Privacy & Cookies

This Privacy Statement ("Statement") explains how and why eSpatial Solutions Ltd. ("eSpatial") processes any personal information that we collect or that is provided to us by users, as part of our business operations. eSpatial respects your right to privacy and complies with our obligations under current Data Protection Legislation.

We reserve the right to change this Data Protection Statement from time to time at our discretion. We encourage you to review this statement to ensure you are informed about how we use and protect your personal data.

We may process your information:

1. When you, or an organisation with which you are connected, are our customer.
2. When you visit our website or use our application.
3. For marketing purposes.

2.1.When you, or an organisation with which you are connected, are our customer

a. How we collect your information when you, or an organisation with which you are connected, are our Customer

When you sign up to use our application as a user, we collect information when you:

• enter information in a form such as our free trial or in order to download content.
• contact us in writing, by telephone, online chat, email or via our contact form.
• participate in competitions, promotions, questionnaires or surveys.
• interact with the eSpatial website and services.
• send us data and information for configuration and demonstration purposes.

b. What personal data we process when you, or an organisation with which you are connected, are our Customer

eSpatial will collect and process personal data including, where applicable:

• your name.
• your employer, job title and/or position.
• your contact details, including your address, email address and phone number.
• your IP address.
• details of your correspondence with eSpatial including emails, phone calls and chat connections with our staff.
• publicly available information.
• any information which is provided to us by you.
• monitoring and logging within our application.

c. How we use the data collected when you, or an organisation with which you are connected, are our customer

We use the information we receive from you or which we obtain from our dealings with you as an eSpatial customer, to:

• Provide quotations.
• Provide products and services requested by you including setting up your account.
• Configure and demonstrate our product incorporating data provided to us by you.
• Contact you if required in connection with a query or to respond to any communications you might send to us.
• Provide you with information on our services.
• Inform you of news, events, services, products and offers available within eSpatial Solutions Ltd. and other related third-party offerings, where appropriate.
• Notify you about important changes to the website and to our software.
• Analyse our application in order to improve our software and to align it with the needs of our visitors / users.
• Manage and improve our website and services.

d. Legal basis

We process this information according to the following legal basis:

Entering into and performing a contract: We may obtain, collect and process your personal data where we have legitimate interest in doing so. We have legitimate interests in:

• Formalising a contract between our customers and eSpatial to use our products and services.
• Managing and administering you and your organisations business relationship with eSpatial, including billing, accounting, education and support services.
• Sending you newsletters, software updates and other relevant information.
• Monitoring and analysing your use of and interest in our products and services.

It is necessary to provide us with your Personal Data in order for us to provide our services to you.

e. Sharing and Disclosure of your Personal Data

We may disclose some or all of the personal data we collect from you to certain trusted third parties in accordance with contractual arrangements we have in place with these third parties, including:

• Our auditors and professional advisors.
• Suppliers and service providers to whom we outsource support services.
• IT hosting and service providers.
• Regulators and official authorities.

f. Data Retention

In accordance with our data retention policy, we will keep the personal data we process for no more than 6 years after the customer ceases to be our customer. We retain this personal data to fulfil legal financial obligations, to which we are subject.

2.2.When you visit our website or use our application

a. How we collect your information when you visit our website or use our application

When you visit our website or use our application, we collect information when you:

• Enter information in a form such as our free trial or in order to download content.
• Interact with the eSpatial website and services and opt-in to our cookies.

b. What personal data we process when you visit our website or use our application

eSpatial will collect and process personal data including, where applicable:

• Your email address.
• Your ip-address and browser software and version.
• Publicly available information such as date and time of access.
• Any information which is provided to us by you via our application.
• Cookie data when you opt-in. See our cookie policy for details.

c. How we use the data collected when you visit our website or use our application

We use the information we receive from you when you visit our website and application to:

• Allow our website and application to provide basic functionality in order to work properly e.g. login.
• Allow you to customise our website and application's appearance e.g. preference cookies and settings in the application such as the display name.
• Manage and improve our website and services.

d. Legal basis

We process this information according to the following legal basis:

Legitimate Interests: We may obtain, collect and process your personal data where we have legitimate interest in doing so. We have legitimate interests in:

• Providing you with access to our website and enabling you to use it.
• Providing, improving, monitoring and testing the effectiveness of our website and application.
• Ensuring our website and application are accessible and provide the best user experience possible.
• Monitoring metrics such as number of visitors, traffic, demographic patterns etc.

When eSpatial processes your personal data based on legitimate interests, we make every effort to ensure it does not impact on your data protection rights.

Consent: We may obtain, collect and process your personal data where we have your consent by opting-in to our cookies. You have certain rights when we process your Personal Data on this basis. For more on exercising your data subject rights please see ‘Your Rights'.

e. Sharing and Disclosure of your Personal Data

We may disclose some or all of the personal data we collect from you to certain trusted third parties in accordance with contractual arrangements we have in place with these third parties, including:

• suppliers and service providers to whom we outsource support services.
• IT hosting and service providers.

f. Data Retention

In accordance with our data retention policy, we will keep the analytic data we process for no more than 50 months. We retain this data for comparative purposes in order to check the differences in the user experiences created by changes we have implemented in our application and website.

2.3.For marketing purposes

a. How we collect your information for marketing purposes

We collect information in the following ways:

• When you enter information in a form on our website such as our free trial or in order to download content.
• Interact with the eSpatial website and services and opt-in to our cookies.
• Click on advertising sent by our campaigns.
• Attend our webinars or information events.
• Publicly available information on the web.

b. What personal data we process for marketing purposes

eSpatial will collect and process personal data including, where applicable:

• Your name.
• Your email address.
• Your company name and address.
• Details of your company such as products and services provided, location etc.
• Your ip-address and browser software and version.
• Publicly available non-personal information such as date and time of access.
• Any information which is provided to us by you via our application.
• Cookie data when you opt-in. See our cookie policy for details.
• Statistical Information from advertising campaigns, google analytics etc.

c. How we use the data collected for marketing purposes

We use the information we collect for marketing purposes to:

• Promote our business
• Invite you to events, demos, seminars, webinars and meetings
• Develop relationships with business contacts
• Send you marketing material, newsletters, updates and other information
• Monitor and analyse your reception of and interest in material we send you
• Analyse the impact of our website and the user experience to improve our products and services.

d. Legal basis

We process this information according to the following legal basis:

Legitimate Interests: We may obtain, collect and process your personal data where we have legitimate interest in doing so. We have legitimate interests in:

• Promoting our business.
• Developing business contacts and relationships.
• Analysing and improving the user experience on our website and application.

When eSpatial processes your personal data based on legitimate interests, we make every effort to ensure it does not impact on your data protection rights.

Consent: We may obtain, collect and process your personal data where we have your consent. You have certain rights when we process your Personal Data on this basis. For more on exercising your data subject rights please see ‘Your Rights'.

e. Sharing and Disclosure of your Personal Data

We may disclose some or all of the personal data we collect from you to certain trusted third parties in accordance with contractual arrangements we have in place with these third parties, including:

• Suppliers and service providers to whom we outsource support services.
• IT hosting and service providers.
• Third parties who assist us with marketing and our company promotions and campaigns.
• We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

f. Data Retention

In accordance with our data retention policy, we will keep the personal data we process for marketing purposes for no more than 50 months.

2.4. Your Rights

You have a number of rights regarding access to and control of your Personal Data, including:

• Right of Access: You have the right to ascertain what type of Personal Data eSpatial holds about you and to a copy of this Personal Data.
• Right to Complain: You have the right to lodge a complaint regarding the processing of your Personal Data to the Data Protection Commission.
• Right to Erasure: In certain circumstances you may request that we delete the Personal Data that we hold on you.
• Right to Object: Where we rely on our legitimate interests to process your Personal Data, you have a right to object to this use. We will desist from processing your personal information unless we can demonstrate an overriding legitimate interest in the continued processing.
• Right to Portability: You may request us to provide you with certain Personal Data which you have given us in a structured, commonly used and machine-readable format and you may request us to transmit your Personal Data directly to another data controller where this is technically feasible.
• Right to Rectification: You have the right to have any inaccurate Personal Data which we hold about you updated or corrected.
• Right to Restriction: You have the right to request that eSpatial stop using your Personal Data in certain circumstances including if you believe that the Personal Data we hold about you is inaccurate or that our use of your Personal Data is unlawful. If you validly exercise this right, we will store your Personal Data and will not carry out any other processing until the issue is resolved.

Please bear in mind that your rights in relation to your Personal Data are not absolute and that we must comply with legal and regulatory obligations.

You can exercise your rights in relation to your Personal Data by contacting security@espatial.com.

We may request that you provide proof of your identity for security reasons and in order to prevent the unauthorised disclosure or misuse of Personal Data. We will only charge you for requests to access your Personal Data where they are unreasonable, unfounded or excessive. If, after contacting us, you are still not satisfied with our response, you have the right to lodge a complaint with the Data Protection Commission.

To opt-out of future communications

If you do not want to receive further communication from eSpatial you may contact us at the address below or send an email to security@espatial.com.

2.5. What is a cookie?

Cookies are text files containing small amounts of information which are downloaded to your personal computer, mobile or other device when you visit a website.

Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user's device, helping us to enhance your website experience improve our services. For further details of eSpatial's use of cookies, see the cookie settings tab at the bottom right of your screen.

2.6. Sale of business

We reserve the right to transfer information (including your Personal Data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Website Privacy Policy and provided that the third party only uses your Personal Data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

2.7. Security

Your Personal Data is held on secure servers hosted by our Internet Service Provider. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your Personal Data. See our Security Statement for details of security measures implemented at eSpatial.

2.8. Changes to the website privacy policy

Any changes to this Website Privacy Policy will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any time we decide to use Personal Data in a manner significantly different from that stated in this Website Privacy policy, or otherwise disclosed to you at the time it was collected, we will notify you by email.