May 4, 2021
Terms of Service
IMPORTANT — READ CAREFULLY: WELCOME TO WWW.EPSOFTINC.COM AND OUR RELATED WEB-BASED APPLICATION PROVIDED AS AN ONLINE SERVICE (“PRODUCT”) AND BASIC AND ENTERPRISE TECHNICAL SUPPORT FOR THE PRODUCT (“SUPPORT”). IT IS IMPORTANT LICENSEE UNDERSTANDS THAT LICENSEE’S AND ITS AUTHORIZED USERS’ USE OF THE PRODUCT, SUPPORT, AND RELATED PROFESSIONAL SERVICES PROVIDED BY EPSOFT IS SUBJECT TO THESE TERMS OF SERVICE. THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN THE LICENSEE AND EPSOFT SOFTWARE, LLC (“WE”, “US”, OR “EPSOFT”), A TEXAS LIMITED LIABILITY COMPANY, FOR NONEXCLUSIVE, NONTRANSFERABLE USE OF THE PRODUCT AND PROFESSIONAL SERVICES.
BY CREATING AN ACCOUNT OR BY ACCESSING OR USING EPSOFT PRODUCTS OR SUPPORT, THE LICENSEE AND ITS AUTHORIZED USERS AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. “LICENSEE” MEANS THE COMPANY OR OTHER LEGAL ENTITY ACCESSING OR USING THE EPSOFT PRODUCT AND PROFESSIONAL SERVICES. “AUTHORIZED USER(S)” MEANS ANY EMPLOYEE OR CONTRACTOR DESIGNATED BY LICENSEE TO USE THE PRODUCT AND PROFESSIONAL SERVICES SOLELY FOR LICENSEE’S INTERNAL BUSINESS PURPOSES.
EPSOFT reserves the right to modify this Agreement, in its sole discretion, at any time by posting an amended Agreement that is always accessible on the EPSOFT website home page and by giving Licensee prior notice of such modifications. Licensee’s continued use of the Product and Support after notice of a modification indicates Licensee’s acceptance of the modified Agreement on behalf of itself and the Licensee’s Authorized Users. It is the responsibility of the Licensee and its Authorized Users to periodically check this Agreement via the home page link for modifications and their effective dates. EPSOFT may give notice to Licensee and its Authorized Users by means of (i) a general notice in the Product account, (ii) by email to the e-mail address on record in Licensee’s registration information for the Licensee, or (iii) by notice of modification to the Agreement on the EPSOFT homepage.
THE INDIVIDUAL ACCEPTING THE AGREEMENT REPRESENTS AND WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY AND ITS AFFILIATES AS WELL AS THE INDIVIDUAL TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Do not use the Product or Support if the Licensee or the Authorized User does not agree with the terms of this Agreement. By using the Product, Licensee and Authorized Users signifies their irrevocable acceptance of this Agreement. The website, Product, Support and any downloadable or accessible software associated with the Product are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
I. USE OF EPSOFT PRODUCT
1. REGISTRATION REQUIRED.
In order to use the Product and Support, Licensee and Authorized Users will need a valid account on the EPSOFT platform “Account”, which requires that a valid electronic email address and other identifying information be provided to EPSOFT for each Licensee and Authorized User (“Personal Information”) to access the Account and receive the access to the Product and Support. Each Licensee and Authorized User should take great care of such Personal Information as each is responsible for maintaining the confidentiality of the access data for the account and is fully responsible for all activities that occur under each of their respective Accounts. EPSOFT cannot and will not be liable for any loss or damage arising from Licensee’s or any Authorized User’s failure to comply with this section. Each Licensee and Authorized User must give true and accurate data during the registration process and must keep that information up to date and accurate. We assume no duty to verify such information. If Licensee or Authorized User provides any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the Account and refuse any and all current or future use of the Product.
This Product is not intended for use by anyone under age 18. If an Authorized User is under 18 years of age then the minor’s parent or guardian must review and complete the registration process on the minor’s behalf.
(a) The Product, including all content, components, design, documentation, features, information about trade secrets, strategies, business models, algorithms, software, ideas, Support and Professional Services materials and methodologies, are owned by EPSOFT or its licensors (collectively, EPSOFT Confidential Information”) and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights law.
(b) Licensee (including its Authorized Users) shall not disclose or provide the Products, documentation, or any other EPSOFT Confidential Information, including but not limited to the Products features and/or related information, to any third party, including but not limited to, the press, online news and/or groups, or any such similar outlets without EPSOFT’s express prior written consent for any such disclosure.
(c) The Licensee may disclose confidential information in accordance with a judicial or other governmental order so long as the Licensee provides EPSOFT with prompt written notice prior to the disclosure and shall comply with any applicable protective order or its equivalent. The Licensee shall not be liable to EPSOFT for disclosure of information which Licensee can prove (a) is already known by the Licensee without an obligation to maintain the confidentiality of the information; (b) becomes publicly known through no wrongful action of the Licensee; or (c) is independently developed by the Licensee without reference to the confidential information. The confidentiality obligations shall survive any expiration or termination of this Agreement, term of use of the Product and/or Support, or evaluation or beta program period.
3. USER CONTENT.
Under no circumstances will EPSOFT be liable in any way for any User Content even if such User Content is deemed by the viewer to objectionable or offensive. Licensee acknowledges that we do not pre-screen User Content, but that EPSOFT and our designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content that is available via the Product. Licensee must bear all risks associated with the use of any User Content, and Licensee acknowledges that Licensee may not reasonably rely on any User Content. EPSOFT reserves the right to access, read, preserve, and disclose any information as it believes, in its sole discretion, is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of EPSOFT, its users and the public. EPSOFT will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be in EPSOFT’s sole discretion as to what action should be taken. Licensee agrees that Licensee will not:
(a) upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
(b) impersonate any person or entity, including or falsely state or otherwise misrepresent its affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Product;
(e) upload, post, or otherwise transmit any User Content that Licensee does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
(f) upload, post, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) bypass measures that EPSOFT uses to control or restrict access to the Product; interfere with or disrupt the Product or servers or networks connected to the Product, or disobey any requirements, procedures, policies, or regulations of networks connected to the Product; attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Product; (ii) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) upload invalid data, viruses, worms, or other software agents through the Product;
(i) access the Product by any means other than the interfaces provided by EPSOFT for use in accessing the Product;
(j) intentionally or unintentionally violate any applicable local, state, national, or international law;
(k) post any User Content that Licensee does not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations;
(L) use the Account website as a redirecting/forwarding Product to another website; or
(m) exceed the scope of the Product that Licensee has signed up for; for example, accessing and using the tools that Licensee or its Authorized Users do not have a right to use, or having humans share user logins, or deleting, adding to, or otherwise changing other people’s comments or content as an Account holder.
If any Licensee, Authorized User, or any other user is reported to be in violation with the letter or spirit of these terms, EPSOFT retains the right to terminate such Account at any time without further warning.
II. EPSOFT’S PROPRIETARY & INTELLECTUAL PROPERTY RIGHTS
The EPSOFT website, registries, services deliverables, Product and its materials, including, without limitation, software, databases, all raw, gross or compiled statistical information and other data obtained, assembled or developed by Company, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “EPSOFT Content”), and all proprietary rights related thereto, are the exclusive property of EPSOFT and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and Licensee and its Authorized Users shall not reverse engineer, reverse compile, disassemble, or in any way attempt to derive the source code of the Product. Licensee and its Authorized Users further agree that they shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Product. Use of the EPSOFT Content or materials on the Product for any purpose not expressly permitted by this Agreement is strictly prohibited. In the event of a violation of any of the above provisions, EPSOFT may terminate this Agreement in its sole discretion.
Licensee or its Authorized Users may choose to submit comments, feedback or ideas about the Product, including without limitation about how to improve the Product or our products (“Ideas”). By submitting any Ideas, Licensee affirms that such disclosure of Ideas is gratuitous, unsolicited, and without restriction and will not place EPSOFT under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to Licensee or its Authorized Users. Licensee and its Authorized Users acknowledge that, by acceptance of their submission, EPSOFT does not waive any rights to use similar or related ideas previously known to EPSOFT, or developed by its employees, or obtained from sources other than Licensee or Authorized Users. EPSOFT is a trademark of EPSOFT Software, LLC.
III. EXPORT RESTRICTIONS
Licensee and Authorized Users acknowledge that the Product, or portion thereof, may be subject to the export control laws of the United States. Licensee and Authorized Users will not export, re-export, divert, transfer, or disclose any portion of the Product or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
IV. INJUNCTIVE RELIEF
Licensee and Authorized Users acknowledge that any use of the Product contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Product, may cause irreparable injury to EPSOFT, its affiliates, suppliers and any other party authorized by EPSOFT to resell, distribute, or promote the Product (“Resellers”), and under such circumstances EPSOFT, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
V. GENERAL PRACTICES REGARDING USE
Licensee and Authorized Users agree that EPSOFT has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content, Third-Party Content and other communications maintained by the Product. Licensee and Authorized Users acknowledge that EPSOFT may establish general practices and limits concerning use of the Product and may modify such practices and limits from time to time. EPSOFT retains the right to create limits on use and storage at our sole discretion at any time with or without notice. Licensee and Authorized Users acknowledge that we reserve the right to log off users who are inactive for an extended period.
VI. NO RESALE OF THE PRODUCT
Licensee and Authorized Users agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Product, use of the Product, or access to the Product without the express permission by EPSOFT.
VII. LICENSEE AND AUTHORIZED USER REPRESENTATIONS AND WARRANTIES
Licensee and Authorized Users represent and warrant that (a) all of the information provided by Licensee and Authorized Users to EPSOFT to use the Product is correct and current; and (b) Licensee and Authorized Users have all necessary right, power and authority to enter into this Agreement, provide User Content and to perform the acts required of Licensee and Authorized Users hereunder.
VIII. NO WARRANTIES OR REPRESENTATIONS BY COMPANY
LICENSEE UNDERSTAND AND AGREE THAT THE PRODUCT IS PROVIDED “AS IS” AND EPSOFT, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR BAILMENT OF ITS DATA ON EPSOFT’S SERVERS. EPSOFT, ITS AFFILIATES, SUPPLIERS, AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT, THE SECURITY OF THE PRODUCT, OR THAT THE PRODUCT WILL MEET ANY LICENSEE, AUTHORIZED USERS OR USER’S REQUIREMENTS. USE OF THE PRODUCT IS AT ITS SOLE RISK. LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE OR ITS AUTHORIZED USERS OR USERS RESULTING FROM THE USE OF THE PRODUCT. THE ENTIRE RISK ARISING OUT OF USE, SECURITY OR PERFORMANCE OF THE PRODUCT REMAINS WITH LICENSEE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EPSOFT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF EPSOFT’S OBLIGATIONS. WITHOUT LIMITING THE FOREGOING, THE PRODUCT IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EPSOFT, ITS AFFILIATES, SUPPLIERS AND RESELLERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
IX. LIMITATION OF LIABILITY
IN NO EVENT WILL EPSOFT OR ITS AFFILIATES, SUPPLIERS, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT PRODUCT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF EPSOFT, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EPSOFT’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM AGGREGATE LIABILITY AND LICENSEE’S EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE PRODUCT (IF ANY) IN THE PREVIOUS TWELVE (12) MONTHS.
Licensee shall indemnify, defend and hold harmless EPSOFT, its affiliates, officers, directors, employees, consultants, agents, suppliers, and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees as and when incurred) arising from Licensee’s and/or its Authorized Users’ use of the Product, use of the Account, violation of this Agreement or the infringement or violation by Licensee or any Authorized User of the Account, of any intellectual property or other right of any person or entity.
XI. MODIFICATIONS TO OR DISCONTINUATION OF THE PRODUCT
EPSOFT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. EPSOFT shall not be liable to Licensee, Authorized Users or to any third party for any modification, suspension, termination, or discontinuance of the Product.
EPSOFT may include Licensee’s name and logo in lists of customers used in print, marketing materials, press releases, or online.
XIII. NO AGENCY
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between Licensee and EPSOFT is intended or created by this Agreement.
XIV. WAIVER AND SEVERABILITY
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
XV. STATUTE OF LIMITATIONS
Licensee agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the EPSOFT Product or the Terms of Service must be filed by Licensee within one (1) year after such claim or cause of action arose or be forever barred.
XVI. CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed under the laws of the State of Texas, USA, as applied to agreements entered into and to be performed in Texas by Texas residents. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County Texas, USA.
XVII. ENTIRE AGREEMENT
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. EPSOFT may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of EPSOFT upon Licensee’s or its Authorized Users’ breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on EPSOFT and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to Licensee may be made via either email or regular mail. The Product may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to Licensee generally on the Product. All notices or other correspondence to EPSOFT under this Agreement must be sent to the following electronic mail address: firstname.lastname@example.org or write to us at: EPSOFT Software, LLC 2727 LBJ Freeway Suite 930 Farmers Branch TX 75234 USA.
© 2020 EPSOFT. All rights reserved.
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time EPSOFT decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.
This Policy applies to EPSOFT and it governs any and all data collection and usage by us. Through the use of www.epsoftinc.com, you are therefore consenting to the data collection procedures expressed in this Policy.
Specifically, this Policy will inform you of the following
- What personally identifiable information is collected from you through our website;
- Why we collect personally identifiable information and the legal basis for such collection;
- How we use the collected information and with whom it may be shared;
- What choices are available to you regarding the use of your data; and
- The security procedures in place to protect the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This product collects information mentioned below but not limited to:
- Voluntarily provided information for product registration includes your name, address, email address, phone numbers, company name, job title, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.
- Voluntarily provided personal information from the website includes first name, Last Name and Email address which is maintained in the tool HubSpot to facilitate communication establishment with the users.
- EPSOFT Products has in built IDM systems (LDAP) integrated with customer’s organizational active directory, SSO or Social Logins). Users access products hosted on SAAS platform using the email address and password created during account set up and the application authenticates / authorizes as per roles configured in the platform.
- When using social media account to connect to the product, please note that you agree to have your social media profile data such as your name, telephone number, friends, photo, birthday, gender, location, interests shared with the EPSOFT Product through an Application Programming Interface (API) in a secured manner (transmission over SSL) with the token that is registered in the social website (Google).
- If the information we collect is not listed in this privacy statement, we will give individuals (when required by law) appropriate notice of which other information will be collected and how it will be used. Individuals will be contacted vial email for such cases.
How is the Data Secured?
EPSOFT Inc constantly evaluates and upgrades the security measures implemented to ensure secure and safe personal data processing which includes:
- Physical security measures, access controls, organizational security measure and incident management procedures.
- The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.
- Collected data will not be stored in any individual systems or copied and transferred else where. If need arises to perform such action, explicit consent will be requested from the data subjects with transparency.
- While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.
- Access controls that restrict accessing of data not only by human in the role of admins, but also the product (API’s) restriction with the implementation of authorization along with policies that change from time to time to honor and define the security perimeter.
- The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.
Use of Personal Information Collected
EPSOFT does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names and personal data collected to any third parties. The Information collected is only for below purposes:
- To create & maintain a separate account for each of the customers to ensure data privacy between registered customers in a multi-tenant mode.
- To identify and authenticate access into accounts adding additional security to the system.
Disclosure of Information
EPSOFT may not use or disclose the information provided by you except under the following circumstances:
- as necessary to provide products you have ordered;
- in other ways described in this Policy or to which you have otherwise consented; in the aggregate with other information in such a way so that your identity cannot reasonably be determined.
- as required by law, or in response to a subpoena or search warrant;
- to outside auditors who have agreed to keep the information confidential;
- as necessary to enforce the Terms of Service;
- as necessary to maintain, safeguard and preserve all the rights and property of EPSOFT And Affiliated Companies.
Data Retention Policy
The purpose of this Data retention policy is to outline records that are utilized by the EPSOFT Products. By listing which information to keep and how long records must be retained, we are ensuring the accuracy and security of important records. Employees must uphold this policy and follow the guidelines detailed below.
Employees who access, contribute or manage any electronic data related to the records mentioned above must follow these guidelines.
- Client electronic data will be retained as long as the client remains in good-standing with EPSOFT’s Terms of Service for Product and Support.
- All client data is stored into a database schema that is isolated by tenant. Data retention for individual user's data is retained for their profile data as long as the client remains in good standing and their administrator keeps the account active (e.g. does not delete the user). Once a client is separated from us, we will drop the tenant database which will delete all client information including individual profile information for users related to that client. Usage information is retained for analysis and product enhancement, but it is done in a way that no longer makes the user personally identifiable.
- Personal Information collected on website which includes First Name, Last Name and Email address are maintained in HubSpot tool. If the contact is inactive for 6 months, period data is purged from the system.
- Any communication from EPSoft has ‘unsubscribe’ and ‘manage preferences’ option provided to handle how and whether or not we continue our communication with user. If user opts out of communication from EPSoft, that contact will be removed from communication list in HubSpot. All related data will be deleted from the system. Marketing team takes responsibility of this activity and compliance officer will take accountability of the same to ensure your data is deleted from the system and will not be used further for any purpose..
- Withdrawal of consent is to be done via email. To do so, please send an email to email@example.com. Email will be taken as confirmation to remove all data related to you from our system.
- Retention period of data might be longer than mentioned here in case required by law. During such cases, data subjects will be explicitly notified.
- All client electronic records will be deleted from storage devices on Account deactivation.
- Exceptions will be for non-identifiable usage and performance statistical data (e.g. anonymous usage, feature usage and performance, feature CPU usage, etc.)
Third party websites
Notice to European Union Users
EPSOFT operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.
Your Rights as a Data Subject
Under the regulations of the General Data Protection Regulation ("GDPR") of the EU you have certain rights as a Data Subject. These rights are as follows:
- The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.
- The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to firstname.lastname@example.org.
- The right to rectification: this means that if you believe some of the date, we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request.
- The right to erasure: this means you can request that the information we hold be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of same. You can do this by sending an email to email@example.com.
- The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to firstname.lastname@example.org.
- The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at email@example.com.
- The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to firstname.lastname@example.org.
CHILDREN UNDER 13:
EPSoft collects Personal Information that is provided by: (a) users of the Products (“User”), and (b) visitors to the Website including but not limited to prospective customers or employees or direct contacts with our representatives (collectively, “Visitors”). EPSoft’s Website and Products are not intended for use by children under the age of 13. EPSoft will not knowingly collect personal information from children and will delete such personal information upon discovery.
In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our website at www.epsoftinc.com.
Acceptance of Terms
How to Contact Us
Telephone Number: 844-437-7638
EPSoft Technologies And Affiliated Companies
2727 Lyndon B Johnson Fwy Ste 930
Farmers Branch, TX, 75234 USA
The data controller responsible for the privacy of your personal information for the purposes of GDPR compliance is:
Telephone Number: 844-437-7638
EPSoft Technologies And Affiliated Companies
2727 Lyndon B Johnson Fwy Ste 930
Farmers Branch, TX, 75234 USA
Mar 28th 2021: Updated verbiage on the entire content and mentioned information collected and data retention section in detailed.