1. Personal Data We May Collect About You
We will collect various types of personal data about you for the purposes described in this Policy, including:
Contact information (such as your name, birthday, nationality, email address, postal address, telephone number and any other personal data) that you provide by completing forms on the Website, including if you subscribe to our newsletter and register and create an account on the Website;Details of any transactions made by you;Personal data that may be contained in communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Website or its content;Information from surveys that we may, from time to time, conduct on the Website for research purposes, if you choose to respond to, or participate in, them;Credit/debit card information, which is considered to be sensitive personal data in certain countries such as Mexico; and.Personal information collected from third parties, such as data that you agree to share with us on publicly accessible social networks (e.g., Facebook, Instagram, etc.) and/or that we may collect from other publicly accessible databases.
You are under no obligation to provide any such information. Providing your personal data to us (in particular, your personal details, your email, your address, your credit/debit card numbers and bank code and your telephone number) is necessary for processing your order for the purchase of products on our website, supplying other services provided on our website upon your request, or when your personal data is needed to fulfill obligations required by law or regulations. The refusal to provide us with any personal data necessary for performing the above purposes may consequently prevent us from processing your order for the purchase of products sold on our website or fulfilling obligations required by law and other regulations. Therefore, failure to provide personal data may constitute, in some cases, a legitimate and justified reason for not processing your order for the purchase of products sold on our website or not providing our website’s services.
Disclosure of further personal data to us other than that required for fulfilling legal or contractual obligations and to properly browse our services with necessary traffic data is, on the contrary, optional and does not have any effect on the use of our website and of its services or on the purchase of products on our website. We will inform you at every step whether disclosing your personal data to us is required or optional by marking with an appropriate symbol (*) the information that is required or data needed for the purchase of products and/or for the provision of requested services on our website.
2. Minimum Age
Protecting the safety and privacy of children is very important to us. We will not knowingly collect or use personal data from anyone under the age of sixteen (16) years, or any other age limit sets out by the law of his/her country of residence. By registering on the Website, you confirm that you have reached the age of majority in your country of residence.
3. Use Made of Your Personal Data
Whenever we process your personal data, we do so on the basis of a lawful "justification" (or legal basis) for processing. In the majority of cases, the processing of your personal data will be justified on one of the following bases:
processing is necessary to perform a contract with you or take steps that you have requested in order to enter into a contract (e.g., sale contract);processing is necessary for us to comply with a legal obligation;processing is in our legitimate interests as a business, and our interests are not overridden by your interests, fundamental rights or freedoms. Our legitimate interests may include our interest in using customer and Website user personal data to conduct and develop our business activities (including by carrying out standard marketing activities) ,with current and potential customers and website users; and in establishing, exercising or defending legal claims; orprocessing is based on your prior explicit consent, such as segmented and customized marketing activities.
4. Disclosure of Your Personal Data
We may disclose your personal data to any of our affiliate companies, or to our service providers who have a legitimate interest in receiving your personal data, specifically and exclusively in order to assist us in providing the services we offer, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data, providing support services or in performing other tasks, from time to time.
For the avoidance of doubt, we will get your express opt-in consent before we share your personal data with any third party company other than ESQ and affiliates for marketing purposes.
Your personal data will be accessible by authorized personnel of ESQi and affiliated companies, and service providers acting on our behalf on a need-to-know basis.
We may also share your personal data with third parties in connection with potential or actual sale or restructuring of our company or any of our assets, or those of any associated company, in which case personal data held by us about our users may be one of the transferred assets.
We will also respond to requests for personal data where required by to do so by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on us.
We have adopted security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access. For the best possible protection of your personal data outside the limits of our control, your device should be protected (such as by updated antivirus systems) and your internet service provider should take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).
While we take reasonable steps to protect your personal data, we cannot guarantee that the personal data you disclose to us will be 100% secure.
You accept the inherent security implications of dealing on-line over the Internet and will not hold ESQ of its affiliates or their processors responsible for any data breach unless it is due to our negligence.
6. Retention of Your Personal Data
Our general approach is to retain your personal data only for as long as required to fulfil the purposes for which it was collected. We generally retain your personal data for three years from the end of our relationship or from the last contact from you, unless local law requires otherwise. However, in some circumstances we may retain personal data for longer periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements.
In specific circumstances we may also retain your personal data for longer periods of time corresponding to the applicable statute of limitations so that we have an accurate record of your dealings with us in the event of any complaints or challenges.
7. Your Rights
You have the following rights with respect to your personal data:
Right to withdraw consent - where applicable, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change your settings in your account on the Website, use the 'unsubscribe' link provided in our emails or text the STOP number in our SMS, or otherwise contact us directly and we will stop sending you communications.Right of access, rectification and erasure - you have the right to request access to and obtain a copy of any of your personal data that we may hold, to request correction of any inaccurate data relating to you and to request the deletion of your personal data under certain circumstances. You can see and update most of this data yourself online, or by contacting us.Right of data portability - Under certain conditions, you have the right to receive all such personal data which you have provided to us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.Right to restriction of processing - you have the right to restrict our processing of your personal data where:you contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy;the processing is unlawful but you do not want us to erase the data;we no longer need your personal data for the purposes of the processing, but you require such data for the establishment, exercise or defense of legal claims; oryou have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether we have overriding compelling legitimate grounds to continue processing. Where personal data is subject to restriction in this way, we will only process it with your consent or for the establishment, exercise or defense of legal claims, in accordance with local legislation.Right to object to processing justified on legitimate interest grounds- where we are relying upon legitimate interest to process personal data, then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a justification for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.Right to object to processing for marketing purposes - where we process personal data for direct marketing purposes, then you have the right to object to that processing at any time.
Information for California Residents
CALIFORNIA CONSUMER PRIVACY STATEMENT
Effective: January 1, 2020
This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).
1. Notice of Collection and Use of Personal Information
We may collect the following categories of personal information about you:
Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, driver’s license number, passport number, and other similar identifiersAdditional Data Subject to Cal. Civ. Code § 1798.80: signature, physical characteristics or description, state identification card number, insurance policy number, education, bank account number, credit card number, debit card number, and other financial information, medical information, and health insurance informationProtected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status, and military and veteran statusCommercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendenciesBiometric InformationOnline Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisementsGeolocation DataSensory Information: audio, electronic, visual, thermal, olfactory, and similar informationEmployment Information: professional or employment-related informationInferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction;Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;Debugging to identify and repair errors that impair existing intended functionality;Undertaking internal research for technological development and demonstration; andUndertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
2. Our Prior Collection, Use and Disclosure of Personal Information
We may have collected and used your personal information, as described in Section 1 above, during the 12-month period prior to the effective date of this California Consumer Privacy Statement. For the personal information collected during that timeframe, we describe below: (a) the categories of sources from which we may have obtained the personal information, (b) the categories of third parties with whom we may have shared the information, (c) the categories of personal information we may have sold, and (d) the categories of personal information we may have disclosed for a business purpose.
a. Sources of Personal Information
We may have obtained personal information about you from various sources, including:
Directly from you, such as when you contact us directly or make a purchase;From your devices, such as when you visit our websites;Your family or friends, such as when they provide us with your contact information, so we can send information that may interest you;Our affiliates and subsidiaries;Our business partners;Vendors who provide services on our behalf;Social networks;Online advertising companies;Government entities; andConsumer data resellers (for example, in connection with online advertising).
b. Sharing of Personal Information
We may have shared your personal information with the following categories of third parties:
Our affiliates and subsidiaries;Vendors who provide services on our behalf;Professional services organizations, such as auditors and law firms;Our joint marketing partners;Our business partners;Advertising networks;Internet service providers;Data analytics providers;Government entities;Operating systems and platforms;Social networks; andConsumer data resellers (for example, in connection with online advertising).
c. Sale of Personal Information
We do not sell your personal information in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your personal information via automated technologies on our Sites in an effort to serve you content and advertisements that may be of interest to you. You have the right to opt out of this disclosure of your information for online interest-based advertising purposes, as detailed below. During the 12-month period prior to the effective date of this California Consumer Privacy Statement, we may have disclosed in this manner the following categories of personal information: Identifiers; Commercial information; Online Activity; and Inferences.
d. Disclosure of Personal Information for a Business Purpose
We may have disclosed to third parties the following categories of personal information for a business purpose: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Biometric Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
3. California Consumer Privacy Rights
Effective January 1, 2020, you have certain choices regarding your personal information, as described below.
Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected about you during the past 12 months and details regarding our collection, use, disclosure and sale of such information. To submit an access request,click hereor call us at + 1 646 889 1945.Deletion: You have the right to request that we delete certain personal information we have collected from you. To submit a deletion request,click hereor call us at + 1 646 889 1945.Opt-Out of Sale: You have the right to opt-out of the sale of your personal information. Please note that we will still share your information in ways that are not a “sale,” such as with our service providers, for our own online advertising purposes. For information about how to manage cookies and opt out of online interest-based advertising, please review your browser settings. Your opt-out of interest-based advertising on your browser will be specific to the web browser or device you use at the time you exercise your opt-out rights; if you use multiple web browsers or devices, you will need to opt-out from each browser and device. Opting-out of the use of your information for interest-based advertising purposes does not mean you will stop seeing ads, including interest-based ads, and information that was collected prior to 90 days before your opt-out request may be further used for interest-based advertising purposes.Shine the Light Request: You also may have the right to request that we provide you with a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, as well as the identity of those third parties. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: email@example.com. Please allow up to thirty (30) days for a response.
Verifying Requests: To help protect your privacy and maintain security, we will take steps and may require you to provide certain information to verify your identity before granting you access to your personal information or complying with your request. In addition, if you ask us to provide you with specific pieces of personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make an access, deletion or opt-out of sale request on your behalf (a) we may require you to provide the authorized agent written permission to do so, and (b) for access and deletion requests, we may require you to verify your own identity directly with us. Additional Information: If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. This Statement is available in alternative formats upon request. Please email firstname.lastname@example.org + 1 312 757 8500 to request this Statement in an alternative format.
8. Changes to this Policy
We may occasionally change this Policy, for example, to comply with new requirements imposed by the applicable laws or technical requirements. We will post the updated Policy on the Website. We may also notify you in case of material changes and seek your consent to those changes, where required by applicable law. You are thus encouraged to periodically review this page.