Privacy Policy

Last modified: June 5, 2023

1. Introduction

Earth Science Systems, LLC (“ESS”) respects your privacy and is committed to protecting it through compliance with this Privacy Policy (the “Policy” or “Privacy Policy”).

This Privacy Policy describes the types of information ESS may collect from you or that you may provide when you visit, access, or use https://www.earthsciencesystems.com, https://esscloud.net, and any other ESS website or client portal (collectively, the “Websites”), any ESS mobile, desktop or web apps (the “Apps”), any content, functionality, technology solutions and services offered on or through the Websites or Apps, including subscription services (collectively, the “Services”), the licensing of ESS software or applications (“Software”), and the purchase of equipment, products or goods (the “Products”) through the Websites or Apps or directly from ESS or its authorized resellers or dealers, and ESS’s practices for collecting, using, maintaining, protecting, and disclosing that information. The Websites, Apps, Services, Software, and Products, are collectively referred to as the “ESS Platform.” This Policy applies to information ESS collects:

On or through the ESS Platform.
In email, text, and other electronic or other messages or communications between you, ESS, and/or the ESS Platform.
When you interact with ESS’s advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.
Through the provision of ESS Services, Apps, Software and Products.

It does not apply to information collected by:

Any third party that gets access to the information, including through any application or content (including advertising) that may link to or be accessible from, on or through the ESS Platform or any information you provide to or is collected by any third party.

Please read this Policy carefully to understand ESS’s policies and practices regarding your information and how ESS will treat it. If you do not agree with this Policy, your choice is not to use the ESS Platform. By accessing or using the ESS Platform or Products, you agree to this Privacy Policy. This Policy may change from time to time (see the Changes to ESS Privacy Policy section below). Your continued use of the ESS Platform after ESS makes changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

The ESS Platform is hosted on servers in the United States and ESS is located in the United States. Accordingly, if you are located outside of the United States, any information you provide to ESS will be transferred to the United States. By providing ESS with any information, you consent to its transfer and storage in the United States.

2. Children Under the Age of 16

The ESS Platform is not intended for individuals under 16 years of age. No one under age 16 may provide any information to or on the ESS Platform. ESS does not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on the ESS Platform, or through any of its features, register on the ESS Platform, or provide any information about yourself to ESS, including your name, address, telephone number, email address, or any screen name or username you may use. If ESS learns that it has collected or received personal information from a child under 16 without verification of parental consent, ESS will delete that information. If you believe ESS might have any information from or about a child under 16, please contact us by sending an email to cloudservices@earthsciencesystems.com.

California residents under 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights section below for more information.

3. Information ESS Collects About You and How ESS Collects It

ESS collects several types of information from and about users of the ESS Platform:

Directly from you when you provide it to ESS.
Automatically when you use the ESS Platform.

Information You Provide to ESS

When you register with or use the ESS Platform, ESS may ask that you provide information:

By which you may be personally identified, such as name, postal address, e-mail address, telephone number, online profile (such as LinkedIn, Facebook, etc.), facial image or photo, or other identifier by which you may be contacted online or offline (“personal information”).

The information ESS collects on or through the ESS Platform or otherwise may include:

Information that you provide by filling in forms on the ESS Platform. This includes information provided at the time of registering to use the ESS Platform, accessing images or content on the ESS Platform, or purchasing goods, products, or services, on the ESS Platform.
Records and copies of your correspondence (including email addresses and phone numbers) if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through the ESS Platform or with ESS, and of the fulfillment of your orders.
Your search queries on the ESS Platform.
Any interactive features of the ESS Platform.
When you request customer support.

You also may provide information or content to be published or displayed (hereinafter, “posted”) on the ESS Platform or transmitted to other users of the ESS Platform, or third parties (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, ESS cannot control the actions of other users of the ESS Platform with whom you may choose to share your User Content. Therefore, ESS cannot and does not guarantee that your User Content will not be viewed by unauthorized persons.

Other Information ESS Collects

In order to provide you with access to and use of the ESS Platform, or to provide you with better service in general, ESS may combine information obtained from other sources (for example, a third-party service whose application you have authorized or used to sign in) and combine that with information collected by ESS.

Information ESS Collects Through Automatic Data Collection Technologies

When you access, and use the ESS Platform, or as you navigate through and interact with portions of the ESS Platform, ESS may use technology to automatically collect:

Usage Details: When you access and use the ESS Platform, ESS may automatically collect certain details of your access to and use of the ESS Platform, including location data, logs, access times, pages viewed, and other communication data and the resources that you access and use on or through the ESS Platform.
Device Information: ESS may collect information about your mobile device, computer and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
Stored Information and Files: The ESS Platform also may access metadata and other information associated with other files stored on your device or computer. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
Location Information: When you are logged in to the ESS Platform, the ESS Platform collects real-time information about the location of your device.

If you do not want us to collect this information do not visit or use the ESS Platform. For more information, see Choices About How ESS Uses and Discloses Your Information section below. Note, however, that opting out of ESS Platform’s collection of location information will disable its location-based features.

The technologies ESS uses for this automatic data collection may include:

Cookies (or mobile/browser cookies): A cookie is a small file placed on the hard drive of your computer. You may be able to refuse to accept mobile or browser cookies by activating the appropriate setting on your device or browser. However, if you select this setting you may be unable to access certain parts of the ESS Platform. Unless you have adjusted your browser setting so that it will refuse cookies, ESS’s system will issue cookies when you direct your browser to the ESS Platform.
Web Beacons: Pages of the ESS Platform and ESS’s e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit ESS, for example, to count users who have visited those pages or opened an email and for other related App or Website statistics (for example, recording the popularity of certain content and verifying system and server integrity).

ESS does not collect personal information automatically, but ESS may tie this information to personal information about you that ESS collects from other sources or that you provide to us.

4. Third-Party Use of Cookies and Other Tracking Technologies

When you use the ESS Platform, or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

Advertisers, ad networks, and ad servers.
Analytics companies.
Your mobile device manufacturer.
Your mobile service provider.
The applicable payment processor, including credit card companies, Stripe, PayPal, Apple Pay, etc.

These third parties may use tracking technologies to collect information about you when you use the ESS Platform. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

ESS does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see below.

Below are some of the third-party providers that may be used and links to their privacy policies:

Stripe

Stripe is used to process subscriptions, billing information and to execute credit card transactions. For your security, and to comply with credit card processing policies, Earth Science Systems does not store and cannot access your credit card information. Stripe's data collection is governed by its privacy policy.

https://stripe.com/privacy

Twilio (Lookup and Verify)

Twilio is used to send you text messages in order to verify your identity. Data collected by Twilio is subject to its privacy policy:

https://www.twilio.com/legal/privacy

Twilio (Super SIM)

Twilio is used to provide your ESS Products with cellular connectivity if you subscribe to such service. Data collected by Twilio is subject to its privacy policy:

https://www.twilio.com/legal/privacy

Thingstream

Your use of PointPerfect corrections services is subject to the terms of service of ESS’s corrections provider Thingstream, a division of u-blox. Data collected by u-blox is subject to its privacy policy:

https://www.u-blox.com/en/info/u-blox-privacy-policy

Wasabi

Your use of data storage functionality is subject to the terms of service of the ESS storage provider Wasabi. Data collected by Wasabi is governed by its privacy policy:

https://wasabi.com/legal/privacy-policy/

Vimeo

Videos accessible through the ESS Platform may be hosted by Vimeo. Data collected by Vimeo is governed by its privacy policy:

https://vimeo.com/privacy

5. How ESS Uses Your Information

ESS uses information that ESS collects about you or that you provide to us, including any personal information:

To provide you with the ESS Platform, its contents, and any other information, products or services that you request from ESS.
To process and track your orders, process payments, and coordinate delivery of merchandise.
To verify your identity so that you can access the ESS Platform.
To manage any registered account that you hold with us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account.
To carry out ESS’s obligations and enforce ESS’s rights arising from any contracts entered into between you and ESS, including for billing and collection.
To notify you about changes to the ESS Platform or any products or services ESS offers or provides though it.
To allow you to participate in interactive features on the ESS Platform.
To send you promotional materials and other communications.
To understand and set your communication preferences.
In any other way ESS may describe when you provide the information.
Send you technical notices, updates, security alerts and support and administrative messages.
Respond to your comments, questions and requests and provide customer service.
Communicate with you about news and information related to the ESS Platform
Monitor and analyze trends, usage and activities in connection with our services; and
Personalize and improve the ESS Platform.
For any other purpose with your consent.

The information ESS collects helps ESS to improve the ESS Platform and to deliver a better and more personalized service, including by enabling ESS to:

Estimate ESS’s audience size and usage patterns.
Store information about your preferences, allowing us to customize the ESS Platform according to your individual interests.
Speed up your searches.
Recognize you when you return to the ESS Platform.

ESS may also use your information to contact you about ESS’s own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please send an email to ESS at cloudservices@earthsciencesystems.com. For more information, see Choices About How ESS Uses and Discloses Your Information below.

ESS may use the information it has collected from you to enable ESS to display advertisements to ESS’s advertisers’ target audiences. Even though ESS does not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

6. Disclosure of Your Information

ESS may disclose aggregated information about ESS’s users, and information that does not identify any individual, without restriction.

ESS may disclose personal information that ESS collects or you provide as described in this Privacy Policy:

To ESS’s subsidiaries and affiliates.
To the operators and owners of the attractions and venues that ESS provides services to and where photographs or other images were taken.
To advertisers or customers under the ESS Platform.
To contractors, service providers, and other third parties ESS uses to support ESS’s business such as such as third parties involved in processing credit card payments, reducing credit risk, fulfilling orders, data storage, website hosting, cellular service, performing data analytics, and sending marketing messages.
To operators of social media platforms if you accessed the ESS Platform through a social media site.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ESS’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ESS about ESS Platform users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How ESS Uses and Discloses Your Information below.
To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of the ESS Platform, ESS will transmit the contents of that email and your email address to the recipients.
For any other purpose disclosed by us when you provide the information.
With your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply ESS Platform Terms of Use and Service at https://esscloud.net/legal/tos and other agreements, including for billing and collection purposes.
If ESS believes disclosure is necessary or appropriate to protect the rights, property, or safety of ESS, ESS’s customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

7. Choices About How ESS Uses and Discloses Your Information

ESS strives to provide you with choices regarding the personal information you provide to us. This section describes mechanisms ESS provides for you to control certain uses and disclosures of your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, or block use of other tracking technologies, some parts of the ESS Platform may then be inaccessible or not function properly.
Location Information. You can choose whether or not to allow the ESS Platform to collect and use real-time information about your device’s location by not logging into the ESS Platform via the device, or through the device’s privacy settings. If you block the use of location information, some parts of the ESS Platform may become inaccessible or not function properly.
Promotion by ESS. If you do not want us to use your email address to promote ESS’s own or third parties’ products or services, you can opt-out by sending an email to cloudservices@earthsciencesystems.com.
Targeted Advertising by ESS. If you do not want us to use information that ESS collects or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email stating your request to cloudservices@earthsciencesystems.com.
Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by sending us an email stating your request to cloudservices@earthsciencesystems.com.

ESS does not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see section below for more information.

8. Accessing and Correcting Your Information

You may also send us an email at cloudservices@earthsciencesystems.com to request access to, correct or delete any personal information that you have provided to us. ESS cannot delete your personal information except by also deleting your user account. ESS may not accommodate a request to change information if ESS believes the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Content from the ESS Platform, copies of your User Content may remain viewable in cached and archived pages or might have been copied or stored by other ESS Platform users. Proper access and use of information provided on the ESS Platform, including User Content, is governed by ESS’s ESS Platform Terms of Use and Service located at https://esscloud.net/legal/tos.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights below for more information.

9. Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding ESS’s use of your personal information.

California’s “Shine the Light” law (Civil Code Section § 1798.83) may permit users of the ESS Platform that are California residents to request certain information regarding ESS’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to cloudservices@earthsciencesystems.com.

10. Rights of Residents in the European Union (EU)

If you use the ESS Platform and reside in the EU, you are entitled by law to access, correct, amend, or delete personal information about you that we hold. A list of these rights is below. Please note that these rights are not absolute and certain exemptions apply. To exercise these rights please contact us at support. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. In the event that we refuse a request under rights of access, we will provide you a reason as to why.

The right to access: You have the right to ask us for copies of your personal information. This right has some exemptions, which means you may not always receive all the information we process. When making a request, please provide an accurate description of the data you want access to.
The right to rectification: You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
The right to erasure: You have the right to ask us to erase your personal information in certain circumstances, including (i) when your personal information is no longer necessary for the purposes for which it was collected or processed or (ii) your information must be erased to comply with a legal obligation in EU Union or Member State law.
The right to restrict processing: You have the right to ask us to restrict the processing of your information in certain circumstances, including (i) when the accuracy of the information is brought into question or (ii) when we no longer need the information for purposes of the processing but you require such information for the establishment, exercise, or defense of a legal claim.
The right to object to processing: You have the right to object to processing if we are able to process your information because the process is in our legitimate interests.
The right to data portability: This only applies to information you have given us. You have the right to ask that we transfer the information you gave us from one organization to another or give it to you.
The right to lodge a complaint with the supervisory authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

11. How Long Do We Keep Your Information

ESS will retain your personal information until the later of (i) the information is no longer necessary to accomplish the purpose for which it was provided; (ii) twelve (12) months after it is provided or collected; or (iii) your account with ESS is terminated.

We retain your information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations and/or as necessary to protect our legal rights or for certain business requirements. For example, when we process your payments, we will retain this data for longer periods of time as required for tax or accounting purposes. More specifically, we would retain some data for longer periods of time for the following reasons:

Security, fraud, and abuse prevention: To protect you, other people, and us from fraud, abuse, and unauthorized access.
Financial recordkeeping: When you make a payment to us we are often required to retain this information for long period of time for purposes of accounting, dispute resolution, and compliance with tax, anti-money laundering, and other financial regulations.
Complying with legal or regulatory requirements: To meet any applicable law, regulation, legal process, or enforceable governmental request, as required to enforce our terms of service, including investigation of potential violations.
Direct communications with us: If you have directly communicated with us, through a support channel, feedback form, or a bug report, we may retain reasonable records of those communications.

Even if you delete your account, keep in mind that the deletion by our third-party providers may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time. For any privacy or data-protection-related questions, please write to cloudservices@earthsciencesystems.com.

12. Data Security

ESS has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where ESS has given you (or where you have chosen) a password or other account code for access to certain parts of the ESS Platform, you are responsible for keeping this password and/or code confidential. ESS asks that you not share your password or code with anyone. ESS urges you to be careful about giving out information in public areas of the ESS Platform or the sharing of information with third parties.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although ESS takes reasonable steps to protect your personal information, ESS cannot guarantee the security of your personal information transmitted to or through the ESS Platform. Any transmission of personal information is at your own risk. ESS is not responsible for circumvention of any privacy settings or security measures contained on the ESS Platform.

13. Changes to ESS’s Privacy Policy

ESS may update the Privacy Policy from time to time. If ESS makes material changes to how it treats its users’ personal information, ESS will post the new Privacy Policy on this page with a notice that the Privacy Policy has been updated and notify you by email to the email address specified in your account.

The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring ESS has an up-to-date active and deliverable email address for you and for periodically visiting this Privacy Policy to check for any changes.

14. Contact Information

To ask questions or comment about this Privacy Policy and ESS’s privacy practices, contact us at: cloudservices@earthsciencesystems.com

Visit the ESS Platform for the most up to date contact information.