Privacy Policy

1. Applicability Of This Privacy Policy

Essential Personnel, Inc. ( “EP” or “we” or “our” “us”) share your concerns about the privacy of personal information collected on our websites or related applications.   Accordingly, this Privacy Policy (“Policy”) describes how we collect, use and disclose information when you:

• interact with our websites, including without limitation https://essper.com/  or (“Sites”) or 
• interact with us in other ways, such as through your participation in events, community rooms, visits to our premises, phone calls, emails, physical mail, job applications or other interactions with us, (“Other Services”) or
• use any of our SaaS-based/cloud-services products and services, our hardware and software products, our professional services and all other commercial subscription services, as more fully defined in the EP Terms and Conditions of Service for our Customers (“Subscription Services”).  

Sites, Other Services and Subscription Services are collectively “Services”. 

Your use of any of our Services is subject to the provisions of this Policy.   If required by applicable law, we will provide separate or additional notices at the time of collection.  

For purposes of this Policy, the terms “user,” “you,” and “your” are meant to refer to the individuals (including individual personnel of Customers or prospective Customers) about whom we may collect Personal Data, and at times may be used within this Policy.  

“Customer” refers to the entity that purchases/uses our Subscription Services and its employees or agents who act on its behalf.  

“Customer Personal Data” is Protected Personal Data collected by a Customer about their own customers, employees, agents or other third parties.

“Personal Data” means Protected Personal Data collected by EP, excluding Customer Personal Data.

“Protected Personal Data” means information that is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection laws.    

“You” or “User” means an identifiable natural person whose information is protected as personal data under applicable data protection laws, and who may be an employee or agent of a Customer, a visitor to our Sites, or interacts with us in other ways.

By visiting or using our Services, or reading this Policy, you are deemed to have agreed to the provisions of this Policy.  If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.  

Customer Personal Data
‍Our Customers collect and manage Customer Personal Data when using our Services, including our Subscription Services, which are services that a Customer has subscribed to under our Terms and Conditions of Service and which are developed, operated and maintained by us as well as any other ancillary products and services, including hosting.  

Our Customers are the data controller for such Customer Personal Data, and EP is the data processer and is processing such Customer Personal Data on behalf of the Customer.  As a data processor of Customer Personal Data, EP acts solely under the direction of such Customer.  Accordingly, our Customers, as data controllers, are responsible for complying with any laws or regulations that require providing notice, disclosure or obtaining consent prior to collecting Customer Personal Data using the Subscription Services, and our policies and procedures require us to instruct to redirect you to the Customer.

2. Personal Data We Collect

We collect the following categories of data through our Services as a data controller, which may contain Personal Data:

Data We Collect Directly from You:  

• Contact And Other Information.  If you create an account through our Services, engage with us through our webinars or other marketing opportunities, purchase or use our Subscription Services, request support and maintenance for our Subscription Services, refer someone to us or are referred to us, or otherwise contact us or use our Services in any way, we collect contact information from you and the company that you represent (e.g., your name, title or rank, position, organization, address, email address, phone number, etc.), in addition to the content in any attachments or additional information you may have included in your communication.  

Data We Collect from Your Use of Our Services

• Usage Data from Subscription Services.  We collect certain usage data from the use of our Subscription Services (“Usage Data”), which consists of (a) log in data, (b) metadata collected or produced during the course of providing Subscription Services containing source and destination IP addresses; (c)  statistical data about the functioning of the products or Customer’s use of Subscription Services, and (d) to the extent that Customer’s network environment has unique naming conventions or configurations, the Usage Data could potentially include Personal Data.  
• Geolocation Data.  We collect certain information about your device’s location through IP addresses.
• Cookies and other Technologies from Sites.  We automatically collect data from the use of our Sites through “cookies” and other technologies which may be stored on your computer to track and collect certain data, usage patterns, user behavior and other information from our Services.  For more information, see our “Cookie Notice”

Data We Collect About You from Third Parties 

• From Third Parties.  We may receive data about you or your organization, industries, lists of companies that are our Customers or prospective customers, website visitors, marketing campaign recipients and others (including that of individuals associated with such entities) related to our business from parent corporation(s), affiliates and subsidiaries, channel partners, service providers, vendors, or through publicly available information. 

You are not required to provide any Personal Data to EP but if you do not provide certain Personal Data to us, you may not be able to use our Services and we may not be able to authenticate or assist you with your inquiries or requests.

3. How We Use Personal Data

We use Personal Data for the following purposes to:

• Provide, update, maintain, audit, improve and protect our Services and business;
• Provide customer service, maintenance and support;
• Response to requests, comments and questions by you;
• Provide and facilitate the delivery of Services;
• Notify you of changes to Services and to send you related information, such as invoices, technical notices, updates, security alerts, training and support and other administrative communications;
• Maintain your or the Customer’s account;
• Provide billing, account management and other administrative functions;
• Detect, investigate, protect against and prevent security issues, including through malicious, fraudulent, illegal or other similar activity; 
• Comply with verification and fraud prevention laws and requirements;
• Detect bugs, repair and report errors and perform activities to maintain the quality or safety of our Services;
• Develop and send you marketing, sales and promotional communications (where this is in accordance with your marketing preferences);
• Send out electronic newsletters and to enable users to participate in polls, surveys, etc.
• Display and measure engagement with advertisements across different devices and sites;
• Communicate with you about our events or our partner events, including webinars and demos;
• Conduct internal research for technological development and demonstration;
• Use for short-term transient purposes, such as to test or customize new content for our Services;
• Process your information for other legitimate business purposes, such as customer surveys, data analysis, audits, collecting and assessing feedback, identifying usage trends, determining the effectiveness of our marketing campaigns and to evaluate and improve our products, services, marketing and customer relationships.
• communicate with you through email and text messaging (SMS/MMS) to inform you of new products, important industry and company news, information about our Services, unless you opt out of such communications
• create de-identified data, including through aggregation or anonymization 

4. How We Share and Disclose Personal Data. 

‍We do not share Personal Data with third parties other than as follows:  

• Upon your instruction;
• Internally within our organization;
• With our third party service providers and advertising partners such as Google Analytics or Hubspot to assist us analyzing usage trends with our Services, who may use this data as part of their own Services, unless you have opted out of Google Analytics https://tools.google.com/dlpage/gaoptout
• To our third-party service providers and business partners such as system integrators, distributors, resellers and channel partners, so they can provide you with information you have requested about one of our Services, or to follow up on a sales lead;  
• To our third-party vendors and service providers, who act on our behalf and instruction to fulfill Services obligations, provide IT, provide billing and corporate functions,  process data, prevent fraud,  and to fulfill other purposes such as marketing and advertising;
• To a prospective or actual purchaser or seller in the context of a merger, acquisition or other reorganization or sale of our business or assets;
• As required by applicable law, including, without limitation, in response to any government or regulatory agency request, to cooperate with law enforcement investigations, or upon receipt of any court order;
• To comply with laws or to respond to lawful requests and legal process, to protect our rights and property and that of our agents, customers, members and others including to enforce our agreements, policies and terms of use or in an emergency to protect the personal safety of any person;
• In order to protect any individual’s vital interests, but only where we believe it necessary in order to protect the vital interests of any person.

Please note that we may provide links to other third-party sites and services that are outside our control and not covered by this Policy.  We encourage you to learn about the privacy practices of those third parties.  

5. How Long Do We Keep Your Personal Data? 

We generally retain Personal Data for as long as needed for the specific business purpose or purposes for which it was collected.  In some cases, we may be required to retain Personal Data for a longer period of time based on laws or regulations that apply to our business or for other necessary business purposes. When the purposes of processing are satisfied, we will delete or depersonalize your personal data within a reasonable time period.

6. Your Choices Regarding Commercial Email Marketing and other Communications

If you are receiving our commercial email communications and no longer wish to receive them, please click on the “opt-out” link in the communication or please contact us at info@essper.com.  Please note that even if you opt out from receiving marketing emails, we may still send you non-marketing emails, which include emails about your account with us and in connection with your use of the Services.  For information about Cookies, please see Section 2.

7. Your Rights Regarding Personal Data

Some jurisdictions, including the State of California [hyperlink to California provisions]  provide you with certain rights regarding your Personal Data, such as the right to access, correct, update, or request deletion of certain Personal Data or to receive copies of certain personal information.  In the event that you are in such a jurisdiction that provides you with such rights, please contact us to manage your choices at: Essential Personnel, LLC, P.O. Box 10506, Wilmington, NC 28404 or our number:  910-390-0011.  

If you are seeking to exercise rights regarding any Customer Personal Data, such request should be directed to the Customer.  In the event that we receive a request regarding Customer Personal Data we shall redirect your request to the Customer. 

We may need to verify that the information you submit (which may include first name, last name, email address, company, and country/state) matches our records before we fulfill any request. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  

8. Security of Personal Data‍

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we implement physical and technical measures designed to protect your Personal Data from unauthorized access, use or disclosure.  

9. Age Limitations

Services are not intended for use by anyone younger than 18 years old. If you learn that anyone younger than 18 has used our Services or provided us with Personal Data, please contact us and we will take steps to delete such Personal Data.

10. International Users‍

Our Services are offered in the United States only.  If you are visiting or using our Services from outside of the United States, please be aware that your personal data may be transferred to, and processed in, a jurisdiction other than the country in which you are resident.  The data protection laws of these jurisdictions may or may not be as comprehensive or protective as those in your country.  

11. Privacy Notice for California Residents

Effective Date: April 17, 2023

This Privacy Notice for California Residents (“Notice”) supplements the information contained in the Policy and applies to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018, as amended (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” or certain sharing that may be occurring, and to not be discriminated against for exercising these rights.

EP does not sell or share (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). Further, EP does not provide financial incentives or discounting in exchange for your personal information.  Please note that we do use cookies as further described in our Cookie Notice.

Categories of Personal Information We Collect and Share. The categories of personal information we have collected over the last 12 months about you and the third parties with whom we share that personal information for a business purpose are as follows: 

Sources of Personal Information

The sources from which we collect personal information are described in Section 2 above, Personal Data We Collect.

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the scope of the CCPA.

Purposes for Collecting Personal Information

We collect personal information identified in the lists above to communicate with you, for marketing and promotional purposes, to provide and improve our services and other purposes as described in Section 3 above, How We Use Personal Data.

California Consumer Rights

California law gives California residents the right to make the following requests with regard to certain information we collect about them, at no charge:

• The right to request a copy of personal information we collected or disclosed for a business purpose in the past 12 months, two times, every 12 months;
• The right to request deletion of personal information we collected, subject to certain exemptions (for example, where the information is used by us to detect security incidents, debugging or to comply with a legal obligation); 
• The right to opt-out of sale or sharing (we do not share or sell)
• The right to correct inaccurate information 
• The right to request that we limit the disclosure of sensitive personal information 

If you are subject to CCPA and wish to exercise these rights, please do so in accordance with Section 7.

Non-Discrimination.

We will not discriminate against you for exercising any of your CCPA rights.

12. Contact Us‍

Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding our privacy practices described in this Policy. You may send us an e-mail at: privacy@essper.com, write to Essential Personnel, LLC, P.O. Box 10506, Wilmington, NC, 28404, or call us using this number: 910-390-0011‍

13. Changes To This Policy

We reserve the right to change, modify, add or remove portions of this Policy from time to time and will provide you with notice when significant updates are made or as required by applicable law. We recommend that you regularly revisit this Policy to learn of any such changes.