Ecliptic Software Solutions (ESS) prides itself on protecting your privacy and supporting a safe online experience. This Privacy Policy outlines the information we collect and how we use it. ESS is governed by the Personal Information Protection and Electronic Documents Act, the EU General Data Protection Regulation (GDPR), and any other relevant data protection regulations that may apply in the regions we operate in. By using the ESS website, you consent to the data practices described in this Privacy Policy.

What this Privacy Policy covers

This policy covers the information ESS collects and how we use it. It also outlines the steps ESS takes to protect that information, how to contact us, and how we comply with relevant data protection regulations such as the GDPR.

Under the GDPR, ESS is a data controller for the information we collect from you. In certain cases, we are also a data processor for data collected by our clients; for more information on client-collected data, please see "Information collected by our customers" below.

What information we collect

We collect information from you in order to deliver services that you purchase and to monitor and improve the customer experience on our website. The data collected may include your name, email address, postal address, telephone number(s), billing information such as credit card numbers, and answers to security questions that help us to verify your identity and secure your account. It may also include marketing preferences, survey and contest responses, and information you provide through online chats, telephone calls, and support tickets with us. ESS services are intended for business use, and ESS does not knowingly market to or collect personal information from people under the age of 18.

How we collect information

ESS collects personally identifiable information in a variety of ways, including but not limited to: online order forms, online chats, telephone calls, market research surveys, and customer support tickets.

Certain information about your computer hardware and software may also be automatically collected through tools such as Google Analytics. This information can include your IP address, browser type, domain names, access times, and referring website addresses.

ESS may also collect information from third parties as required in order to provide you with products and services.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through ESS’s blog or social media pages, this information may be collected and used by others.

Provision of Services

ESS collects and uses your personal information to operate the ESS website, to deliver the services you have requested, and to inform you of other products or services available from ESS and its affiliates. This includes sharing your information with trusted third parties, as explained below. We DO NOT sell any of your personal information.

If you elect to use a service that provides you the ability to import your personal contacts or related information, ESS will not use this information for commercial purposes except to provide that service.

Third-Party Services

ESS offers certain products and services in conjunction with or through trusted partners, sponsors, and affiliates (“Third-Party Services”). These services may be available for an additional fee, or they may be included for free or as a portion of a larger bundle of services. In order to properly set up these services (and, where needed, integrate them with any services you may have), we may need to share certain information you have provided to us with these Third-Party Services. For payments or other monetary transactions, ESS must share your personal information (specifically your billing information) with our payment processor. In all cases, we share only information that is required to set up and operate these services. Third-Parties are not permitted to use, keep, or share your data except for the specific services they have been contracted to provide.

Business Continuity

Should ESS become part of a merger, acquisition, corporate reorganization, or any other change of control, your personal information will be included in ESS’s sale of business assets. This means that it could be shared with ESS’s new owners, or with a new business that ESS acquires. If this happens, ESS will make reasonable efforts to notify you and inform you of any choices you may have about the information you shared with us.

Web Analytics

ESS keeps track of the websites and pages our customers visit within ESS in order to determine which ESS services are the most popular. This data is used to deliver customized content and advertising within ESS to customers whose behaviour indicates they are interested in a particular subject area. Data may also be used to determine the effectiveness of promotional campaigns and advertising.

Communications

ESS may contact you regarding services you have purchased from us to deliver information, updates, notices of functionality changes, upcoming payments, and planned service maintenance.

We may also contact you with newsletters, announcements, and special offers we think you may find valuable. You can withdraw your consent to receive these communications at any time.

ESS may display targeted advertising to you. For more information, please see "How we use cookies" below.

Legal Disclosure

ESS, its affiliates, trusted partners, and sponsors may be required to disclose or process any personal information we collect in order comply with legal, regulatory, and law-enforcement requests (like court orders or for taxes), especially to protect ESS, our customers, or the public.

Domain Registration

In order to register domain names, personal information collected during your purchase must be provided to the registrar responsible for processing your request, as per the registrar’s rules and the rules set out by the Internet Corporation for Assigned Names and Numbers (ICANN) and/or the relevant domain name registry.

This information goes into a searchable database (WHOIS). Access to WHOIS information may be limited but you can help protect yourself by opting out of displaying your personal information through the purchase of a Domain Privacy service (some domains are not eligible for this service).

Our legal basis for processing your information

Contract: Your personal information is necessary for providing the services you requested. This includes payment and setting up the services, and also the assistance and support we provide to make sure your services are working properly.

Consent: From time to time ESS may send you announcements and special offers. You can withdraw your consent for these communications at any time by clicking the unsubscribe link on any email you no longer wish to receive

Legal Obligation: ESS may be required to process any personal information we collect in order comply with legal, regulatory, and law-enforcement requests.

Where we store your information

The data we collect is stored in Canada and is regulated by the Personal Information Protection and Electronic Documents Act (PIPEDA). Canada has been recognized by the EU as providing adequate data protection (as per article 45 of Regulation (EU) 2016/679), which allows personal information of EU residents to be freely transferred to Canada.

At times when ESS needs to works with a number of US-based partners, we also transfer (in accordance with Article 45 of the GDPR) personal information to companies that have certified their compliance with the EU-U.S. or Swiss-U.S. Privacy Shield Frameworks.

How we protect your information

ESS secures the information we collect on servers in a controlled, secure environment. We maintain safeguards to protect against unauthorized access, use, modification, and disclosure of this data.

Where possible, ESS uses industry-standard SSL encryption when communicating your data. ESS also ensures that customer websites have access to SSL certificates from "Let’s Encrypt" or other certificate authorities.

However, no data transmission over the Internet or wireless network can be guaranteed 100% secure. While we strive to protect your personal information, there are security and privacy limitations of the Internet which are beyond our control. Information and data may be viewed or tampered with in transit by a third party, despite best efforts.

How we retain your information

ESS will retain your personal information for as long as your ESS services are active. Once your last service has been cancelled, ESS will:

• Retain certain information stored directly on the hosting server for 40 days. Data stored by third-party services may be retained for shorter or longer periods depending on the service; please contact us for details on specific services.
• Retain certain information stored in other systems for up to 7 years for potential auditing purposes and to enable us to maintain accurate business, tax, and financial records.

ESS may retain personal information longer in order to comply with specific legal requests or obligations. When personal information is no longer required, we will ensure it is deleted.

How we transfer your information

If you visit ESS or its websites from a country other than the country in which our servers are located, your communications with ESS may result in the transfer of information across international borders. This may also happen if you telephone us or start an online chat. In all cases, your information will be handled under the terms of this Privacy Policy.

How to change your information

You may request access to review, update, and correct any inaccuracies in your personal information by contacting your account manager. We may ask you to provide personal information in the form of answers to security questions in order to verify your request.

You can also access and update much of your personal information by logging into the ESS website. Please ensure you always keep your contact and billing information current with us.

You also have the right to request that we delete your personal data. We will honor the request to the extent possible under our legal and contractual obligations. Please keep in mind that deleting your data may stop your ESS services from working properly or at all.

How we use cookies

ESS uses “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize ESS pages, or register with a ESS site or service, a cookie helps ESS recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same ESS website, the information you previously provided can be retrieved, so you can easily use the ESS features that you customized.

Some cookies are necessary for ESS sites to work properly, such as the cookies which indicate you’ve successfully logged into your account. Some cookies, like the ones used by Google Analytics, help us see how visitors use our sites. Others are used to customize your advertising experience. If you visit an ESS website with a browser that has cookies enabled, you are letting us know that you agree to us using cookies with your browser.

You can modify your browser settings to delete or block cookies. You will need to see the “Help” section of your browser for instructions on how to do this. You could also install plugins that block or manage cookies. If you do decide to limit your browser’s ability to use cookies, please remember that ESS sites may not function properly.

Information collected by our customers

ESS customers may collect data from people who visit their sites, regardless of whether a purchase is made. ESS customers are responsible for ensuring they are complying with all legal and privacy regulations, including but not limited to the European GDPR.

ESS does not have a direct relationship with our customers’ visitors or users.

If you would like to make any requests regarding personal information that has been collected by an ESS customer, please contact them directly. This applies to any kind of request, whether to access, correct, amend, or delete information. If the customer asks ESS to remove any personal information we will respond within thirty (30) days.

Links to Third-Party Sites

You may be able to access other websites that have links on ESS websites, where you can purchase products and services or register to receive materials or new product updates. In many of these cases, you will be asked to provide personal information such as your name, email address, or other contact information, or credit/billing information. If you complete an order or provide personal information to a website or service that is not provided by ESS, ESS has no control over the third party’s use of any personal information. ESS therefore has no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use, disclose, secure, or otherwise deal with your personal information. ESS provides these links to other websites as a convenience to you. Please exercise care when visiting linked websites, which will have separate and independent privacy policies.

Social Sign-in

We may provide you with the ability to log in to your account using social media services such as Facebook, Google+, or Twitter. If you choose to use this feature, the service you select will prompt you for your consent to share some personal information. We will store that information in order to give you access to your account.

If you no longer want to use social sign-in, you can disable it by logging into the ESS website.

Future changes to our Privacy Policy

ESS reserves the right to modify this Privacy Policy at any time. Please check back regularly to make sure you are aware of any changes and to stay informed of how we are protecting your information.

How to contact us

We welcome your comments regarding this Privacy Policy. If you believe we have not adhered to this Privacy Policy or you require any changes or access to your personal information, please contact your account manager.

We will use commercially reasonable efforts to promptly determine and remedy the problem.

LAST UPDATED: November 1, 2021