“Agreement” means these Terms of Service;
“Service” refers to the services that we provide through our Site, as well as the goods that we sell, including but not limited to our drug testing kits;
“Site” refers to our website, www.testclear.com;
“Testclear” refers to our business entity, our Site, or our Service, depending on the context of the usage;
“User” refers to you, other customers, end users of our product, and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Testclear.
3. Information Collected
Identifying Information Collected by Us
When you sign up for our Service or purchase our products, you will be asked for certain information, including your name, e-mail address, mailing address, credit or debit card information, and telephone number.
Some of this information—particularly credit or debit card payment information—may be transmitted to a third party payment processor for payment processing, or we may process it ourselves.
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
4.1 Use of Your Information
We may use your information:
- To enhance or improve Users’ experiences, our Site, or Service.
- To process transactions.
- To exchange with and transfer to a third party, such as a payment processor or shipping company, with your consent. You hereby grant us consent to such exchange and transfer of the purpose of order fulfillment, and agree that we require no further consent to engage in this activity.
- To send e-mails about our Site or respond to inquiries.
- To send e-mails about the Site and other products, news, or updates for Testclear, or other businesses, websites, or services owned or operated by us.
4.2 Sharing of Your Information with Other Users
Information sharing is essential for our Service. We may, and you agree that we may:
- Transfer your information to shipping companies.
- Forward payment information to payment processors.
- Do anything else which we deem to improve the function of Testclear or facilitate your orders.
5. Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information they have provided to us by logging into their account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
7. Third Parties
7.1 Third Party Websites
Testclear or its Users may post links to third party websites on its Site, which may include information that we have no control over. Whether you access third party websites through a link on our Site, or as a consequence of using our Service, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
You may be required to provide your financial information to a third party payment processor when paying Testclear for goods or services provided. It is your responsibility to ensure the security of your payment details when making purchases through this third party, and we recommend that you conduct routine credit bureau checks to protect your identity.
8. Third Party Access to Your Information
Although you are entering into an Agreement with Testclear to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Services to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire third parties to assist us in maintaining, repairing, improving, or otherwise assisting us with our Site and Services.
Without limiting the generality of the foregoing, you agree that the following third parties may collect, store, use, and distribute your information:
- Our payment processor, for the purpose of processing payments.
- UPS or another shipping company, for the purpose of shipping your order.
- Boldchat, for the purpose of communicating with you via our online chat feature.
- Google Analytics, for the purpose of conducting web analytics intelligence on our Site.
9. Law Enforcement
You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe you have violated or may violate any law of the United States or any other country having jurisdiction over us, our Site, Services, or our Terms of Service. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities in the State of Washington, the rest of the United States, or elsewhere.
10. Commercial and Non-Commercial Communications
11. Security Measures
We take certain measures to enhance the security of our Site and Services, including using SSL Certificates, Vulnerability Scanning, and PCI DSS-compliant hosting. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
12. Your California Privacy Rights
13. International Transfer
Last updated: July 11, 2012