Effective January 24, 2018
Maintaining the trust of our customers and providing an exceptional customer experience are top priorities of eResilience, a division of Referentia Systems Incorporated (“eResilience,” “we,” “us,” or “our”). We believe in respecting the personal privacy of individuals (“you” or “your”) who access and use the website(s) that link to this Privacy Policy (“our website”) and our products, programs, functions, applications and services (“Services”), and simply doing what is right.
Overview
At eResilience, we are committed to safeguarding your personal information. This Privacy Policy describes the types of information we may collect about visitors to our website and users of our Services and our practices for collecting, using, maintaining, protecting, and disclosing that information, as well as individuals’ choices regarding use, access and correction of personal information.
We have drafted this Privacy Policy to be as clear and concise as possible. Please read it carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using our website or using our Services, you agree to this Privacy Policy. In the event of any conflict between this Privacy Policy and any other agreement entered into between you and eResilience, the terms of such other agreement shall prevail.
Our website and our Services may contain applications, services and content by, and links to websites of, third parties. This Privacy Policy does not apply to such third party websites, applications, services and content. We encourage you to review the data privacy terms of any third party providers or websites you engage with.
Information You Share With Us
If you communicate directly with eResilience, eResilience may collect and store personally identifying information that you share with us, including, but not limited to, your name, a home, business, or other address, billing address, phone number, financial information and email address, as well as other information that may be needed or requested to provide a Service or information you requested. For example, when expressing an interest in obtaining information about the Services, or registering to use our website or other Services, or registering for an event, we require you to provide us with personal contact information, such as name, company name, address, phone number, and email address. When purchasing the Services, requesting support or registering for an event, we may also require you to provide us with financial qualification and billing information, such as billing name and address, and the number of employees within the organization that will be using the Services. We may also ask you to provide additional information, such as company annual revenues, number of employees, or industry. When you apply for a job with us, we may also require you to submit additional personal information as well as a resume or curriculum vitae.
Our websites contain links to other websites, but eResilience does not share your personal information with those websites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of such third party partners you communicate with.
Information We Collect From You
As you navigate through and interact with our website, or use our Services, we may use common data collection technologies to collect certain statistical or aggregate non-personal information. In particular, our Services may report telemetry data back to us. Such information may include data about your network, including traffic data, location data, logs and other communication data, devices, internet connection, browser type, internet service provider and operating system. We process and analyze this information in order to build, run and continue to improve our Services and in order to better understand our customers’ needs and to provide you with the best experience possible when you visit our website and use our Services. The information we collect through these tracking tools is statistical in nature, but may be aggregated with personal information in order to help us to deliver more personalized website and Services, including by enabling us to estimate our audience size and usage patterns, store information about your preferences to allow us to customize our website in accordance with your individual interests, speed up your searches and to recognize you when you return to our website. The processes we use for automated data collection may include:
Cookies
Cookies are small data files that certain web sites write to your hard drive when you visit them, and they record and store your information. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Our website may use cookies to collect this type of information to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information.
Web Beacons
Web beacons also known as pixel tags are electronic images, contained on a website that permit us to count users who have visited those pages and for other related website statistics. Web beacons are not used to access your personal information on our website and are only used to compile aggregated statistics concerning use of our website.
Web Analytics
We also collect some non-personally identifiable information (ourselves or using third party services) using web analytic tools. We use third-party services that use tracking technologies to capture aggregate usage and volume statistics about online activities over time and across our and third party websites and other online services.
Information About You Submitted by Others
eResilience’s customers or other third parties may electronically submit data or information to the Services about you and your company, including personal information. We will not review, share, distribute, or reference any such data or information except as provided in our agreement with such customer or third party, or as may be required by law. For example, our customers may provide your contact information as one of its current or prospective suppliers or vendors and we may use that information to contact you for marketing, compliance or other purposes.
eResilience acknowledges that you have the right to access your personal information. If personal information pertaining to you as an individual has been submitted to us by a customer or other third party and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with such customer or third party directly. Because eResilience personnel have limited ability to access data our customers submit to our Services, if you wish to make your request directly to us, please provide the name of the eResilience customer who submitted your data to our Services. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.
How We Use Your Information
eResilience uses information that you share with us or that we collect about you, including personal information, for the following purposes: (i) to register and provide you with the Services you have requested from us and to provide maintenance and support; (ii) to present our website and its contents to you and to personalize your experience on our website; (iii) to keep you up to date on the latest product announcements, software updates, special offers, changes to our website or other information we think you would like to hear about either from us or from our business partners; (iv) to understand and analyze the usage trends of you and other users of our Services; (v) in anonymized form for internal purposes such as performing research and analysis and to provide reporting internally or externally; (vi) to allow you to purchase and download Services and participate in their interactive features, when you choose to do so; (vii) to better understand your needs and provide you with better Services; (viii) to carry out our obligations and enforce our rights in connection with any contracts entered into between you and eResilience such as our license agreements or terms of use, including communications related to payments and changes to our terms, conditions and policies; (ix) in any other way we describe to you at the time you provide the information or for which you have provided your consent; (x) share compliance information with customers where you have given consent pursuant to a separate agreement with us, such as in connection with our eSP portal Service.
We may also use information that you share with us or that we collect about you, including personal information, for marketing purposes. For example, we may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding eResilience, its affiliates, and its partners, such as information about promotions, products, services or events. You can opt-out of receiving these marketing communications via email by contacting us at support@eresilience.com or as described in the body of such email.
If you are using our Services, we may from time to time send you certain communications via email such as service announcements or administrative messages. Such communications are part of the functionality of our Services. You can therefore not opt-out of receiving such Services communications.
Information Sharing and Disclosure
eResilience may disclose aggregated anonymous information about our users and visitors to our website without restriction, to the extent such data does not identify any individual. eResilience does not share, rent, lease or sell personal information to others, except as specifically described in this Privacy Policy. eResilience may send your personal information to other companies or people under any of the following circumstances: (i) to our subsidiaries and affiliated companies; (ii) to eResilience’s partners, vendors, agents and subcontractors, including to fulfil any terms under your licensing or other contractual relationship with us and to provide you with technical and customer support – these third parties are subject to confidentiality obligations and are prohibited from using the information for their own purposes; (iii) when we have your consent to share the information, such as pursuant to a separate agreement between us in connection with our eSP portal Service; (iv) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization or other sale or transfer of some or all of eResilience’s assets; (v) if we want to keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear about either from us, our affiliates or from our business partners (unless you have opted out of these types of communications, as described above); (vi) to apply or enforce our license agreement, terms of use and other agreements, including for billing and collection purposes.
eResilience reserves the right to disclose your personally identifiable information if required to do so by law, court order or legal process, including to respond to any government or regulatory request or in the good-faith belief that such action is reasonably necessary to (a) comply with legal process, (b) respond to any claims against eResilience, or (c) to protect the rights, property or personal safety of eResilience, its employees, its customers or the public – this includes exchanging information with companies and organizations for the purposes of fraud detection, cybersecurity and credit risk reduction.
Public Forums and Customer Testimonials
We may provide bulletin boards, blogs, or chat rooms on our website. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. eResilience not responsible for the personal information you choose to submit in these forums.
We may post a list of customers and testimonials on our website that contain information such as customer names and titles. We obtain the consent of each customer prior to posting any information on such a list or posting testimonials.
Minors Under 18
eResilience does not intend to collect information from individuals who identify themselves as under eighteen (18) years of age. No one under the age of 18 may provide any personal information to or on our website or our Services. eResilience does not knowingly solicit personal information from children under the age of 18 or send them requests for personal information. eResilience will not knowingly disclose personally identifiable information of children under eighteen to any third party. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at support@eresilience.com.
Choices About How We Use and Disclose Your Information
We are excited about our Services and would like to tell you about updates and new features from time to time. In case you prefer not to receive such information from us or from third party partners we work with, we strive to give you choices regarding whether or not you are contacted with direct marketing or market research information from us. If you have provided personally identifiable information to eResilience, we will provide you with an opportunity to limit promotional email communications from eResilience or authorized partners of eResilience by “opting-out” of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your information in accordance with this Privacy Policy unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection. In some cases, when applicable, we will provide you with the opportunity to “opt-in.” This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted.
Upon request, eResilience will confirm to you whether it stores any personal data about you and what that data is. You may also send us an email to support@eresilience.com to request access to, correct or delete any personal information you have provided to us. We may not accommodate a request to change information if we believe the change would be contrary to the terms of any agreement entered into between you and us, violate any law or regulatory requirement, cause the information to be incorrect or impose an undue hardship on us due to technical requirements. Requests to access, change, or delete your information will be addressed within a reasonable timeframe. If you request that we delete your account, we will do so within a reasonable time. We may, however, be required to retain some personal information in accordance with legal or regulatory requirements.
Do Not Track
Currently, various browsers — including Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to websites’ visited by the user about the user’s browser DNT preference setting. eResilience does not currently commit to responding to browsers’ DNT signals with respect to our website, in part because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. We take privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
International Transfer of Information Collected
eResilience primarily stores information about you in the United States. To facilitate our global operations, we may transfer and access such information from around the world, including from other countries in which we have operations. This Privacy Policy shall apply even if we transfer information about you to other countries.
Data Security
We have implemented industry-standard safeguards designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any personal information you provide to us is stored on our secure servers behind firewalls.
The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website or in our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we use robust security measures to protect your personal information, we cannot guarantee the security of your personal information transmitted to and stored in our website. Any transmission of personal information is at your own risk.
Your California Privacy Rights
California Civil Code Section § 1798.83 may permit users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. To make such a request, please send an e-mail to support@eresilience.com.
Changes to this privacy policy
eResilience may choose to amend this Privacy Policy at any time. If we make any substantial changes in the way we use your personal information, we will post a notice on our website informing you of the changes made. Your continued use of our website or Services after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.
Questions or suggestions
If you have questions or concerns about how we collect, use or disclose personal information, please email us at support@eresilience.com or contact us at eResilience 155 Kapalulu Place Suite 200, Honolulu, HI 96819, USA.
