PRIVACY POLICY

Effective January 18, 2021

ESM Solutions Corporation (“we” or “us”) is committed to respecting your privacy and recognizing your need for appropriate protection and management of any personally identifiable information you share with us. Individual users who visit www.esmsolutions.com (the “Website”) will remain anonymous unless they voluntarily tell us who they are. However, we may track the Internet domain address from which people visit the Website and analyze the data for trends and statistics.

This Privacy Policy describes the information we collect from you (i) as you use the Website and (ii) when you communicate with us through email, site-related communications, or offline communications. This Privacy Policy also describes our collection methods related to such information and our use of such information.

Information We Collect from You

We may, in certain circumstances (for example, when you purchase or license a product or service or when you download information) ask you to provide personal information about yourself, such as your name, email address, postal address, telephone number, credit card information, and password (collectively, “personal information”). Whether or not you choose to provide the information we request is entirely up to you. If you choose not to provide the information we request, you may be unable to purchase products or services or access certain services, offers, and content on the Website.

We also collect personal information when you send us an inquiry, comment, or request and will use the information you provide to respond to such inquiry, comment, or request. We may also add this information to your user profile and use such information to (i) provide information about future products and services that may suit your particular interests, (ii) help you retrieve a password, (iii) analyze trends, (iv) track your activities on the Website, and (v) infer your interests.

Except as otherwise provided for herein, we restrict access to personal information solely to those employees who need such information to provide products or services to you.

When you visit the Website, we also collect anonymous usage information that is not linked to you as an individual (“Session Data”). This data may include browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform. We may use Session Data for a variety of reasons, including to better understand things like how people use the Website, how many visitors arrive at specific pages, the length of stays on the Website, and the frequency of visits to the Website.

We also collect IP address information from any visitor to the Website and we log those addresses for system administrative purposes only. IP addresses are not used for identification and we do not link IP addresses to any information that is personally identifiable.

Children Under the Age of 16

The Website is not intended for children under 16 years of age. No one under 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on the Website or through any of its features. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact Customer Support at support@esmsolutions.com.

Information Sharing with Partners and Third Parties

We may share your personal information with our partners and with third parties as provided for in this Privacy Policy.

  1. We may share your information with third parties who are performing functions on our behalf, such as processing credit card transactions, delivering products and services, or tracking information generated through the Website. Your information may be shared with such third parties to facilitate the functions performed by such third parties on our behalf.
  2. We may also share your personal information with third party vendors who offer products, services, or other information we think may interest you. After your personal information has been shared with third party vendors, your personal information is subject to the privacy policies of these vendors. Contact them directly for information on their policies or to opt out of promotional communications from them.

Cookie Policy

Like most Websites, we use cookies on the Website to collect data to personalize and improve your individual viewing experiences and track and analyze non-personally identifiable usage statistical information in order to constantly improve the quality of the Website and for other administrative purposes. Data collected includes your internet domain and host, IP address, browser software and operating system, and the date and time you accessed the Website.

We use two different types of cookies on the Website: Session cookies track the user’s progression through the Website for a single visit; these cookies expire at the end of your browser session. In addition, if you leave your browser open for a prolonged period, they are set to automatically expire. Persistent cookies are stored on your device between browser sessions, allowing us to remember you and your preferences on the Website. We may use a persistent cookie to remember such information as your user name. You can instruct your browser to stop accepting cookies from the sites you visit

Social Media Plugins

The Website may use social media plugins from various social networking sites to enable you to easily share information with others. Social networking sites may use cookies to collect data regarding your browsing activity. When you visit the Website, the operator of the social plugin can place a cookie on your computer and thus recognize you the next time you visit the Website. If you are logged into a social media website (e.g., Facebook, Twitter, Instagram) while browsing on the Website, the social media plugins allow that social media website to share with its users information about your activities on the Website. We do not control any of the content from these social media plugins, and we are not responsible for the practices of any third-party social networking site. Please visit all applicable social networking sites to learn more about their privacy practices.

Third-Party Hosting

We use a third-party host to maintain and host the Website. Therefore, any information you submit, including personal information, will be placed and stored on a computer server maintained by a third-party host. The third-party host has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your personal information and prevent unauthorized access to or improper use of your personal information.

Links to Other Sites

The Website may contain links to other sites. Your use of these other linked sites is subject to their respective terms of use and privacy policies. We have no control over these linked sites and no responsibility or liability whatsoever for the content or privacy practices of these linked sites.

Choices about How We Use and Disclose Your Information

When it comes to your personal information, you have rights.

You may opt out of having your personal information shared for the purpose of receiving product offers directly from us via email or postal mail. To do so, contact Customer Support at support@esmsolutions.com to identify which communications you choose not to receive. If you choose not to give us your personal information at all, you can still access the Website; however, you will not be able to access areas that require personal information. NOTE however, that you may NOT opt-out of receiving administrative emails related to your account—unless you terminate your account with us.

You may also review and approve the information you have submitted to us. If any of this information changes, or if you no longer wish to use the Website, we will correct, update, or remove the information that you have provided to us. You may request that we do so by contacting Customer Support at support@esmsolutions.com. To protect your privacy and security, we will take reasonable steps to verify your identity before making corrections or granting access to your information.

If you are a California resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared during the preceding calendar year with third parties for their direct marketing purposes. To submit a request, contact Customer Support at support@esmsolutions.com. Allow a minimum of 30 days for a response. California residents may have additional personal information rights and choices. Please see the “Your California Privacy Rights” section of this Privacy Policy. If you are a Nevada resident, you may submit a request to exercise your sale opt-out rights under Nevada Revised Statutes Chapter 603A to Customer Support at support@esmsolutions.com.

The Website is operated and managed on servers located and operated within the United States. By visiting and using the Website, residents and citizens of countries and jurisdictions outside the United States understand and consent to the transfer, processing and sharing of information about yourself to companies located in the United States. You understand that the privacy laws of the United States may not be as comprehensive as those in your country or jurisdiction, and you agree and consent to the transfer of your personal information to us. We may store and process your personal information in the United States or abroad.

Payment Privacy

To protect your personal information, we comply with the security standards (PCI DSS) required by the PCI Security Standards Council (the “Council”). The Council was founded in 2006 by five prominent payment brands—including American Express, Discover Financial Services, JCB International, MasterCard, and Visa Inc. This global forum is responsible for the development, management, education, and awareness of security standards for credit and debit cards.

PCI DSS applies to all entities involved in payment card processing. This includes retailers where consumer purchases are made, payment card processors, credit card issuers, and service providers. We continually review our payment card security practices to ensure that those practices satisfy the requirements of the most current version of the PCI DSS compliance standards. If you suspect that you have received a phishing or other type of fraudulent communication, you should not click on any links, open any attachments, call any affiliated phone numbers, or follow any instructions outlined in the communication. If the phishing or other fraudulent communication purports to be associated with the Website, you should report the communication to us by sending an email to support@esmsolutions.com. You should attach the unsolicited communication to your email report.

Data Security Measures

We take reasonable steps to maintain physical, electronic, and procedural safeguards to protect your information. These safeguards may include data encryption, access authorization, firewalls, and physical access control to our data centers. We use industry-standard encryption technologies when transferring and receiving user-identifiable information.

We have implemented several security features throughout the Website to prevent the unauthorized release of, or access to, the user-identifiable information that we collect.

While we use SSL encryption to protect sensitive information online, we also protect user-identifiable information off-line. Except as otherwise provided for herein, all of the information that we collect, not just the sensitive personal information mentioned above, is restricted in our offices and only employees who need the information to perform a specific job (for example, our customer support representatives) are granted access to user-identifiable information. Furthermore, all employees are kept up to date on our security and privacy practices.

Please be advised, however, that although we have endeavored to create a secure and reliable Website for you, the confidentiality of any communication or material transmitted to/from this site cannot be guaranteed. You should also recognize that your use of the Internet and the Website is solely at your own risk. You agree that we have no responsibility or liability for the security of user-identifiable information transmitted via the Website or via the Internet in general.

Your IT Security Contact

We have appointed a Security & Privacy Officer responsible for ensuring that the protection of your personal information or other information collected is carried out in accordance with this Privacy Policy.

We regularly review our compliance with this Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

If you have questions or wish to send Customer Support comments about this Privacy Policy,

email support@esmsolutions.com. Or you may write us (using postal mail) at Suite 2500, Two Commerce Square, 2001 Market Street, Philadelphia, PA 19103, USA

A few more items and we’re done.

Transfer of Personal Information to Successor Organization

We reserve the right to transfer all information and data in our possession, custody, or control to a successor organization in the event of a merger, acquisition, reorganization, bankruptcy, or other sale of all or a portion of our assets. Any acquirer or successor organization will remain subject to the terms of this Privacy Policy.

Information Disclosed for Legal Matters

We also may disclose information we may have, identifiable or not, (i) as necessary to comply with a court order, subpoena, search warrant, or other legal process; (ii) to comply with legal, regulatory, or administrative requirements of any governmental authority; (iii) as necessary for the purpose of defending or bringing a legal action on our behalf, our subsidiaries and affiliates, and any officers, managers, directors, employees, attorneys, agents, contractors, and partners of the foregoing entities, in connection with any legal action, claim, or dispute; (iv) to enforce the Terms and Conditions of Use of the Website; (v) to prevent imminent physical harm; and (vi) in the event that we find that your actions on the Website violate any laws, our Terms and Conditions of Use, or any of our usage guidelines for specific products or services.

P3P Policy

All information contained within this Privacy Policy supersedes browser P3P Policy settings, which may have been set to insure maximum access to our software as a service applications, while at the same time maximizing the protection of our users. Only those representations presented here in writing will be honored; any changes, oral, or otherwise, will not be honored.

Retention and Disposal of Information

We retain your information as long as we determine it is required for the operation of our business and to meet legal, regulatory, and other requirements. We take reasonable steps to ensure that information is disposed of securely when we no longer require such data.

Changes to this Privacy Policy

It is our policy to post any changes we make to this Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting the Website and this Privacy Policy to check for any changes.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

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