Privacy Notice

Privacy Notice & Your Privacy Rights

Essert Inc.  collects information through our website, products, and other interactive properties through which our services are delivered. We are committed to protecting the personal information we collect about you, and we take reasonable precautions to safeguard its confidentiality. This Privacy Notice describes the categories of information we collect, the purpose of such collection, the sources of information collection, and the categories of third parties we share information with. For more details regarding your personal information please review our detailed Privacy Notice below.

Personal information we collect:

We collect information when you engage with certain parts of the Services. We collect the following categories of personal information:

Purpose(s) of information collection:

The information we collect may be used for several purposes including:

Sources(s) of information we collect:

Our primary source of information collection is directly from you.  In addition, we may collect certain personal or non-personal information using other sources, including:

Categories of third parties we share information with

We may share information we collect with the following categories of 3rd parties:

Your Privacy Rights:

The detailed Privacy Notice provides more information regarding your rights, but, as a resident of the United States, you have certain rights regarding your personal information, which can be exercised as described in the detailed Privacy Notice.  Those rights include the right to request:

• The categories of personal information collected about you.
• The categories of sources for the personal information collected about you.
• The business or commercial purpose for collecting your personal information.
• The categories of third parties with whom your personal information was shared.
• The specific pieces of personal information collected about you.
• If your personal information was disclosed for a business purpose, the personal information categories disclosed and the categories of third parties to which the information was disclosed.
• If your personal information was sold in the past 12 months, the personal information categories sold and the categories of third parties to which the information was sold. 
• Deletion of your personal information.
• Not be subject to discrimination based on exercising your rights.

Contact Us

If you have any questions in relation to this policy or how we collect, use, store, or share your data, you can contact us at:  support@essert.io .

DETAILED PRIVACY NOTICE 

Essert Inc.  services, including (without limitation) our website and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by Essert Inc.  (referred to in this Privacy Notice as “Essert Inc.” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that Essert Inc. may collect, how Essert Inc. uses and safeguards that information, and with whom we may share it.

THIS SERVICE IS OFFERED FROM UNITED STATES (“US”), IN PARTICULAR, IT IS NOT INTEDED FOR USE IN THE EUROPEAN UNION (“EU”). For individuals located outside of the US, please note that Essert Inc. is a US-based entity. If you use the Service, all information, including Personal Information, will be transferred to Essert Inc. in the US and used as described in this Notice.

Essert Inc. encourages our customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to Essert Inc. by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that Essert Inc. may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (the “Terms of Service”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS OF SERVICE, PLEASE DO NOT USE ANY OF THE SERVICES.

What personal information do we collect about you?

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

The personal information that we collect directly from those registering for the Service includes the following categories: 

When providing personal information to Essert Inc. as described in this Notice, that personal information is collected directly from you, and you will know the precise personal information being collected by us. 

Please note that you should not submit to Essert Inc. any sensitive personal information relating to your (i) social security, driver's license, state identification card, or passport number; (ii) account log-In, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (iii) precise location; (iv) racial or ethnic origin, religious or philosophical beliefs, or union membership; (v) the contents of your mail, email and text messages, unless we are the intended recipient of the communication; (vi) genetic data; (vii) biometric information for the purpose of uniquely identifying you; (viii) personal information about your health; or (ix) personal information concerning your sex life or sexual orientation; unless you have previously sent to us your written consent that we may process such personal information, if Essert Inc. determines consent to be a requirement of applicable law. If you provide such sensitive personal information to Essert Inc., that personal information will be promptly deleted.

Collection of User Generated Content

We may invite you to post content on the Service, including your comments and any other information that you would like to be available on the Sites, which may become public (“User Generated Content”). If you post User Generated Content, all of the information that you post will be available to authorized personnel of Essert Inc.. You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement or content publicly on the Service.

What are the sources of personal information collected by Essert Inc.?

When providing personal information to Essert Inc. as described in this Privacy Notice, that personal information is collected directly from you, and you will know the precise personal information being collected by us. Essert Inc. does not collect personal information from any other sources, except where it may automatically be collected as described in the section titled “Cookies, Device Data, and How it is Used,” if the information in that section is considered personal information.

In certain limited circumstances, third-party service providers may collect information on behalf of Essert Inc., though such collection will always be within the context of the Services. Essert Inc. may also automatically collect certain information as described in the section titled “Cookies, Device Data, and How it is Used,” the degree to which the information in that section is considered personal information. In particular, we may collect personal and non-personal information through the following additional channels:

Why does Essert Inc. collect your personal information?

Subject to the terms of this Privacy Notice, Essert Inc. uses the above-described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

• to respond to your requests;
• to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;
• as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;
• to send to you Essert Inc. solicitations, product announcements, and the like that we feel may be of interest to you (you may “opt-out” of receiving these marketing materials);
• in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary.

Essert Inc. does not sell, re-sell, or distribute for re-sale your personal information.

How does Essert Inc. share your Personal Information with third parties?

We may provide any of the described categories of personal information to Essert Inc. employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice. Third parties receiving personal information may include:

• Third-party vendors or service providers providing crucial services and necessary to provide the Services;
• Business partners, contractors, channel partners, or other affiliated entities;
• Government agencies or other parties in response to legal process or other requests, where permitted by law.

We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Website Terms of Use , protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Services, or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal processes, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.

Direct Marketing Communications

We may communicate with you using email, SMS, and other channels (sometimes through automated means) as part of our effort to market our products or services, administer or improve our products or services, or for other reasons stated in this Privacy Notice. You have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by submitting a request through the following form DSAR Intake Form , or by using the UNSUBSCRIBE link in any email communication you may have received. Further, you may express you communication preferences by:

• Noting your preferences at the time you register your account with the Site [or our mobile application];
• Logging into your account settings and updating your preferences;
• Contacting us using the contact information provided below

Please note that you may continue to receive non-marketing communications as may be required to maintain your relationship with Essert Inc.

In addition to the communication described here, you may receive third-party marketing communications from providers we have engaged to market or promote our products and services. These third-party providers may be using communications lists they have acquired on their own, and you may have opted-in to those lists through other channels. If you no longer wish to receive emails, SMSs, or other communications from such third parties, you may need to contact that third party directly.

Retention of Data

Essert Inc. will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Essert Inc. will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Sites and/or Portals, or we are legally obligated to retain this data for longer periods.

Cookies, Device Data, and How it is Used

When you use our Service, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the Service, and your network location. Essert Inc. uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Specifically, we may automatically collect the following information about your use of Service through cookies, web beacons, and other technologies: 

• domain name
• browser type and operating system
• web pages you view
• links you click
• IP address
• the length of time you visit the Sites, Portals, and/or Services
• the referring URL or the webpage that led you to the Sites

We may also collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. In some circumstances, we may combine this information with personal information collected from you (and third-party service providers may do so on behalf of us). 

In addition, we may use "cookies," clear gifs, and log file information that help us determine the type of content and pages to which you link, the length of time you spend at any particular area of the Service, and the portion of the Service you choose to use. A cookie is a small text file that is sent by a website to your computer or mobile device where it is stored by your web browser. A cookie contains limited information, usually a unique identifier and the name of the site. Your browser has options to accept, reject or provide you with notice when a cookie is sent. Our cookies can only be read by Essert Inc.; they do not execute any code or virus; and they do not contain any personal information. Cookies allow Essert Inc. to serve you better and more efficiently, and to personalize your experience with the Service. We may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Service, and to deliver content (which may include third party advertisements) specific to your interests.

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on the Service. We may permit these service providers to use cookies and other technologies to perform these services for Essert Inc.. We do not share any personal information about our customers with these third-party service providers, and these service providers do not collect such personal information on our behalf. Our third-party service providers are required to comply fully with this Privacy Notice.

California Privacy Rights

If you are a resident of the state of California you may have certain rights with regard to your personal information are established under the California Consumer Privacy Act (“CCPA”), as replaced by the California Privacy Rights Act (“CPRA”) as of January 1, 2023. These rights may include confirmation and access, the right to know about selling or sharing, correction or deletion, data portability, limitations on use and disclosure, or the right to opt-out of selling or sharing.

Throughout this Privacy Notice you will find the information required by California law regarding the categories of personal information collected from you, the purposes for which we use personal information, and the categories of third parties your data may be shared with. This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.

While Essert Inc. is not currently subject to these state laws, Essert Inc. is committed to supporting your rights with regard to your personal information as well as fulfilling Essert Inc.’s commitment to any California-based partners or businesses.

As a resident of California, you may make inquiries regarding your personal information. Specifically, the degree to which this information is not already provided in this Privacy Notice, you have the right to request disclosure about the collection and use of your personal information over the past 12 months, including:

• The categories of personal information collected about you.
• The categories of sources for the personal information collected about you.
• The business or commercial purpose for collecting your personal information.
• The categories of third parties with whom your personal information was shared.
• The specific pieces of personal information collected about you.
• If your personal information was disclosed for a business purpose, the personal information categories disclosed and the categories of third parties to which the information was disclosed.
• If your personal information was sold in the past 12 months, the personal information categories sold and the categories of third parties to which the information was sold. 

Essert Inc. does not sell, re-sell, or distribute for re-sale your personal information. 

You may have the right to request that any of your personal information collected and retained be deleted, subject to certain exceptions. Essert Inc. will inform you of such exceptions in its response to your request. If Essert Inc. is selling, re-selling, or otherwise distributing your personal information in exchange for monetary compensation, advertising, or other purposes, you may have the right to opt-out or limit such sales or disclosures. Finally, you have the right to not receive discriminatory treatment by Essert Inc. or any business for exercising any of the rights provided under your state law

If we receive a request from you, we will first make a determination regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by Essert Inc. and/or contacting you through previously used channels to confirm that you submitted the request (i.e. confirming identity through contact information that we have on file, not the contact information submitted to make the request). Essert Inc. will respond to your request within 45 days. If for any reason your request is denied, Essert Inc. will provide a “no action” explanation within the 45-day period.

You may submit a request regarding your rights under CCPA by submitting a request through the following form DSAR Intake Form  or by contacting us at one of the following: 

3140 De La Cruz Blvd, Santa Clara, CA 95051 

408.313.9877 

support@essert.io .

As a resident of the State of California, you may make these requests twice in a 12-month period, free of charge. Essert Inc. may charge a reasonable fee for any request that exceeds this limitation. Further, Essert Inc. may charge a reasonable fee or deny any requests that are manifestly unfounded and excessive. 

Your rights as stated here can also be exercised by an authorized agent on your behalf. Essert Inc. will follow the standards set by the Attorney General of California regarding the designation of an authorized agent to exercise rights under CCPA or CPRA. You may review information available through from the Attorney General regarding how an individual can be designated as an authorized agent under CCPA or CPRA.

In addition to CCPA and CPRA, California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as described here.

International Data Transfer

If you are located outside the United States, in particular if you are located in Switzerland, the United Kingdom, or the European Economic Area (“EEA”), please note that we and our servers are located in the United States. Any information that you provide to us may be transferred to and processed in the United States or other countries around the world where we do business. Although this may include recipients of information located in countries where there may be a lower level of legal protection for your personal information than in your country, we will protect your information in accordance with requirements applicable to the law in your particular jurisdiction and take steps to only share with third parties that offer similar protection. By using our Service, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.

European Union Data Privacy Rights

If you are located in the EEA, the General Data Protection Regulation (“GDPR”) grants you certain rights under the law. In particular, the right to access, correct, and delete the personal information we hold about you. Essert Inc. will retain your personal information for the length of time you engage with our services as described in the retention section of this Notice, until you request deletion of such personal information.

In certain circumstances, you have the following data protection rights:

• The right to access, update, or delete the personal information we have on you.
• The right of rectification. You have the right to have your personal information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your personal information.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the personal information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

In order make a request regarding your personal information, please contact DSAR Intake Form .

If you have a comment, question, or complaint about how we are handling your personal information, we hope that you contact us at support@essert.io  in order to allow us to resolve the matter. In addition, if you are located in the EEA, you may submit a complaint regarding the processing of your personal information to the EU data protection authorities (each a “DPA”). The following link may assist you in finding the appropriate DPA: https://ec.europa.eu/newsroom/article29/items/612080/en.

Legal Basis for Processing under GDPR

If you are located in the EEA, our legal basis for collecting and using the personal information described in this Notice depends on the personal information we collect and the specific context in which we collect it.

We may process personal information because:

• We need to perform a contract with you;
• You have given us consent to do so;
• The processing is in our legitimate interest to offer the Service, when that legitimate interest is not overridden by your rights;
• To comply with the law.

Where personal information is processed based on consent, EU residents have the right to withdraw such consent at any time. To do so, please contact us as described in this Notice. If there is a different legal basis that would permit us to continue processing your personal information after withdrawing consent, we will notify you of that legal basis at the time of your request.

Third Party Advertisers

We may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Service. These third-party ad servers or ad networks use technology to send, directly to your device, the advertisements and links that appear on the Service. They automatically receive your device ID and IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This Privacy Notice does not apply to them, and we cannot control their activities.

Information Storage and Security

We employ industry-standard and/or generally accepted security measures designed to secure the integrity and confidentiality of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. 

Users of the Service are responsible for maintaining the security of any password, user ID or other forms of authentication involved in obtaining access to password-protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the services, without notice, pending an investigation, if any breach of security is suspected.

External Links

The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and Essert Inc. is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information. 

You hereby acknowledge and agree that Essert Inc. is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release Essert Inc. from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

Children’s Privacy

The Service is not intended for children under the age of 18, and Essert Inc. does not knowingly collect the personal information of children under the age of 18. 

Changes to this Privacy Notice

Essert Inc. reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, Essert Inc. will post the revised Notice on our website.

Contact Us

If you have any questions or comments about this Privacy Notice or the Service provided by Essert Inc., please contact us at: 3140 De La Cruz Blvd, Santa Clara, CA 95051 , support@essert.io  and <span class="ck-editor-macro-placeholder macro-prop-value" contenteditable="false" data-id="b9d40ce3-bc00-4a