eShare Data Privacy Policy

eShare LLC ("eShare", we, or us) is a technology company headquartered in Boston, Massachusetts in the United States of America, which focuses on providing secure e-mail and file sharing services to companies that desire and/or require intra-organizational, secure collaboration capabilities.

eShare complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. eShare has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. eShare has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

For more information about our services, please refer to our website: https://www.eshare.com

Questions or concerns?

Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact your Information Technology department for further information.

Summary of Key Points

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.

1. What personal information do we process?
   
   When you are registered, by your employer, to our Services, we may process personal information depending on how you interact with the Application the choices you make, and the products and features you use.
2. Do we process any sensitive personal information?
   
   We do not process sensitive personal information.‍
3. Do we share your information with third parties and/or will you receive information from third parties as a result of using our Application.
   
   Your information will never be shared with, nor will you receive unsolicited information from third parties as a result of being registered to and using the eShare Secure Collaboration Platform.
4. Sensitive Information:
   
   We do not collect sensitive information to provide you our Services.

This Privacy Policy is applicable to eShare (“we”, “our” or “us”) as related to our services, which collectively include:

1. the use of the eShare Secure Collaboration Platform (“Application”),
2. the use of our products and services.

This Privacy Policy sets out the essential details relating to employee data relationships with eShare as:

1. Customer (“Client”) End-user of the Application (“End User”)
2. Prospective demo and proof-of-concept (POC) clients

Clients contract the use of our Application and give access to their employees and other third parties, as solely decided by the Customer, by creating user accounts for access to the Application with their email address and credentials. The Clients’ administrators grant End Users roles, which result in different permissions and access rights to the information held in the Client account. The eShare Secure Collaboration Platform is contracted by companies to provide their employees the ability to collaborate and share documents securely across the internet. As such, eShare’s contractual commitments align with Customer policies and privacy laws and regulations.

Personal information you disclose to us

In Short: We collect personal information that you or your employer provide to us.

We collect personal information that is voluntarily provided to us when an employee or third party is registered with the Application to provide the advertised services, e.g., to login to the eShare application.

1. First Name and Last Name
2. email addresses
3. usernames
4. passwords (optionally collected and only stored in an unreadable, unrecoverable one-way hash form)

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when the Application is used.

We automatically collect certain information when you use or navigate the Application via the Portal or plugins to your email client. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal auditing and client reporting purposes.

The information we collect includes:

1. Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called “crash dumps”), and hardware settings).
2. Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

In Short: We process your information to provide, improve, and administer Application services, for security and fraud prevention, and to comply with contract obligations to your employer and the law.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

1. To provide the contracted services: We process your information to provide the services contracted with eShare, e.g., to enable login to eShare application.
2. To protect our Services: We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.

What legal basis do we rely on to process your information?

In Short: We only process your personal information when it is necessary to operate the Application in accordance with contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

With respect to personal data received or transferred pursuant to the Data Privacy Frameworks, eShare is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the Data Privacy Frameworks, EU, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under the Data Privacy Frameworks, should direct their query to privacy@eshare.com. If requested to remove data, we will respond within a reasonable timeframe.

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to privacy@eshare.com.  

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

eShare’s accountability for personal data that it receives in the United States under the Data Privacy Frameworks and subsequently transfers to a third party is described in the Data Privacy Framework Principles. In particular, eShare remains responsible and liable under the Data Privacy Framework Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Data Privacy Framework Principles, unless eShare proves that it is not responsible for the event giving rise to the damage.

In compliance with the Data Privacy Framework Principles, eShare commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the Data Privacy Frameworks. European Union, United Kingdom, and Swiss individuals with DPF inquiries or complaints should first contact eShare by email at privacy@eshare.com  

eShare has further committed to refer unresolved privacy complaints under the Data Privacy Framework Principles to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See  https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf  

You are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

1. Consent. We may process your information if you have given permission (i.e., consent) to your employer to use your personal information for a specific purpose.
2. Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
3. Diagnose problems and/or prevent fraudulent activities
4. Legal Obligations: We may process your information where at the request of your employer (our Customer) or where it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
5. Vital Interests. We may process your information where it is necessary and/or required by your employer (Customer) policy or required by law to protect your vital interests or the vital interests of another person, such as situations involving potential threats to the safety of any person.

eShare’s Representative to the European Union pursuant to Article 27 GDPR is Chakra Bokkisam (chakra@eshare.com).

You are located in Canada, this section applies to you.

We may process your information if you have given your employer specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally obligated under applicable law to process your information without your consent, including, for example:

1. Consent. We may process your information if you have given permission (i.e., consent) to your employer to use your personal information for a specific purpose.
2. Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
3. Diagnose problems and/or prevent fraudulent activities
4. Legal Obligations: We may process your information where at the request of your employer (our Customer) or where it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
5. Vital Interests. We may process your information where it is necessary and/or required by your employer (Customer) policy or required by law to protect your vital interests or the vital interests of another person, such as situations involving potential threats to the safety of any person.

In Short: We keep your information for as long as necessary to fulfill the service commitments to our Customers or purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by the Customer or by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the business relationship between you and your employer or eShare and the Customer.

When we have no ongoing legitimate business need to store or process personal information, we will delete such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process.

In Short: We do not knowingly collect data from to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you and your company represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at privacy@eshare.com.

In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), Switzerland and Canada, you have rights that allow you greater access to and control over your persona/ information. Changes and/or terminations to your account must be expressed through eShare’s contracted Customers. eShare cannot process direct requests by individual persons. All such requests must be processed by a valid Customer contact.

In some regions (like the EEA, UK, Switzerland and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting the appropriate contacts within your employer (our Customer).

We will consider and act upon any request in accordance with applicable data protection laws provided that they are relayed to eShare from the person’s employer (our Customer).

If you are located in the EEA, Switzerland or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here:

https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here:
https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting the appropriate department within your employer. eShare will promptly act upon such requests as they are requested by an eShare Customer.

However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you have questions or comments about your privacy rights, you may email us at privacy@eshare.com.

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your persona/ information. As eShare’s contractual relationship and obligations are between eShare and our customers, any inquiries or requests must be channeled through the appropriate persons within your employer (our Customer).

CCPA Privacy Notice

The California Code of Regulations defines a “resident” as:

1. every individual who is in the State of California for other than a temporary or transitory purpose and
2. every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
3. All other individuals are defined as “non-residents”.

If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information. However, due to the transitive nature of eShare’s relationship with you, any and all inquiries and requests must be directed from the eShare Customer.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

We may also collect other personal information outside of these categories instances where you interact with us in person, online, or by phone or mail in the context of:

1. Receiving help through our customer support channels;
2. Facilitation in the delivery of our Application Services and to respond to your inquiries.

We may also collect other personal information outside of these categories instances where you interact with us in person, online, or by phone or mail in the context of:

How do we use and share your personal information?

If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf. Such agents must also engage with the individual’s employer (our Customer). No direct inquiries or requests will be processed by eShare without the approval and involvement of the eShare Customer (your employer).

Will your information be shared with anyone else?

1. eShare has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months.
2. eShare will not share nor sell personal information in the future belonging to website visitors, users, and other consumers.

Right to request deletion of the data — Request to delete

Requests for the deletion of your personal information must come formally from eShare’s customer (your employer). If asked to delete personal information, eShare will respect that request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) our contractual obligations to our Customer, compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Registration of users and the verification of identity is the responsibility of the eShare Customer and their designated administrators. eShare does not perform identity verification on its users as all users of the Secure Collaboration Platform are authorized by eShare’s Customers. eShare operates under the assumption that user identities have been validated by their employer (our Customer) and that all use is appropriate and compliant with eShare and the Customer’s Acceptable Use Policies.

Other privacy rights

The following rights must be exercised with the individual’s employer (our Customer). Requests received from eShare’s Customer will be promptly honored. Due to the nature of contractual relationship(s), eShare cannot process inquiries or requests made directly by individuals to eShare. Your rights are as follows:

1. You may object to the processing of your personal information.
2. You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
3. You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify your employer either by prominently posting a notice of such changes or by directly sending your employer a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

If you have questions or comments about this notice, you may email us at privacy@eshare.com or by post to:

eShare
303 Wyman St Ste 270
Waltham MA 02451-1245 USA

eShare’s Representative to the European Union pursuant to Article 27 GDPR is Chakra Bokkisam (chakra@eshare.com).

In Short – Through your employer. Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please consult the appropriate party within your organization (our Customer).