NYHA Corp. dba ESKU (Non-Product) Privacy Notice

This privacy notice explains how NYHA Corp. dba ESKU.AI (referred to as “we,” “us,” or “our”) collects, uses, and protects your personal information when you visit our website, engage with us at an event, or when we identify your business as a potential customer. This notice also covers how we handle your personal information when you contact us via forms, request a demo or quote, use our Chatbot, call us, or visit our offices.

If you’re based in the USA, this notice also serves as our Privacy Policy, as required by certain state privacy laws.

We aim to keep this notice concise and accessible, recognizing that privacy laws in the USA, UK, and EU can be complex. Rest assured, we take the security and privacy of your data seriously and have robust systems in place to protect it.

1. Who We Are

We operate under the name NYHA Corp. dba ESKU, a provider of eCommerce software and services. Our primary platform is operated by NYHA Corp., a New York-based company, with its registered office located at 129 26th Street, Ste 3, Brooklyn, NY 11232.

We are subject to applicable data protection laws in the USA, UK, and EU, ensuring your personal data is handled appropriately.

2. Categories of Data We Collect & Lawful Basis

Website Visitors

When you visit our website, fill out forms, request demos or marketing materials, or contact us through various channels, we may collect the following data:

• Contact Data: First and last name, company name, job title, email address, phone number, company website, and business location.
  • Lawful Basis (UK/EU): Legitimate Interest.
• Technical & Usage Data: Your IP address, browser type, time zone, device information, and usage statistics.
  • Lawful Basis (UK/EU): Legitimate Interest for essential cookies; Consent for analytics and marketing cookies.
• Marketing & Communication Data: Your preferences for receiving marketing communications.
  • Lawful Basis (UK/EU): Legitimate Interest (business-to-business communications).

Prospects & Leads

If we identify your business as a prospect, we may collect personal data from publicly available sources or through partners:

• Identity and Contact Data from partners, resellers, or public sources like LinkedIn or business websites.
  • Lawful Basis (UK/EU): Legitimate Interest.

Consent

When you subscribe to receive marketing materials or agree to marketing cookies, we process your data based on your consent. You can withdraw consent at any time by opting out of marketing communications.

3. Purpose of Data Collection

We collect your information to:

• Manage and grow our business;
• Respond to inquiries;
• Identify potential business customers;
• Provide relevant offers and services;
• Serve targeted website content and advertisements;
• Measure the effectiveness of our marketing efforts;
• Ensure the security and performance of our website.

You can opt out of marketing communications at any time using the unsubscribe link in our emails or by contacting us at marketing@esku.ai.

4. Who We Share Data With

In certain cases, we may share your data with third parties to provide services on our behalf, including:

• Customer relationship management (CRM) providers;
• Website hosting and support services;
• Chatbot service providers;
• Cloud hosting and IT service providers;
• Marketing and PR agencies.

We may also share your data within our group of companies to provide technical support, cross-sell or upsell services, or assist with customer projects.

In the event of a business sale, merger, or reorganization, your data may be shared as part of that process.

5. Data Transfers Outside the UK/EU

If we transfer your personal data outside the UK or EU, we ensure it is protected by implementing appropriate safeguards, such as:

• Transferring data to countries recognized by the European Commission for adequate data protection;
• Using standard contractual clauses or other legally accepted mechanisms.

For more information on the safeguards we use, please contact us at privacy@esku.ai.

6. Data Retention

We retain personal data only as long as necessary for the purposes for which it was collected. For example, we retain marketing data until you unsubscribe or request deletion. Contract-related data is typically retained for 6 years for legal or accounting purposes.

We may anonymize data for research or statistical purposes, in which case it can be used indefinitely without further notice.

7. Your Rights Over Your Data

UK/EU Residents’ Rights

You have several rights under data protection laws, including:

• The right to be informed about how your data is collected and used;
• The right to access your personal information;
• The right to request correction or deletion of your personal data;
• The right to restrict or object to data processing.

US Residents’ Rights

Your rights depend on the state in which you live. If you’re a resident of California, Colorado, Connecticut, or other states with privacy laws, you may have additional rights, such as:

• The right to know what personal data we’ve collected about you;
• The right to request deletion of your personal data;
• The right to correct inaccurate personal data;
• The right to opt out of the sale of your personal data (though we do not sell personal data).

If you’d like to exercise any of these rights, please contact our Data Protection Officer at dpo@esku.ai.

8. Cookies and Third-Party Websites

For further details on cookies, please visit our Cookies Policy Page. Our website may contain links to third-party sites, which have their own privacy policies. We are not responsible for those third-party policies.

9. Queries and Complaints

If you have concerns or questions about how we handle your personal data, you can reach out to our Data Protection Officer at dpo@esku.ai.

For UK residents, you have the right to file a complaint with the Information Commissioner’s Office (ICO). If you are in the EU, you can file complaints with your local data protection authority. However, we would appreciate the opportunity to address your concerns first, so please contact us directly.

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