EKAMOR RESOURCE CORPORATION
Last Updated: November 20, 2020
This Privacy Policy describes the way that EKAMOR RESOURCE CORPORATION (“EKAMOR,” “ERC,” “we,” “us” or “our”) collects and uses the personally and non-personally identifiable information that it collects on the website located at www.EKAMOR.com and any other websites, mobiles apps, or online and offline services that ERC owns and controls (the “Sites”).
Please note the arbitration provision set forth below, which may require you to arbitrate any claims you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
Information We Collect
We may collect two types of information about you when you visit our Sites, contact us with questions or seek an employment opportunity at ERC: (1) personally identifiable information (such as your name, address, telephone number, email address, education and employment information), and (2) non-personally identifiable information, such as aggregate information.
Personally Identifiable Information
The only personally identifiable information that ERC collects and stores about you is the information that you have chosen to provide to ERC. For example, you may submit information by clicking on various links offered on our Sites, such as on the “Contact” page, by contacting an individual via an email address provided in a hyperlink, or by subscribing to a newsletter.
In such instances, ERC may collect the following categories of personally identifiable information.
- Identifying contact information, such as your name, address, email address, telephone number, and other contact information. Identifiers are sourced directly from you. They are used to provide and improve the features and services you request; to communicate with you and provide you with information; to provide you with personalized content and information; process your request; and to send you other information related to your request. They are disclosed for administrative purposes to service providers.
- Internet or other similar network activity and information about your visit to our Sites, including access times, websites you visit before and after you visit ours, and information about your computer hardware and software, such as your IP address, browser type, and domain names. This information is sourced indirectly from you (e.g., from observing your actions on our Sites). They are used to provide you with personalized content, information, and/or to send you information on our services. They are disclosed for administrative, business purposes.
- Online submissions for employment. We also may collect personally identifiable information from you if you apply for a job via our Sites. This information is sourced directly from you. They are used to communicate with you, provide you with information in response to your employment inquiry, and/or to process your request. They may be disclosed to service providers for administrative purposes.
Non-personally Identifiable Information
ERC also collects non-personally identifiable information about your visit to our Sites. This information is aggregated and cannot be used to identify you personally.
Cookies and Similar Technologies
We use, and allow certain third parties to use, cookies and other similar technologies to provide our services and to help collect data. We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which we explain below:
- Essential. Some cookies are essential in order to enable you to move around our Sites and use their features, such as accessing secure areas of the Sites. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
- Browsing and functionality. These cookies allow us to remember choices you make on the Sites, such as your preferred language, and provide enhanced, more personalized features.
- Performance and analytics. We use our own cookies and third-party cookies to see how you use our Sites in order to enhance their performance and develop them according to your preferences. We use Google Analytics, for example, to track website usage and activity. You can opt-out of the Google Analytics Advertising Features we use by indicating your preference using the interest-based opt-out link here. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics here.
There are several ways to manage cookies. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provides information on how to accept cookies, disable cookies, or to notify you when receiving a new cookie. Please note, however, that by blocking or deleting cookies which are “strictly necessary,” you will not be able to access certain features of our Sites.
In the US, the Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit http://www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.
Use of Your Information
1. Use of Your Personally Identifiable Information
ERC uses the personally identifiable information that is collected via its Sites primarily for the following purposes:
- To deliver requested information to you, such as sending you newsletters or information regarding educational seminars or other events that we believe may be of interest to you.
- To process your request for employment.
- To complete any other transaction or service requested by you.
- To notify you about a material change to this Privacy Policy or the Terms of Use, if necessary.
If ERC collects your personally identifiable information for one of the purposes described above, it may store such information on its servers or in one (or more) of its databases. If you do not want ERC to use and store your information in accordance with this policy, please do not submit any personally identifiable information to ERC or its employees.
2. Use of Non-personally Identifiable Information
ERC uses your non-personally identifiable information to manage its Sites. ERC may analyze the data about visits to the Sites to make them more accessible and interesting for visitors. ERC may share that data with third parties to provide services for ERC associated with the maintenance of the Sites.
Legal Bases for Processing
We base the above-mentioned processing activities of your personally identifiable information on the following legal bases:
- Processing for the purpose of delivering requested information to you is based on your consent.
- Processing for the purposes of handling requests for employment, completing a transaction requested by you, and notifying you about changes to our policies as necessary to establish and fulfill a contract with you and also based upon our legitimate interests.
Sharing and Disclosure of Information
1. Personally Identifiable Information
ERC may share or disclose your personally identifiable information in the following instances:
- To fulfill a service to you. For example, if you choose to attend a webinar or other educational seminar advertised or promoted by ERC, we may share your personally identifiable information with a third party in order to provide that service to you.
- To process a request made by you. For example, if you apply for a job via our Sites, we may share your information with third-party headhunters or other third parties in order to analyze and fulfill your request for employment.
- To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, maintaining and analyzing data and sending customer communications on ERC’s behalf). By agreement, we seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any purpose other than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Sites will have access to users’ personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not submit any personally identifiable information to us.
- To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of ERC or act in urgent circumstances to protect the personal safety of our end users.
- To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions and sales of all or substantially all of our assets.
- To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your personally identifiable information to any third parties.
2. Non-personally Identifiable Information
We use non-personally identifiable information collected on the Sites in the manner disclosed above. We may share this non-personally identifiable information with third parties.
Choice
If you receive an email communication from EKAMOR RESOURCE CORPORATION and you would prefer not to receive such an email communication, please either notify the sender of that email or follow the unsubscribe instructions in the email. ERC will take reasonable efforts to honor any such request and/or delete your information from its managed databases, if applicable.
Third-Party Websites
This online Privacy Policy does not apply to the Websites of other companies, individuals or organizations to which we may provide links. These Websites may have different policies relating to your privacy and information they collect about you. Visitors should consult other websites’ privacy policies, as we have no control over information that is submitted to, or controlled by, third parties.
Bulletin Boards and Blogs
From time to time, we may operate bulletin boards and/or blogs that serve to provide visitors with information. You are not required to submit any personally identifiable information with a posting on a bulletin board or leave a comment on a blog. PLEASE EXERCISE CAUTION WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
Assignment
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant ERC the right to assign the personally identifiable and non-personally identifiable information collected via the Sites.
International Transfer of Information
If you choose to provide us with personally identifiable information, it may be stored in the United States and in other jurisdictions. If you are visiting our Sites from the European Union or other regions with laws governing data collection and use, please note that your personally identifiable information may be transferred to the United States, and to other jurisdictions, which may not have the same data protection laws as the European Union and may not afford many of the rights conferred upon data subjects in the European Union. You acknowledge that you understand: (i) your personally identifiable information may be used for the uses identified above in accordance with this Privacy Policy; and (ii) your personally identifiable information may be transferred to the United States, or other jurisdictions as indicated above.
Changes to this Privacy Policy
ERC reserves the right to change this Privacy Policy from time to time. When we do, we will also revise the “Last Updated” date at the beginning of this Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of personally identifiable information that you have provided to us, we send a notice to the primary email address that was provided to us by you and place a prominent notice on our Sites.
Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, ERC cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to ERC is done at your own risk. ERC has, however, implemented firewalls to discourage unauthorized access via the Internet.
Data Retention
We will keep your personally identifiable information for as long as necessary to perform the purposes set out in this Privacy Policy. Laws may require us to hold certain information for specific periods.
Your Individual Rights in the European Union, the European Economic Area, the United Kingdom, and Switzerland
For residents of the European Union, the European Economic Area, the United Kingdom, and Switzerland, you may be entitled to ask us for a copy of your information, to correct it, erase or restrict its processing, or ask us to transfer some of this information to other organizations. You may also have the right to object to some processing activities and, where we have asked for your consent to process your information, to withdraw this consent. These rights may be limited in some situations, for example, where we can demonstrate that we have a legal requirement to process your information. In some instances, this may mean that we are able to retain your information even if you withdraw your consent.
We hope we can satisfy any queries you may have about the way we process your data. If you have any concerns about how we process your data, or would like to opt-out of receiving marketing communications, please contact us at info@EKAMOR.com.
For residents of the European Union, the European Economic Area, the United Kingdom, and Switzerland in the event you have unresolved concerns, you also have the right to complain to a data protection authority.
Your California Privacy Rights
California Civil Code Section 1798.83 permits visitors to the Sites who are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us at 888.727.7180 or info@EKAMOR.com and put “Shine the Light” in the subject line of your request.
From January 1, 2020, California consumers have the following rights. To the extent that these rights apply to you, the following rights are provided:
- Right to know
You have the right to know and request information about the categories and specific pieces of we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold or disclosed your personally identifiable information. You may also request a copy of the personally identifiable information we have collected and, upon request, we will provide this information to you in electronic form. - Right to delete
You have the right to request the deletion of your personally identifiable information, subject to certain exceptions and our record retention policy. - Right to opt-out of sale
You have the right to opt-out of the sale of your personally identifiable information to third parties. However, we do not sell your data at this time. - Right to non-discrimination
You have the right to not be discriminated against for exercising any of these rights.
If you would like to exercise one or more of the rights above, please contact us by calling 888.727.7180 or emailing us here. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered to conduct business in California with the California Secretary of State. We will deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
We may need to confirm your verifiable consumer request before completing your request, and, for example, may ask for you to confirm data points we already have about you. We will only use personally identifiable information provided in a consumer request to verify the requestor’s identity or authority to make the request.
Special Policy Regarding Information from Children
EKAMOR RESOURCE CORPORATION and its Sites are not targeted to children under the age of 13, or 16 in the European Union, and ERC does not knowingly collect personally identifiable information from any child under the age of 13, or 16 in the European Union, without parental consent. If we become aware that such data has been collected, we will delete it.
How We Respond to Do Not Track Signals
Certain web browsers and other programs may be used to signal your preferences to us about how or whether we or third parties may collect information about your online activities. As there are no globally recognized “Do Not Track” settings, we do not support “Do Not Track” browser settings and do not currently participate in any frameworks that would allow us to respond to signals or other mechanisms from you.
Dispute Resolution
By using the Sites, you and ERC agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to EKAMOR RESOURCE CORPORATION at 610 N Pickard Ave., Cookeville, TN 38501. Notice to you shall be provided at the address we have on file for you.
Both you and ERC agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the State of Tennessee before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.
Choice of Law and Forum
You agree that the laws of the State of Tennessee govern the Privacy Policy and any claim or dispute that you may have against us, without regard to Tennessee’s conflict of laws rules. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Putnam County, Tennessee and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THIS PRIVACY POLICY, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE DISTRICT OF COLUMBIA FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Contact Us
For questions about this policy and/or to contact us with any questions, please contact us at:
info@ekamor.com or 888.727.7180
