I. Introduction

Environmental Site Assessors (also referred to as “ESA,“ “Company,” “we,” or “us”) respects your privacy and is committed to protecting it. This Online Privacy Policy (or “Privacy Policy”) describes how ESA collects, uses, and shares personal information obtained from you when you visit this website. Our collection, use and sharing of personal information, is further subject to the Website Use Agreement for the website specific to the ESA Program or project you are participating in at this time. Please read this Privacy Policy carefully. By accessing or using this website, you consent to our collection, use, and sharing of personal information as described in this Privacy Policy.

II. How we collect and use personal information

Personal Information You Volunteer. We collect any personal information that you provide while visiting or using this website. This may include your name, mailing address, email address, phone number, and other contact information, and any other personal information that you submit when placing an order, filling out a form, requesting that we contact you, responding to a survey or questionnaire, or otherwise posting or submitting content on this website. We use this personal information for the purposes made apparent at the time of collection, as well as to communicate with you, provide you with our products and services, monitor and improve the quality of our services, and as otherwise required or permitted under applicable law. We also may use and disclose this information in de-identified form for any of the foregoing reasons or for other business or marketing purposes.

Automatic Collection of Information. Certain types of information may be collected automatically when you visit and use the website. For instance, we may collect the URL of the Internet site from which you linked to the website; the type of browser you are using; time and date stamp information; and information regarding your visit to the website. We do not treat this non-personally identifiable information as personal information unless it is combined with your name or other information that personally identifies you. Cookies. Like many Internet sites, this website may use session-based or persistent “cookies” or other technologies to automatically gather some information about you, and to offer a personalized experience when using this website. We use these technologies to enhance and facilitate use of this website. Some areas of this website may require cookies, and cannot be used without enabling cookies. If you are concerned about cookies stored on your computer, we encourage you to follow your web browser’s guidance for deleting cookies after completing a browsing session.

III. How we share personal information

Service Providers. We may share personal information collected through this website with companies that perform services on our behalf, including companies that provide website development, hosting, payment processing and billing services.

Affiliates, Franchisees, and Business Partners. We may share personal information collected through this website with our affiliated entities, our franchisees, and our strategic business partners. These companies and organizations may use the information to contact you regarding information, products, or services that may be of interest, or as otherwise required or permitted under applicable law.

Law Enforcement and Protection. We may disclose your personal information when we believe disclosure is appropriate to comply with the law or respond to a court order or subpoena; to prevent or investigate a possible crime, such as fraud or identity theft; or to protect the rights, property or safety of ourselves or others. We reserve the right to report to appropriate law enforcement, governmental authorities and other third parties any activities that we, in good faith, believe to be harmful or unlawful, with or without providing notice to you.

Business Transfers. All personal information and other content submitted by you through this website is treated as a business asset, and may be transferred by us in connection with a sale or transfer of our business or assets, including as the result of a merger, acquisition, reorganization, dissolution or liquidation.

IV. Privacy practices of third parties

This website may contain links to Internet or mobile sites not owned or operated by us, including to sites featuring companies, products, services or news that may be of interest or to pages that we maintain on YouTube, Facebook, Twitter or other social media sites. You should review the privacy and other policies of other Internet and mobile site providers carefully, as these policies may be different than the policies of this website. We assume no responsibility or liability for any third party Internet or mobile site operator’s privacy practices.

V. Children

This website is intended for and directed to adults. In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly permit submission of personally identifiable information by anyone under 13 years of age. If you are under the age of 13, please do not provide us with any personally identifiable information.

VI. Online security

We strive to implement reasonable measures to protect against the loss, misuse or alteration of any sensitive non-public personal information under our control. However, please bear in mind that no website, database, or data transmission over the Internet is totally secure. As a result, we cannot guarantee the security of any personal information you provide on or through this website.

VII. Changes to this Privacy Policy

We reserve the right to amend this Privacy Policy from time to time, including without limitation as necessary to reflect new or unanticipated uses of personal information not previously disclosed in this Privacy Policy. Any such amendments shall be effective when posted by us on this website or otherwise made available to you. Your access to or use of this website after we have amended this Privacy Policy shall signify your acceptance of the amended terms.

VIII. Governing law, jurisdiction, and venue

Your use of this website, the information in this website, and any downloads from it, and the operation of this agreement and its terms and conditions, are governed in accordance with the laws of the state of Illinois, without giving effect to any principles of conflict of laws. If ESA prevails in any dispute against you relating to this agreement, ESA will be entitled to recover its costs, expenses, and reasonable attorney fees incurred in connection with such dispute. Any dispute, action or proceeding arising out of or related to this agreement or your access to or use of the website or any materials contained thereon shall be commenced in the state courts of Chicago, Illinois, or in the case of a dispute over which the federal courts have exclusive subject matter jurisdiction, in the U.S. District Court of the Northern District of Illinois. You hereby consent to the exclusive personal jurisdiction and venue of such courts, and waive any objections thereto, including without limitation any objection based on forum non conveniens; provided, however, the foregoing shall not prevent ESA from seeking temporary or permanent injunctive or other equitable relief against you in any court of competent jurisdiction.

VII. Contacting us

If you have questions about this Privacy Policy, desire to make corrections to personal information submitted to us, or have any other questions or comments concerning this website, please contact us by email at info@esachicago.com or by mail at Environmental Site Assessors, 932 N. Wright Street, Suite 160, Naperville, IL 60563.

Last updated: August 26, 2014

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