Privacy Policy

Updated on April 19, 2022

Purpose

Your privacy is important to us. In the regular course of doing business, ePS acquires information from clients, consumers and third parties. To better protect your privacy, we provide this Privacy Statement to explain how your information is collected, processed, transferred (both online and off-line), stored, disclosed and the choices you have regarding the way your information is shared. To make this Statement easy to find, we make it available via a web link on our homepage.

Scope

The ePS Privacy Statement applies to all EPS US, LLC businesses and all its corporate affiliates, including subsidiaries (referred to collectively in this Privacy Statement as “ePS”). This Privacy Statement is applicable to all information received by ePS from its clients, consumers, third parties and any other individuals in electronic or paper format, as part of ePS’s business operations, including information submitted and collected by, through, or via: (i) an ePS website which includes a reference to this Privacy Statement on the applicable homepage; (ii) any software owned, developed, sold or marketed by ePS; or (iii) any products or services offered by ePS, whether hosted by ePS or a third party (collectively, the “Channels” or individually, the “Channel”), and to information collected off-line by ePS. ePS does not sell or share the Personal Information (defined below) it collects from you with third parties, except as described in this Privacy Statement. This Privacy Statement may be subject to any specific and applicable ePS affiliate privacy statement and this Privacy Statement may vary as required by local law.

Definitions

“Data Subject” means a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

“Personal Information” means any information that relates to a Data Subject that can be used to identify that individual on its own or in combination with other readily available data.

“Processing” means any operation that is performed upon Personal Information.

“Sensitive Personal Information” means Personal Information regarding an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, data concerning health, sex life or sexual orientation.

Data Collection

There are several ways in which ePS may collect Personal Information from you in the course of doing business. Personal Information may be collected if you provide Personal Information in connection with using a Channel, including ordering a product or service, a webinar registration, Channel forms, faxes, surveys, product registrations, such as registrations associated with the installation of software, use of online tools or programs, responses to mailed materials, subscription to our newsletter and other publications, participation in contests, telephone calls, Channel forums, message boards, and in person, such as, at trade shows or other events. Additionally, we may collect your name, address, contact phone number and email address in order to make an inquiry. If you are making a purchase online, we will require your credit/debit card information, expiration date, billing address, shipping address and other related information. We may ask for your date of birth to register for online forums. You may provide additional Personal Information that you choose to include in an email that you send to us, via a Channel or through a resume you submit in connection with your interest in working for ePS; however, we ask that you limit the amount of Personal Information you provide to ePS in these instances to what is reasonably required. You may also provide certain information, that may include Personal Information, to us, such as the products you are using, your company name, your role with your company, customer asset serial number, account name, support case number, system serial number, log files, and other information in connection with a support request for one of our products, or any other information that you provide to ePS or we collect during the normal course of doing business. ePS may collect aggregate information, that may include Personal Information, from the Channels that customers access or visit through the use of cookies, clear GIFs and website logs.

Cookies: ePS may collect information through the use of cookies. A cookie is a small file that a website puts on a user’s computer or mobile device. This file identifies specific information about previous visits to the website. The cookie may store the user’s country, language, an assigned random session ID, name and address information or the Internet Protocol (“IP”) address associated with a user’s computer. ePS may use cookies for a variety of purposes, including without limitation: (i) to track the number of users to an ePS website over time; (ii) to recognize repeat visits to an ePS website; (iii) to facilitate online navigation and online shopping; (iv) to track pages visited during a single online session, analyze trends and gather broad demographic information; (v) to adjust the presentation of an ePS website to make it more effective; (vi) to store user preferences; (vii) to record session information, user-specific information (such as the pages the user accesses or visits) and past activity at an ePS website; (viii) to alert users to new Channels that we think might be of value; and (ix) to market products and services to users. ePS may link the non-Personal Information it collects by the use of cookies to specific Personal Information. Some of our partners may use cookies on the ePS websites. However, we may have no access to or control over those cookies and encourage you to refer to the applicable Cookie Policy of the site that you are visiting.

The length of time a cookie will remain on your computer or mobile device depends on whether it is a persistent or session cookie. Session cookies will only remain on your computer or mobile device until you stop browsing. Persistent cookies remain stay on your computer or mobile device until they expire or are deleted.

You can manage your cookie settings via your web browser application which will allow you to block or limit the use of cookies, including clearing or removing cookies. Consult the help menu of your browser application for details. If you block the use of cookies, you may not be able to use some of the features on an ePS website. For additional information regarding ePS’s use of cookies, please refer to the applicable Cookie Policy of the site that you are visiting.

Clear GIFs: Clear GIFs are small graphic images (in GIF or other image format) placed on a webpage, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (e.g., only 1-by-1 pixel) and either transparent or the same color as the background of the webpage, document or email message. We do not use clear GIFs to collect Personal Information about you. We may, however, use clear GIFs to capture non-Personal Information, such as statistical usage information for pages, features or other elements on the Channels or through ePS email messages that are delivered to you. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on the Channels or in our emails.

Website Logs: ePS may collect information in the form of website logs (collectively “Logs”). These Logs are files that record activity on the Channels and gather statistics about users’ activities, such as how many users have visited the Channels, how often, how many “hits” a particular webpage has received, type and quality of the user’s Internet connection to the Channels, and identification of the user’s hardware and software. The entries comprising the Logs may contain IP addresses, user IDs, and identification of the Internet service provider that provides your connection to the Internet. Generally, we use the Logs to operate and improve the Channels, to identify the popularity of certain features, to assist with internal marketing and demographic studies, and to enable us to assess overall efficiency and activity on the Channels.

Communications Within the Channels: ePS may collect information that you submit when posting messages through a Channel forum. Any user communications within the Channels, such as on the forums, should not be considered private and such communications may be viewed and saved by others. ePS is under no obligation to monitor user communications but reserves the right to act on reports of misconduct or abuse of communications privileges. Because communications may be widely viewed and/or heard, we caution users to avoid revealing any Personal Information on the Channel forums.

Purpose for Collection of Personal Information

ePS may process, collect, and disclose your Personal Information with your consent; however, there are several instances where ePS can process and disclose your Personal Information without your explicit consent, including the following legal bases:

  • The performance of a contract
  • Where ePS has a legitimate interest in processing the Personal Information
  • The processing is necessary or legally required, conducted to protect the public interest, to protect your vital interest or to establish, exercise or defend a legal claim
  • The processing of Personal Information that has been made public by the data subject
  • The processing or transfer is required by law

ePS processes, collects, and discloses your Personal Information for purposes which may include, but are not limited to, the following:

  • Process an order you place for a product or service
  • Respond to your question(s) about a product or service
  • Provide technical or customer support for a product or service
  • Engage in marketing and sales
  • Create and maintain reseller partnerships
  • Conduct research and development
  • Undertake product development
  • To detect and prevent fraud
  • To verify your identify

Disclosure of Personal Information to Third Parties

ePS may share your information, including Personal Information, within ePS or with any unaffiliated third party, including, for example, our payment processing providers, website analytics companies, and CRM service providers. In addition, ePS may share such information with its partners, including independent vendors, suppliers, licensors, contractors, distributors, resellers, dealers, OEMs and other parties who have a business relationship or a potential business relationship with ePS.

Fulfillment of Products and/or Services Provided by or for ePS: ePS may retain other companies and individuals to perform certain functions on our behalf. Examples include, but are not limited to: (i) companies that host or help to administer the Channels; (ii) companies that help to process an order for a product, which may include completing the order, obtaining export clearance, or arranging for shipping and handling; (iii) companies that provide payment and billing services; (iv) companies that conduct surveys or assist ePS in its promotional activities such as contacting you by email or over the telephone; (v) shipping companies that deliver products, third party advertisers or promotional partners who provide a product or service to you; (vi) customer support specialists; (vii) web hosting and Internet service providers; and (viii) data analysis firms. Any such third parties who are involved in these activities are authorized to use the information that is collected by and/or disclosed to them for purposes of fulfilling their contractual obligations to ePS, fulfilling any obligations owed to you and to the other individuals who access and use the Channels or services, or as otherwise permitted in this Privacy Statement. ePS requires that any such third parties protect the confidentiality of Personal Information they collect or have access to in the course of their engagement with ePS.

Marketing Materials: From time to time, ePS may share your Personal Information with other companies, so that these third parties may provide you with a special offer or promotion that we think you may find valuable. Unless you specifically tell us that you do not want to receive these special offers, we may share your Personal Information. See how you can opt-out below, to tell us that you do not want us to share your Personal Information for these purposes.

Sale or Transfer of Information: In the event of a merger, acquisition, spin-off or other transaction related to ePS, an ePS business unit or a portion of ePS’s assets, ePS may transfer the information collected from you, including Personal Information, to the surviving party, acquiring party or other party related to the transaction.

Compliance with Law and Fraud Protection: ePS reserves the right to disclose the information it collects from you if ePS believes in good faith that such disclosure is necessary to comply with applicable law or a legal process, to avoid liability for ePS and/or its agents and partners, and/or to protect the rights and property (including intellectual property) of ePS and others, including ePS’s agents, partners and customers. Further, ePS may disclose the information it collects if ePS suspects that an individual or entity has provided fraudulent or illegal information, has committed an illegal, fraudulent, or wrongful act or omission, has attempted to pose as someone else, or has attempted an unauthorized use or access of any computer system or website.

Accountability for Onward Transfers: ePS will acquire assurances from partners, service providers and third parties to ensure that they apply the same level of safeguards to protect Personal Information consistent with this Privacy Statement.

How You Can Opt-Out

You have choices about how your Personal Information is used by ePS and shared with third parties. For any commercial emails that you receive from ePS, you have the option to unsubscribe from those messages by following the instructions in the applicable email. You may also opt-out by sending an email to Privacy@eproductivitysoftware.com by including in the subject line of your message, “Remove ePS”. Please note that if you unsubscribe, but later request to receive commercial emails from ePS, you will receive these commercial emails and be subject to this Privacy Statement, but will continue to have the right to unsubscribe again if you desire.

If you do not want ePS to share your Personal Information with third parties so that they may send you information concerning products or services that we believe may be of interest, you may opt-out by sending an email to Privacy@eproductivitysoftware.com by including in the subject line of your message, “Remove Third Parties”.

Please note that your opt-out rights only apply as described above. ePS may still process and disclose your information as described in this Privacy Statement. In addition, if your information already has been shared with a third party, like an ePS partner, and you no longer wish to receive commercial emails from that party, you must follow the unsubscribe instructions from the applicable third party. Please reference the section titled, Disclosure of Personal Information to Third Parties above for more information.

Our Commitment to Child’s Data

Protecting the privacy of the young is especially important. For that reason, we do not collect or maintain information through the Channels from those we actually know are under 13, and no part of the Channels are structured to attract anyone under 13. If ePS becomes aware that any person submitting Personal Information to us is under the age of 13, we will delete that Personal Information.

Security

While ePS cannot guarantee complete security of the information we collect from you, we have implemented technical and organizational measures to aid in the prevention of unauthorized access to, and improper use of, loss, disclosure, alteration, or destruction of the information we collect from you and to aid in the accurate maintenance of this information. You should be aware, however, that ePS has no control over the security of other websites or services on the Internet that you might visit even when a link may appear to direct you to websites and services from ePS. We want you to feel confident using the Channels; however, no system can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your Personal Information, other communications, or content always will remain secure.

Data Integrity and Purpose Limitation

ePS will use Personal Information only for the purpose in which it was collected from you. ePS will have steps in place to ensure that the Personal Information is used for its intended use, and is accurate, complete and up to date. ePS will also ensure that the Personal Information is only stored for the time needed to fulfil its purpose. This obligation does not prevent ePS from processing Personal Information for longer periods for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research, and statistical analysis.

Individual Rights

The information that ePS collects from you may be collected, transferred to, stored and processed in the United States and any other country in which ePS and its agents and partners maintain facilities.

Where required by law, ePS will grant individuals access to their Personal Information and/or amend, delete, correct or provide access their Personal Information if it is inaccurate or being processed in violation of law. If you would like to contact ePS to make a request please contact us at the following:

Email: Privacy@eproductivitysoftware.com
Mailing Address:
eProductivity Software
Attention: Legal Department – Privacy

40 24th Street
Pittsburgh, PA 15222
USA

You may correct factual errors in your Personal Information by sending us a request that credibly shows error. ePS reserves the right to verify your identity before granting access to Personal Information or making corrections and reserves the right to deny access to anyone who does not confirm their identity to ePS’s satisfaction.

Jurisdiction Specific Terms

California Residents

The California Consumer Privacy Act (“CCPA”) provides California residents with the following rights:

  • To know what personal information has been collected over the past 12 months
  • To access personal information, we have collected
  • To delete personal information (with exceptions) we have collected
  • To not be discriminated against if these privacy rights are exercised

California residents may exercise their right to know, access, or deletion of personal information by emailing the address below and including your name, email ID and the type of request you are submitting:

Privacy@eproductivitysoftware.com 

We are required to verify your request prior to fulfilling it and are committed to fulfilling verified requests within 45 days of the request.

ePS does not sell any of the Personal Information we collect about you.

Brazilian Residents

The Brazilian Data Protection Act (“LGPD”) provides Brazilian residents with the following rights:

  • To ask for confirmation of the existence of Processing
  • To access the Personal Information we collect
  • To request the correction of incomplete, inaccurate, or outdated Personal Information
  • To request anonymization, blocking or deletion of unnecessary or excessive Personal Information, or Personal Information Processed in violation of LGPD provisions
  • The portability of your Personal Information to another service provider or product, through an express request, in accordance with the regulations of the national authority and subject to trade and industrial secrets
  • To request the deletion of Personal Information Processed with the consent of the Data Subject except in situations arranged by the LGPD
  • To obtain information about the public and private entities with which we share Personal Information
  • To obtain information about the possibility of denying consent to the Processing of Personal Information and the consequences of such denial
  • To withdraw relevant consent as provided by the LGPD

Brazilian residents may exercise the above-mentioned rights by emailing the address below and including your name, email ID and the type of request you are submitting:

E-mail: Privacy@eproductivitysoftware.com 

Mailing address:
Metrics Sistemas de Informação e Serviços Comércio Ltda.

In the care of: Data Protection Representative, José Luiz Ribeiro

Rua Cincinato Braga, 340, 14th floor
São Paulo-SP, CEP 01333-010
Brazil

Chinese Residents

The Personal Information Protection Law of the People’s Republic of China (“PIPL”) provides Chinese residents with the following rights: 

  • To know and the right to decide relating to their Personal Information, and the right to limit or refuse the handling of their Personal Information by others, 
  • The right to consult and copy their Personal Information from personal information handlers 
  • The right to request that their Personal Information be transferred to a personal information handler they designate, meeting conditions of the State cybersecurity and informatization department 
  • Where individuals discover their Personal Information is incorrect or incomplete, they have the right to request personal information handlers correct or complete their Personal Information.  
  • The right to delete their Personal Information in certain circumstances. 
  • The right to request personal information handlers explain Personal Information handling rules. 

Chinese residents may exercise the above-mentioned rights by emailing the address below and including your name, email, and the type of request you are submitting:

E-mail: Privacy@eproductivitysoftware.com 

Dispute Resolution

Notwithstanding the alternative means of dispute resolution offered by ePS, Data Subjects have the right to petition before the national authority and/or defend their interests and rights in local courts, as provided for under applicable law.  

Privacy Statement Updates

ePS may revise its Privacy Statement from time to time. Please revisit this site on a regular basis to check for any revisions and ePS’s then-current Privacy Statement. When we post changes to this Privacy Statement, we will revise the updated date at the bottom of this Privacy Statement.