Handling personal data

Clear.bio processes your personal data carefully and in accordance with the law. We would like to provide the following information about this. Responsible for the processing of personal data is Clear Health BV, located in Amsterdam and registered in the trade register with number 87729563 in Amsterdam. Clear Health BV is a subsidiary of the holding company Clear BV (registered in the trade register with number 75846136, located in Amsterdam). Clear Health BV uses the trade name “Clear.bio”.

Last updated: January 10, 2024

Your privacy

At Clear.bio we take your privacy seriously – we believe your data is yours and you should have full control and visibility over it at all times. We will never sell your data to third parties. All personal data remains within Clear.bio and is stored encrypted in Amazon Web Services (AWS).

Below we describe our procedures to guarantee your privacy for our website, (web) application and treatments (‘services’). If you have any questions about this privacy policy, please contact us at: privacy@clear.bio.

Clear.bio complies with the General Data Protection Regulation (GDPR) and has appointed a Data Protection Officer (FG) and Security Officer. We also have a quality manager. They can be reached via:

• Data Protection Officer: privacy@clear.bio
• Security Officer: securityofficer@clear.bio
• Quality Manager: quality@clear.bio

You have the right to view, modify, delete or limit your information at any time. To do this, please contact the FG via the above email address.

To guarantee excellent privacy, Clear.bio uses a ‘privacy information management system’. Clear.bio has opted for ISO 27701. We have also implemented and successfully audited ISO 27001 (information security), NEN 7510 (information security in healthcare) and ISO 9001 (quality management). Certificates can be shared upon request.

Purpose and legal basis for our processing

Clear.bio processes personal data in the context of its services to enable participation in a Clear.bio treatment, as well as for communication and invoicing. In addition, Clear.bio processes personal data in the context of its business operations, including recruiting and selecting personnel, processing administration, managing IT systems, complying with legal obligations, archiving and handling requests, complaints and disputes. It also processes personal data for marketing and communication purposes, including managing this website and sending e-mail newsletters. We process this data on the basis of our legitimate interest, so that we can improve our website and process your possible question or request. In addition, we process your data on the basis of your consent, for example when you agree to our cookie banner or when you register for our newsletter. Clear.bio also requests your permission to send the email newsletter, send app access by email and/or any events and place cookies. You can withdraw your consent at any time.

The legal bases for processing are entering into and executing agreements that Clear.bio concludes with you and complying with legal obligations. The processing of personal data relating to health (such as medical history, blood values and medication use) is necessary for a contractual agreement that we enter into with you, either directly or through a referrer.

In addition, your data can be used for scientific purposes. The aim is to study the impact of using Clear.bio treatments on health. There is no risk to your privacy, as information security is in accordance with GDPR regulations. When analyzing this data, only anonymized data will be used.

What personal data and origin we collect and process

Information collected automatically

We automatically collect technical information and information about your visit to our website to understand how people access our information (services) and to improve it over time.

Technical information includes data such as IP addresses, domain names, your browser type and version, time zone setting, the country from which you visit us, files requested, types and versions of browser plug-ins, operating system and platform.

Information about your visit may include the full URL clickstream to, through and from our website (including date and time), length of visits to certain pages and app screens, page and app interaction information (such as scrolling, clicks, mouse-overs) or how to exit the page or app. We keep this information anonymous to protect your privacy. We use analytics partners (such as Google Analytics) to help analyze usage and traffic on the website.

Read our Cookie Policy for more information.

When you sign up for the newsletter

To send the newsletter, Clear.bio processes:

• first name;
• e-mail address.

Clear.bio obtains your personal data because you disclose it to it yourself. We store your data until you unsubscribe from the newsletter and can use this data for personal follow-up by e-mail. We never share your data with third parties.

If you register for the waiting list

Clear.bio processes for the waiting list:

• first name;
• e-mail address;
• telephone number (optional);
• health insurer (optional);
• diabetes type 2 status;
• medication use.

Clear.bio obtains your personal data because you disclose it to it yourself. We never share your data with third parties.

When you become a participant

Clear.bio processes with each participation:

• last name;
• address;
• e-mail address;
• phone number.

When registering for the supplementary (aanvullende) insurance, we also process:

• first name;
• citizen service number;
• policy number;
• date of birth.

When purchasing a treatment on our website, we also process:

• first name.

In some cases, we contact your primary care provider (GP, practice assistant or internist) to discuss your health insofar as it relates to your possible participation in a Clear.bio treatment. We use this data to provide you with our services, such as personalized nutritional advice based on analysis of the data you provide.

When registering for a treatment, we will also automatically register you for the newsletter. We store your data until you unsubscribe from the newsletter and can use this data for personal follow-up by email.

We process your sugar level data during participation. Only employees within the dietetics and support team have access to this data. This data is generated by the sensor (separate conditions apply when using the FreeStyle LibreLink app) and sugar level data is automatically transmitted to Clear.bio via a third party (Vital). FreeStyle Libre is a medical device from Abbott. Abbott accepts no liability for the services provided. When using a sensor other than the FreeStyle Libre, which is supported by Clear.bio, no data is sent back and forth via Abbott and Vital.

We have a signed processing agreement with the data processors, as with every partner. After participating, you can disconnect the blood sugar level data if you wish. Your logged meals, activities (including exercise), drinks and supplements are logged by you in the Clear.bio application and are also visible to employees within the dietitian and support team. File formation takes place in our Electronic Patient File (EPD). We use this data to provide you with our services, such as personalized nutritional advice based on analysis of the data you provide.

Communication between the user and Clear.bio mainly takes place via chat. We use Intercom technology. Only employees within the dietitian and support team have access to this data.

After completion of treatment, we store your data digitally for another 20 years in accordance with the legal retention period for medical records. We do not store other data for longer than is necessary to comply with legal requirements. We periodically assess whether there is a valid reason for storing data. If this is missing, our retention obligation ends and we destroy the data.

Your biomedical data is anonymized and aggregated and used in reports with the aim of providing insight into the effectiveness of our treatment. Data is also used pseudonymously for the purpose of maintaining and developing algorithms and conducting scientific research.

We will keep your contact details for the purpose of informing you about any developments within Clear.bio outside the newsletters. If you do not want this, you can unsubscribe via your contact person within Clear.bio or by sending an email to privacy@clear.bio.

If you install the Clear.bio app

Installing the Clear.bio app is necessary to participate in the treatment. Access is only possible if Clear.bio has been prescribed or purchased. We use a database and CRM system with the aim of monitoring your treatment and making all information visible in the application.

By following the intake you provide personal and health data in our application:

• first name;
• date of birth;
• sex;
• medical information (diabetes duration, weight, height, health conditions, medication use).

When referred from a practitioner, we also request the following information in the app:

• citizen service number;
• document number;
• policy number.

We process this data for the purpose of treating you and processing the correct information to carry out personal control.

If you apply for a job at Clear.bio

Clear.bio collects and processes data from applicants directly or through forms and/or attached CVs via the Homerun tool. Clear.bio also collects and processes applicant data through personal contacts, telephone conversations and/or e-mail. Some examples of applicant data are:

• contact details of the applicant (such as name, address);
• training of the applicant (such as training, courses);
• employment history (such as previous employers, references).

Clear.bio stores applicant data during the recruitment and selection procedure. In accordance with the General Data Protection Regulation (GDPR), we delete applicant data and all identifying characteristics from its database no later than 4 weeks after ending and/or completing the application procedure. If this period is deviated from, for example if we may have a suitable other position in the future, this will be discussed with the applicant. We will store your data for one year in consultation.

List of third parties with whom we exchange data

• Abbott Diabetes Care: The manufacturer of the sensor, which makes the sugar level data available to us. With the aim of being able to give you advice via the Clear.bio app. The data is stored in the European Union.
• Active Ants: Our logistics center receives your name and address details. With the aim of sending your order. The data is stored in the European Union.
• ActiveCampaign: A system for providing mailings. The aim is to inform about developments within Clear.bio. The data is stored in the United States, with which we have entered into a processing agreement with Standard Contractual Classes (SCC).
• Airtable: A CRM system. The aim is to provide insight into users and care groups, and to provide access to the Clear.bio app. The data is stored in the United States, with which we have entered into a processing agreement with Standard Contractual Classes (SCC).
• Amazon Web Services (AWS): Our backend/infrastructure where the app and Portal data is stored. The aim is to make the app and the associated treatment available to you. The data is stored in the European Union.
• Homerun: A tool for the application process. For the purpose of receiving application data from you. The data is stored in the European Union. Intercom: The product we use to communicate with you from the Clear.bio application or on the Clear.bio website. With the aim of contacting you to give you advice. The data is stored in Ireland.
• Mollie: A tool that makes payment transactions possible if you pay for the treatment yourself. The data is stored in the European Union.
• VIPlive: A platform through which a practitioner can refer to us. With the aim of being able to accept the patient and obtain the correct medical data. The data is stored in the European Union.
• Vital: An API that automatically transmits sugar level data from Abbott to Clear.bio. The aim is to provide you with real-time sugar level data in the Clear.bio app. The data is stored in the European Union.
• Vital10: The Electronic Patient File where we receive your medical data and (possibly) exchange it with your practitioner. With the aim of being able to treat you properly. The data is stored in the Netherlands.
• WordPress/Woocommerce: The backend of our website where your order is placed. With the aim of being able to place an order. The data is stored in the European Union.
• Zorgdomein: A platform through which a practitioner can refer to us. With the aim of being able to accept the patient and obtain the correct medical data. The data is stored in the European Union.

Links to other websites

Our website contains links to other websites. For sites over which we have no control, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites. This applies, for example, to the buttons included on our website that link to LinkedIn and Facebook.

We cannot guarantee that these third parties handle your personal data in a reliable or secure manner. We recommend that you read the privacy statement of these websites before using these websites.

LinkedIn: https://www.linkedin.com/legal/privacy-policy

Facebook: https://www.facebook.com/policy.php

Access your data

You have the right to view, change or delete the personal information we hold. Personal notes from healthcare professionals have been submitted with a request for access to information. Information that is affected by disclosure also affects the privacy of another data subject will not be provided.

Email your request to our data protection officer at privacy@clear.bio.

Disclaimer

The conditions of this disclaimer apply to the website www.clear.bio, whose domain name is held by the company Clear Health BV with limited liability under Dutch law, registered with the Chamber of Commerce under number 75846136. Clear Health BV trades under the name Clear.bio.

The following terms and conditions apply to this website (www.clear.bio). By viewing this site and using the information provided on it, you agree to these terms and conditions:

• The information on this website is intended for general information. This information is subject to change without further notice. Clear.bio has exercised due care in compiling and maintaining the website, making use of sources that are considered reliable. However, Clear.bio does not guarantee the correctness, completeness and topicality of the information provided. Clear.bio assumes no obligation and expressly disclaims any liability in this regard. You cannot derive any rights from the information provided. Clear.bio also does not guarantee that the Clear.bio website will function without error or interruption.
• On www.clear.bio reference is made, whether or not by means of hyperlinks, to information provided by third parties. Such information has not been further assessed by Clear.bio for reasonableness, correctness, completeness or topicality. Clear.bio expressly disclaims any liability in this regard.
• The information provided is not intended to be a substitute for expert medical advice. If you use the information provided without verification or further advice, you do so at your own expense and risk. The information available on this website is therefore purely intended as information for people with type 2 diabetes who want to participate in the Clear.bio treatments. It is emphatically not intended as a guideline for making diagnoses. The information is also not intended as a guideline to start, change or end treatments. Diagnoses should always be made by your doctor and treatment of any condition should always be guided by your doctor. Clear.bio is not set up as an online consultation service. We will not answer specific questions about type 2 diabetes or the treatment prescribed for you. You will need to make an appointment with your GP or specialist for this.
• The results of the treatment are based on the results of 215 participants after three months.
• Clear.bio, respectively the owner, retains all rights (including copyrights) with regard to the information presented on www.clear.bio. The contents of www.clear.bio may not be published in whole or in part on any other website or in any other type of media, without the explicit permission of the right holder.
• The personal use of printouts of the information texts is encouraged. Physicians are also allowed to provide printouts of the information texts to patients. The source of the information, in this case www.clear.bio, must then be displayed.
• The exclusions and limitations of liability also benefit directors and employees of www.clear.bio.
• Dutch law applies to www.clear.bio and to this Privacy Statement and Disclaimer.

Email disclaimer

An email message from Clear.bio is intended solely for the addressee(s). Use of this information by anyone other than the addressee is prohibited. Disclosure, duplication, distribution and/or provision of this information to third parties is not permitted. Clear.bio does not guarantee the correct and/or complete receipt of the content of this email message, nor for the timely receipt. Non-business views, opinions, opinions and expressions contained in this email are solely those of the author of this message and are not attributable to Clear.bio. We draw your attention to the fact that the confidentiality and integrity of information sent by email is not guaranteed. It is possible that email messages have been viewed or modified by third parties. If you have accidentally received this email message, please contact the sender of this message at Clear.bio. We recommend that you always use up-to-date anti-virus software.

Disclaimer FreeStyle Libre

Clear.bio uses Abbott’s FreeStyle Libre flash glucose monitoring system (FSL). The FreeStyle Libre is a medical device and is registered as such by Abbott. The Clear.bio treatment, as a non-medical application, is not included in this registration. Abbott assumes no liability for the safety, longevity and performance of this unregistered application. Clear.bio results should not take the place of your doctor’s advice. For professional medical assistance, please contact your doctor.

Coordinated Vulnerability Disclosure

At Clear.bio we work hard to maintain and improve the security of our (medical) devices, systems and services. No matter how much effort we put into system security, there might be vulnerabilities present. If you discover a vulnerability you can report it safely via our Coordinated Vulnerability Disclosure, so Clear.bio can take safety measures.

Reporting a vulnerability

If you have found a vulnerability, we would like to hear about it so that we can take appropriate measures as quickly as possible. Clear.bio is keen to cooperate with you to protect our clients and systems better.
Read here more about reporting a vulnerability.

Copyright

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or made public in any form or by any means, electronic, mechanical, by printouts, copies, or by any other means, without the prior written permission of the publisher.

Contact

Suggestions for improving the website can be sent to Clear.bio by email (info@clear.bio).