Bluepeak - Privacy Policy Addendum: Disclosures for Texas Residents

Last Revised: 2/2025

1. Overview 

This privacy policy addendum is for Texas residents (the “TX Privacy Policy”) and supplements the content contained in the Clarity Telecom, LLC d/b/a Bluepeak (“Bluepeak”, “we”, “our”, or “us”) Privacy Policy https://mybluepeak.com/privacy-policy/ (“Privacy Policy”). This TX Privacy Policy applies solely to visitors, users, and others who are residents of the State of Texas (“consumers”, “you” or “your”). We adopt this notice to comply with applicable Texas law, including the Texas Data Privacy and Security Act, as amended from time to time (hereinafter “TDPSA”). Any terms defined in the TDPSA have the same meaning when used in this TX Privacy Policy. Any other capitalized but undefined terms shall have the meanings set forth in the Privacy Policy. 

Please note that, as used in this TX Privacy Policy, “personal data” means any information, including sensitive data (as defined under the TDPSA), that is linked or reasonably linkable to an identified or identifiable individual. Personal data also includes pseudonymous data when the data is used by a controller or processor in conjunction with additional information that reasonably links the data to an identified or identifiable individual. Personal data does not include deidentified data or publicly available information or data outside the scope of the TDPSA. 

1.a. Modification of this TX Privacy Policy 

From time to time, we may update this TX Privacy Policy. If our information practices materially change at some time in the future, we will post the updated notice to our Site to notify you of these changes, and we will only use data collected from the time of the notice change forward for these new or different purposes. In the event we make a material change to how we use your personal data, we will provide you with an opportunity to opt out of such new or different use. The date this TX Privacy Policy was last revised is at the top of this page. You are responsible for periodically reviewing the Site and this TX Privacy Policy to check for any updates or changes. 

2. Collection and Use of Personal Data 

The categories of Personal data collected are described in the Type of Data Collected; Source of Data section of our Privacy Policy 

The purposes for which we collect your Personal data are described in the How We Use Your Data section of our Privacy Policy. If we use de-identified data, we also will maintain and use such de-identified data without attempting to re-identify such data. 

3. Disclosure of Data 

The categories of third parties to whom we disclose Personal data are described in the Who We Share Your Data With & The Purpose of Disclosure section of our Privacy Policy.   

The categories of Personal data that we disclose to third parties are:  

(a) first and last name, phone number, email, physical address 

(b) demographic data 

(c) communications data  

(d) device data 

(e) usage data 

4. Rights and Choices of Texas Residents 

The TDPSA also provides you with specific rights regarding your Personal data, subject to certain exceptions under TDPSA. This section describes those rights under TDPSA and explains how to exercise them. Certain requirements must be met for you to exercise your rights. See the Exercising Your Rights section below for more information on what requirements must be met and how to exercise such rights. 

4.a. Opt-Out Rights 

Under TDPSA you have the right to opt-out of, or to designate an authorized agent to act on your behalf to opt-out of, the use of your personal data for “targeted advertising” and the “sale of your personal data”. If you use an authorized agent to exercise these opt-out rights, please note we may take commercially reasonable steps to confirm the authorized agent’s authority to act on your behalf. 

(a) Targeted Advertising.  Our use of Automatic Tracking Technologies, as defined in the Privacy Policy, may be considered targeted advertising under the TDPSA. If you would like to opt out of targeted advertising, you may deploy a Global Privacy Control signal (“GPC”) or fill out the “Your Privacy Choices” form on the Terms and Conditions page on our Site or in the settings page of our Mobile App. For more information about GPC signals, please visit this site.  

 (b) Sale of Your Personal Data.  We may exchange your personal data for monetary or other valuable consideration which is defined as the “sale of personal data” under the TDPSA. If you would like to opt out of the sale of your personal data, you fill out the Your Privacy Choices” form on the Terms and Conditions page on of our Site or in the settings page of our Mobile App. 

 

4.b. Access & Correction Rights 

You have the right to request that we disclose certain information to you about our collection or use of your personal data. You also have the right to request we correct inaccuracies about your personal data. You may request: 

(a) confirmation of whether or not we are processing your personal data; 

(b) access to your personal data that we process; and  

(c) a correction of your personal data that we process.  

Once we receive a consumer request (see Exercising Your Rights), we will provide confirmation of the correction to the applicable personal data or access for you to make the correction to the applicable personal data. Please also see Data Portability Rights regarding how we may provide your personal data to you.   

 

4.c. Deletion Rights 

You have the right to request that we delete any of your personal data that we collected from or obtained about you. Promptly following our receipt of a consumer request, we will delete the personal data from our records. 

 

4.d. Data Portability Rights 

You have the right to request that we provide a portable copy of the personal data that we hold about you. Promptly following our receipt of a consumer request, we will provide a copy of your personal data, to the extent reasonably and technically feasible, in a readily useable format to transmit the personal data to you or another business. 

5. Exercising Your Rights

Only a Texas resident may make a “authenticated consumer request” (a “consumer request”) related to his/her personal data. A Texas resident may also make a consumer request on behalf of his/her minor child or in the case of a guardianship or similar situation, the guardian may exercise such rights on a Texas resident’s behalf. To be verifiable, you must include: 

(a) Verification of Identification. Provide sufficient information that allows us to reasonably verify that the Texas resident is the person about whom we collected personal data or to identify an authorized agent and verify that the authorized agent has the authority to submit a request on behalf of a Texas resident. 

 (b) Details of Request. Describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 

Promptly following our receipt of a consumer request, we will take commercially reasonable actions to authenticate the identity of the person exercising the request, including comparing any such identification data you have provided against data we hold about you.  

We cannot respond to your request or provide a Texas resident with personal data if we cannot verify his/her identity or authority to make the request and confirm the personal data relates to that Texas resident. 

Making a consumer request does not require a Texas resident to create an account with us, but we may require authentication of the Texas resident by requesting that he/her submit a consumer request through his/she existing account. 

To exercise the rights described above, please submit a consumer request to us by filling out this form or emailing us at the email address in the How to Contact Us section below.  

 

5.a. Initial Request Format and Timing 

We endeavor to respond to a consumer request within 45 days of its receipt. If we require more time (for a maximum total of 90 days), we will notify the Texas resident within 45 days of receiving the initial consumer request that we require more time, an explanation of the reason for the delay, and the length of the extension. 

We do not charge a fee to process or respond to a Texas resident’s consumer request unless the consumer request is excessive, manifestly unfounded, submitted more than twice in a 12-month period, or we believe the consumer request, individually or as part of an organized effort, is intended to harass or disrupt our business. If we determine that the consumer request warrants a fee, we will tell the Texas resident why we made that decision and provide him/her with a cost estimate before completing the consumer request.  

If we determine that we will not act on a consumer request, we will provide a response to the Texas resident that includes the basis of our reasoning.  

 

5.b. Exercising Your Appeal Rights 

Under TDPSA, you have the right to appeal our decision concerning a consumer request within a reasonable period of time from the point in which you received our initial response. 

Any appeal request should be sent to the place where the initial consumer request was sent (see Exercising Your Rights). The appeal request should clearly indicate that it is an appeal request of an initial consumer request and should include a copy of the initial consumer request along with our response explaining why we cannot comply with the initial consumer request. We will review all appeal requests and provide a response within 60 days of receipt of the appeal request. Our response to the appeal request will inform you of any action taken or not along with an explanation of the reason in support of the response. If you have any concerns about the results of an appeal request, such you may submit a complaint to the Texas Attorney General, which can be found here: https://oag.my.salesforce-sites.com/CPDOnlineForm. 

 

6. Non-Discrimination 

We will not process Texas residents’ personal data in violation of state and federal laws that prohibit unlawful discrimination against Texas residents. We will also not discriminate against a Texas resident for exercising any of his/her TDPSA rights. Unless permitted by the TDPSA, we will not: 

(a) Deny a Texas resident goods or services. 

(b) Charge a Texas resident different prices or rates for goods or services. 

(c) Provide a Texas resident a different level or quality of goods or services, including denial of goods or services. 

7. How to Contact Us 

If you have any questions or comments about this TX Privacy Policy, the ways in which Bluepeak collects and uses your data described here or in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under Texas law, please contact us at: Compliance.Team@MyBluepeak.com.