party cookies." Third-party cookies allow the website to offer additional features or functionality provided by third parties, such as interactive content and analytics. The parties responsible for setting these third-party cookies may recognize your computer not only when you visit the specific website but also when you visit other websites.
Why Do We Use Cookies?
We and our partners use both first-party and third-party cookies for various purposes on our Sites. These cookies help us understand which areas and features are popular and allow us to track the number of visits to our Site. Some cookies are necessary for the technical functioning of our Sites and are referred to as "Strictly Necessary" cookies. Other cookies help us track and target user interests and engagement to enhance the overall experience on our Site. Third parties may also serve cookies through our Sites for analytics, improving user experience, targeting our sales and marketing efforts, and other purposes.
For detailed information about the specific types of first-party and third-party cookies we use, their purposes, and their duration, please refer to our cookie list.
Your Choices Regarding Cookies
You have two options for managing the cookies we use. First, you can deactivate the cookies, except for the Strictly Necessary cookies, by using the Cookie Settings tool available in the footer at the bottom left-hand side of any page. This tool allows you to adjust your cookie preferences.
Second, most web browsers provide settings that allow you to manage cookies on your device. You can choose to accept or reject cookies through your browser settings. For more information on how to manage cookies in specific web browsers, please refer to the following links:
Please note that removing cookies from your computer or other devices may impact your subsequent visits to our Sites. For example, you may need to restate your cookie preferences when you return to our Site.
Do You Serve Targeted Advertising?
In our efforts to effectively engage with our customers and potential customers, we may utilize cookies for targeted advertising purposes. These cookies enable us to provide more relevant and tailored advertising experiences.
How Often Will You Update This Statement?
We reserve the right to periodically update this Statement to reflect changes in the cookies we use or for operational, legal, or regulatory reasons. We encourage you to regularly review this Statement to stay informed about our use of cookies and related technologies. The date at the top of this Statement indicates the last update.
Where Can I Get Further Information?
If you have any inquiries regarding our use of cookies or other technologies, please consult our Data Privacy and Security Policy available at this URL: https://www.clerksyhr.com/privacy-and-security/.
Alternatively, you can reach out to us via email at privacy@clerksyhr.com.
Last updated January 2024
Clerksy's Terms of Use Policy
1. Acceptance of Terms
The following agreement sets forth your responsibilities when using the Clerksy website, which can be accessed at https://www.clerksyhr.com/ or any other websites operated by Clerksy, Inc. or its subsidiaries (collectively referred to as "Clerksy") (each referred to as a "Site"). The Site is owned and operated by Clerksy, and is accessed by you under the terms of use described below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE OR ANY CONTENT ON THE SITE. BY ACCESSING THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. CLERKSY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY CLERKSY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. Modifications of Terms of Use
Clerksy retains the right to modify or replace the Terms of Use, at its sole discretion, at any time. In the event that these modifications substantially alter the Terms of Use, Clerksy will inform you by posting an announcement on the Site. The determination of what constitutes a "material change" will be made by Clerksy in its sole discretion, in good faith, and with reasonable judgment. It is your responsibility to review and acquaint yourself with any such changes. By continuing to use the Site after receiving such notification, you indicate your acceptance of the modified terms and conditions outlined in the updated Terms of Use.
3. Content Ownership and Usage Rights
Clerksy maintains all global rights to the intellectual property of the Site, including any content found on the Site. This includes, but is not limited to, trademarks, the overall visual appearance of the Site, such as color combinations, layout, and graphical elements, as well as the copyright to its original content. It is important to assume that all the information and visuals you encounter on the Site are protected by copyright or other intellectual property rights owned by Clerksy or a third party who has licensed the rights to Clerksy. Unless expressly stated otherwise, you are not permitted to copy, reproduce, modify, distribute, transmit, republish, display, or commercially exploit any content from the Site, including the source code or HTML code used by Clerksy to generate the Site, without the prior written consent of Clerksy. The only exceptions are as provided in the Terms of Use or where otherwise allowed by applicable laws.
4. Use of Software
The Software provided by Clerksy on the Site, including any associated information or documentation, is protected by applicable copyright, patent, or other intellectual property rights owned by Clerksy or its third-party licensors. The use of such Software is governed by the terms of the relevant end-user or other license agreements accompanying the Software files. You are authorized to use the Software for personal, non-commercial purposes or for legitimate internal business purposes directly related to your role as a contractor, partner, or current/prospective customer of Clerksy.
Clerksy retains all rights, title, and interest in and to the Software, including but not limited to patent, copyright, trademark, trade secret, and other intellectual or industrial property rights embodied in the Software. You are prohibited from reverse engineering the Software or attempting to uncover its source code, underlying ideas, or algorithms, except to the extent that such restrictions are expressly prohibited by applicable law or where Clerksy has provided the specific Software in source code form.
5. Indemnity
You agree to indemnify and defend Clerksy, its parent companies, subsidiaries, affiliates, customers, vendors, officers, and employees against any liability, damages, or costs (including reasonable attorney's fees and expenses) arising from any claim or demand made by a third party due to or arising out of your access to or use of the Site, your violation of the Terms of Use, or your infringement of any intellectual property or other rights of any person or entity.
6. Warranty Disclaimers
While great care has been taken in obtaining and presenting the information on the Site, Clerksy does not provide any express or implied guarantee or warranty regarding the reliability, accuracy, timeliness, or completeness of the information. Clerksy assumes no responsibility for any errors or omissions in the information provided. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER CLERKSY NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF CLERKSY, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. CLERKSY IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL CLERKSY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
7. Linking and Framing
Clerksy permits links to the homepage of the Site on third-party sites, provided they are presented in an appropriate context. However, without prior written consent from Clerksy, "framing" or "mirroring" the Site or any of its content is strictly prohibited. The Site may include links to other websites or resources on the Internet. These links and resources are provided for convenience and informational purposes only, unless expressly stated otherwise. As Clerksy has no control over such external sites and resources, you acknowledge and agree that Clerksy is not responsible for their availability. Clerksy does not endorse and is not liable for any content, advertising, products, services, or other materials on or available from such sites or resources, including the organizations publishing those websites. Additionally, you acknowledge and agree that Clerksy is not responsible for the accuracy or legality of any third-party sites or resources, or the content accessible through them. Furthermore, you acknowledge and agree that Clerksy shall not be directly or indirectly responsible or liable for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any external site or resource. For inquiries regarding the content of external third-party websites, please contact the respective website directly.
8. Trademarks and Trade Names
The trademarks and trade names of Clerksy, including the company name, graphics, logos, designs, page headers, button icons, scripts, and other product and service names, are the exclusive property of Clerksy. The use of Clerksy's trademarks and trade names, including incorporating them into trademarks or domain names, is strictly prohibited. It should be noted that Clerksy, Inc. is not affiliated with, endorsed by, or sponsored by any of its business partners or associates.
9. Electronic Communications
We have implemented reasonable security measures and precautions to safeguard the security and integrity of email and other electronic communications sent to us. However, please be aware that no method of transmission over the Internet can guarantee complete security. Therefore, we cannot ensure the absolute confidentiality or security of any electronic communication or its contents. Any information you transmit to us via electronic communication is done so at your own risk, and it is important that you exercise caution and carefully consider the information you choose to send us through such channels.
10. Security
Users are strictly prohibited from engaging in any activities that may violate or attempt to violate the security of the site. Clerksy takes such violations seriously and will thoroughly investigate any suspected instances. We are committed to cooperating with all relevant law enforcement authorities to prosecute any individuals found to be in violation of security protocols or engaged in unauthorized activities on the site.
11. United States Government Rights
The Software provided by Clerksy is considered a "commercial item" as defined in accordance with 48 C.F.R. 2.101. This includes "commercial computer software," "commercial computer software documentation," and "commercial services." If you are a U.S. governmental entity, you acknowledge and agree that the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software and any related documentation, including technical data and manuals, will be subject to restrictions as outlined in Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. Additionally, it is understood that the Software has been developed entirely at private expense, and any use of the Software not in accordance with the granted license is strictly prohibited.
12. Miscellaneous
The Terms of Use constitute the complete agreement between users of the Site and Clerksy regarding the subject matter discussed herein. In the event of a breach of any term in the Terms of Use, Clerksy reserves the right to pursue any available legal or equitable remedies, including but not limited to seeking direct, consequential, and punitive damages, as well as injunctive relief. It is important to note that Clerksy's remedies are cumulative and not exclusive. The failure of Clerksy to exercise any remedy or enforce any portion of the Terms of Use at any given time does not constitute a waiver of any remedy or the right to enforce any part of the agreement at any future time. Users of the Site are responsible for complying with all applicable laws and regulations. Any dispute arising from the Terms of Use will be governed by the laws of California, regardless of any conflicts of law principles. Furthermore, any legal action related to the Terms of Use must be filed and maintained in a court located in the state of California, USA. By using the Site, users consent to the exclusive jurisdiction and venue of such courts for the purpose of such legal actions. It should be noted that if you are legally exempt from certain responsibilities, those specific responsibilities do not apply to you under these terms.
12. Contact
If you have any questions or comments regarding the Terms or the Site and/or the Services, we encourage you to contact us via email at support@clerksyhr.com. We will make every effort to respond to your inquiry within a reasonable timeframe. By reaching out to us, you confirm that you have the freedom to contact us and that you will not knowingly submit any information to Clerksy that infringes upon the rights of third parties, including intellectual property rights. Additionally, you acknowledge that, regardless of anything stated herein, any and all rights, including intellectual property rights, to the information provided will exclusively belong to Clerksy. Clerksy retains the discretion to use or not use such information as it sees fit.
Last updated January 2024
Clerksy's Modern Slavery Statement
Introduction from the CEO, Albert Roberson
Modern slavery is a grave offense and a direct violation of fundamental human rights. It encompasses several forms, including slavery, servitude, forced and compulsory labor, and human trafficking. These practices strip individuals of their freedom and exploit them for personal or commercial gain.
At Clerksy, we unequivocally condemn modern slavery and human trafficking.
Our commitment to eradicating modern slavery is unwavering. This statement on Modern Slavery and Human Trafficking reflects our continuous efforts to ensure full compliance with all relevant laws and regulations. We are dedicated to mitigating any potential risks of human trafficking in our business operations and those of our suppliers.
Organizational Structure
Clerksy, Inc. and its affiliated entities, collectively referred to as "Clerksy," specialize in delivering data management and analysis software solutions to a diverse range of customers in both the public and private sectors. With our headquarters based in Irvine, CA, USA, we have a global presence and employ a talented workforce spanning across more than 10 countries.
Our clientele encompasses various industries, including financial services, law enforcement, education, healthcare, military, intelligence, and manufacturing. We are privileged to serve organizations worldwide, providing them with cutting-edge software and services to meet their data management and analysis needs.
In addition to our commercial ventures, we are proud to contribute to the fight against modern slavery and human trafficking. We extend our software and services to non-profit organizations dedicated to combating these egregious crimes. By leveraging our expertise, technology, and resources, we strive to support and collaborate with those working tirelessly to eradicate modern slavery and human trafficking from society.
Our Supply Chains
The core components of our supply chain primarily encompass professional and office services, as well as office goods. Our professional service suppliers encompass a wide range of consultants from diverse fields, travel agents, and external legal counsel. For office services, we engage with providers offering delivery services, catering, maintenance, repair, and cleaning services. In terms of office goods, our suppliers include those specializing in computer hardware and software, copiers, telephone systems, office furniture and fixtures, office supplies, and related products. These suppliers play a crucial role in supporting our operations and ensuring the smooth functioning of our business.
Our Policies on Slavery and Human Trafficking
At Clerksy, we are dedicated to maintaining slavery-free and human trafficking-free supply chains and conducting our business with the utmost integrity. Our personnel are bound by a comprehensive code of conduct that outlines our commitment to ethical business practices and adherence to relevant regulations.
Considering the nature of our business as a sophisticated software development company, the risk of slavery and human trafficking practices within our own operations is extremely low. Our activities primarily involve skilled labor that does not align with the types of work typically associated with such practices.
Additionally, our office services suppliers are engaged in a range of activities, spanning from higher-skilled to lower-skilled tasks, but all performed in close proximity to or in collaboration with our Clerksy personnel. Consequently, these services are conducted within a professional environment, making it difficult, if not impossible, for exploitative practices to go unnoticed.
Furthermore, our office goods suppliers consist of reputable retailers and wholesalers. We carefully select suppliers who do not source from industries or regions where the risks of modern slavery and human trafficking are relatively high.
To ensure compliance and address any modern slavery concerns, we have conducted a thorough review of our workplace policies and procedures. This assessment evaluates their effectiveness in identifying and addressing modern slavery issues. Our workplace policies and procedures reflect our unwavering commitment to ethical conduct and integrity in all our business relationships. We have implemented robust systems and controls to ensure that our supply chains remain entirely free from slavery and human trafficking.
By continuously monitoring and reinforcing these measures, we are actively taking steps to guarantee that every aspect of our business operates in accordance with our commitment to eradicating modern slavery and human trafficking.
Supplier Adherence to our Values
At Clerksy, maintaining ethical conduct and integrity in all our business relationships is a top priority. To uphold these values, we have established robust policies and procedures within our workplace.
Furthermore, we have implemented effective systems and controls to guarantee that our supply chains remain completely free from slavery and human trafficking. As part of our commitment, we are enhancing our compliance program with specific measures targeting our supply chain:
Internal Training: We provide comprehensive training to our procurement and sales personnel to ensure they have a strong understanding of the issues surrounding slavery and human trafficking. This training equips them with the knowledge and tools necessary to identify and address any related concerns within our supply chains.
Dedicated Reporting Channels: We have established dedicated reporting channels that allow employees to confidentially report any suspected cases of slavery or human trafficking. These channels ensure that any concerns raised are appropriately investigated and addressed in a timely manner.
Supplier Agreement Clauses: We incorporate clauses in our supplier agreements that explicitly require adherence to the Modern Slavery Act and reporting obligations. These clauses serve as contractual commitments from our suppliers to uphold ethical practices and provide transparency regarding their efforts to combat modern slavery and human trafficking.
To support our efforts in this area, we have a specialized compliance team that works closely with our procurement and sales teams. This dedicated team provides guidance and assistance on matters relating to slavery and human trafficking. Their expertise ensures that any potential risks or issues within our supply chains are promptly identified and effectively managed.
Through these measures, we are actively strengthening our compliance program and ensuring that all aspects of our business, including our supply chains, align with our commitment to eradicating modern slavery and human trafficking.
Reporting and Training
At Clerksy, we take the issue of modern slavery and human trafficking seriously. We provide various avenues for our personnel to report any suspected incidents, ensuring a proactive approach to addressing such concerns. Our reporting channels include direct access to our compliance team for in-person reporting, as well as an anonymous reporting system to protect the confidentiality of those who prefer to remain unidentified.
Recognizing the importance of awareness and understanding, we are committed to providing regular training to our personnel involved in sales or procurement activities. Through annual training sessions, we ensure that our employees are well informed about the risks associated with modern slavery and human trafficking in our supply chains and broader business operations.
As mandated by section 54 of the Modern Slavery Act 2015, we hereby present our slavery and human trafficking statement for the 2024 financial year (FY24). This statement encompasses Clerksy, Inc. and includes our subsidiary, Clerksy, Ltd UK, as applicable under the UK Modern Slavery Act.
Albert Roberson
Founder/CEO
Clerksy, Inc.