PRIVACY POLICY

Last Updated: December, 2022

Esquire Deposition Solutions, LLC and its affiliates (“Esquire,” "Company," “us,” or “we”) have adopted this Privacy Policy (or “Policy”), which applies to all users of EsquireConnect, our website esquiresolutions.com and any of its subdomains (collectively, the “Site”), and the services  we provide (collectively with the Site, the “Services”). This Policy is incorporated into and subject to our “Terms of Use,” available at www.esquiresolutions.com/terms-of-use. Unless otherwise defined in this Policy, terms used in this Policy have the same meanings as in our Terms of Use.

This Policy describes Esquire’s policies and procedures on the collection, use, and disclosure of personal information and data ("Personal Information") obtained through our Site and in connection with the provision of the deposition management, court reporting, arbitration and mediation, interpreter, and legal videography services we provide.  We may modify this Policy, at any time and for any reason, by posting the revised Policy on the Site with the updated effective date. Changes are effective immediately upon posting unless a different effective date is stated.

If you are a California resident, please see the “California Residents’ Rights” section below for more information about additional rights you may have.

1. INFORMATION WE COLLECT AND HOW WE COLLECT IT

     a. Information You Provide and Purpose of Collection. 

Account Information. We may collect Personal Information directly from you (from forms you completed, information you submitted, or services you requests) in order to access or use certain features of our Site including when you create a User Account and complete transactions. If you decide not to provide such information, you may not be able to create a User Account or use or access certain parts of our Site. When using our Site, you may post, upload, transmit, or create content, information, and data not prohibited by our Terms of Use (“User Content”). We may collect such User Content and use it in accordance with this Privacy Policy. The types of Personal Information collected are:

  • Name
  • Address
  • Email address
  • Phone number

 

Information Regarding Third Parties. On some pages, we may request that you submit information about other people. For example, if you are an attorney contacting us on behalf of your client, you will need to submit the client’s information address. In this circumstance, the types of Personal Information collected about other people may include:

  • Name
  • Address
  • Email address
  • Phone number
  • Claim number
  • Policy number
  • Time zone

Whenever we require information from you, it is our policy to collect and save such information so that we do not need to ask you for it repeatedly. You can choose not to provide certain information, but then you might not be able to take advantage of some of the features on the Site.

Geolocation Information. When you use a smart phone, mobile device or computer to access the Site, we may collect information about your physical location. We may combine this information with other location-based information (e.g., your IP address and billing/postal code), to provide you with other services on your mobile device. We share your location information only with third parties that help us provide you with services. You can opt out of sharing this information by changing the permissions in your mobile device

Automatic Collection of Information.  When you use our Site, we automatically receive and record information on our server logs from your browser or mobile platform. This may include the following types of information: your location; computer or device configuration; IP address and URL of referring website, if any; pages viewed; number of visitors; and length of visits. We treat this data as “nonpersonal information,” except where required by law to treat it as “personally identifiable information” (or “Personal Information”). Certain nonpersonal information could be considered part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be personally identified or contacted. We use nonpersonal information to evaluate and improve our Site.

Cookies. Like many web-based services, we collect information when you browse our Site or use our Site through technological tools such as “cookies.” A cookie is a small text file placed on your computer's hard drive when you visit a website. The cookie gives you a unique, random ID that enables our Site to recognize you on subsequent visits and remember your viewing preferences. We may also use cookies to track your behavior when you access other websites and services on your computer, mobile phone, or other Internet connected devices, which helps us improve the experience on our Site. Users are free to set their web browsers to prevent the acceptance of cookies; however, if you disable cookies, you will or may not be able to use or access certain services on our Site.

Information Obtained in the Course of Providing Our Services. The nature of the Services we provide, such as deposition management, court reporting, arbitration and mediation services, interpreter services, and legal videography can cause us to collect and handle Personal Information on behalf of the clients and organizations that engage us to provide such Services. The Personal Information we collect in connection with the provision of our Services is only used for the provision for such Services. 

     b. Information from Third Parties

Social Media. We may also receive certain information about you from third parties, such as through your use of an authenticated payment method, or through other online data sources, according to the rules of the use and processing of such information established by the respective source. If any Personal Information is freely available or accessible in the public domain, we will not have any obligations to you regarding the same.

Third-Party Cookies and Other Similar Technologies. Web technologies may also be placed on the Site by third party providers. Also, we or third-party providers may place web technologies on behalf of the supplier whose branding appears on the Site or its service providers. In this way, our supplier would be allowed to use the data collected. This information is used to enhance your experience with the Site, for marketing analysis and for quality improvement. We may collect your IP address through web technologies.

We and our suppliers may use third party service providers in connection with the Site, which may include but are not limited to: Alexa Metrics, Google Analytics, Omniture, and ClickTale. These and other service providers may collect information about your visits to websites, your interaction with that website, and the products and services offered by us or our suppliers. Their collection and use of information are subject to their own privacy policies. We do not receive information from these service providers that can be used to specifically identify you. If you would like to access what browsing information we have or ask us to delete any Google Analytics data, please delete your Google cookies, reach out to us via the contact information listed below, and/or install the Google Analytics Opt-Out Browser Add-On.

For more information regarding these third-party services and how to opt out, please visit https://optout.networkadvertising.org/?c=1 or www.aboutads.info/choices

2. HOW WE USE PERSONAL INFORMATION

We may use personally identifiable information to: 

  • provide the Site and our Services; 
  • verify your right to access our Services or certain restricted services; 
  • respond to your questions and inquiries; 
  • provide you with our newsletters, marketing or promotional materials, and other information that may be of interest to you; 
  • verify credit card authorization before any purchases or to bill you for paid services; 
  • share information with our authorized service providers; 
  • improve our products, offerings, and services; and 
  • protect the security and integrity of the Site and our Services. 

There may be times when we will need to disclose your information to our providers, contractors, suppliers, or distributors for the purpose of fulfilling Services, or otherwise processing transactions and related information. 

We may also combine your personally identifiable and nonpersonal information and aggregate it with information collected from other users to analyze and improve our Site and Services. We may also provide aggregated information to our third-party partners. 

Use of Anonymous Information. We may use information that has undergone anonymization such that it can no longer be used to identify an individual and cannot be combined with other information to re-identify an individual (“Anonymous Information”). In this case, all personal data elements, such as name, street address, phone number, email address, and others will be anonymized in accordance with applicable law. We may use the Anonymous Information to:

  • Perform fraud prevention activities;
  • Personalize and support use of the Site and/or the Services;
  • Improve the Services, the customer experience, our advertising systems;
  • Provide reporting to our current and prospective suppliers and service providers; and
  • Conduct other historical or statistical research and analysis.

We may also use de-identified data (data where certain identifiers are removed to prevent a person’s identity from being directly connected with the information (such as masking certain personal identifiers)) for the same purposes as described in this section, as well as for related purposes, as allowed by applicable law.

Other Uses of Personal Information. We may also use Personal Information:

  • In connection with the Services we provide;
  • To verify that data we have about you is accurate;
  • To contact you if you have requested communication from us; and
  • For human resources such as to collect your email address if you are applying for a position online.

3. EMAIL COMMUNICATION

We may send occasional system messages to you, including emails covering network or legal functions like resetting passwords, account creation and deletion confirmations, changes to our legal policies, or major functional updates or changes. Please note that if you do not want to review legal notices from us, such as notices regarding this Privacy Policy, you may change your account preferences by contacting us at privacy@esquiresolutions.com. However, those legal notices will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes. We may receive a confirmation when you open an email from us if your computer supports this type of notification. Esquire uses this confirmation to help us monitor receipt and improve our Services.

We may also send you Esquire marketing or promotional materials by email and other information that may be of interest to you, only if you’ve requested to receive such communications. If you decide that you no longer wish to receiver any such communications from us, you may unsubscribe by using the “unsubscribe” feature included at the bottom of each email marketing communication.

4. SHARING AND DISCLOSURE OF PERSONAL INFORMATION

Clients. To the extent Personal Information is collected in the course of providing our Services to our Clients, we disclose and provide access to such Personal Information solely in connection with such Services. Given the nature of the Services we provide, we are unable to restrict the sharing or disclosure of such information absent a court order.

Service Providers. We engage certain third parties to perform functions and provide services to us (or on our behalf), based on our instructions, and in compliance with appropriate confidentiality and security measures. We may share Personal Information with these third party service providers, but only to the extent necessary to perform these functions and provide such services and to the extent it is required for the purposes of our legitimate interests, and only to the extent such parties agree to abide by our Privacy Policy with respect to Personal Information. These service providers provide services globally, including:

  • Providing fraud monitoring or detection services;
  • Hosting or maintaining the Site and work product resulting from our Services;
  • Performing data integrity checks;
  • Providing optimization services;
  • Processing credit card payments;
  • Collecting payments;
  • Fulfilling orders for Services;
  • Delivering advertisements on the Site and third-party websites;
  • Sending mail or e-mail;
  • Providing employment and human resources related services; and/or
  • Providing customer service.

We may also allow these companies to use Anonymous Information for their business purposes. 

Business Transactions. In the event we enter into a merger, are acquired, enter into bankruptcy, or sell a major part of our assets, your personal information may be among the assets transferred. 

Legal Requirements. If necessary, we may disclose specific information without your consent and without notice to you as required to comply with laws and regulations, or to comply with court orders, subpoenas, or lawful discovery requests. Information collected from you may also be used to investigate security breaches or otherwise cooperate with legal authorities.

To Protect Us and Others. We may disclose information about you without your consent and without notice to you as required to enforce or apply the Terms of Use, or other agreements, including for billing and collection purposes. We may disclose your Personal Information if we believe it is necessary to protect us, our employees, and/or other third parties, including, for example, to assist in fraud protection or investigation.

Aggregated or De-Identified Data. We may use or share information that has been aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may use or share this information in several ways, including for fraud prevention services or for analytical purposes.

5. THIRD-PARTY SITES

Our Site may contain links to third-party websites. Esquire has no control over the information collected from or about you by any third-party sites after you have left our Site. We are not responsible, and assume no liabilities, for the privacy policies and/or practices on such other websites. When linking to another site, you should read the privacy policy and terms governing that website. Our Privacy Policy only governs information collected on our Site and in connection with our Services.

6. HOW WE PROTECT YOUR DATA

We care about the security of your information. We use commercially reasonable safeguards designed to preserve the integrity and security of information collected and maintained through the Site and our Services. However, we cannot ensure or warrant the security of any information you provide to us or guarantee that information may not be accessed, disclosed, altered, or destroyed by unauthorized persons. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of stored personally identifiable information (as defined in applicable state and federal statutes on security breach notification) to you via email or posting on the Site, without unreasonable delay, consistent with: (i) the legitimate needs of law enforcement; or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

7. APPLICABLE LAW

Our Services is hosted, processed, and handled on computer servers located in the United States, where the privacy laws may differ from those in your jurisdiction. Therefore, your information may be transferred to, processed on, and stored in computers located outside of your state, province, country, or other governmental jurisdiction. Your use of this Site or the Services or your submission of any Personal Information to us will constitute your consent to the transfer. We comply with applicable laws of the United States and the State of Georgia.

Because we cannot practicably prevent users in different jurisdictions from accessing the Site and Services, you are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Site and Services or any of its content or functionality, the Site and Services are not intended for you, and we ask you not to use or submit any information through the Site or Services.

8. DO NOT TRACK

“Do Not Track” is a privacy setting that you may set in your web browser. If turned on, this setting request that websites not track information about users. At this time, we do not respond to “Do Not Track” browser settings or signals.

9. OUR POLICY TOWARDS MINORS

We are concerned about the privacy and safety of minors when they use the internet. We will not knowingly request Personal Information online from anyone under the age of 13 without prior verifiable parental consent. Our Site is for general audiences and is not targeted to or intended for use by minors. Unfortunately, we cannot always determine the age of a visitor to our Site. If you believe we might have any information from or about a minor under the age of eighteen, please contact us at privacy@esquiresolutions.com.

10. CALIFORNIA RESIDENTS’ RIGHTS

The California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), California’s “Shine the Light” law, and the California Online Privacy Protection Act provide consumers who are California residents with specific rights regarding their Personal Information. If you are a California resident, this section provides you with additional information, describes your rights and explains how to exercise those rights.

     a. Categories of Information Collected and Retention

In the 12 months preceding the Last Updated date of this Privacy Policy, we may have collected or received, disclosed for a business purpose, or shared the following categories of Personal Information about California residents.  We retain such information for the period set forth below or for as long as we have a legitimate purpose to do so which we will determine based on applicable law.

*Please see Section 4 for more information on how your Personal Information is disclosed or shared.

     b. Right to Information.

Subject to certain limits, you may ask us to provide the following information for the 12-month period preceding your request: 

  1. The categories of Personal Information we collected about you;
  2. The categories of sources from which the Personal Information was collected;
  3. The business or commercial purpose for collecting the Personal Information;
  4. The categories of third parties with whom we shared the Personal Information;
  5. If we disclosed Personal Information for a business purpose, a list of the disclosures including the Personal Information categories that each category of recipient received; and 
  6. The specific pieces of Personal Information we collected about you.

We do not provide these information rights for Personal Information that we obtain through a business-to-business (B2B) relationship. 

     c. Right to Delete.

You also have the right to ask us to delete any Personal Information that we have collected about you, subject to certain limitations as set forth under applicable law. We may deny your deletion request if the information is necessary for us or our service providers to, among other things, provide our Services, take actions reasonably anticipated in the context of our business relationship with you, perform a contract we have, detect and protect against security incidents or illegal activity, comply with a legal obligation, or exercise a right provided for by law. 

     d. Right to Opt Out of Sale or Sharing

You have the right to opt out of the sale of your Personal Information. You may exercise this right by clicking here “Do Not Sell or Share My Personal Information” or the link located at the bottom of our website or by submitting a request as described in the “Submission of Requests” section below. Please note that you may not opt out of the sale or sharing of Personal Information that is captured during the course of providing our Services.

     e. Right to Correction.

If you believe your Personal Information is incorrect, you may request that we correct such Personal Information. 

     f. Right to Nondiscrimination. 

We will not discriminate against you if you exercise your privacy rights under California law, including by:

  • Denying you goods or services.
  • Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Providing you a different level or quality of goods or services.
  • Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
  • Retaliating against an employee, applicant for employment, or independent contractor for exercising their rights under this title.

However, the CCPA permits us to offer you certain financial incentives that can result in different prices, rates, or quality levels, which are related to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We do not offer financial incentives at this time.

     g. Submission of Requests 

If you are a California resident, you may submit a request regarding your Personal Information in any of the following ways:

  • Emailing us a request to privacy@esquiresolutions.com - please provide your name, telephone number, and type of request (that is, a request for categories of information, a request for specific pieces of information, a request to delete, or a request to opt out the sale of your information).
  • Filling out this form:  Do Not Sell or Share My Personal Information Form
  • Calling us at 1.800.211.3376

What We May Need from You. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Verifying Your Identity: To protect your privacy and security, we will take reasonable steps to verify your identity before providing your Personal Information and before deleting your information. Only you or someone legally authorized to act on your behalf may make a verifiable request related to your Personal Information. For example, if you make a request, we will ask you to confirm your name, email address, and/or other information we in our records to verify your identity, so that we can help protect your information. 

Requests from Authorized Agents:  You may designate an authorized agent to make a request for you.  If you designate an authorized agent to make a request on your behalf, we may require you to verify your identity and provide the authorized agent’s identity and contact information to us. 

     h. Response to Requests.

We do not charge a fee to respond to your request unless it is repetitive (more than twice in a 12-month period) or excessive. We will confirm receipt of your request within 10 business days of receipt and generally will respond to your request, correct inaccurate Personal Information, or delete your Personal Information within 45 days of receipt. If we need more time to respond, we will inform you of the reason and we may take up to an additional 45 days to respond. 

     i. No Fee Usually Required.

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

11. CONTACT US

If you have any questions or concerns regarding privacy using the Services, please send a detailed message to privacy@esquiresolutions.com. We will make every effort to resolve your concerns.