Privacy Policy

A Special Note About Minors. The Sites is a general audience website intended for use by adults – namely ES OpCo’s business customers. The Sites is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. ES OpCo does not knowingly collect personal information through the Sites from any person under eighteen (18) years of age. If ES OpCo obtains actual knowledge that it has collected personal information through the Sites from a person under eighteen (18) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form. ES OpCo does not knowingly sell or share the personal information of consumers under sixteen (16) years of age.

If you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that ES OpCo remove content or information about you that is posted on the Sites. Please submit any such request (“Request for Removal of Minor Information”) to privacy@veseris.com, with a subject line of “Removal of Minor Information.”

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:

1. the nature of your request;
2. the identity of the content or information to be removed;
3. the location on content or information on the Sites (e.g., providing the URL for the specific web page the content or information is found on);
4. that the request is related to the “Removal of Minor Information;”
5. your name, street address, city, state, zip code and email address; and
6. whether you prefer to receive a response to your request by mail or email.

ES OpCo is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

Please note that the aforementioned removal process does not ensure complete or comprehensive removal of such content or information posted on the Sites.

Also, please note that ES OpCo is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires ES OpCo to maintain the content or information; when the content or information is stored on or posted to the Sites by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when ES OpCo anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of ES OpCo’s voluntary practices concerning the collection of personal information through the Sites from certain minors, and is not intended to be an admission that ES OpCo is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

Categories of Information Collected. ES OpCo may collect personal and non-personal information about you through the Sites. The categories of such information are organized as follows:

• Account Information. When you create an account, register, or place an order through the Sites, ES OpCo may collect your name (first, last and/or middle) and unique identifiers (e.g., username); your contact information (e.g., mailing address, email address, telephone number); your electronic signature; your billing, payment, or shipping information (e.g., credit card number, expiration date, billing address, shipping address, tax ID number, billing history); and information set forth in your online account registration, user profile, and/or user directory forms for the Sites.
• Employment Inquiry Information. If you inquire about possible employment with ES OpCo and/or one or more of its affiliated companies, ES OpCo may collect information related to your inquiry (e.g., name, mailing address, email address, telephone number, salary requirements, interests, resume).
• Technical and Diagnostic Data. ES OpCo may automatically collect information about your computer, mobile device, and/or browser (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes); your name and telephone number associated with your mobile device; your geolocation; and your mobile device ID information.
• Usage Data. ES OpCo may collect information about your interactions with the Sites and/or third-party websites, networks, platforms, servers or applications accessed through the Sites (e.g., how you accessed the Sites, where you go when you leave the Sites, number of clicks on a page or feature, amount of time spent on the Sites or a page or feature, identity of third-party websites accessed through the Sites); information concerning products and services provided to or accessed by you on or through the Sites (e.g., viewing habits, viewing preferences, viewing history, downloads); your transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and communications made within or through the Sites); and information from third-party websites, networks, platforms, servers or applications (e.g., Facebook, Google, Instagram, LinkedIn).
• Aggregated Statistics. ES OpCo may collect and compile aggregated, anonymized data derived from your use of the Sites (“Aggregated Statistics”). Aggregated Statistics do not identify, relate to, describe, or reasonably link to any particular individual or household, and may be used by ES OpCo for any lawful business purpose.

How Information Is Collected. ES OpCo might collect personal and non-personal information from you when you access or use the Sites; when you register with or subscribe to the Sites; when you register for, order, purchase or subscribe to any products and/or services through the Sites; when you “sign in,” “log in,” or the like to the Sites; when you allow the Sites to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Sites) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever ES OpCo asks you for such information, such as, for example, when you process a payment through the Sites, or when you answer an online survey or questionnaire.

In addition, if you or a third party sends ES OpCo a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Sites, then ES OpCo may collect any personal or non-personal information provided therein or therewith.

Finally, ES OpCo might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

• Trackers, which indicate any technology - e.g., Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of users, for example by accessing or storing information on the user’s device.
• Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
• Local storage technologies, such as HTML5 local storage and similar browser- or device-based storage mechanisms that allow websites to store data locally on your device. Local storage operates similarly to cookies but may allow for greater storage capacity and may not be subject to the same browser cookie management settings. You may be able to manage or delete local storage through your browser’s settings.
• Web beacons and pixels, which are small pieces of code (sometimes called tracking pixels, clear GIFs, or pixel tags) embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon or pixel is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons and pixels are sometimes used to collect advertising data, such as counting page views, promotion views, or advertising responses. Disabling your computer’s, device’s, or browser’s cookies may prevent some web beacons and pixels from tracking or recording certain information about your activities.
• Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Sites, and deactivated or deleted when the user disconnects from the Sites.
• Software development kits (SDKs), which are packages of code that may be integrated into the Sites or related applications to enable specific functionality, such as analytics, advertising, or social media integration. SDKs may collect information about your device, your use of the Sites, and your interactions with content.
• Analytic tools and services, which are sometimes offered by third parties, and which track, measure, and/or generate information about a website’s or program’s traffic, sales, audience, and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, content ratings research, and conversion tracking. Examples include Google Analytics and similar services, which may use cookies and other tracking technologies described herein.

Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Sites might not function properly.

By visiting, accessing, registering with or using the Sites, you acknowledge that ES OpCo may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, subject to any applicable opt-out rights described in Section 11.

Use of Information Collected. ES OpCo may use the personal and/or non-personal information it collects from you through the Sites in a variety of ways, such as, for example, to:

• Fulfill your requests;
• Process your payments;
• Place, fulfill, process and/or track your orders and purchase;
• Facilitate your movement through the Sites;
• Facilitate your use of the Sites and/or their products and services;
• Provide customer service;
• Send you communications like, for example, administrative emails, newsletters, answers to your questions and updates about the Sites;
• Allow you to communicate with others through the Sites like, for example, through online forums, chat rooms or bulletin boards;
• Provide you with information about ES OpCo, its affiliated companies and/or their respective businesses, products and services by letter, email, text, telephone or other forms of communication;
• Provide you with information about third-party businesses, products and/or services by letter, email, text, telephone or other forms of communication;
• Improve the Sites and/or their content, features and services;
• Improve the products, services, marketing and/or promotional efforts of ES OpCo and/or its affiliated companies;
• Create new products, services, marketing and/or promotions for ES OpCo and/or its affiliated companies;
• Market the businesses, products and/or services of ES OpCo and/or its affiliated companies;
• Help personalize user experiences with the Sites and/or their products and services;
• Analyze traffic to and through the Sites;
• Analyze user behavior and activity on or through the Sites;
• Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to ES OpCo, its affiliated companies, the Sites, and/or their respective products and/or services;
• Monitor the activities of you and others on or through the Sites;
• Protect or enforce ES OpCo’s and/or its affiliated companies’ respective rights and properties; and/or
• Protect or enforce the rights and properties of others (which may include you). ES OpCo reserves the right to use your personal and non-personal information when:
• Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
• ES OpCo believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of ES OpCo, a user of the Sites (which may include you), or anyone else who may be harmed by such activities or to further ES OpCo’s legitimate business interests).

Sharing of Information Collected. ES OpCo reserves the right to share your personal information with ES OpCo’s employees, agents, administrators, accountants, financial advisors and legal advisors; with ES OpCo’s affiliated companies; and with those third parties who help manage, administer, monitor, distribute and/or operate the Sites, and/or their respective products, services and/or features (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, data analysis companies, credit card or other payment processing companies, online shopping cart providers), as needed in order for them to perform such services.

ES OpCo does not limit the ways in which it may use or share non-personal information because non-personal information does not identify, relate to, describe, or reasonably link to any particular individual or household. For example, ES OpCo may freely share non-personal information with its affiliated companies, its suppliers and its representatives, as well as with other individuals, businesses, and government entities.

You may choose to share certain information and/or follow other users on the Sites. You may choose to share your contact information with other users or provide it publicly.

ES OpCo may share aggregated, anonymized data derived from Sites usage (“Aggregated Statistics”) with its affiliated companies, business partners, and service providers. Aggregated Statistics do not identify, relate to, describe, or reasonably link to any particular individual or household.

The Sites utilizes various third-party services to provide their features and functionality. These third parties may process personal data as described below:

Data Retention. ES OpCo retains your personal information for as long as your account is active or as reasonably necessary to provide you with products and services, comply with its legal obligations, resolve disputes, and enforce its agreements. The specific retention periods depend on the nature of the information, the purposes for which it is used, and applicable legal and regulatory requirements. The following are general guidelines, and actual retention periods may vary based on operational and legal considerations. Account information (e.g., name, contact details, login credentials) is generally retained for as long as your account remains active and for a reasonable period thereafter to allow for account reactivation, to respond to inquiries, or as required by applicable law. Transactional information (e.g., order history, payment records, shipping details) is generally retained in accordance with applicable tax, financial reporting, and regulatory record-keeping requirements, which typically require retention for a period of at least seven (7) years following the date of the transaction. Usage information and technical data (e.g., browsing activity, IP addresses, device information) is generally retained in identifiable form for a period reasonably necessary to fulfill the purposes described in this Privacy Policy, after which it is either deleted or converted to Aggregated Statistics. ES OpCo may dispose of or delete any personal information or non-personal information at any time, except as set forth in any other agreement executed by both you and ES OpCo, as required by applicable law, or as necessary to comply with ES OpCo’s data retention obligations under applicable privacy laws.

If ES OpCo retains personal information, ES OpCo ensures: (a) it is only what is necessary; (b) it is stored securely; and (c) it is not kept longer than needed, or as necessary to comply with applicable law.

Transactions. In connection with any transaction that you conduct on, through, or in relation to the Sites, you may be asked to supply certain information relevant to the transaction, including your credit card number and expiration date, your billing address, your shipping address, your phone number, and your email address (collectively, “Transaction Data”). By submitting Transaction Data, you acknowledge and agree that ES OpCo may disclose such Transaction Data to third-party service providers (e.g., payment processing companies, online shopping cart providers) as reasonably necessary to process, fulfill, and complete the transaction, and to provide related customer support. ES OpCo requires its third-party service providers to use Transaction Data solely for the purpose of performing services on ES OpCo’s behalf and in a manner consistent with this Privacy Policy and applicable law. ES OpCo retains Transaction Data only for as long as reasonably necessary to fulfill the transaction, provide post-transaction support, and comply with applicable legal, tax, and regulatory record-keeping requirements, as described in Section 6. ES OpCo may offer to sell or sell merchandise and other products to you on or through the Sites, with the sales transaction taking place through an online shopping cart feature (“Shopping Cart”). The Shopping Cart is provided by a third-party vendor. ES OpCo’s relationship with that vendor is contractual in nature, and that vendor is not subject to ES OpCo’s direction or control; accordingly, ES OpCo is not responsible for that vendor’s privacy practices. You should review the applicable third-party vendor’s privacy policy before submitting your Transaction Data through the Shopping Cart.

Third Party Applications and Networks. The Sites and/or any communications sent through or as a function of the Sites may contain links to third-party websites, networks, platforms, servers and/or applications. Third-party websites, networks, platforms, servers and/or applications may also contain links to the Sites. TO THE FULLEST EXTENT PERMITTED BY LAW, ES OPCO IS NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE ES OPCO FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, SUCH THIRD PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICIES AND PRACTICES OF SUCH THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS, AND APPLICATIONS).

You may have the opportunity to access the Sites using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. ES OpCo may also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications). IT IS YOUR RESPONSIBILITY TO CAREFULLY READ, ACCEPT AND COMPLY WITH THE RELEVANT TERMS OF USE, WAIVERS, AND PRIVACY POLICIES ASSOCIATED WITH THOSE THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS.

Security. ES OpCo implements commercially reasonable security measures to help protect the personal information it collects through the Sites. These measures include encrypted data transmission using HTTPS/TLS protocols, session-based authentication, role-based access controls for internal personnel, and periodic security assessments.

To help maintain the security of your personal information, ES OpCo asks that you please notify ES OpCo immediately at privacy@veseris.com of any unauthorized visit, access, or use of the Sites, or the loss or unauthorized use of your user access information for the Sites (e.g., username or password).

ES OpCo also requires login/password information for you to access your account. You are responsible for maintaining the confidentiality of your passwords. ES OpCo has the right to assume that anyone accessing the Sites using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing the Sites using a password assigned to you. You must promptly change your passwords if you believe there is a risk of your password being compromised.

Regardless of the foregoing, please observe that “perfect” or “100%” security does not exist on the Internet. Therefore, your access and use of the Sites and your opening of any communications sent through or as a function of the Sites, are done at your own risk.

Your Rights and Choices. Depending on your state of residence or other applicable jurisdiction, you may have certain rights with respect to your personal information under applicable federal, state, or local privacy laws, including but not limited to comprehensive state consumer privacy statutes (collectively, “Applicable Privacy Laws”), as each may be amended or enacted from time to time. Subject to the applicable requirements and exemptions of each Applicable Privacy Law, the rights available to you may include:

• Right to Know/Confirm. The right to confirm whether ES OpCo is processing your personal information and to access the categories and specific pieces of personal information that ES OpCo has collected about you.
• Right to Correct. The right to request that ES OpCo correct inaccuracies in your personal information.
• Right to Delete. The right to request that ES OpCo delete your personal information, subject to certain exceptions permitted by applicable law.
• Right to Data Portability. The right to obtain a copy of your personal information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity.
• Right to Opt Out. The right to opt out of the processing of your personal information for purposes of (i) targeted advertising, (ii) the sale of personal information, and/or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you, in each case to the extent applicable under the relevant Applicable Privacy Law.
• Right to Limit Use of Sensitive Personal Information. Where applicable, the right to limit ES OpCo’s use and disclosure of your sensitive personal information (as defined under the Applicable Privacy Law in your jurisdiction) to purposes authorized by applicable law. ES OpCo uses sensitive personal information only for purposes permitted by Applicable Privacy Laws.
• Right to Non-Discrimination. The right not to receive discriminatory treatment for exercising any of your privacy rights.

To exercise any of the rights described in this Section 10, or to request that ES OpCo review, correct, or delete your personal information, or to request that ES OpCo cease using your personal information to provide you with products or services, please submit a request to privacy@veseris.com with a subject line of “Privacy Rights Request,” or write to us at the address provided in Section 15 of this Privacy Policy. In your request, please clearly state: (i) the nature of your request and the specific right(s) you wish to exercise; (ii) your name, street address, city, state, zip code, and email address; and (iii) whether you prefer to receive a response by mail or email. ES OpCo may need to verify your identity before processing your request, and may ask you to provide additional information reasonably necessary for verification purposes.

ES OpCo will respond to your request within the timeframe required by the Applicable Privacy Law, or, if no specific timeframe is mandated, within a commercially reasonable period. If ES OpCo declines to take action on your request, ES OpCo will inform you of the reasons for the denial and provide instructions for how to appeal. You may appeal any such decision by contacting ES OpCo at privacy@veseris.com with a subject line of “Privacy Rights Appeal.” ES OpCo will respond to your appeal in accordance with applicable law.

If you are an authorized agent making a request on behalf of a consumer, please contact ES OpCo at privacy@veseris.com and indicate that you are acting as an authorized agent. To verify your authority, ES OpCo requires one of the following: (a) a valid power of attorney executed under applicable state law; or (b) a signed written authorization from the consumer, accompanied by proof of your own identity, along with the consumer’s direct verification of identity with ES OpCo and written confirmation that they authorized you to submit the request on their behalf. ES OpCo may deny a request from an agent who does not submit sufficient proof of authorization.

Certain Applicable Privacy Laws require ES OpCo to recognize and honor browser-based opt-out preference signals, such as the Global Privacy Control (“GPC”). If you use a browser or browser extension that transmits a GPC or similar opt-out preference signal, ES OpCo will treat that signal as a valid request to opt out of the sale of personal information and targeted advertising to the extent required by the Applicable Privacy Law. You do not need to take any additional action beyond enabling the signal in your browser. For more information about the Global Privacy Control, visit https://globalprivacycontrol.org.

Please note that even if you opt out of marketing communications, ES OpCo may still send you transactional or administrative communications related to your account or your use of the Sites. As of the date of this Privacy Policy, ES OpCo does not sell your personal information, as that term is defined under Applicable Privacy Laws. ES OpCo periodically reviews its use of cookies, pixels, analytics tools, and other tracking technologies to confirm whether its data practices constitute a sale of personal information or targeted advertising under Applicable Privacy Laws. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

Additional Information for California Residents. If you are a California resident, the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), provides you with specific rights in addition to those described in Section 10. These include the right to know the categories of sources from which your personal information was collected, the categories of third parties with whom your personal information was shared, and the business or commercial purpose for collecting or selling your personal information. California residents also have the right to limit the use and disclosure of sensitive personal information, and the right to opt out of the sale or sharing of personal information. For purposes of this Section 11, the terms “sale,” “sharing,” “sensitive personal information,” and “personal information” have the meanings given to them under the CCPA. As of the date of this Privacy Policy, ES OpCo does not sell or share (as those terms are defined under the CCPA) your personal information. ES OpCo periodically reviews its use of cookies, pixels, analytics tools, and other tracking technologies to confirm that its data practices do not constitute a sale or sharing of personal information under the CCPA. To learn more about your California privacy rights and to view our detailed CCPA disclosures, visit our California Privacy Statement at https://veseris.com/default/california-privacy-statement.

In addition to the rights described in Section 10, California residents have the right to opt out of the sharing of personal information for cross-context behavioral advertising, and the right to request that ES OpCo limit its use or disclosure of sensitive personal information to only that which is necessary to perform the services or provide the goods, as is reasonably expected by an average consumer. Please note that certain exceptions outlined in the law may apply, such as when the collection and processing of sensitive personal information is necessary to verify or maintain the quality or safety of ES OpCo’s services.

Additional Rights for Users in Virginia, Colorado, Connecticut, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska, Tennessee, Minnesota, Maryland, Indiana, Kentucky, Rhode Island and Montana. In addition to the rights described herein, users residing in Virginia, Colorado, Connecticut, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska, Tennessee, Minnesota, Maryland, Indiana, Kentucky, Rhode Island and Montana have: (a) the right to opt out of the processing of personal information for targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you; and (b) the right to freely give, deny or withdraw consent for the processing of sensitive personal information. Please note that certain exceptions outlined in the law may apply, such as when the collection and processing of sensitive personal information is necessary for the provision of a product or service specifically requested by the consumer.

In Minnesota and Maryland, users also have the right to obtain a list of the specific third parties to which ES OpCo has disclosed the consumer’s personal data. Additionally, in some states like Minnesota, users have the following specific rights connected to profiling: (a) the right to question the results of the profiling; (b) the right to be informed of the reason that the profiling resulted in the decision, if feasible; (c) the right to be informed of what actions the consumer might have taken to secure a different decision and the actions that the consumer might take to secure a different decision in the future; (d) the right to review personal data used in the profiling; and (e) if inaccurate, the right to have the data corrected and the profiling decision reevaluated based on the corrected data.

Additional Rights for Users in Utah and Iowa. In addition to the rights described herein, users residing in Utah and Iowa have: (a) the right to opt out of the processing of personal information for targeted advertising; and (b) the right to opt out of the processing of sensitive personal information. Please note that certain exceptions outlined in the law may apply, such as when the collection and processing of sensitive personal information is necessary for the provision of a product or service specifically requested by the consumer.

International Users. ES OpCo and the Sites are operated in the United States, and your personal information will be processed and stored on servers located in the United States. If you are located outside of the United States and choose to use the Sites, you understand and consent to the transfer of your personal information to the United States, where privacy laws may not be as protective as those in your country of origin. By using the Sites, you agree to this transfer, processing, and storage of your personal information in the United States.

If you reside in Canada or Mexico, please see our separate Privacy Policies applicable to residents of those countries.

Modifications of this Privacy Policy. ES OpCo may supplement, amend, or otherwise modify this Privacy Policy at any time. If ES OpCo makes material changes to the Privacy Policy, it will update the modification date below and post a notice on this Sites. Such supplements, amendments and other modifications will be posted on this or a similar page of the Sites and shall be deemed effective as of their stated effective or modification date. Your continued use of the Sites following the posting of any changes to this Privacy Policy constitutes your acceptance of those changes. It is your responsibility to carefully review this Privacy Policy each time you visit, access, register with or use the Sites.

Again, by visiting, accessing, registering with or using the Sites, you acknowledging the most-recent version of this Privacy Policy, as well as the most-recent version of the Sites’ Terms of Use, and your continuing visit, access, registration with or use of the Sites reaffirms your acceptance and agreement in each instance. To the extent any modification to this Privacy Policy requires your consent under applicable law, ES OpCo will obtain such consent before such modification takes effect with respect to you.

Severability. If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

Contact Us. Please direct any questions you may have about this Privacy Policy to privacy@veseris.com, with a subject line of “Privacy Policy.” You may also write to us at:

ES OpCo USA LLC
Attn: Privacy
10800 Pecan Park Blvd, Suite 300
Austin, TX 78750.

The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

Modification Date. This Privacy Policy was last modified on August 28, 2026.

Information We Collect. We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). Personal information includes “sensitive personal information,” which is described further in the table below.

The categories of personal information set forth in the chart below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected, but reflects a good faith belief that, to the best of our knowledge, some of that information may have been collected. We have collected the following categories of personal information from consumers within the preceding twelve (12) months:

Personal information does not include: (a) publicly available information, meaning information that is lawfully made available from federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media; (b) deidentified or aggregated consumer information; or (c) information excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Sources of Personal Information. We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you, such as when you create an account, register, place an order, inquire about employment, or otherwise interact with our Sites.
• Indirectly from you, such as through your browsing activity and interactions with the Sites, including through cookies, web beacons, pixels, scripts, SDKs, and similar tracking technologies.
• From third-party sources, such as advertising networks, data analytics providers, social media platforms, and third-party websites, networks, platforms, servers, or applications accessed through the Sites.

Use of Personal Information. We may use or disclose the personal information we collect for one or more of the following business or commercial purposes:

• To fulfill or meet the reason for which the information is provided, such as to respond to your inquiry, process your registration, or fulfill your order.
• To provide you with information, products, or services that you request from us.
• To process your payments and fulfill, process, and track your orders and purchases.
• To improve our Sites and present their contents to you, including to personalize user experiences.
• To provide you with information about ES OpCo, its affiliated companies, and their respective businesses, products, and services.
• To conduct research, measurement, and data analysis activities for product and service development, marketing research, and advertising.
• As necessary or appropriate to protect the rights, property, or safety of ES OpCo, our employees, our customers, or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

Data Minimization and Purpose Limitation. Consistent with the CCPA, ES OpCo limits its collection, use, and retention of personal information to what is reasonably necessary and proportionate to the purposes for which the personal information was collected or processed, as disclosed in this Statement and our Privacy Policy. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice and, where required by applicable law, obtaining your consent.

Sharing and Disclosure of Personal Information. We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category C: Protected classification characteristics under California or federal law.
• Category D: Commercial information.
• Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

• ES OpCo’s employees, agents, administrators, accountants, financial advisors, and legal advisors.
• ES OpCo’s affiliated companies.
• Service providers, including those who help manage, administer, monitor, distribute, and operate the Sites (e.g., web hosting companies, website administrators, data analysis companies, credit card or other payment processing companies).

Sale and Sharing of Personal Information. Under the CCPA/CPRA, California residents have the right to opt out of the “sale” and “sharing” of their personal information. As used in this Policy, “sell” means the disclosure of personal information to a third party for monetary or other valuable consideration, and “share” means the disclosure of personal information to a third party for cross-context behavioral advertising purposes, in each case as defined by Cal. Civ. Code §§ 1798.140(ad) and 1798.140(ah).

We do not sell personal information. We do share personal information for cross-context behavioral advertising purposes.

You may opt out of the sale and sharing of your personal information by any of the following methods:

• Emailing us at privacy@veseris.com with the subject line “Do Not Sell or Share”; or
• Enabling a recognized universal opt-out mechanism, such as Global Privacy Control (GPC), in your browser or device settings. We recognize GPC signals as valid opt-out requests under the CCPA/CPRA.

Upon receiving your opt-out request, we will process it within fifteen (15) business days. We will not ask you to re-authorize the sale or sharing of your personal information for at least twelve (12) months following your opt-out request, unless you initiate a new transaction or interaction that requires such authorization.

Sensitive Personal Information. ES OpCo uses sensitive personal information only for purposes permitted by the CCPA, specifically:

• To process and maintain your account, including verifying your identity through account log-in credentials.
• To process payments for orders placed through the Sites, including processing credit card, debit card, or other payment card information.
• To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to prosecute those responsible for such activity.
• To verify or maintain the quality and safety of the Sites and our services.

ES OpCo does not use sensitive personal information to infer characteristics about consumers, for advertising or marketing purposes, or for any purpose other than those identified above and those permitted under Section 7027(m) of the CCPA Regulations.

Because ES OpCo does not use or disclose sensitive personal information for purposes other than those specified in Section 7027(m) of the CCPA Regulations, ES OpCo is not required to provide a “Limit the Use of My Sensitive Personal Information” link on the Sites.

Data Retention. ES OpCo retains your personal information for as long as your account is active or as reasonably necessary to provide you with products and services, comply with legal obligations, resolve disputes, and enforce agreements. The specific retention periods depend on the nature of the information, the purposes for which it is used, and applicable legal and regulatory requirements. The following are general guidelines, and actual retention periods may vary based on operational and legal considerations:

• Account information (e.g., name, contact details, login credentials) is generally retained for as long as your account remains active and for a reasonable period thereafter to allow for account reactivation, to respond to inquiries, or as required by applicable law.
• Transactional information (e.g., order history, payment records, shipping details) is generally retained in accordance with applicable tax, financial reporting, and regulatory record-keeping requirements, which typically require retention for a period of at least seven (7) years following the date of the transaction.
• Usage information and technical data (e.g., browsing activity, IP addresses, device information) is generally retained in identifiable form for a period reasonably necessary to fulfill the purposes described in this Statement, after which it is either deleted or converted to aggregated, deidentified data.

ES OpCo may dispose of or delete any personal information at any time, except as required by applicable law or as necessary to comply with ES OpCo’s data retention obligations under the CCPA.

Your Rights and Choices Under the CCPA. The CCPA provides California residents with the following specific rights regarding their personal information:

Right to Know/Access. You have the right to request that we disclose to you the categories of personal information we have collected about you, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting, selling, or sharing that personal information, the categories of third parties with whom we share that personal information, and the specific pieces of personal information we have collected about you. For personal information collected on or after January 1, 2022, you may request disclosure beyond the twelve (12) month period preceding your request, unless doing so would be impossible or involve disproportionate effort.

Right to Correct. You have the right to request that we correct inaccurate personal information that we maintain about you.

Right to Delete. You have the right to request that we delete personal information that we collected from you, subject to certain exceptions permitted by the CCPA. We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.).
6. 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 the information’s deletion may likely render impossible or seriously impair the achievement of the research, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to Data Portability. You have the right to obtain a copy of your personal information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.

Right to Opt Out of Sale or Sharing. You have the right to opt out of the sale of your personal information and the sharing of your personal information for cross-context behavioral advertising. As noted in Section 6 above, ES OpCo does not currently sell or share your personal information.

Right to Limit Use of Sensitive Personal Information. You have the right to limit our use and disclosure of your sensitive personal information to purposes authorized by the CCPA. As noted in Section 7 above, ES OpCo uses sensitive personal information only for purposes permitted by the CCPA.

Right to Non-Discrimination and Non-Retaliation. We will not discriminate or retaliate against you for exercising any of your CCPA rights. We will not deny you goods or services; charge you different prices or rates for goods or services; provide you a different level or quality of goods or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, in each case as a result of you exercising your rights under the CCPA. These protections extend to employees, applicants for employment, and independent contractors.

Exercising Your CCPA Rights. To exercise the rights described in Section 9, please submit a verifiable consumer request to us by either:

• Emailing us at privacy@veseris.com with a subject line of “Privacy Rights Request”.
• Writing to us at: ES OpCo USA LLC, Attn: Privacy, 10800 Pecan Park Blvd, Suite 300, Austin, TX 78750.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may make a verifiable consumer request for access or data portability up to twice within a twelve (12) month period. The verifiable consumer request must: (a) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (b) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format. We will confirm receipt of your verifiable consumer request within ten (10) business days of receiving the request. We will respond substantively to a verifiable consumer request to know, correct, or delete within forty-five (45) calendar days of its receipt. If we require more time, we will inform you of the reason and extension period in writing, and the total response time will not exceed ninety (90) calendar days from the date the request was received.

For requests to opt out of sale or sharing or to limit the use of sensitive personal information, we will comply with your request as soon as feasibly possible, and no later than fifteen (15) business days from the date the request was received.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will explain the reasons we cannot comply with a request, if applicable.

For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Appeals. If we decline to take action on your request, we will inform you of the reasons for the denial and provide instructions for how to appeal. You may appeal any such decision by contacting us at privacy@veseris.com with a subject line of “Privacy Rights Appeal”. We will respond to your appeal in accordance with applicable law.

Opt-Out Preference Signals. Certain provisions of the CCPA require businesses to recognize and honor browser-based opt-out preference signals, such as the Global Privacy Control (“GPC”). If you use a browser or browser extension that transmits a GPC or similar opt-out preference signal, ES OpCo will treat that signal as a valid request to opt out of the sale of personal information and targeted advertising to the extent required by the CCPA. You do not need to take any additional action beyond enabling the signal in your browser. For more information about the Global Privacy Control, visit https://globalprivacycontrol.org.

Automated Decisionmaking Technology. The following section is provided for informational purposes only and is subject to change as applicable regulations are finalized and take effect.

As of January 1, 2027, the CCPA is expected to require businesses that use automated decision making technology (“ADMT”) to make significant decisions about consumers (such as decisions related to employment, housing, financial services, education, or healthcare) to provide pre-use notices to consumers, offer the right to opt out of the business’s use of ADMT where applicable, and provide meaningful information about how the ADMT functioned with respect to the consumer. As of the date of this Statement, ES OpCo does not use ADMT to make significant decisions concerning consumers as defined by the CCPA and its implementing regulations. ES OpCo will continue to monitor regulatory developments in this area, and if applicable requirements are finalized, this Statement will be updated accordingly.

Cybersecurity Audits and Risk Assessments. The following section is provided for informational purposes only and is subject to change as applicable regulations are finalized and take effect.

Under CCPA regulations, certain businesses whose processing of consumers’ personal information meets specified statutory and regulatory thresholds may be required to conduct annual cybersecurity audits and submit certifications to the California Privacy Protection Agency, and to conduct risk assessments for processing activities that present significant risk to consumers’ privacy. These requirements apply only to businesses that meet certain revenue, data volume, or processing-activity thresholds established by the CPPA. ES OpCo will evaluate whether its processing activities meet these thresholds and will comply with any applicable requirements.

Changes to This Statement. We reserve the right to amend this Statement at our discretion and at any time. When we make material changes to this Statement, we will update the “Last Updated” date above and post a notice on our Sites. Your continued use of the Sites following the posting of any changes constitutes your acceptance of those changes. To the extent any modification to this Statement requires your consent under applicable law, ES OpCo will obtain such consent before such modification takes effect with respect to you.

Severability. If any term or condition of this Statement is deemed invalid or unenforceable by a court of law with binding authority, the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Statement.

Contact Information. If you have any questions or comments about this Statement, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: privacy@veseris.com (subject line: “Privacy Rights Request”)

Mail:
ES OpCo USA LLC
Attn: Privacy
10800 Pecan Park Blvd, Suite 300
Austin, TX 78750.