Klarway Privacy Policies

04/21/2023

1. PRIOR DECLARATION

1.1 The privacy of personal information is of utmost importance to Klarway. This is why Klarway is committed to providing Users with the most satisfactory, secure, and reliable user experience possible. It is a fundamental and priority objective to collect only the personal information necessary to ensure Klarway can offer excellent products and services. Klarway aims for Users to always understand what information about them is being processed. Users are at the heart of everything Klarway does. Therefore, if you have any questions regarding security and/or the information Klarway processes to provide the best possible service, and understanding that this is a highly sensitive situation, a real person will be able to resolve them with the utmost honesty and in the most timely manner.

1.2 This “KLARWAY Privacy Policy” (hereinafter “the Privacy Policy”) sets out how Klarway processes the personal data of Users of the Services and the rights that End Users have with respect to the data processed by Klarway, whether Klarway acts as the data processor or the data controller.

1.3 Klarway produces and maintains a series of websites, including the website https://klarway.com/ , products, software, computer and mobile applications, content, tools, information, documentation and services (the “Services”) for the purposes of providing the proctoring service to Clients who contract its services.

1.4 Under the terms agreed upon with the Client in the corresponding “Data Processing Agreement,” following the Client’s express documented instructions and for the fulfillment of the Client’s purposes, we process the data of “End Users” who interact with Klarway Services by virtue of their relationship with a Client. In such cases, we act on behalf of and on behalf of the Client, acting as “data processor,” with the Client being the “data controller.” Under no circumstances does Klarway assume or will assume ownership of the databases processed on behalf of the Client.

1.5 Likewise, when a person interacts with Klarway Services without being a Client or an “End User”, such as, for example, when a person browses the website https://klarway.com/ and requests information through any of the contact channels provided therein, we may collect and process their personal data on our own behalf and for our own purposes, in which case we act as the “data controller”.

1.6 The Data Controller is responsible for identifying and maintaining the legal justification for processing the personal data of the “End Users” in accordance with the requirements of applicable data protection regulations and must comply with all applicable legal requirements, including the obligation to inform the “End Users.” In cases where the applicable data protection regulations require the explicit consent of the “End User” for the processing of their personal data, it will be the Controller’s sole obligation to provide the necessary means to obtain said consent, complying with all applicable legal provisions. In cases where Klarway acts as the data processor, the “End User” acknowledges that they have been previously informed by the Client and understands and accepts that this responsibility, as well as the obligations established by personal data protection regulations, fall on the Client, given that it is the data controller.

2. DEFINITIONS

2.1 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/inteligencia-biometrica-terminos-y-condiciones-2/ ) shall apply.

2.2 For the purposes of this document, the following definitions apply:

2.2.1 Personal data : any information of any kind relating to an identified or identifiable natural person.

2.2.2 Sensitive data : Personal data that reveals racial and ethnic origin, political opinions, religious, philosophical or moral beliefs, union membership and information relating to health or sexual life.

2.2.3 Biometric data : Personal data obtained from specific technical processing, relating to the physical, physiological or behavioural characteristics of a human person, which allow or confirm their unique identification.

2.2.4 Data processing : operation or set of operations carried out on personal data, whether by automated or non-automated procedures, that allow the collection, registration, conservation, storage, organization, structuring, adaptation or modification, relationship, evaluation, extraction, consultation, use, communication, dissemination, limitation, blocking, deletion or destruction, and in general the processing of personal data, as well as its transfer to third parties through communications, consultations, interconnections or transfers.

2.2.5 Data controller : person who determines the processing of data, its purposes and means.

2.2.6 Data processor : person who processes personal data on behalf of the data controller.

2.2.7 Data subject or Interested party : the “End User” whose personal data is the subject of processing.

2.2.8 Pseudonymisation of data : processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

3. ACCEPTANCE

3.1 The “Privacy Policy” is part of the “Klarway General Terms and Conditions of Use” ( https://klarway.com/inteligencia-biometrica-terminos-y-condiciones-2/ ) and/or any other specific agreements or conditions agreed upon with Klarway Customers or Users.

3.2 The performance of any action of acceptance of the “Klarway General Terms and Conditions of Use”, as described in its clause 2 (ACCEPTANCE. GENERAL ACKNOWLEDGMENTS), and/or any other specific conditions, implies the express and explicit provision of consent by the User for the processing of personal data by Klarway, as well as compliance with the duty of information, provided for in the regulations on personal data.

3.3 End users who are minors: the provisions of point 3 (END USERS WHO ARE MINORS) of the “General Terms and Conditions of Use of Klarway” shall apply.

4. GENERAL PRINCIPLES OF PERSONAL DATA PROCESSING

4.1 The principles governing the processing of personal data by Klarway are as follows:

4.1.1 Legality, loyalty and transparency : Klarway processes Users’ personal data in compliance with personal data protection regulations, acting with loyalty and transparency, without using deceptive or fraudulent means.

4.1.2 Purpose Limitation : Klarway processes Users’ personal data for specific, explicit, and legitimate purposes and does not process the data in a manner incompatible with those purposes. When acting as a data processor, Klarway only processes data for the purposes and means determined by the Client and following its duly documented instructions.

4.1.3 Data Minimization : Klarway limits the processing of personal data to only those that are appropriate, relevant and necessary for the best provision of its services and the fulfillment of the purposes for which they are processed.

4.1.4 Accuracy : Klarway processes personal data to ensure that it is accurate, up-to-date and complete, taking reasonable steps to delete or rectify data that is inaccurate for the purposes of processing.

4.1.5 Retention Limitation : Klarway retains Users’ personal data only for the time strictly necessary to fulfill the purpose of the processing. Once the purpose for which the data was collected or processed has been fulfilled, Klarway deletes the personal data.

4.1.6 Proactive Responsibility : Klarway adopts appropriate technical, organizational and legal measures to ensure proper processing of personal data and compliance with the obligations set forth in applicable personal data protection regulations.

4.1.7 Confidentiality : Klarway does not disclose the personal data it processes to third parties except as provided in this Privacy Policy or the Data Processing Agreement. We also adopt appropriate technical, organizational, and legal measures to ensure that persons who access the personal data processed by Klarway comply with confidentiality obligations.

4.1.8 Informed consent : Klarway only processes data for which consent is not required by applicable law or, where consent is required, for which the data subject has given his or her free, specific, informed and unequivocal consent for such purposes.

4.1.9 Security by design : Klarway considers the aspect of privacy protection from the very beginning of the design of the products and services it provides.

5. PERSONAL DATA THAT KLARWAY COLLECTS AND PROCESSES

5.1 We collect personal data from the User through different means and tools:

5.1.1 THE WEBSITE AND USE OF THE SERVICES

https://klarway.com/ is our main website and offers a variety of features and content, including marketing information and training materials for each Klarway product or service.

Klarway provides a web form that allows users to request information about a product or service, register for a webinar, subscribe to newsletters and product updates, sign up for a beta version, register a product, and more. These forms collect personal information such as the user’s name, postal address, title, organization, email address, phone number, and other personal information.

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

When you use the Services, Klarway collects various types of data and information, such as your connection location, browser or operating system, 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, contests, or the User may contact Klarway with questions, comments, etc., or the User may provide Klarway with feedback regarding the Services, and in the course of such activities, Klarway may collect personal data from the User.

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

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 performing any of the actions of acceptance of the “Klarway General Terms and Conditions of Use” and is based on Klarway’s legitimate interest to provide relevant, pertinent, complete and adequate information about its products, services, training and technical support and to allow the participation of Klarway personnel for pre-sales, post-sales or other purposes.

5.1.2 KLARWAY VALIDATOR MOBILE APPLICATION :

The “Klarway Validator Mobile Application” (MOBILE APP) is a mobile application that collects biometric data from the “End User” for the purposes of registering the End User and validating their identity.

Through the Klarway mobile app, we collect and process personal information from the “End User” and use it to verify their identity both at the beginning and throughout the monitoring process.

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

The legal basis for collecting and processing the personal data of the “End User” is the relationship that Klarway maintains with the Client who contracted Klarway’s services and by which the Client commissions the processing of the personal data of End Users who maintain a relationship with the Client.

The “End User” expressly acknowledges that they have been duly informed by the Client with whom they are related that Klarway will collect and process their personal data through the MOBILE APP for the purposes of registering the End User and validating their identity through their biometric data.

Klarway does not 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 under the terms permitted by applicable personal data protection regulations, the “End User” must contact the Client responsible for the processing with whom they maintain a relationship.

5.1.3 KLARWAY DESKTOP APPLICATION :

The “Klarway Desktop Application” (DESKTOP APP) is a software-based computer application that monitors an “End User” computer or computing device during online monitoring activity.

It also allows the “End User” to record themselves and their surroundings during the online monitoring process. The DESKTOP APP automatically processes the recordings and other data from the monitored session.

During a monitored session, a variety of data is automatically processed. The End User’s recording goes through an automated “post-processing” step that uses facial detection and recognition technology to determine, among other things, whether the End User remained in the video frame, whether multiple people appear in the video frame, whether the person in the video frame differs from the person who initiated the monitored session, and the position of the End User’s face relative to the recording device’s camera.

Additionally, the DESKTOP APP continuously monitors the applications and processes running on the “End User” computing device during a monitored session.

Summary information for each monitored session is available to the Client.

The DESKTOP APP generates an overall value for a monitored session that helps the Client determine the risk of security and reliability breaches occurring during the monitored session.

Klarway collects and processes personal information, including biometric data, for the purpose of providing proctoring services to Clients.

The “End User” expressly acknowledges that he/she has been duly informed by the Client with whom he/she is related that Klarway will collect and process his/her personal data, including his/her biometric data, through the DESKTOP APP for the purposes of providing the proctoring service and that the Client, through its authorized personnel, will access said information for the purposes of controlling the monitored events or processes.

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

In cases where the DESKTOP APP is used for the registration of the End User and the validation of his/her identity, the provisions of point 5.1.2 shall also apply.

5.1.4 KLARWAY PROCTORING SOFTWARE

This is proctoring software accessed by embedding the Client’s computer system (learning management system –LMS– or other) within a web-based tool to interact with the content through the application programming interfaces (APIs) of said computer system in a controlled environment. It requires “End Users” to validate their identity in the MOBILE APPLICATION or DESKTOP APP (registration). The Client’s API must include “single sign-on” capabilities for authentication purposes, which is then stored on Klarway’s server to verify and record its existence in the Client’s system.

The “End User” expressly acknowledges that he or she has been duly informed by the Client with whom he or she is related that Klarway will collect and process his or her personal data, including his or her 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 under the terms permitted by applicable personal data protection law, the “End User” must contact the Client responsible for the processing with whom they maintain a relationship.

5.1.5 CONSULTATIONS 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 inquiries or technical support services is the consent the User provides by performing any of the actions of acceptance of the “Klarway General Terms and Conditions of Use” or the relationship that the “End User” maintains with the Client who contracted Klarway’s services and/or the “Data Processing Agreement” with the Client.

5.1.6 THIRD PARTY SERVICES

We may use third-party services to collect statistical data, trends, etc., to improve Klarway’s services.

The web analytics service providers that operate these services use technologies such as cookies, web server logs, web beacons, and other technologies that help Klarway analyze Users’ use of the https://klarway.com/ website and/or the Services. The information collected through these means (including IP addresses) may be shared with the providers of such analytics services, as well as with other third parties who will use the information collected to, among other purposes, evaluate the use of the Klarway Website and/or Services.

The legal basis for processing the User’s personal data collected through the Website is the express and explicit consent the User provides by performing any of the actions 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.

6. PURPOSE OF THE PROCESSING OF PERSONAL DATA

6.1 Klarway collects and processes Users’ personal data for the following purposes:

6.1.1 Provide proctoring services to Clients who have contracted Klarway’s services, processing personal data in accordance with the Data Processing Agreement and other documented instructions provided by the Client. As the data controller, the Client determines the purpose and means for which Klarway processes data.

6.1.2 Improve Klarway’s services in order to provide the User with a better experience and interaction with the website, products, content and services offered.

6.1.3 Enable the development of new products and services.

6.1.4 Have useful statistical information for the provision and improvement of services and products offered or to be developed in the future.

6.1.5 Communicate with Users to provide them with news, updates, comments and/or any type of information related to the Services.

6.2 Personal data and contact information may be used to send the User information about promotions, offers, or new Klarway products or services. The legal basis for processing the User’s personal information for this purpose is the consent they provide by accepting Klarway’s “General Terms and Conditions of Use.” The User may revoke their consent at any time by using the unsubscribe link at the bottom of our marketing emails. Alternatively, you can send an email to info@klarway.com with the word “UNSUBSCRIBE” in the subject line, and we will remove your email address from future communications.

6.3 If a User sends Klarway an email or other type of communication, he or she expressly authorizes Klarway to retain the message or communication, the email address or account from which the message or communication was sent, and contact information to respond to the request or to fulfill the purposes indicated above.

7. RIGHTS OF PERSONAL DATA OWNERS

7.1 The “End User” is the owner of the personal data processed by Klarway.

7.2 In order to exercise your rights (access, rectification, deletion, opposition, limitation, portability or any other rights that the applicable personal data protection regulations recognize), the End User must contact the data controller (Klarway or the Client, as indicated above ).

7.3 In cases where Klarway acts as the data controller , the data subject may exercise their rights with respect to their personal data by sending an email to the following email address info@klarway.com , with the subject: “EXERCISE OF RIGHTS BY THE HOLDER OF PERSONAL DATA”, indicating in the body of the email the right being exercised and the legal basis for doing so in accordance with the applicable law. Klarway will respond to the request to the extent appropriate, by the same means and within the applicable legal deadlines.

7.4 In cases where Klarway acts as a data processor , the “End User” must exercise their rights regarding their personal data by contacting the Client that contracted Klarway’s services and with which the “End User” maintains a relationship, and must follow the procedures established by the Client. If Klarway is required to act pursuant to the agreement with the Client in the “Data Processing Agreement” and/or any other specific conditions, Klarway will only act following express documented instructions provided by the Client and in accordance with the agreement in the Data Processing Agreement. It is expressly clarified that, in these cases, Klarway will not respond to End User requests unless expressly indicated by the Client and in accordance with the agreement between Klarway and the Client.

8. SECURITY AND CONFIDENTIALITY MEASURES

8.1 Klarway considers it very important to preserve the security and confidentiality of Users’ personal data. For this reason, personal data and all User information collected and processed by Klarway, whether as data controller or data processor, is stored in databases that comply with all the technical, organizational, logical, and physical measures necessary to guarantee the security and confidentiality of Users’ personal data, in order to prevent its adulteration, loss, unauthorized access, or processing, and to allow the detection of intentional or unintentional deviations of information, whether the risks arise from human action or from the technical means used. This ensures the confidentiality of communications and complies with the obligations established in the applicable regulations on the protection of personal data.

8.2 To this end, Klarway adopts, among others, the following actions:

8.2.1 Limit your staff’s access to databases only to those who must fulfill their duties and to the extent strictly necessary for those purposes.

8.2.2 Klarway staff have signed confidentiality agreements regarding the data and personal information they access in the performance of their duties.

8.2.3 Periodically conducts training for its staff on privacy, confidentiality and data security issues.

8.2.4 Protect databases using appropriate technical, organizational, contractual, and physical security measures to protect against unauthorized access, disclosure, or use.

8.2.5 Uses world-class storage services that comply with the security and confidentiality standards required by applicable regulations on personal data protection, requiring them to comply with all corresponding obligations.

8.2.6 Conduct periodic audits to verify compliance with the security standards required by applicable regulations on personal data protection.

8.2.7 Collaborate with the Client to enable it to comply with the security obligations required by applicable legislation regarding the protection of personal data.

8.2.8 Klarway duly notifies the Client of any personal data security breaches of which it becomes aware, as agreed by Klarway and the Client in the “Data Processing Agreement.”

9. ASSIGNMENT AND TRANSFER OF PERSONAL DATA TO THIRD PARTIES. HIRING OTHER PROCESSORS

9.1 The data collected and processed as described in this “Privacy Policy” are for the exclusive use of Klarway or the Client.

9.2 Personal data and other information collected and processed by Klarway will not be disclosed to third parties except in the following cases:

9.2.1 That the data subject has given his or her prior and express free and informed consent.

9.2.2 In some cases, Klarway may engage service providers to perform various functions and services. In such cases, personal data may be shared with such providers, subject to security and confidentiality obligations consistent with applicable personal data protection regulations and this Privacy Policy, provided that such third parties use such personal data only on behalf of and under the documented instructions of Klarway or the Client.

9.2.3 Compliance with judicial or administrative orders issued by the competent authorities. Klarway informs the Client of such orders.

9.2.4 Business Transfers: In the event that Klarway is affected by a bankruptcy, merger, acquisition, reorganization, or sale of assets, personal data and other information may be transferred as part of such transactions.

9.3 The personal data collected and processed by Klarway is stored on servers provided by leading global companies, which maintain security standards that comply with the requirements of applicable personal data protection regulations, this “Privacy Policy,” and the conditions established in the “Data Processing Agreement” between Klarway and the Client. Klarway only uses other processors (subprocessors) with the Client’s express authorization.

10. CONSERVATION OF PERSONAL DATA

10.1 Klarway retains Users’ personal data for the time strictly necessary to fulfill the purpose of the processing.

10.2 When acting as a data processor, the Client is responsible for defining the purposes and timeframes for processing the personal data of “End Users.” Personal data (including records of monitored sessions) are retained as directed by the Client and until the maximum period of contractual performance has been fulfilled, as established in the “Data Processing Agreement” between Klarway and the Client, any other specific conditions, and applicable personal data protection legislation. After this period, Klarway will return, delete, or remove the data as agreed with the Client. If you are an “End User,” we recommend that you consult with the Client with which you are related so that they can inform you about the retention periods for data and records of session recordings. Likewise, if You are an “End User”, You acknowledge and accept that You have been informed by the Client that it has the possibility of downloading from Klarway’s servers the records of each of the monitored sessions, either individually or in batches, and that Klarway has no type of responsibility, before the Client, the “End User” and/or any third party, for cases in which the Client has not downloaded said records during the contractually stipulated retention periods and Klarway has proceeded to delete or eliminate them.

10.3 When a User’s account is cancelled or closed, regardless of the reasons or causes, this will not imply that Klarway is obliged to delete the personal data from the databases it processes to the extent that they are useful for the purpose for which they were collected as described in this “Privacy Policy”.

10.4 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 formally notify the Client with whom you maintain a relationship through the means provided by the Client. If you have any questions or complaints regarding the request to cancel your account or the deletion or elimination of your personal data that may still be on Klarway’s servers, you can submit your questions or complaints by sending an email to info@klarway.com with your personal information: full name, ID, and details of the Client with whom you are or were related. Klarway will respond to your questions or complaints within 48 business hours of receiving them.

11. MODIFICATIONS TO THE “PRIVACY POLICY”

11.1 This Privacy Policy may be periodically reviewed, modified or updated by Klarway unilaterally and at its sole discretion to reflect changes in our practices regarding the processing of personal data or changes in applicable legislation regarding the protection of personal data.

11.2 Revisions, modifications, or updates will become effective and fully effective on the day following their publication on the URL: https://klarway.com/privacy-policy/ , the Klarway website, services, products, software, content, and/or information, without the need for additional notification to the User. Klarway will notify the Customer by email of any such modifications.

11.3 The User’s continued use of the Services following Klarway’s posting of the revised, modified, or updated Privacy Policy will mean that the User fully accepts and agrees to the changes.

11.4 Klarway recommends that the User periodically review this “Privacy Policy” so that they may be aware of any revisions, modifications and/or updates that may have been made, as these are binding on the User.

12. QUERIES AND COMPLAINTS

12.1 If you have any questions, queries or complaints regarding this “Privacy Policy”, please contact us via our email address info@klarway.com , with the subject: “QUERY ABOUT THE PRIVACY POLICY”, or through any of the communication channels made available on our website https://klarway.com/ .

12.2 In order to exercise the rights granted to you by applicable personal data protection legislation with respect to the personal data that Klarway processes as data processor, the “End User” must contact the Client who contracted Klarway’s services and with whom the “End User” maintains a relationship.

12.3 You may also contact the authority or agency in your country responsible for receiving complaints related to the protection of your personal data.