Privacy Policy | EmsensePro

1. About This Policy

EmsensePro is committed to protecting our customers' privacy. Please take the time to review this Privacy Policy (the "Policy") which explains what information we collect about you, how we use it, and your rights. This Policy provides important information and you should not use any services on emsensepro.com (the "Website") without first reading this Policy.

EmsensePro LLC, trading as EmsensePro ("EmsensePro", "we" or "us"), is the data controller and processor of the personal data collected via or in connection with the Website.

This Policy is prepared in accordance with the California Consumer Privacy Act (CCPA) of 2018, the California Privacy Rights Act (CPRA), and other applicable US state privacy laws (including Virginia, Colorado, Connecticut, Utah, and Texas). Depending on the state in which you reside, some sections of this Policy may not apply to you, as further explained below.

2. What Information We Collect About You and Why

The table below summarizes the categories of personal information we collect, why we collect it, the legal basis under applicable US law, and how long we keep it.

Why we collect information about you	What information we collect	Legal basis under US law	How long we keep it
2.1 To process your purchase requests on the Website	First name, last name, delivery address (street, city, state, ZIP), telephone number, email address, paid purchase price in USD.	Performance of a contract with you.	1 year after you make a purchase on our Website.
2.2 To process payments on the Website	First name, last name, delivery address, telephone number, email address, paid purchase price (USD), credit card brand, type, BIN number, and credit card issuer country.	Performance of a contract with you so we can collect payments.	As long as you have a subscription with us and 1 month after you terminate your subscription.
2.3 To process recurring purchase requests on the Website	Unique data "token" identification number.	Your consent.	1 year after you make a purchase on our Website.
2.4 To provide you with personalized offers, marketing materials, and special discounts	IP address, email address, telephone number.	Your consent.	1 month after you visit the Website.
2.5 To ensure security of the Website	IP address or other device address or ID, web browser and/or device type, hardware and software settings and configurations, the web pages or sites that you visit just before or just after visiting the Site, the pages you view on the Site, your actions on the Site, and the dates and times that you visit, access, or use the Services. When you use the Site on a mobile device, we may also collect the physical location of your device using satellite, cell phone tower, or wireless local area network signals.	Our legitimate interest in keeping our Website secure.	1 month after you visit the Website.
2.6 To manage our accounts on social media where you interact with us via our social media accounts	Name and surname, e-mail address, gender, state, picture, message, time and date the message was received, content of the message, message attachments, response to the message, time of response, information about our rating, comments on a post, post shares, information about post reactions.	Your consent.	2 years.
2.7 To manage customer reviews, testimonials and other feedback	Name, surname, e-mail address, image/picture associated with your account, time and date when the message was received, the content of the message.	Your consent.	2 years after receiving your feedback or message.
2.8 To handle queries, requests and complaints submitted by you	First name, last name, e-mail address, state, telephone number, subject of your inquiry, date of your inquiry, content of your inquiry, attachments to your inquiry, our reply to your inquiry.	Your consent and our legitimate interest in handling your queries.	2 years from the moment your last inquiry was received.
2.9 To contact you in case of an unfinished order, or when your order or payment was not successfully processed due to technical errors	First name, last name, email, telephone number, contents of the abandoned cart.	Performance of a contract and our legitimate interest in processing orders and payments.	1 month after an unsuccessful purchase order is placed on the Website.
2.10 To protect our rights and interests in legal proceedings	Information listed under Paragraph 2.1 above, documents and attachments sent to you, documents and attachments submitted by you, procedural documents, court rulings, resolutions, decisions.	Our legitimate interest in defending our rights in legal proceedings.	10 years following the termination of your account with our Website or, in case legal processes were initiated, following termination of such legal processes.
2.11 To protect our rights and interests in criminal proceedings	If a criminal case arises we can collect information about criminal offenses and convictions of the offender.	Necessary for the establishment, exercise, or defense of legal claims.	10 years following the termination of your account with our Website or, in case legal processes were initiated, following termination of such legal processes.

3. Which Information You Have to Provide Us With

Please refer to Section 2 above — you have to provide us with the information we need to process the orders that you submit on the Website, as well as to handle your inquiries, requests, claims, etc. If you do not provide us with this information, we will not be able to provide you with services or fulfill your orders.

4. What We Do With Your Personal Data

We use your information for the purposes specified in Section 2 above. These are the main groups of actions we take with your personal information:

We use your information to process your purchase request and deliver your purchases to you within the United States;
We use your information to send you marketing and promotional materials;
We use your information to contact you from time to time to inform you about discounts, special deals, or offers, or to provide general information about our products and services;
We transfer your personal information to third parties that are our service providers or business partners when that is needed for fulfilling your orders, when that is necessary for protecting our rights, or when our partners have specific products we think might be interesting to you;
We may use your payment information "token" described in Section 2.3 above and transfer it to our partner companies if you ask us to save your payment information for future purchases.

If you agree to receive marketing SMS, we may also transfer your phone number details to our partners or companies that belong to our corporate group. Neither we nor our partners will send you any marketing SMS if we don't have your permission to do so.

We may send you short marketing text messages (SMS) if you opt in on the Website. You can cancel your permission to receive marketing SMS at any time by replying "STOP" to any message you receive from us. We will not send you marketing SMS more than 3 times per week. Our marketing SMS messages are free of carrier fees; however, message and data rates from your wireless carrier may apply.

5. Sharing Your Personal Information

We share your personal information with the following categories of recipients:

Financial institutions that handle payment processing and banks to which your paid amounts are transferred for us;
Attorneys, paralegals, notaries, auditors, consultants, IT service providers, electronic communications service providers, insurance companies, archiving services, and other subjects that provide services to us;
Courts, law enforcement, and other state or federal institutions, when we are required by law to do so, or if you violate this Policy or the Terms of Service of the Website;
Third-party partners to verify your identity in connection with your use of certain aspects of the Website;
Our marketing partners to deliver you personalized marketing content;
Our shipping services partners (such as USPS, UPS, FedEx) to deliver your purchases to you;
Our Website online store management system service provider;
Our group companies if you decide to make a purchase with them and we have received your prior permission to do that;
Analytical tools service providers (such as Google Analytics).

If you choose a direct payment gateway to complete your purchase, our payment processor stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. All direct payment gateways adhere to PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

If you choose to pay using Klarna, PayPal Express Checkout, Shop Pay, or Apple Pay, you will provide certain personal data (such as your contact and payment details) directly to that payment provider through their own checkout interface. We do not collect or have access to your full payment credentials. The payment provider acts as an independent data controller for the personal data you provide to them, which they use to offer a pre-filled checkout experience and to process your payment. For more information on how Klarna processes your personal data, please review Klarna's Privacy Policy.

In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies for the information we are required to provide to them for your purchase-related transactions. We recommend that you read their privacy policies so you can understand how your personal information will be handled by these providers.

We may share your data with third-party marketing partners for advertising purposes. Certain providers may be located in jurisdictions different from yours. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our store's website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website's Terms of Service. When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

6. Information Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL/TLS). Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

If you choose to pay using Klarna or PayPal Express Checkout, you will provide certain personal data (such as your contact and payment details) directly to Klarna or PayPal through their own checkout interface. We do not collect or have access to your full payment credentials. Klarna or PayPal acts as an independent data controller for the personal data you provide to them, which they use to offer a pre-filled checkout experience and to process your payment. For more information on how Klarna and PayPal process your personal data, please review Klarna's Privacy Policy and PayPal's Privacy Statement.

7. Selling / Buying Personal Information

If you are a resident of the United States, we may "sell" or "share" (as those terms are defined in the CCPA/CPRA) or purchase the following categories of personal information:

Identifiers data;
Characteristics of protected classifications under California and federal law;
Internet/electronic activity;
Commercial information; and
Inferences drawn from the categories described above to create a profile about you reflecting your preferences, characteristics, behavior, and attitudes.

We only "sell," "share," or "buy" your personal information to or from carefully selected, trusted partners and/or digital advertising networks. We do not knowingly sell or buy any personal information of minors under the age of 16. You have the right to opt out of the sale or sharing of your personal information at any time by emailing privacy@emsensepro.com or by clicking the "Do Not Sell or Share My Personal Information" link in our Website footer.

8. California Residents' Rights Under the CCPA / CPRA

If you are a California resident, you have the rights set forth below under the CCPA/CPRA. Please see the sub-sections below for a description of your rights and instructions on how to exercise them. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of personal data shall control to the extent of such conflict. If you have any questions, please contact us at privacy@emsensepro.com.

Right to Know

You may request that we disclose what personal information we have collected about you, the sources of that information, the business or commercial purpose for collecting it, the categories of third parties with whom we have shared it, and the specific pieces of personal information we have collected about you.

You can submit your request by emailing us at privacy@emsensepro.com.

We will respond to your "Right to Know" request within 45 calendar days. If necessary, we have the right to extend our response deadline by another 45 days (90 days total) by notifying you. We may refuse to accept your "Right to Know" request and not disclose your personal information if:

We are unable to verify your request;
The request is manifestly unfounded or excessive, or we have already provided personal information to you more than twice in a 12-month period;
We cannot disclose certain sensitive information, such as your Social Security number, financial account number, or account passwords, but we must tell you if we're collecting that type of information;
Disclosure would restrict our ability to comply with legal obligations, exercise legal claims or rights, or defend legal claims;
If the personal information is certain medical information, consumer credit reporting information, or other types of information exempt from the CCPA;
For other reasons specified in California Civil Code section 1798.145.

Right to Delete

You may request that we delete personal information we have collected from you and direct our service providers to do the same. However, many exceptions allow us to keep your personal information.

You can submit your deletion request by emailing us at privacy@emsensepro.com.

We will respond to your request within 45 calendar days. If necessary, we have the right to extend our response deadline by another 45 days (90 days total) by notifying you. We may refuse to accept your deletion request if:

We are unable to verify your request;
The request is manifestly unfounded or excessive, or we have already provided personal information to you more than twice in a 12-month period;
We cannot disclose certain sensitive information, such as your Social Security number, financial account number, or account passwords, but we must tell you if we're collecting that type of information;
Disclosure would restrict our ability to comply with legal obligations, exercise legal claims or rights, or defend legal claims;
If the personal information is certain medical information, consumer credit reporting information, or other types of information exempt from the CCPA;
For other reasons specified in California Civil Code section 1798.145.

Right to Non-Discrimination

We will not discriminate against you for exercising your rights under the CCPA/CPRA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services only because you are a California resident or because you exercise your rights under the CCPA.

Our Right to Ask for Additional Information

Whenever we receive your request under this Section 8, we will have to verify your identity to determine if the request is provided by the consumer about whom we have personal information and to confirm that you are a California resident. Accordingly, we may ask you for additional information for verification purposes and we will use such information for this verification purpose only.

9. Other US State Residents' Rights

If you are a resident of Virginia, Colorado, Connecticut, Utah, Texas, or another US state that has enacted a comprehensive consumer privacy law, you may have additional rights regarding your personal information. When permitted by applicable state law, you can:

Submit a request for confirmation that we are processing personal information related to you. If we do, request access to that personal information and related information;
Submit a request to correct inaccurate or incomplete personal information used by us or to supplement it when it is not complete;
Submit a request to delete the personal information we have about you if we use it unlawfully;
Submit a request to restrict the processing of your information — if you dispute the accuracy of the data or object to its processing, if you do not accept that your data would be deleted, or if you need the data to claim, execute, or defend legal claims;
Object to the collection, use, and storage of your information — when we process data based on our or a third party's legitimate interests;
Submit a request to receive a portable copy of personal information that you provided to us under the contract or your consent and which we process by automated means, generally in electronic form;
Withdraw any consents previously given to us regarding the use of information about you — when we use the data based on your consent;
Opt out of targeted advertising, the sale of personal information, and certain profiling;
Lodge a complaint with your state Attorney General or other competent regulator and seek a judicial remedy.

Whenever we receive your request to exercise any of the rights specified above, we may need to verify your identity to determine if the request is provided by the person about whom we have personal information. We may ask you for additional information for verification purposes and will use such information for this verification purpose only.

If you consider that our processing of your personal information infringes US data protection laws, you have a legal right to lodge a complaint with the supervisory authority responsible for data protection in your state. Our data processing in the United States is supervised by the Federal Trade Commission (FTC), 600 Pennsylvania Avenue NW, Washington, DC 20580. You may contact us directly at privacy@emsensepro.com, (302) 555-7482, www.emsensepro.com.

10. Age of Consent

By using this site, you represent that you are at least the age of majority in your state of residence (typically 18 years old in the United States), or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.
We do not knowingly process any personal data of minors who are 16 years old or younger. If you are a minor as specified herein, we request that you stop using the Website immediately. We have the right to delete your personal data without separate notification if we have a reason to believe that you are younger than 16 years old. This is consistent with the Children's Online Privacy Protection Act (COPPA).

11. Cookies

Cookies are small text files that are stored by your browser on your device (e.g., computer, mobile phone, tablet) when you browse websites. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. They are widely used to make websites work or work in a better, more efficient way. In this Policy, we refer to all of these technologies as cookies.

Our website uses cookies as described in the table below:

Cookie name	Cookie purpose	Cookie expiry
Stored Cookies
_fbp	Advertisement cookie. Set by Facebook to display advertisements when either on Facebook or on a digital platform powered by Facebook advertising, after visiting the website.	3 months
fr	Advertisement cookie. Facebook sets this cookie to show relevant advertisements to users by tracking user behaviour across the web, on sites that have Facebook pixel or Facebook social plugin.	3 months
_vwo_uuid_v2	Analytical cookie. Set by Visual Website Optimizer to calculate unique traffic on a website.	1 year
_vis_opt_s	Analytical cookie. Visual Website Optimizer sets this cookie to track the session created for a visitor, i.e., the number of times the browser was closed and reopened.	3 months 8 days
_ga	Analytical cookie. The _ga cookie, installed by Google Analytics, calculates visitor, session, and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.	2 years
omnisendAnonymousID	Analytical cookie. Set by Omnisend. Used for storing user actions on the website with a unique ID. The cookie encrypts the visitor data for the security of user data.	1 year
_hjSessionUser_	Statistics cookie. Hotjar cookie that is set when a user first lands on a page with the Hotjar script. Used to persist the Hotjar User ID, unique to that site on the browser. Ensures that behavior in subsequent visits to the same site will be attributed to the same user ID.	1 year
_vwo_uuid	Performance cookie. Visual Website Optimizer sets this cookie to generate a unique id for every visitor and for its report segmentation feature. The cookie also allows viewing data in a more refined manner.	10 years
Session Cookies
soundestID	Analytical cookie. Set by Omnisend. Used to determine if a visitor is new to the website or has visited before.	session
omnisendSessionID	Analytical cookie. Set by Omnisend. Used for setting a unique ID for the session. The cookie collects information on visitor behavior on the website for statistical purposes.	30 minutes
_hjFirstSeen	Analytical cookie. Hotjar sets this cookie to identify a new user's first session. Stores a true/false value, indicating whether it was the first time Hotjar saw this user.	30 minutes
_hjIncludedInSessionSample	Analytical cookie. Hotjar sets this cookie to know whether a user is included in the data sampling defined by the site's daily session limit.	2 minutes
_hjIncludedInPageviewSample	Analytical cookie. Hotjar sets this cookie to know whether a user is included in the data sampling defined by the site's pageview limit.	2 minutes
_hjAbsoluteSessionInProgress	Analytical cookie. Hotjar sets this cookie to detect the first pageview session of a user. This is a True/False flag set by the cookie.	30 minutes
_gat_UA	Analytical cookie. A variation of the _gat cookie set by Google Analytics and Google Tag Manager to allow website owners to track visitor behavior and measure site performance. The pattern element in the name contains the unique identity number of the account or website it relates to.	1 minute
_vis_opt_test_cookie	Functional cookie. Visual Website Optimizer sets this cookie to detect if cookies are enabled on the browser of the user or not.	session
_hjSession_	Statistics cookie. Hotjar cookie set when a user first lands on a page with the Hotjar script. Used to persist the Hotjar User ID, unique to that site on the browser. Ensures that behavior in subsequent visits to the same site will be attributed to the same user ID.	30 minutes
soundest-views	Functional cookie. Omnisend cookies are designed to enable the site to provide services and ensure their proper functioning.	Session
_vwo_sn	Performance cookie. Stores session-level information.	30 minutes

You can configure your browser to decline some or all cookies or to ask for your permission before accepting them. Please note that by deleting cookies or disabling future cookies you may be unable to access certain areas or features of our website. For information on how to adjust or change your browser settings, visit www.aboutcookies.org or www.allaboutcookies.org. For information on policy and control options for third-party cookies, please read the cookie policies of such third parties.

12. Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this policy, we will notify you here so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

13. Contact Information

Please contact Customer Support if you have any questions concerning your purchase by completing this Contact Us form, by emailing support@emsensepro.com, or by calling (302) 555-7482.

Address for correspondence only:
EmsensePro LLC
1209 N Orange St, Wilmington, DE 19801, USA