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Product Privacy Notice

ESKU INC. dba ESKU Product Privacy Notice

This privacy notice explains how ESKU INC. dba ESKU (referred to as “we,” “us,” or “our”) looks after your personal information when you use our products and services. If you are in the USA, this notice also serves as our Privacy Policy, as required by certain state privacy laws.

We’ve aimed to keep this notice straightforward and accessible, recognizing that many may not take the time to read it. However, for those that do, this notice contains essential information you have a legal right to know, particularly under European, UK, and US privacy laws. While we take your privacy and data security very seriously, the detailed controls we have in place to protect your data are not included here but can be found on your product dashboard.

1. Who We Are

We operate under the name ESKU INC. dba ESKU, which provides eCommerce software and services. Our products are managed by ESKU INC., a New York-based company with its registered office at 129 26th Street, Ste 3, Brooklyn, NY 11232, USA.

We adhere to applicable data protection laws in the UK, EU, and the USA concerning the handling of personal data.

2. Categories of Data We Collect & Lawful Basis

We collect the following types of information when you use our services:

  • Identity and Contact Data: This includes the names, job titles, email addresses, and phone numbers of you and your employees, as well as business details and invoicing information.
    • Lawful Basis: Contract.
  • Transaction Data: Information about payments, services, and products purchased.
    • Lawful Basis: Contract.
  • Profile Data: Usernames and passwords for accessing our platforms.
    • Lawful Basis: Contract.
  • Technical Data: Customer IP addresses and login activity.
    • Lawful Basis: Legitimate Interest.
  • Marketing Data: Contact details for sending promotional materials.
    • Lawful Basis: Legitimate Interest.

Our Legitimate Interest means that we collect data to ensure the effective operation and security of our products, monitor performance, improve services, and provide marketing materials that could benefit your business.

3. Purpose of Data Collection

We collect your data to:

  • Provide you with the ESKU INC. dba ESKU product and services;
  • Ensure our platform operates securely and efficiently;
  • Monitor performance and identify areas for improvement;
  • Offer marketing communications about other services that may benefit your business. You can unsubscribe at any time via the unsubscribe link in marketing emails or by contacting marketing@esku.ai.

4. Who We Share Data With

We may share your personal data with third-party service providers who help us deliver our services, including:

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

We may also share data with our group companies for technical support, product development, and marketing purposes.

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

5. Data Transfers Outside the UK/EU

If we transfer personal data from the UK or EU to a country outside of those jurisdictions, we ensure a similar level of protection by using one of the following safeguards:

  • Transferring data to countries recognized by the European Commission as providing adequate protection for personal data;
  • Implementing standard contractual clauses approved by the European Commission.

If you would like more information on the specific mechanisms we use, please contact us at privacy@esku.ai.

6. Data Retention

We will retain PII for no longer than 30 days after order delivery and only for the purpose of, and as long as is necessary to (i) fulfill orders, (ii) calculate and remit taxes, (iii) produce tax invoices and other legally required documents, and (iv) meet legal requirements, including tax or regulatory requirements. Developers may retain data for over 30 days after order delivery only if required by law and only for the purposes of complying with that law.

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 reside. If you live in California, Colorado, Connecticut, or other states with privacy laws, you may have additional rights, such as:

  • The right to know what personal data we have 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

We use cookies to improve your experience on our platforms. For more details, visit our Cookies Policy Page. Our products may contain links to third-party websites. We do not control these websites and are not responsible for their privacy practices.

9. Queries and Complaints

If you have any concerns about how we handle your personal data, please contact 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). For EU residents, you can file complaints with your local data protection authority. However, we’d appreciate the chance to resolve your concerns first, so please contact us directly.

10. NYHA Corp. dba ESKU as a ‘Data Processor’

We provide automated eCommerce platforms for inventory, order management, shipping, and stock forecasting, acting as a data processor (or “service provider” in the US) for your customers’ data. The type of personal data we process for your customers typically includes their name, email address, phone number, transaction history, and other relevant information.

For any questions about our data processing responsibilities or to request a Data Processing Agreement, contact data.processing@esku.ai.

Last Updated: October 5, 2024