Effective Date (last updated): November 2, 2023
This Privacy Notice describes the types of information Clear Recovery Center LLC, DBA Clear Behavioral Health or any of its divisions, brands, or affiliates (collectively, “CBH”, “we” and “us“) collect from and about you when you:
- Visit any of our websites where this Privacy Notice is posted (each a “Site”)
- Visit or enroll in a treatment program at any of our clinics or facilities (each a “Facilities”)
- Contact or interact with us via email, phone, or video call (“Online Service”)
- Submit information to the official social media pages (“Social Media Pages”) we operate
- Otherwise contact or interact with us offline (“Offline Services”)
The Sites, Facilities, Online Services, and Offline Services are collectively referred to as the “Services.” This Privacy Notice also explains how CBH may use and share your personal information, as well as your ability to control certain uses of it.
For ease of reference, you may click on any of the following links to jump to one of the sections addressed below:
- Information We Collect
- How We Use Information
- Information We Share
- Choices and Opt Outs
- Data Security
- Children’s Information
- Third Party Content, Links, and Plug-ins
- Public Forums
- Changes to this Privacy Notice
- Contact Us
- U.S. State Privacy Rights
CBH encourages you to read this Privacy Notice in full to learn how we treat personal information obtained through the use of our Services.
Information We Collect
Information You Provide
We collect personal information from you when you choose to share it with us, such as through use of our Services, through our Social Media Pages, and other ways you communicate with or contact us.
The personal information we collect may include your contact information, device identification information, internet browsing, history, interactions, tendencies, products or services purchased, medical / health information, medical insurance information, demographics information, employment information, payment information, physical characteristics, date of birth, Social Security number, and other content you provide to us.
Information Automatically Collected
We, or our service providers, may use a variety of technologies such as cookies, web beacons, pixel tags, log files or other technologies to collect personal information about visitors to, and users of, our Site. We may also collect personal information through your interactions with our emails and online advertisements. We use this information to keep track of analytics and certain statistical information, to ensure the Sites function properly, to better understand how users interact with the Sites, to personalize our relationship with you, and for other purposes consistent with this Privacy Notice.
For example, we may automatically collect certain information from you, including but not limited to your browser type, device type, operating system, Internet Protocol (“IP”) or Media Access Control (“MAC”) address, mobile device identifier or other unique device identifier of any of your computer(s) or device(s) that are used to access the Site, geolocation, software version, phone model, phone operating system, carrier information, and the domain name from which you accessed the Site. We also may collect information about your use of the Site, including the date and time you visit, the areas or pages that you visit, the amount of time you spend viewing or using the Site, the number of times you return to the Site, other click-stream or Site usage data, emails that you open, forward or click-through to our Site, and other Sites that you may visit.
Third Party Analytic Technologies
We use third parties’ analytics and tracking tools to better understand who is using the Services, how people are using the Services, how to improve the effectiveness of the Services and related content, and to help us or those third parties serve more targeted advertising to you across the Internet. To support this interest-based advertising solution, we, or our service providers, may use information about your visits to our Sites or Social Media Pages, and information from your mobile device and email.
Please visit “Choices and Opt Out” for further information on how to opt out, including information about ‘Do Not Track’ and how to disable cookies.
Combination of Information
We may combine the personal information we collect from and about you, including personal information you provide to us and information we automatically collect, with personal information collected offline, across other computers or devices that you may use, and from third party sources.
How We Use Information
We may use personal information collected from or about you for any of the following purposes:
- To respond to your inquiries, provide you with the Services, and to contact and communicate with you when necessary or as otherwise permitted by this Privacy Notice;
- To validate, confirm, verify, and provide medical and other healthcare services (including to process payment transactions, schedule appointments, and contact you about your treatment, including by email or telephone);
- To enhance your online experience on our Site, including as a way to recognize you and welcome you to the Site;
- To review the usage and operations of our Services, develop new products or services, and conduct analysis to enhance or improve our content, products, and services;
- To contact you with information, deliver email communications, newsletters, promotional material, and other correspondence from CBH or on behalf of our affiliates and brands;
- To communicate with you regarding your enrollment in one of our treatment programs;
- To protect the security or integrity of the Services and our business;
- To comply with legal and regulatory requirements and respond to requests from courts or other government bodies;
- To present advertising to you, including through partnerships with social media platforms and internet search engines; or
- For other purposes disclosed at the time you provide your information or otherwise with your consent.
Additionally, if you use our Services to connect with a third party service, you authorize us to use information from and about you, on your behalf, to interact with these third party services based on your requests.
Information We Share
We may disclose the personal information we collect from or about you either (i) when we have your permission to do so or (ii) in any of the following situations:
- Affiliates and Brands: We may share your personal information with CBH affiliates or brands for business, operational, promotional, marketing, or other purposes consistent with this Privacy Notice.
- Service Providers: We may share your personal information with service providers that provide business, professional, or technical support functions for us, help us operate our business, or other activities in support of the Services and/or our businesses. These service providers are authorized to use your personal information only as instructed by us. We may also receive information collected by these service providers and combine it with the information we have collected.
- Third Parties: We may share your personal information with third parties that we believe may have offers of interest to you if you opt-in to such sharing. We may also receive information collected by these third parties and combine it with the information we have collected. Your information may also be collected and processed by third parties, such as the payment providers you select, who will process your information independently in accordance with their own privacy notices.
- For Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company.
- Legal Matters; Compliance with Law: We may disclose personal information collected from or about you to the government or to other third parties to comply with applicable laws, rules, regulations, governmental and quasi-governmental requests and investigations, court orders, subpoenas or other legal process, such as in connection with suspected illegal activity associated with any of the Sites or our business and to protect against harm to the Services, to us, or others. We reserve the right to release information collected through any of the Sites to law enforcement or other government officials, as we, in our sole discretion, deem necessary or appropriate.
We may disclose any categories of personal information listed in “Information We Collect” to third parties and service providers.
Choices and Opt Outs
Cookies, Targeted Advertising and Do Not Track Disclosures
Certain parts of our Site require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Please refer to your Web browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences, or visit www.aboutcookies.org for more information.
- On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.
Opt Out Preferences
To opt-out of marketing communications, you may use one of these methods:
- Electronic Promotional Offers: If you do not want to receive emails from us regarding special promotions or offers, you may (i) click the unsubscribe link in the footer of any email; or (ii) contact us at the contact information listed in the “Contact Us” section below.
- Direct Mail Promotional Offers: If you do not want us to send you any promotional offers through direct mail, you may contact us at the contact information listed in the “Contact Us” section below.
If you receive marketing communications from one or more brands within the CBH family of affiliated brands, you must opt-out individually from each of the brands from which you are receiving brand-specific marketing communications. Your instructions to limit the use of your information for these purposes will be processed as soon as reasonably practicable.
If you are a resident of California, Virginia, Colorado, Connecticut, or Utah, you can learn more about your privacy rights below.
For information about opting out of third party advertising, visit: NAI Opt-Out or DAA. You will leave this Website for a separately managed online site where you can specify your preferences. You can also click on the icon that may appear on some of our advertising served through this technology. We may use more than one third party company for placing this advertising, which would require you to opt out of each company.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. Depending on Your location, we may utilize Google Analytics. You can opt out of Google Analytics across all websites you use. To do so, visit this website. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy.
Supported Web Browsers and Do Not Track Signals
We recommend that you use the latest web browser versions to optimize your experience. Older web browser versions may not be able to access or utilize all pages on our website as intended.
We may not be able to receive or honor web browser “Do Not Track” signals and our Site may continue to collect information in the manner described within this Privacy Notice.
The security of customer information is very important to us, and we take a number of steps to safeguard it.
We have taken certain physical, administrative, and technical steps to safeguard the personal information we collect from and about our customers and Site visitors.
The security of your information is important to us, but no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your information, we cannot guarantee its absolute security.
Protecting children’s privacy is important to us. We do not direct the Services to, nor do we knowingly collect any personal information from, children under the age of 16. If CBH learns that a child under the age of 16 has provided personal information to the Site, it will use reasonable efforts to remove such information from its files.
Third Party Content, Links, and Plug-ins
The Site may have links to third party websites or applications, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites.
Any personal information you choose to disclose through our Services, in blogs, on discussion or message boards, in chat rooms, interactive forums, rating or reviews, or on other public areas on the Site, or other third-party websites that this Site may link to, becomes public information. Please exercise caution when disclosing personal or other information in these public areas. We are not responsible for the personal information you choose to post. To request removal of your personal information from our Site, you may contact us using the “Contact Us” section below.
Changes to this Privacy Notice
We reserve the right to make changes to this Privacy Notice at any time. When we do, we will post the change(s) on the Site. Please visit this page periodically so that you will be apprised of any such changes. Your continued use of our Services after any modification to this Privacy Notice will constitute your acceptance of such modification. If we change the Privacy Notice in a material way, we will provide appropriate notice to you.
If you have any questions or comments regarding this Privacy Notice or any of the practices described herein, you can contact us by:
- Calling us at (866)-395-3181
- Emailing us at firstname.lastname@example.org or
- Writing to us at 18119 Prairie Ave., Torrance, CA 90504 Privacy Inquiry
U.S. State Privacy Rights
Residents of California, Virginia, Colorado, Connecticut, and Utah have certain rights concerning the processing and use of their Personal Data. The rights described herein are subject to exemptions under applicable law. For purposes of this section, the term “Personal Data” includes both “Personal Information” and “Personal Data” as defined by applicable law.
If your Personal Data is subject to a privacy law in your state, you may have certain privacy rights with regard to that information. You may have the right to:
- Know, access, and confirm your Personal Data.
- Delete the Personal Data we have about you, subject to exceptions under applicable law.
- Correct inaccuracies in your Personal Data.
- Obtain your Personal Data in a portable and readily usable format.
- Opt-out of the use or processing of your Personal Data for profiling or targeted advertising.
- Opt-out of the sale of your Personal Data.
Under certain state laws, you may also have the right not to receive discriminatory treatment for the exercise of any of these privacy rights. We will not discriminate against you because you have exercised any of your rights.
Certain state laws may also provide you the right to appeal our decisions regarding your rights requests if we do not respond to your requests or do not take action regarding your requests. Additionally, if you are a resident of the state of California, you may have a right to pursue legal action for improper handling of your Personal Data.
How to Submit a Request
If you wish to exercise the rights listed above, and are a resident of a state that provides such privacy rights, you may submit a request by emailing email@example.com, by calling us toll-free at (866)-395-3181, or by using this form below. We will provide your Personal Data to you in writing in a readily usable format. If you choose to submit your request via email, you must include “Privacy Rights Request” in the subject line and clearly provide us with the following information: what type of request you are making, your full name, email address, and valid physical address. You may only make one request per email.
We are required to provide you with access to your Personal Data or delete your Personal Data only in response to verifiable consumer requests. In order to protect our customers’ personal information, we will verify your identity following receipt of your request. We will compare the information you provide to us in your request to any information we may have in our possession in order to verify your request. We may also contact you to request additional information in relation to your request. Please promptly respond to any follow-up inquiries so that we may verify your identity. For security purposes, our verification process requires an exact match of at least three data points you provide to us with data points we maintain in our records. The information collected through this process will be used for verification purposes only. Please provide your state of residence and at least three of the following data points when you submit your request:
- First and last name
- Email address associated with your CBH account
- Telephone number associated with your CBH account
- If you have used our Services or Facilities, please provide the date of your last visit or appointment (day, month, and year)
- Mailing address
If you request that we provide you with specific pieces of information about you, we may apply heightened verification standards than what we would apply to other types of requests. This measure is in place to help ensure that Personal Data is not disclosed to any person who does not have the right to receive it.
Please note that you may authorize an agent to exercise any of these rights on your behalf by emailing firstname.lastname@example.org, by calling us toll-free at (866)-395-3181, or by using this form below. If you use an agent, we will take measures to verify your agent’s authorization similar to the verification described above for fulfilling any access or deletion requests. We may require more information to ensure proper verification of you and your agent’s identity and authorization.
Categories of Personal Data Disclosed for a Business Purpose
We share Personal Data about you with service providers and third parties for business purposes, such as operational purposes and other purposes related to providing you with the Services you seek from us. For more information about the business purposes for which we disclose Personal Data, see “How We Use Information” and see “Information We Collect” for what types of information may be shared.
“Do Not Sell” Rights; Sharing for Cross-Context Behavioral Advertising, Profiling, or Targeted Advertising
We may disclose your Personal Data for the following purposes, which are not a sale: (i) for reasons mentioned above; (ii) if you direct us to share Personal Data; (iii) to comply with your requests under applicable law; and (iv) as otherwise required or permitted by applicable law.
We do not sell Personal Data or share Personal Data about you for purposes of cross-context behavioral advertising, profiling, or targeted advertising.
You may request that we delete your Personal Data that we have collected directly from you. Under applicable law, we may decline to delete your Personal Data under certain circumstances, for example, if we need the Personal Data to complete transactions or provide products or services you have requested or that are reasonably anticipated, for security purposes, for internal business purposes (including maintaining business records), to comply with law, or to exercise or defend legal claims. Note also that we are not required to delete your Personal Data that we did not collect directly from you. We require a reasonable or high degree of certainty that the requester is the consumer for which a deletion request is applicable, depending on the sensitivity of the Personal Data.
Additional California Privacy Rights
We do not share Personal Data as defined by California Civil Code Section 1798.83 (“Shine the Light Law”) with third parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light Law by emailing us at email@example.com sending a letter to 18119 Prairie Ave, Torrance, CA 90504, (Attention: Privacy Inquiry). Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per individual each year.
Sensitive Personal Information and Sensitive Data
If you are a resident of California, we will not process your Sensitive Personal Information, and if you are a resident of Virginia, Colorado, or Connecticut, we will not process your Sensitive Data (as that term is defined under the Virginia Consumer Data Protection Act; the Colorado Privacy Act; and Connecticut’s Act Concerning Personal Data Privacy and Online Monitoring) without your prior consent.
- Confidentiality of health information. Health information that Clear Inc. d/b/a Clear Behavioral Health (“Company”) receives and/or creates about you, personally, relating to your past, present, or future health, treatment, or payment for health care services, is “protected health information” under the federal law known as the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 C.F.R. Parts 160 and 164. The confidentiality of alcohol and drug abuse records maintained by Company is protected by another federal law as well, commonly referred to as the Alcohol and Other Drug (AOD) Confidentiality Law, 42 C.F.R. Part 2. Generally, Company may not say to a person outside Company that you are a client of Company, or disclose any information identifying you as an alcohol or drug abuser, or use or disclose any other protected health information except in limited circumstances as permitted by federal law. Your health information is further protected by any pertinent state law that is more protective or stringent than either of these two federal laws.
- Pledge regarding health information. Company understands that health information about you and your health is personal. Company is committed to protecting health information about you. In order to provide you with quality service and to comply with certain state and federal legal requirements, Company creates a record of the services you receive at Company. This Notice of Privacy Practices (the “Notice”) applies to all of the records of your service generated by Company. This Notice will tell you about the ways in which Company may use and disclose protected health information about you. It also describes your rights and certain obligations Company has regarding the use and disclosure of protected health information. Company is required by law to:
(1) Make sure that health information that identifies you is kept private;
(2) Give you this Notice of its legal duties and privacy practices concerning health information about you;
(3) Follow the terms of the Notice that are currently in effect; and
(4) Notify you in case there is an unauthorized use or disclosure of your unsecured health information.
- Who is bound by this notice. This Notice describes Company’s practices and those of Company staff, volunteers, and other personnel who are involved in your services. Company and these individuals will follow the terms of this Notice, and may use or disclose protected health information about you as permitted or required by law. This Notice describes your rights to access and control protected health information about you, including information that may identify you and that relates to your past, present, or future physical health or mental condition, and healthcare and related healthcare services. Your personal physician may have other policies that he or she follows and may use his or her own Notice of Privacy Practices.
- How Company may use and disclose protected health information about you.Company collects health information about you and stores it in a chart, on a computer, and/or in a personal health record. This is your medical record. The medical record is the property of Company, but the information in the medical record belongs to you. The following categories describe different ways that Company may use or disclose protected health information. For each category of uses and disclosures, Company will explain what is meant and may give some examples. Not every use or disclosure in a category will be listed. However, all of the ways Company is permitted to use and disclose information will fall within one of the categories. Some information such as certain drug and alcohol information, HIV, or mental health information is entitled to special restrictions.
4.1 For Internal Communications. Your protected health information will be used within Company between and among Company staff who have a need for the information, in connection with Company’s duty to diagnose, treat, or refer you for treatment. This means that your protected health information may be shared between or among personnel for treatment, payment or health care operation purposes. For example, two or more providers within Company may consult with each other regarding your best course of treatment. Company may share your protected health information in a billing effort to receive payment for healthcare services rendered to you. And/or, your protected health information may be discussed within Company about your treatment in connection with others receiving treatment, in an effort to improve the overall quality of care provided by Company. Your protected health information will not be re-disclosed by Company personnel except as is otherwise permitted herein.
4.2. To Qualified Service Organizations and/or Business Associates. Some or all of your protected health information may be subject to disclosure through contracts for services with qualified service organizations and/or business associates, outside of Company, that assist Company in providing healthcare. Examples of qualified service organizations and/or business associates include billing companies, data processing companies, or companies that provide administrative or specialty services. To protect your health information, Company requires these qualified service organizations and/or business associates to follow the same standards held by Company through terms detailed in a written agreement.
4.3. In Medical Emergencies. Your health information may be disclosed to medical personnel in a medical emergency, when there is immediate threat to the health of an individual, and when immediate medical intervention is required.
4.4. To Researchers. Under certain circumstances, Company may use and disclose your protected health information for research purposes. For example, a research project may involve comparing the health and recovery of all clients who received one test or treatment to those who received another, for the same condition. All research projects, however, must be approved by an Institutional Review Board, or other privacy review board as permitted within the regulations, that has reviewed the research proposal and established protocols to ensure the privacy of your protected health information.
4.5. To Auditors and Evaluators. Company may disclose protected health information to regulatory agencies, funders, third-party payers, and peer review organizations that monitor alcohol and drug programs to ensure that Company is complying with regulatory mandates and is properly accounting for and disbursing funds received.
4.6. Pursuant to Authorizing Court Order. Company may disclose your protected health information pursuant to an authorizing court order. This is a unique kind of court order in which certain application procedures have been taken to protect your identity, and in which the court makes certain specific determinations as outlined in the federal regulations and limits the scope of the disclosure.
4.7. Crime on Company Premises or Against Company Personnel. Company may disclose a limited amount of protected health information to law enforcement when a client commits or threatens to commit a crime on Company premises or against Company personnel. Federal law and regulations do not protect any information about a crime committed by a client either at Company or against any person who works for Company or about any threat to commit such a crime.
4.8. Reporting Suspected Child Abuse and Neglect. Company may report suspected child abuse or neglect as mandated by state law. Federal law and regulations do not protect any information about suspected child abuse or neglect from being reported under state law to appropriate state or local authorities.
4.9. As Required By Law. Company will disclose protected health information as required by state law in a manner otherwise permitted by federal privacy and confidentiality regulations.
4.10. Appointment Reminders. Company reserves the right to contact you, in a manner permitted by law, with appointment reminders or information about treatment alternatives and other health related benefits that may be appropriate to you.
4.11. Other Uses and Disclosure of Protected Health Information. Other uses and disclosures of protected health information not covered by this Notice will be made only with your written authorization or that of your legal representative. If you or your legal representative authorize Company to use or disclose protected health information about you, you or your legal representative may revoke that authorization, at any time, except to the extent that Company has already taken action relying on the authorization.
5.your rights regarding health information Company maintains about you. You have the following rights regarding your health information. In order to exercise these rights, you must contact the HIPAA Privacy Officer at Company. You may be asked to submit a written request. The HIPAA Privacy Officer may be contacted using the following information:
Clear Behavioral Health
Attn: Katelyn Anderson
18119 Prairie Ave,
Torrance, CA 90504
Phone: (424) 213-6063
5.1. Right to Inspect and Copy. With certain exceptions, you have the right to inspect and receive copies of your health information that Company maintains about you. In some very limited circumstances Company may, as authorized by law, deny your request to inspect and obtain a copy of your protected health information. You will be notified of a denial to any part or parts of your request. Some denials, by law, are reviewable, and you will be notified regarding the procedures for invoking a right to have a denial reviewed. Other denials, however, as set forth in the law, are not reviewable. Each request will be reviewed individually, and a response will be provided to you in accordance with the law.
5.2. Right to Amend Your Health Information. If you believe that protected health information about you is incorrect or incomplete, you may ask Company to amend the information. Company may deny your request if it is not in writing or does not include a reason that supports the request. In addition, Company may deny your request if you ask Company to amend protected health information that Company believes: (i) is accurate and complete; (ii) was not created by Company, unless the person or entity that created the protected health information is no longer available to make the amendment; (iii) is not part of the protected health information kept by or for Company; or (iv) is not part of the protected health information which you would be permitted to inspect and copy. If your right to amend is denied, Company will notify you of the denial and provide you with instructions on how you may exercise your right to submit a written statement disagreeing with the denial and/or how you may request that your request to amend and a copy of the denial be kept together with the protected health information at issue, and disclosed together with any further disclosures of the protected health information at issue.
5.3. Right to an Accounting of Disclosures. You have the right to receive a list of certain disclosures that Company may have made of your protected health information. This list will not include certain disclosures as set forth in the HIPAA regulations, including those made for treatment, payment, or health care operations within Company or made pursuant to your authorization or made directly to you.
5.4. Right to Request Restrictions. You have the right to request a restriction or limitation on the protected health information that Company uses or discloses about your treatment, payment or health care operations within Company. While Company will consider your request, Company is not required to agree to it. If Company does agree to it, Company will comply with your request, except in emergency situations where your protected health information is needed to provide you with emergency treatment. Company will not agree to restrictions on uses or disclosures that are legally required, or those which are legally permitted and which Company reasonably believes to be in the best interest of your health.
5.5. Right to Request Confidential Communications. You have the right to request that Company communicate with you about your protected health information in a specific way or at a specific location. For example, you can ask that Company only contact you at work or by mail. Company will accommodate all reasonable requests.
5.6. Right to File a Complaint. Violation of the federal law and regulations by Company is a crime and suspected violations may be reported to appropriate authorities in accordance with federal regulations. If you have any questions or believe that your privacy rights have been violated, you may contact Company’s HIPAA Privacy Officer in person or mail a written summary of your concern to the address listed above. You may also file a written complaint with the Department of Health and Human Services. You will not be penalized or retaliated against for filing a complaint.
5.7. Right to Receive a Copy. You have the right to obtain a copy of this Notice.
6.changes to this notice. Company reserves the right to change the terms of this Notice at any time. Company reserves the right to make the revised or changed notice effective for protected health information Company already has about you as well as any protected health information Company receives in the future. Company will post a copy of the current Notice. The Notice will contain an effective date.