Last revised: May 22nd, 2018
Principles of data protection
1. The Information We Collect.
Information Submitted by You
Information about you. We collect information about you when you participate in our research process and use the Services in a variety of ways:
When you create an account, you provide us with information such as your name and email address either directly or via your LinkedIn account. We may also ask for your credit card or other banking details if you purchase certain Clutch Services. You can provide additional information to enhance your profile such as your location, industry, bio, picture, and phone number. If you believe that someone has created an unauthorized account depicting you or your likeness, you can request its removal by contacting us.
- As part of the review submission process, we will collect your name, company name, phone number, and email address for our records, but this information will not be made available to the public.
- For posted reviews, you will have the option to either remain anonymous (e.g., only your generic job title, company description, industry, company size, and location will be posted with your review) or attribute your comments by providing information such as your name, company name, project details, and your photo. If you choose to attribute your review, you agree that we may publicly display such information in connection with your review through the Services.
- When you complete a survey, your responses will remain anonymous, and we will only display the results along with a generic job title, department, industry, company size, and location.
Information about others. You may provide information about others (e.g. clients), including their names, emails, phone numbers and companies to support our reference check and review process. You should obtain the consent of other individuals prior to providing Clutch with their information. The information you provide about others is only used in the reference check and review process.
Information from Third Parties
We may also obtain information about you if it is contained in user-generated content that other users post to or on our Services. For example, a user could include information about you in a review they post.
Automatically Collected Information
Cookies are files that websites and online services create and access on your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device to help us recognize you, improve your experience, increase security, and measure use of our Services. Our Services may use HTTP cookies, HTML5 cookies, Flash cookies and other types of local storage (such as browser-based or plugin-based local storage). Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Manager by following Adobe’s instructions here (link is external) (instructions vary depending on your operating system and version of Flash). Please note, however, that without cookies or local storage you may not be able to use all of the features of our Services.
We may also collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), and may use that information to customize the Services with location-based information, advertising, and features. For example, if you provide a zip code that indicates that you live in New York, the Services may be customized with New York-specific information and advertisements. In order to do this, your location information may be passed along to our agents, vendors or advertisers. If you access the Services through a mobile device and you do not want your device to provide us with GPS location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
2. How We Use Information.
What legal basis do we rely on to process your Personal data?
- Consent - When you receive our promotional material, you consent that your Personal data will be processed by us and we rely on this consent. You have the right to withdraw consent at any time. We will stop to process data after consent is withdrawn, where consent is the only legal basis for processing.
- When you fulfill a contract – We will process your Personal data when you take steps to enter into a contract with us such as sign up for a free trial, use or purchase our service or products and for the performance of contract that you have entered with us.
- Legitimate Interest – We process your data when it is in our legitimate interests to do this and when these interests are not overridden by your data protection rights.
- Legal obligation - We may process your Personal data to comply with our legal and regulatory obligations such as preventing, investigating and detecting crime, fraud or anti-social behaviour and prosecuting offenders, including working with law enforcement agencies. Your data may be processed in order to satisfy the applicable law or enforceable governmental request. We use the information we collect about you to:
- Establish your account and provide the Services;
- Fulfill your requests and provide customized content to you;
- Communicate with you through email, notices posted on the website, and other means available through the Services.
- Create, tailor, deliver and study the effectiveness of advertising and promotional material both on and off of the Services, as well as for analytics (including as described in the Online Analytics, Advertising and Do-Not-Track section below);
- Improve the Services and to research and develop innovative features and new services;
- Provide feedback to third party businesses that are listed on the Services; and
- Investigate, prevent, or take action regarding unlawful or harmful activities, including potential threats to the physical safety of a person, potential fraud, and violations of our Terms of Service.
3. How We Share Information.
Information about you may be shared for the following purposes:
- Any information included in your user profile and any content you post on Clutch (e.g., your reviews) may be seen by others. When you post a review, your content, including your name as the contributor (if the review is not anonymous), may also be displayed in search engine results.
- If you provide any reviews or testimonials either about Clutch or service providers covered in our research we may post those reviews or testimonials or portions thereof. Reviews or testimonials and advertisements may include your name (if the review is not anonymous), title, company, and other information that you have provided.
- When we have your consent or where it is necessary to carry out your instructions;
- As reasonably necessary to provide Clutch features and functionality to you; We may share your information with third-party vendors or business partners who provide services on our behalf, which may include analytics, customer service, survey providers, payment processing, marketing, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our Services. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
- In connection with significant corporate events (for example, we may share or disclose information we have about you in the event we sell or transfer all or a portion of our business or assets — such as in connection with a merger, acquisition, reorganization, bankruptcy, dissolution or liquidation — or take steps in anticipation of any such event);
- When we believe in good faith that sharing is reasonably necessary to investigate, prevent, or take action regarding possible unlawful activities or to comply with legal process or other legal requirements; when we deem disclosure appropriate in situations involving potential threats to the physical safety of any person, potential violations of our terms, or claims of violation of the rights of third parties; or when we deem disclosure appropriate to protect the rights, property and safety of us, our employees, users, or another person or entity (the disclosures described here may involve the sharing of your information with, for example, law enforcement, government agencies, courts, or other parties).
4. Online Analytics, Advertising and Do-Not-Track.
Online Analytics Providers
To help us better understand your use of the Services, we may use third-party analytics. These third parties use the sorts of technologies described in the “Automatically Collected Information” section above. The information collected by this technology will be disclosed to or collected directly by these service providers.
Advertising Technology Providers
Data about your activities on our Services may be collected by us or by advertising technology providers for use in delivering online advertising tailored to your individual characteristics, activities, interests and other factors. These ad services may track your online activities over time by collecting information through automated means, including through the use of the various technologies described above, and they may use this information, and other information they receive from us or other sources, to deliver advertisements to you on our website, our emails, and other websites. We and third-party vendors may use first-party cookies and third-party cookies together, and other automated technologies, and in some cases additional information, (i) to inform, optimize, and serve ads based on past visits to our Services or other factors and (ii) to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Services or other factors.
You may visit the Network Advertising Initiative’s Consumer Opt-Out page (link is external) or the Digital Advertising Alliance’s Consumer Opt-Out page (link is external) to opt out of receiving tailored advertising based on your Internet browsing activities from companies that participate in those programs. Some of our advertising-related activities may involve the services of companies that do not participate in those programs. For example, we use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our Website. You can set preferences for how Google advertises to you using the Google Ad Preferences page (link is external). The opt-outs apply only to the browser in which you set them. For example, if you set the opt-out while using Firefox, but then use Chrome, the opt-out will not be active in Chrome. To opt out in Chrome, you will need to repeat the opt-out process.
Do Not Track Disclosure
Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. However, we do not recognize or respond to browser-initiated DNT signals, as the internet industry is still working to determine what DNT means, how to comply with DNT, and how to create a common approach to responding to DNT.
5. Information Access, Correction, and Deletion Options.
You have a right to (1) access, modify, correct, or delete certain aspects of your information regarding your user profile, and (2) close your user account. You can also contact us regarding any account information which is not on your profile or readily accessible to you. If you close your account, your information may be removed or unpublished from the Services within a reasonable amount of time.
Once you submit a review and the review has been approved for posting, it cannot be edited or removed. You will have the ability to submit a revision to appear below your original posting and to revise your star ratings.
Note that information that others have copied may remain visible and you may not be able to access, correct, or eliminate any information about you that others copied or exported out of Clutch, because this information may not be in our control. Your information may be displayed in search engine results until the search engine refreshes its cache.
We retain your information as long as your account is active or as needed to provide you services or because we have an ongoing legitimate business need to do so. We also retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We store your information as long as is necessary for the purpose for which we have collected it. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if it is possible (e.g. your personal information is stored for backup archives) then will securely store your personal information and isolate if from any further processing until the deletion/erasure is possible.
We have implemented various technical, administrative, and physical safeguards to protect your information. These safeguards vary depending on the sensitivity of the information at issue.
7. Third Party Links and Services.
8. Changes to this Policy.
9. Children’s Privacy.
The Services are not intended for use by children under the age of 13. We do not knowingly collect (or knowingly allow any third party to collect) personal information from persons under the age of 13. If we become aware that personal information has been collected from a person under the age of 13, we will delete this information and terminate the person’s account as quickly as possible.
10. International Users.
11. Your California Privacy Rights.
We do not disclose your personal information to third parties for their own direct marketing purposes without your consent. If you have any questions regarding this policy, or would like to change your preferences, you may contact us using the information in Section 13 below.
12. Your Rights within the EU
Whenever you use our services from within the EU the following rights apply to your user account:
The right to be informed, The right of access, The right to rectification, The right to erasure, The right to restrict processing, The right to data portability, The right to object and rights in relation to automated decision making and profiling.
If you wish to exercise any of the above rights, please contact us using the contact details set out below. For the protection of your privacy and security, our Data protection team shall take every reasonable step to ensure that your identity is verified before granting access, or rectification, or deletion.
13. No Rights of Third Parties.
14. How to Contact Us.
If you live in the EU, the Controller of your data is Clutch with its principal place of business at 1146 19th Street, NW, Suite 400, Washington, DC 20036.