Privacy Notice

Last updated: January 6, 2020 

This Privacy Notice is incorporated by reference into the company website.  

In this Privacy Notice, we refer to Essence Security International Ltd. (ESI),Essence SmartCare  (ESC) Ltd. and Essence Interactive Center (EIC), and their subsidiaries and associated companies as “we” or “us” or “our”, and we refer to you as “you” or “your”. 

We are the data controller for the data practices explained in this Privacy Notice. 

We comply with applicable data privacy and protection law. This means that when processing personal information for any purpose we must ensure it is: 

1.How We Collect Information, for What Purposes and Our Legal Basis for It 

This Privacy Notice is to inform you of our policies and procedures regarding the collection, use and disclosure of information we receive when you do any of the following (“Relevant Services”):  

• Visit the Essence website at www.essence-grp.com (the “Site”) 
• Fill out a contact form for the purposes of technical or other support or to inquire regarding business opportunities 
• Willingly provide your personal information for the purposes of a current or potential business engagement  

Our legal basis for processing your data is our legitimate interest: it is necessary to collect and retain this information for the purposes of managing our business relationships, or pursuing a potential business relationship with you.  When you ask for technical support, our additional legal basis for processing your data is providing you the support you requested (‘performance of a service contract’).  

We use your data in order to provide the Relevant Services. Although you freely provide the information at your discretion, the information that we collect from you is required for us to provide you with the Relevant Services. 

1.1 The Personal Information we collect 

In the course of using the Relevant Services, we ask you to provide us with certain personal information (“Personal Information”). 

Personal Information includes, your name, contact details and professional details. 

We also process statistical analytics information about your use of the Relevant Services, such as general behavior patterns, IP address (and the general location corresponding to the address), time and date of access, type of browser used, language use, links clicked and the web pages you accessed.  

We do not knowingly collect personal information from children under the age of 18.  

1.2 Third Parties Receiving Information and International Data Flows 

Some of our services rely on third parties with whom we share some user information for the purpose of providing and maintaining these services to our users.   

These third parties include service providers that are authorized to use your personal information only as necessary to provide these services to us and our users, and not for their own promotional purposes. A list of these service providers is available at this link. 

We do not rent or sell your information to any third party. 

Any transfer of data outside your region to any third party service provider is done only to countries with adequate data protection, as defined by relevant regulations. 

Our services may be accessed internationally by us for the purpose of day to day use or service maintenance. 

We reserve the right to disclose any information obtained by us if required by law or by any governmental authority; in case of emergency; or to a successor entity in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of our assets. 

1.3 Retention Period 

We will retain your personal information for as long as you use the Relevant Service, and for a period afterward, as dictated by a reasonable backup policy and any relevant regulations. 

1.4 Security 

We are concerned with safeguarding your information. We employ a variety of organizational and technical security measures designed to protect your information from unauthorized access and disclosure.  

Your information is protected, in compliance with ISO 27001 standards, using state of the art technical security measures, such as: 

• Encryption and authentication mechanisms 
• Regular threat and vulnerability assessment 
• Physical site security  

We also take various organizational measures to ensure data security, such as: 

• Lawful data processing reviews 
• Privacy impact assessments 

We cannot guarantee that your personal information or private communications will always remain private and secure. We are obliged to notify you of any security breach resulting in high risk of private data exposure.  

1.5 Cookie Policy 

Like many websites and applications, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer or mobile device for record-keeping purposes. You can instruct your browser or device, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the website you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Relevant Services. We may present links in a format that enables us to keep track of whether these links have been followed. 

2. Contacting Us 

If you have any concerns or questions about this Privacy Notice or would like to lodge a complaint, please contact our data protection officer or our EU representative at +972 (0)73 2447777, DPO@essence-grp.com. 

3.   Information for California consumers under the California Consumer Privacy Act (CCPA)

This is the information we have collected in the past 12 months about consumers using our Relevant Services

Categories of personal Information	Specific Types of Personal Information Collected	Source of Information
Identifiers	Name, contact details	The user themselves
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual	The content of your message to us	The user themselves
Internet or other electronic network activity information	Your usage patterns of the Relevant Services, IP address (and the general location corresponding to the address), time and date of access, type of browser used, language use, links clicked and the web pages you accessed	The user´s devices
Proffesional Information	Proffesional details	The user themselves

The following are the business or commercial purposes for which we use each category of personal information. Details about the information we collect for each category are provided in the table above.

Categories of personal Information	Business or commercials purposes pursuant to CCPA	Specifics purposes
Identifiers	Providing customer service, processing or fulfilling orders and transactions, verifying customer information	To provide our products and services To verify your identity To communicate with you
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual
Professional Information	Auditing relating to a current transaction with the customers	To improve our products and services and prevent fraud. To receive feedback from you and inquire about any features you would like to see in future products and to promote new products or services . Analyze our user database to review preferences and trends for our own internal statistical and analytical purposes.
Internet or other electronic network activity information	Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, prosecuting those responsible for that activity. Undertaking internal research for technological development and demonstration. Undertaking activities to verify or maintain the quality of the service and to improve, upgrade or enhance the service Debugging to identify and repair errors

Please note that we do not sell your data and we have not done so in the preceding 12 months.

YOUR RIGHTS AS A CALIFORNIA RESIDENT UNDER THE CCPA

Disclosure of Personal Information We Collect About You	You have the right to know: ·   The categories of personal information we have collected about you; ·    The categories of sources from which the personal information is collected; ·    Our business or commercial purpose for collecting personal information; ·    The categories of third parties with whom we share personal information, if any; ·    The specifics pieces of personal information we have collected about you;
Right to deletion	Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: ·   Delete your personal information from our records; and ·   Direct any service providers to delete your personal information from their records. Please note that we may not delete your personal information if it is necessary to: ·   Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; ·   Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; ·   Debug to identify and repair errors that impair existing intended functionality; ·    Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; ·    Comply with the California Electronic Communications Privacy Act; ·     Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; ·    Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; ·   Comply with an existing legal obligation; or ·   Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Protection against discrimination	You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things: ·  Deny goods or services to you; ·  Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; ·   Provide a different level or quality of goods or services to you; or ·    Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services. Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information.
Designate an authorized agent to submit CCPA requests on your behalf	You may designate an authorized agent to make a request under the CCPA on your behalf. To do so, you need to provide the authorized agent written permission to do so and the agent will need to submit to us proof that they have been authorized by you. We will also require that you verify your own identity, as explained below.

If you would like to exercise any of your CCPA rights as described above, you should either:

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal data requested to you, by using a two or three points of data verification process, depending on the type of information you require.

Rev. 1.5

TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS (THE “TERMS”) GOVERN THE USE OF ESSENCE REMOTE ASSISTANCE AND SECURITY SYSTEMS AND RELATED SOCIAL ALARMING, MONITORING AND SECURITY APPLICATIONS (the “PRODUCT”). THESE TERMS CONSTITUTE A BINDING CONTRACT BETWEEN ESSENCE INTERACTIVE CENTER S.L. (NIF B82564824) (“WE”, “OUR” OR “ESSENCE”), AND YOU – THE USER OF THE PRODUCT (“YOU”, “YOUR” OR “CUSTOMER”). ANY USE OF ESSENCE PRODUCTS IS SUBJECT TO AND EXPRESSLY CONDITIONED ON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND YOUR ACCEPTANCE THEREOF. ANY AMENDMENTS TO THESE TERMS AND CONDITIONS MUST BE WRITTEN AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF ESSENCE. IF A BINDING AGREEMENT HAS BEEN SIGNED BY YOU AND ESSENCE, SUCH AGREEMENT SHALL PREVAIL IN THE EVENT OF ANY CONTRADICTION WITH THESE TERMS AND CONDITIONS.

1. Interpretation. The term “including”, means including, but not limited to, and without limitation, to the generality of the preceding phrase. All examples in the Terms and all “i.e.” and “such as” notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality.
2. Price. Essence shall sell the Products to Customer at Essence’ prices then in effect on the date of Customer’s orders.  Essence may increase the price for any Product freely, provided that any signed quotes preceding such price increase shall remain unchanged.
3. Payment Terms. Products shall be invoiced by Essence on the date shipped.  Customer shall pay Essence’s invoices for the Products prior to any shipment of Products, or otherwise in accordance with such other due dates as explicitly specified in the invoice, plus any applicable taxes and shipping.  In the event that a due date falls on a Saturday, Sunday or a national holiday, Customer may make payment on the next business day. Any late payment shall accrue interest at the monthly rate of the lesser of (i) one percent (1%), or, (ii) the maximum interest allowable under applicable law.  Interest will accrue daily beginning as of the date the payment is due until actual payment is made.
4. Delivery. Essence shall deliver the Products under the delivery terms and shipment method agreed between the parties in a specific binding quote or invoice. Immediately upon Customer’s receipt of the Product (but only at such time), Customer may inspect the Products and notify Essence in writing of any shortages, damages, or shipping errors (“Defects”). In the event of such notification of Defect, Customer shall hold the Product for Essence’s written instructions concerning disposition. If Customer fails to so notify Essence within five (5) days after the Product has been received by Customer, such Product shall be deemed accepted by the Customer.
5. Returned Goods. Customer shall have the right to return Products with Defects to Essence for credit, in accordance with Essence instructions, and Essence shall process and provide appropriate credits to Customer with respect to Product returns, all in accordance with these Terms.  Customer must notify Essence of its intent to return Products and will obtain return authorization from Essence in advance.  Such authorization shall not be unreasonably withheld by Essence.  Products shall be eligible for return only within one (1) month after delivery to Customer.
6. Restrictions.
   • 6.1 The Customer may not modify, make derivative works of, disassemble, de-compile or reverse engineer any part of the Product.
   • 6.2 The Customer may not use the Product in order to develop, or create, or permit others to develop or create, a similar or competitive product.
   • 6.3 The Customer may not perform or attempt to perform any of the following: (i) breaching the security of the Product, or identifying any security vulnerabilities thereof; (ii) interfering with, circumventing, manipulating, impairing or disrupting the operation, or the functionality of the Product; (iii) working around or circumventing any technical limitations in the Product; or (iv) using any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Product.
   • 6.4 THE CUSTOMER MAY NOT USE THE PRODUCT FOR ANY ACTIVITY THAT CONSTITUTES, OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LAW..THE CUSTOMER MAY NOT USE THE PRODUCT FOR ANY ACTIVITY THAT CONSTITUTES, OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LAW.
   • 6.5 FOR THE AVOIDANCE OF DOUBT, THE PRODUCT IS NOT TO BE CONSIDERED OR USED AS A LIFE-SAVING DEVICE OR MEDICAL DEVICE AND IS NOT SUBJECT TO ANY SUCH REGULATORY SUPERVISION.
7.   Intellectual Property.
   • 7.1 The software component of the Product (the “Software”) is a proprietary product of Essence or its licensors, protected under copyright laws and international copyright treaties, patent law, trade secret law and other intellectual property rights of general applicability.
   • 7.2 All rights, title and interest, evidenced by or embodied in (i) all inventions (regardless of patentability), patents and patent applications; (ii) all trademarks, trade dress, trade names and service names, whether registered or not; (iii) all copyrightable works, author’s moral rights, performance rights and database rights; (iv) all trade secrets; (v) all mask works and integrated circuit designs; (vi) all utility designs and industrial designs; and (vii) all goodwill and all other intangible proprietary right and other similar proprietary, in whatever form or medium, in any jurisdiction worldwide, in and to the Software and any part thereof, including computer code, graphic design, layout and the user interfaces of the Software, and all derivatives, improvements and variations thereof, whether or not based on or resulting from any feedback provided by the Customer, are and will remain at all times, exclusively owned by, or licensed, to Essence. Other than the rights expressly granted herein, no other right, title, interest or license in or to any of the foregoing elements regarding the Software, are granted, sold, transferred, assigned or shared with the Customer.
   • 7.3 The Customer acknowledges that all technical and non-technical information and materials regarding the Software, its functionality, capabilities, structure, design and all other details related thereto, all constitute proprietary confidential information of Essence and its affiliates. The Customer will treat all such information as confidential in a manner no less protective than it uses to protect its own similar assets, but in no event less than reasonable care. The Customer will not disclose such confidential information, or have them disclosed, directly or indirectly to any third party without Essence’s prior written consent.
8.  GUARANTEE CLAUSE. ESSENCE  guarantees the products against all defects or faults in the materials supplied during the guarantee period, and undertakes to compensate the customer for any sums that may be claimed from the latter as a result of defects or faults in accordance with the Civil Code.
9.  LIMITATION OF LIABILITY. Except as otherwise provided by mandatory law, the maximum amount of ESSENCE’s liability for any item to its counterparty under this Agreement shall be limited to 10% of the amount actually collected by Essence from time to time under this Agreement.  In addition the Parties agree to the complete exclusion of liability for ESSENCE in respect of indirect or consequential damages, including but not limited to any damages or loss of profits and/or loss of data, consequential or punitive damages, penalties and claims of third parties, and any costs or expenses arising therefrom, or any other form or formula of liability, arising out of or in connection herewith with the subject matter of the Agreement, including any consequence of the use of the Product, the inability to use the Product or to provide output data; any damage to or loss of data; any error, total or partial lack and incorrectness or inadequacy of output data, or failure to alert any user of the Product; or any other failure, error. In no event shall any liability arise under this contract for employees, officers, directors, shareholders, consultants acting on behalf of ESSENCE. ESSENCE assumes no liability to any third party other than its counterparty to this Contract unless expressly agreed. Any claims by third parties on any grounds whatsoever are expressly excluded.
10. Any liability in respect of ESSENCE’s performance under this contract shall be subject to the foregoing terms, it being expressly agreed by the parties to expressly exclude from any action or claim ESSENCE’s employees, officers and/or directors, who shall be exonerated and held harmless from any liability except as expressly provided by applicable law.
11. Indemnity. The Customer shall indemnify and hold harmless Essence and anyone acting on Essence’s behalf, from, and against, any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, allegation or demand arising from or in connection with: (a) Customer’s breach of these Terms; or (b) Customer use of the Product; (c) Customer’s  violation or infringement of any other person’s rights committed by using the Product.
12. Governing Law and Venue. these Terms shall be governed by and construed in accordance with the substantive laws of Spain and each party consents that any such action or proceeding may be brought only in the competent courts of Madrid, Spain.
13. Assignment. Customer may not assign these Terms or part thereof without Essence’ prior written consent. Any such attempted assignment will be annulled and deemed void.  Essence may assign these Terms or any part thereof without Customer’s consent
14. Complete Terms and Severability. these Terms constitute the entire and complete agreement between the Customer and Essence concerning the subject matter herein. these Terms supersede all prior oral or written statements, understandings, negotiations and representations with respect to the subject matter herein. If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions will remain in full force and effect. these Terms may be modified or amended only in writing, signed by the duly authorized representatives of both parties.
15. No waiver. Neither party will, by mere lapse of time, without giving express notice thereof, be deemed to have waived any breach, by the other party, of any terms or provisions of these Terms. The waiver, by either party, of any such breach, will not be construed as a waiver of subsequent breaches or as a continuing waiver of such breach.
16. Subsequent dealings. The parties acknowledge and agree that these Terms do not bind or obligate either party to enter into any subsequent commercial or licensing agreements between them. Any subsequent use of the products or provision of service following the Trial Period will be subject to a separate agreement under terms to be agreed to by the parties.