Testclear - Privacy Policy.docx


1.  Introduction

Thank you for visiting Testclear.com and, if applicable, choosing to use our Service or purchase our products.  This Privacy Policy, like our Terms of Service, is an integral part of using our service, and you must completely agree to it in order to use our Site and Service.

2.  Definitions

Throughout this Privacy Policy, we may use certain words or phrases, and it is important that you understand the meaning of them.  The list is not all-encompassing and no definition should be considered binding to the point that it renders this Privacy Policy nonsensical:

“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.

Non-Identifying Information

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:

  1. To enhance or improve Users’ experiences, our Site, or Service.
  2. To process transactions.
  3. 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.
  4. To send e-mails about our Site or respond to inquiries.
  5. 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:

  1. Transfer your information to shipping companies.
  2. Forward payment information to payment processors.
  3. 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.

6.  Cookies

We use cookies to save your preferences and remember your shopping cart items.  For this reason, you must have cookies enabled in your browser to use our Site and Services.

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.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties.  Testclear bears no responsibility for the information collected or used by any advertiser or third party website.  Please review the privacy policy and terms of service for each site you visit through third party links or through our Service.

7.2  Purchases

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.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy.  For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems.  You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you agree that the following third parties may collect, store, use, and distribute your information:

  1. Our payment processor, for the purpose of processing payments.
  2. UPS or another shipping company, for the purpose of shipping your order.
  3. Boldchat, for the purpose of communicating with you via our online chat feature.
  4. 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

By providing information to the Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from us since, by providing such information, you agree to receive communication from us other anyone else covered under this Privacy Policy.  However, you may unsubscribe from certain communications by notifying Testclear that you no longer wish to receive solicitations or information and we will endeavor to remove you from our database where you have the right to request this under our Agreement, Privacy Policy, or applicable law, or where we voluntarily decide to grant the request.

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

Testclear permits residents of the State of California to use its Service, and complies with the California Business and Professions Code §§ 22575-22579.  If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes.  Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors. You may contact us at [email protected] with any questions.

13.  International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  If you are located outside the United States and choose to provide information to us, Testclear may transfer personal information to the United States or elsewhere and process it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

14.  Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time.  When we amend this Privacy Policy, we will update this page and require you to accept the amendments before you may continue using our Site and Service.  You may refuse to agree to the amendments, but if you do, you agree that we may refuse to provide our Service to you without providing any refunds for any money paid to us, or being liable for any other losses that you may incur.

Last updated:  July 11, 2012

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