Legal

Privacy Policy

Last updated: 15/10/2025

This translation is provided for convenience only. In case of any discrepancy, the Spanish version prevails.

Preliminary statement

1.
The privacy of personal information is the most important thing for Klarway, which is why Klarway is committed to providing Users with the most satisfying, secure and reliable user experience it can produce. It is a fundamental part, and a priority objective, to collect only the personal information necessary to ensure that Klarway can offer excellent products and services. Klarway intends for Users to always understand what information about them it processes. Users are at the center of everything Klarway does. Therefore, for queries regarding security and/or the information that Klarway processes in order to provide the best possible service, and understanding that this is a matter of great commitment, a real person will be able to resolve them with the utmost honesty and in the most timely manner.
2.
This “KLARWAY Privacy Policy” (hereinafter, “the Privacy Policy”) sets out how Klarway processes the personal data of the Users of the Services and the rights that End Users have with respect to the data processed by Klarway, whether Klarway acts as processor or as controller.
3.
Klarway produces and maintains a number of websites, including the website https://klarway.com/, products, software, computer applications and mobile applications, content, tools, information, documentation and services (the “Services”) for the purposes of providing the proctoring service to the Clients that contract its services.
4.
Under the conditions agreed with the Client in the corresponding “Data Processing Agreement”, following the Client's express documented instructions and to fulfill the Client's purposes, we process the data of the “End Users” who interact with Klarway's Services by virtue of the relationship they have with a Client. In such cases, we act on behalf and on the instructions of the Client, as “processor”, the Client being the “controller”. Under no circumstances does Klarway assume, or will it assume, ownership of the databases processed on behalf of the Client.
5.
Likewise, when a person interacts with Klarway's Services without being a Client or an “End User”, as, for example, when a person browses the website https://klarway.com/ and requests information through any of the contact channels provided on it, we may collect and process their personal data on our own behalf and for our own purposes, in which case we act as “data controller”.
6.
The Controller is responsible for identifying and maintaining the legal justification for the processing of the personal data of “End Users”, in accordance with the requirements of the applicable data protection regulations, and must comply with all legal requirements, including the duty to inform “End Users”. Where the applicable data protection regulations require the explicit consent of the “End User” for the processing of their personal data, it shall be the Controller's exclusive obligation to arrange the necessary means to obtain such consent, complying with all applicable legal provisions. Where Klarway acts as processor, the “End User” acknowledges that they have been previously informed by the Client and understands and accepts that such responsibility, as well as the obligations established by the personal data protection regulations, fall on the Client, since the Client is the controller.

Definitions

1.
Unless otherwise provided in this Privacy Policy, the definitions contained in section 1 (DEFINITIONS) of the “KLARWAY GENERAL TERMS AND CONDITIONS OF USE” (https://klarway.com/terminos-y-condiciones/) shall apply.
2.
For the purposes hereof, the following terms mean:
1. a)Personal data: any information of any kind relating to an identified or identifiable natural person.
2. b)Sensitive data: personal data revealing racial and ethnic origin, political opinions, religious, philosophical or moral convictions, trade union membership and information concerning health or sex life.
3. c)Biometric data: personal data obtained through specific technical processing, relating to the physical, physiological or behavioral characteristics of a human person, which allow or confirm their unique identification.
4. d)Data processing: an operation or set of operations carried out on personal data, whether by automated procedures or not, that allow the collection, recording, retention, storage, organization, structuring, adaptation or modification, linking, evaluation, extraction, consultation, use, communication, dissemination, restriction, blocking, erasure or destruction, and in general the processing of personal data, as well as its transfer to third parties through communications, queries, interconnections or transfers.
5. e)Controller: the person who determines the processing of data, its purposes and means.
6. f)Processor: the person who processes personal data on behalf of the controller.
7. g)Data subject: the “End User” whose personal data is the object of the processing.
8. h)Pseudonymization of data: processing of personal data in such a way that it can no longer be attributed to a data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures designed to ensure that the personal data is not attributed to an identified or identifiable natural person.

Acceptance

1.
The “Privacy Policy” forms part of the “Klarway General Terms and Conditions of Use” (https://klarway.com/terminos-y-condiciones/) and/or of any other specific agreements or conditions agreed with Klarway Clients or Users.
2.
Carrying out any act of acceptance of the “Klarway General Terms and Conditions of Use”, as described in its clause 2 (ACCEPTANCE. GENERAL ACKNOWLEDGMENTS), and/or of any other specific conditions, implies the User's express and explicit consent to the processing of personal data by Klarway, as well as compliance with the duty to inform, as provided for in the personal data regulations.
3.
End Users who are minors: the provisions of section 3 (END USERS WHO ARE MINORS) of the “Klarway General Terms and Conditions of Use” shall apply.

General principles of personal data processing

1.
The principles governing the processing of personal data by Klarway are the following:
1. a)Lawfulness, fairness and transparency: Klarway processes Users' personal data in compliance with the personal data protection regulations, acting with fairness and transparency, without using deceptive or fraudulent means.
2. b)Purpose limitation: Klarway processes Users' personal data for specified, explicit and legitimate purposes, and does not process data in a manner incompatible with those purposes. When acting as processor, Klarway processes data only in accordance with the purposes and means determined by the Client and following its duly documented instructions.
3. c)Data minimization: Klarway limits the processing of personal data solely to that which is adequate, relevant and necessary for the best provision of its services and the fulfillment of the purposes for which it is processed.
4. d)Accuracy: Klarway processes personal data so that it is accurate, up to date and complete, taking reasonable measures to ensure that data that is inaccurate for the purposes of the processing is erased or rectified.
5. e)Storage limitation: Klarway keeps Users' personal data only for as long as strictly necessary to fulfill the purpose of the processing. Once the purpose for which it was collected or processed has been fulfilled, Klarway proceeds to delete, erase or destroy the personal data.
6. f)Proactive accountability: Klarway adopts the appropriate technical, organizational and legal measures to ensure adequate processing of personal data and compliance with the obligations set out in the applicable personal data protection regulations.
7. g)Confidentiality: Klarway does not disclose to third parties the personal data it processes except to the extent provided in this “Privacy Policy” or in the “Data Processing Agreement”. We also adopt the appropriate technical, organizational and legal measures to ensure that the persons who access the personal data processed by Klarway comply with confidentiality obligations.
8. h)Informed consent: Klarway only processes data for which the applicable legislation does not require consent or, in cases where it does, for which the data subject has given their free, specific, informed and unambiguous consent for those purposes.
9. i)Security by design: Klarway takes privacy protection into account from the very origin of the design of the products and services it provides.

Personal data that Klarway collects and processes

We collect the User's personal data through different means and tools:

5.1.1 The website and the use of the services

https://klarway.com/ is our main website and offers a variety of functions and content: general information about the company, information about products and services, and training materials.

The “Contact” tab of the aforementioned website has a web form that allows users to request information about a product or service, register for a webinar, subscribe to newsletters and product updates, register for a beta version, register a product, among others. These forms collect personal information such as the user's name, postal address, job title, organization, email address, telephone number and other personal information.

Likewise, through the website Klarway may collect and process the following information: the total number of visitors to the site, the number of visitors to each page of the site, the type of browser and the IP address.

When the Services are used, Klarway obtains data and information of different kinds, such as place of connection, browser or operating system used, connection times, information requested, pages visited, downloads made, IP address, the User's Internet or mobile service provider, etc.

In addition, Klarway may invite Users to participate in surveys, questionnaires or contests, or the User may contact Klarway with queries, comments, etc., or the User may provide Klarway with feedback on the Services and, in the framework of such activities, Klarway may collect personal data from the User.

Different technologies are used to collect and process personal data from access to and/or use of any Klarway service, including the use of cookies.

When the User arrives at the website from an advertisement or a link with campaign parameters (for example, UTM parameters or Google Ads click identifiers), Klarway records, only while the browser tab remains open and without storing anything on the User's device, the origin of the visit: the campaign parameters, the referring site and the first page visited. If the User completes a form on the website, this origin is sent together with the form data to Klarway, through its sales management platform Clientify, in order to know which channel generated the contact and to measure the performance of campaigns.

The legal basis for processing the User's personal data collected through the website and the use of the services is the consent that the User gives by carrying out any of the acts of acceptance of the “Klarway General Terms and Conditions of Use” and is based on Klarway's legitimate interest in providing relevant, pertinent, complete and adequate information about its products, services, training and technical support and in allowing Klarway's personnel to take part in pre-sales, post-sales or other purposes.

5.1.2 Extension and Desktop App

Through the EXTENSION or the DESKTOP APPLICATION (DESKTOP APP) Klarway may collect and process personal information of the “End User” for the purposes of the End User's registration (through biometric validation of their identity), biometric validation of their identity during the monitored session, control of the End User's computing device and environment, and/or the recording or photographic record of the monitored session, depending on the type of service contracted by the Client.

The data that Klarway may collect and process through the EXTENSION or the DESKTOP APP is:

Personal identification information of the end user requested at the time of registration.
End user data provided by the Controller.
Username used for sessions
Image of the face
Facial features (nose, eyes, mouth, etc.) captured from different angles to generate algorithms
Photo of the identification document
Video and audio recordings of the monitored session
Information about the applications, processes and extensions running on the student's computing device during the monitored session
Information about events that occurred during the monitored session and that are configured and then validated by the Controller (among others, detection of sounds in the end user's environment, when other people appeared in the video frame, when the end user disappeared from the video frame, list of open processes, system data, hardware data, camera permissions, desktop recording). They will only be used during the administration of exams and any other activity related to the purpose of this contract.

Klarway collects and processes the personal information indicated in order to be able to provide the proctoring service to Clients.

The legal basis for collecting and processing the “End User's” personal data is the relationship that Klarway has with the Client that contracted Klarway's services and by which the Client entrusts the processing of the personal data of End Users who have a link with the Client and/or the “Data Processing Agreement” between Klarway and the Client.

The “End User” expressly acknowledges that they have been duly informed by the Client with which they are related that Klarway will collect and process their personal data through the EXTENSION or the DESKTOP APPLICATION (DESKTOP APP) for the purposes mentioned.

Klarway does not provide, and will not provide, this information to third parties other than the Client and/or the Client's authorized personnel.

For the purposes of revoking or withdrawing consent on the terms permitted by the applicable personal data protection regulations, the “End User” must contact the Client acting as controller with which they have a relationship.

5.1.3 Klarway proctoring software

It is supervision (proctoring) software that works, in the case of the DESKTOP APP, by embedding the Client's computer system (learning management system – LMS – or other) within a Klarway web tool or, in the case of the EXTENSION, by embedding Klarway's computer system in the Client's website, to interact with functionalities through the application programming interfaces (APIs) of those computer systems in a controlled environment. It requires “End Users” to validate their identity in the EXTENSION or the DESKTOP APP (registration). It includes the Administration Panel used by the Client's employed or contracted personnel to view and audit, where necessary, monitored sessions and registrations, as well as other actions related to the management of the tool and various configurations by the institution, such as: creation of roles and users, adjustment of controls, viewing by exam, configuration of proctoring by exam, among others. The data that Klarway may collect and process through the Administration Panel is:

Identification information of the personnel who access the panel.
Personnel data provided by the Controller.
Roles assigned by the Controller to its personnel in the Administration Panel (teacher, instructor, observer, etc.)
Username used to access the Panel
Information about the actions carried out by the user using the Administration Panel (which sessions they accessed, which records they requested or downloaded, which events they viewed, what time they logged in and out, etc.)
Information related to the monitored event (exam or other event)
End user information collected by the Desktop App and the Extension mentioned in point 5.1.2

The “End User” expressly acknowledges that they have been duly informed by the Client with which they are related that Klarway will collect and process their personal data, including their biometric data, through the KLARWAY PROCTORING SOFTWARE for the purposes of providing the proctoring service contracted by the Client.

For the purposes of revoking or withdrawing consent on the terms permitted by the applicable personal data protection law, the “End User” must contact the Client acting as controller with which they have a relationship.

5.1.4 Queries and technical support service

Klarway may also collect personal information in other ways, such as when a User of the Services requests or obtains technical support, interacts with our sales team or requests a demo of the Services.

The legal basis for processing personal data collected through queries or the technical support service is the consent that the User gives by carrying out any of the acts of acceptance of the “Klarway General Terms and Conditions of Use” or the relationship that the “End User” has with the Client that contracted Klarway's services and/or the “Data Processing Agreement” between Klarway and the Client.

5.1.5 Third-party services

We may use third-party services to obtain statistical data, trends, etc. and thus be able to improve Klarway's services.

The web analytics service providers that manage these services use technologies such as cookies, network server logs, web beacons and other technologies that help Klarway analyze how Users use the website https://klarway.com/ and/or the Services. The information collected by these means (including the IP address) may be made known to the providers of such analytics services, as well as to other third parties that will make use of the information collected to, among other purposes, evaluate the use of the Website and/or Klarway's Services.

The legal basis for processing the User's personal data collected through the website is the express and explicit consent that the User gives by carrying out any of the acts of acceptance of the “Klarway General Terms and Conditions of Use” and is based on Klarway's legitimate interest in improving the provision of its services.

Purpose of personal data processing

1.
Klarway collects and processes Users' personal data for the following purposes:
1. a)To provide the proctoring service to Clients who contracted Klarway's services, processing personal data in accordance with the Data Processing Agreement and the other documented instructions given by the Client. As controller, the Client is the one who decides the purpose and means for which the data is processed by Klarway.
2. b)To improve Klarway's services in order to give the User a better experience and interaction with the website, products, content and services offered.
3. c)To enable the development of new products and services.
4. d)To have statistical information useful for the provision and improvement of the services and products offered or to be developed in the future.
5. e)To communicate with Users to provide them with news, updates, comments and/or any type of information related to the Services.
2.
Personal data and contact information may be used to send the User information about promotions, offers or new products or services of Klarway. The legal basis for processing the User's personal information for this purpose is the consent given by accepting the “Klarway General Terms and Conditions of Use”. The User may revoke their consent at any time through the unsubscribe link at the bottom of our marketing emails. They may also send an email to info@klarway.com with the word “UNSUBSCRIBE” (in Spanish: “DESUSCRIPCION”) in the subject line and we will remove their email address from future communications.
3.
If a User sends Klarway an email or other type of communication, they expressly authorize Klarway to keep the message or communication, the email address or account from which the message or communication was sent, and contact information in order to answer the request or to fulfill the purposes indicated above.

Rights of personal data subjects

1.
The “End User” is the data subject of the personal data processed by Klarway.
2.
In order to exercise their rights (access, rectification, erasure, objection, restriction, portability or any others recognized by the applicable personal data protection regulations), the End User must contact the controller (Klarway or the Client, as indicated above).
3.
Where Klarway acts as controller, the data subject may exercise their rights over their personal data by sending an email to the following email address info@klarway.com, with the subject: “EXERCISE OF PERSONAL DATA SUBJECT RIGHTS” (in Spanish: “EJERCICIO DE DERECHOS DEL TITULAR DE LOS DATOS PERSONALES”), indicating in the body of the email the right being exercised and its legal basis in accordance with the law applicable to them. Klarway will respond to the request to the extent appropriate, by the same means and within the applicable legal deadlines.
4.
Where Klarway acts as processor, the “End User” must exercise their rights over their personal data by contacting the Client that contracted Klarway's services and with which the “End User” has a relationship, and must follow the procedures established by the Client. Where Klarway's action is called for by virtue of what was agreed with the Client in the “Data Processing Agreement” and/or in any other specific conditions, Klarway will act only following the express documented instructions given by the Client and in accordance with what was agreed in the Data Processing Agreement. It is expressly clarified that, in these cases, Klarway will not respond to End User requests unless the Client expressly so indicates and it is appropriate in accordance with what was agreed between Klarway and the Client.

Security and confidentiality measures

1.
Klarway considers it very important to preserve the security and confidentiality of users' personal data. For that reason, the personal data and all User information collected and processed by Klarway, whether as controller or processor, is stored in databases that comply with all the technical and organizational, logical and physical measures necessary to guarantee the security and confidentiality of Users' personal data, so as to prevent its adulteration, loss, unauthorized consultation or processing, and that make it possible to detect deviations, whether intentional or not, of information, whether the risks come from human action or from the technical means used, thus ensuring the confidentiality of communications and complying with the obligations established in the applicable personal data protection regulations.
2.
To this end, Klarway adopts, among others, the following actions:
1. a)It limits its personnel's access to the databases to only those who must perform their functions and to the extent strictly necessary for those purposes.
2. b)Klarway's personnel have signed confidentiality agreements regarding the personal data and information they access in the performance of their duties.
3. c)It periodically trains its personnel on privacy, confidentiality and data security topics.
4. d)It protects the databases through appropriate technical, organizational, contractual and physical security measures to protect against unauthorized access, disclosure or use.
5. e)It uses world-class storage services that comply with the security and confidentiality standards required by the applicable personal data protection regulations, requiring them to comply with all corresponding obligations.
6. f)It carries out periodic audits to verify compliance with the security standards required by the applicable personal data protection regulations.
7. g)It collaborates with the Client so that the Client can comply with the security obligations required by the applicable legislation on personal data protection.
8. h)Klarway duly notifies the Client of personal data security breaches of which it becomes aware, as agreed by Klarway and the Client in the “Data Processing Agreement”.

Assignment and transfer of personal data to third parties. Engagement of other processors

1.
The data collected and processed as described in this “Privacy Policy” is for the exclusive use of Klarway or the Client.
2.
The personal data and other information collected and processed by Klarway shall not be disclosed to third parties except in the following cases:
1. a)That the data subject has given, beforehand and expressly, their free and informed consent.
2. b)In some cases, Klarway may engage service providers to carry out functions and services of different kinds. In such a case, personal data may be shared with those providers, subject to security and confidentiality obligations compatible with the applicable personal data protection regulations and with this “Privacy Policy”, provided that the third parties use such personal data solely on behalf of and under the documented instructions of Klarway or the Client, including as agreed in the corresponding “Data Processing Agreement” between Klarway and the Client.
3. c)Compliance with court or administrative orders issued by the competent authorities. Klarway informs the Client of such orders.
4. d)Corporate transfers: if Klarway is affected by insolvency proceedings, merger, acquisition, reorganization or sale of assets, personal data and other information may be transferred as part of such operations.
3.
The personal data collected and processed by Klarway is stored on servers provided by world-class companies that have security standards that comply with the requirements of the applicable personal data protection regulations, this “Privacy Policy” and the conditions established in the “Data Processing Agreement” between Klarway and the Client. Klarway only engages other processors (sub-processors) with the Client's prior express authorization.

Retention of personal data

1.
Klarway retains Users' personal data for the time strictly necessary to fulfill the purpose of the processing.
2.
When acting as processor, the party responsible for defining the purposes and periods for the processing of “End Users'” personal data is the Client. The personal data (including the records of monitored session recordings) is retained in accordance with the Client's instructions and up to the maximum period after the contractual performance is completed, as established by the “Data Processing Agreement” between Klarway and the Client, any other specific conditions and the applicable legislation on personal data protection, after which Klarway proceeds to return, erase or delete it as agreed with the Client. If you are an “End User”, we recommend that you consult the Client with which you are related so that it can inform you of the retention periods for data and session recording records. Likewise, if you are an “End User”, you acknowledge and accept that you have been informed by the Client that it has the ability to download from Klarway's servers the records of each of the monitored sessions, either individually or in batches, and that Klarway has no liability whatsoever to the Client, the “End User” and/or any third party in cases where the Client has not downloaded such records during the contractually stipulated retention periods and Klarway has proceeded to erase or delete them.
3.
When a User's account is cancelled or closed, for whatever reasons or causes, this does not mean that Klarway is obliged to delete, erase and/or destroy the personal data in the databases it processes to the extent they remain useful for the purpose for which they were collected as described in this “Privacy Policy”.
4.
If you are an “End User” of any of Klarway's services and/or products and decide not to use the Klarway Services defined by the Client as a proctoring tool, you must give formal notice to the Client with which you have a relationship through the channels it provides. If you have any query or claim regarding the request to close your account or the erasure or deletion of your personal data that may still be on Klarway's servers, you may submit your query or claim by sending an email to info@klarway.com with your personal details: full name, identification and details of the Client with which you are or were related; Klarway will respond to your query or claim within 48 business hours of receipt.

Modifications to the “Privacy Policy”

1.
This Privacy Policy may be periodically reviewed, modified or updated by Klarway unilaterally and at its sole discretion in order to reflect changes introduced in our personal data processing practices or changes in the applicable personal data protection legislation.
2.
Revisions, modifications or updates shall come into force and be fully effective from the day following the date of their publication at the URL: https://klarway.com/politicas-de-privacidad/, the website, the services, products, software, content and/or information of Klarway, without the need for additional notice to the User. Klarway will notify the Client by email of the modifications made.
3.
The User's continued use of the Services after the publication of the Privacy Policy as revised, modified or updated by Klarway shall mean that the User accepts and fully agrees with the changes made.
4.
Klarway recommends that the User periodically review this “Privacy Policy”, so that they may be aware of any revision, modification and/or update that may have been made, as they are binding on the User.

Queries and complaints

1.
If you have any question, query or complaint related to this “Privacy Policy”, please contact us by email at info@klarway.com, with the subject: “PRIVACY POLICY QUERY” (in Spanish: “CONSULTA SOBRE LA POLÍTICA DE PRIVACIDAD”), or through any of the communication channels made available on our website https://klarway.com/.
2.
For the purposes of exercising the rights that the applicable personal data protection legislation recognizes with respect to the personal data that Klarway processes as processor, the “End User” must contact the Client that contracted Klarway's services and with which the “End User” has a relationship.
3.
You may also contact the authority or body in your country responsible for receiving complaints related to the protection of your personal data.