Privacy Policy

This privacy policy was last updated on June 27, 2021

General

The Privacy Policy (the “Policy”), along with our Terms of Service (the “Terms”), describes the privacy practices of EssentialCapture Inc. regarding any personal information that you may provide to us or that we may receive from you. References in this Policy to “EssentialCapture“, “we”, “our” or “us” shall mean EssentialCapture Inc.

Please read this Policy carefully.

By accessing or using our website or Service as described in the Terms, you acknowledge and agree that you have read, understand and agree to be bound by the terms of this Policy on this website and Service. If you do not agree with this Policy, please do not use this website or Service.

We at EssentialCapture are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personal information collected by or submitted to us.

Below we explain in more detail how we process your personal information. For the purposes of this Policy, “personal information” means any information that relates to you and identifies you personally, either alone or in combination with other information available to us.

1. What information do we collect?

We collect personal information when:

  • you make purchases of products or services;
  • you register products online;
  • you request support for a product;
  • you request software downloads;
  • you create a user account (login user name and password);
  • you request information or materials (e.g., whitepapers or newsletters);
  • you participate in surveys and evaluations;
  • you participate in promotions, contests or giveaways;
  • you submit questions or comments to us.

The types of personal information collected include:

  • your first and last name;
  • your title and your company’s name;
  • your home, billing, or other physical address (including street name, name of a city or town, state/province, postal code);
  • your e-mail address;
  • your telephone number;
  • any other identifier that permits EssentialCapture to make physical or online contact with you;
  • any information that we collect online from you and maintain in association with your accounts, such as your username and your password;
  • any other information that you provide to us when using our website or Service or when you are communicating with us.

Non-personal technical information collected include:

  • the IP address;
  • your browser type and settings;
  • the operating system you use;
  • the web address or ULR you are on;
  • the date and time stamp you access the website or Service;
  • referring / exit pages;
  • domain names;
  • landing pages;
  • pages viewed;
  • cookies that may uniquely identify your browser;
  • mobile carrier;
  • mobile device identifiers;
  • the device you are using to access the website or Service;
  • the location of the device from which you are accessing the website or Service.

2. What do we do with the information we collect?

We will use your personal information for the following purposes:

  • To establish and fulfill a contract with you, for example, if you make a purchase from us or download an application. This may include verifying your identity, taking payments, communicating with you, providing customer services, and arranging the delivery or other provision of products or services;
  • To enable our business and pursue our legitimate interests as required by EssentialCapture. In particular:
  • we will use your personal information to provide services you have requested, and respond to any comments or complaints you may send us;
  • we may use personal information you provide to personalize our products or services for you;
  • we may use your personal information for market research and marketing purposes.
  • For compliance with applicable laws and protection of our legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims, compliance, regulatory, investigative purposes (including disclosure of such information in connection with legal process or litigation).
  • In addition, we will send you, based on your consent (if required), direct marketing communication in relation to our relevant products and services, or other products and services provided by us. You can withdraw your consent at any time (“opt out”); see the section “What are your rights?” below. In the case of electronic direct marketing, you can opt out by following the instructions in the communication.

We will use the technical information for the following purposes:

  • Maintain, provide, and improve the website and Service;
  • Respond to your requests for information;
  • Prevent or address technical or security issues;
  • Help us better understand user interests and needs, and customize the content and advertising you see on the website;
  • In accordance with applicable legal obligations, communicate with you about promotions, offers, and news about us in which you have the ability to unsubscribe from such promotional communications;
  • Engage in analysis and research regarding use of the website and Service;
  • Investigate in good faith alleged violations of our user Terms.

Who will we share your information with?

If necessary, to perform a service you request from us, to execute an order you have placed or to follow-up on your inquiries, we may share your information with third-party business partners. We will require that such third parties comply with this Policy, or operate under a similar privacy policy.

We (or any third party on our behalf) disclose or transfer personal information to others as follows:

  • To service providers that provide hosting services and technology service providers, business process outsourcing service providers, and call center service providers;
  • As required in order to establish, exercise or defend or to protect legal claims, including in relation to our contracts with our clients and in order to protect the rights, property or safety of us, our business, any affiliate, our customers or others, including to legal advisors, government and law enforcement authorities and with other parties involved in, or contemplating legal proceedings;
  • To competent regulatory, prosecuting, tax or governmental authorities, courts or other tribunals in any jurisdiction or markets, domestic or foreign, upon their request or in accordance with or as desirable in respect of any applicable law;
  • To any other third parties to the extent such disclosure is required under applicable law or to enable products and services to be provided to you and/or our clients;
  • Payment infrastructure providers and persons from whom we receive or to whom we make payments on your or our client’s behalf;
  • To prospective sellers or buyers as part of a sale or merger of our or any affiliate’s businesses or assets (subject to local laws).

How long do we store your information?

We retain information about you only for as long as we need it for the purposes for which it was collected. After that time your personal information will be erased (unless we have the statutory right or obligation to further keep this information).

For example, if you are a customer of EssentialCapture, we will keep your information for the duration of the contractual relationship you have with us, and, to the extent permitted, after the end of that relationship for as long as necessary to perform the purposes set out in this notice. The criteria to determine the storage period are statutory and contractual requirements, the nature of our relationship with you, the nature of the information concerned, technical necessities. Laws may require us to hold certain information for specific periods.

Where we process personal information for marketing purposes or with your consent, we process the information until you ask us to stop and for a short period after this (to allow us to implement your request). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your information so that we can respect your request in the future.

How do we protect your information?

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place technical and organizational measures to safeguard and secure the information we process from you.

What are your rights?

Your California Privacy Rights

California Online Privacy Protection Act of 2003 (CalOPPA)

The California Online Privacy Protection Act of 2003 (CalOPPA) is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this Policy.

According to CalOPPA we agree to the following:

Users can visit our website anonymously depend on how you set the options of your browser.

Our Policy page can be easily found on the homepage of our website.

Users will be notified of any privacy policy changes:

•     By posting notice on our Policy page

Users are able to change their personal information, if any:

•     By emailing us

How does our site handle “Do Not Track” signals?

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third party behavioral tracking?

We do not allow third party behavioral tracking.

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

Third party links

We do not include or offer third party products or services on our website.

California Consumer Privacy Act of 2018

If you are a California resident, under the California Consumer Privacy Act of 2018 (CCPA), specific disclosures are required and California residents have additional rights regarding their personal information.

  • (a) Right to access: You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information’s source, purpose and period of processing, and the persons to whom the information is shared.
  • (b) Right to rectification: You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you to our database.
  • (c) Right to erasure: You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.
  • (d) Right to restriction of processing: You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
  • (e) Right to information portability: You have the right to transfer your information to a third party in a structured, commonly used, and machine-readable format, in circumstances where the information is processed with your consent or by automated means.
  • (f) Right to object: You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing.

If you are located in the European Union, EssentialCapture is the data controller with respect to the processing of your personal information pursuant to the EU General Data Protection Regulation (“GDPR”). The GDPR provides similar data protection of users to the CCPA as the latter was inspired by the former.

California’s “Shine the Light” law of 2003

The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us. Residents who provide personal information in obtaining products or services for personal, family or household use, are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses.

We do not share your personal information with third parties for their own direct marketing purposes.

Children’s Online Privacy Protection Act of 1998 (COPPA)

The Children’s Online Privacy Protection Act of 1998 (COPPA) puts parents in control of the collection of personal information from children under 13 online and to protect them from online services and operators. The Federal Trade Commission, the nation’s consumer protection agency, enforces the federal COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

CAN-SPAM Act of 2003

The Controlling the Assault of Non-Solicited Pornography And Marketing of 2003 (CAN-SPAM Act) is a federal law that sets the rules for all commercial emails, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to: reply to your questions on our products and services, content of the website, and other related questions.

To be in accordance with CAN-SPAM we agree to the following:

If at any time you would like to unsubscribe from receiving future emails, you can email us at info@essentialcapture.net, and we will promptly remove you from all correspondence.

These rights may be limited in some situations, for example, where we can demonstrate that we have a legal requirement to process your information. In some instances, this may mean that we are able to retain information even if you withdraw your consent.

Where we require personal information to comply with legal or contractual obligations, then provision of such information is mandatory. If such information is not provided, then we will not be able to manage our contractual relationship, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.

We hope that we can satisfy queries you may have about the way we process your information. If you have any concerns about how we process your information, you can contact us at info@essentialcapture.net. When addressing us, please always provide your name, address, and/or email address as well as information about your request.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Changes to this privacy policy

EssentialCapture has pledged to adhere to the fundamental principles of privacy and data protection. We therefore regularly review this Policy in order to ensure that it is free of errors and clearly visible on our website and Service, that it contains appropriate information about your rights and our processing activities, and that it is implemented and is compliant with applicable law.

We may update this Policy from time to time to keep it up to date, to keep pace with new developments and opportunities relating to the Internet and to stay in line with applicable law. If we make significant changes to this Policy, we will inform you by posting a notification on the website along with an updated version of the Policy.

Choice of opt-out

We provide all users with the option and choice of opting-out of receiving certain third-party services, if any, and/or EssentialCapture in general, at any time by email us.

Contacting us

If you have any questions about this Policy, please contact us at info@essentialcapture.net.

Disclaimer

We shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning you, if the same is either (a) required under applicable law, to comply with legal process, to pursue available remedies; to enforce our Terms or (b) was affected through no fault, act, or omission of us.