Privacy Policy
1. Introduction and Scope
ESK Construction Inc., a California corporation ("ESK," "Company," "we," "us," or "our"), respects your privacy. This Privacy Policy (the "Policy") explains what personal information we collect through the website located at www.esk.construction and any subdomains (the "Site"), how we use and share that information, and the choices and rights available to you.
This Policy applies to information collected through the Site and through related interactions such as contact forms, telephone calls, text messages, and email inquiries. It does not apply to information governed by a separate written contract between you and ESK, including any Service Agreement, which controls in the event of a conflict with this Policy.
By using the Site, you acknowledge that you have read and understand this Policy. This Policy is incorporated into and forms part of our Terms and Conditions.
2. Information We Collect
2.1 Information you provide directly. When you submit a contact form, request an estimate or consultation, apply for employment, submit subcontractor or vendor qualifications, or otherwise communicate with us, we may collect your name, company or organization name, email address, telephone number, mailing address, project address, project type, budget range, project timeline, and the contents of any message, drawing, plan, specification, photograph, or document you send us.
2.2 Property and project information. Because we provide construction services, inquiries frequently include information about real property, such as the address of a residence or commercial site, current conditions, permit history, existing plans, ownership or tenancy status, and photographs of the property.
2.3 Employment and vendor information. If you apply for a position or seek to become a subcontractor or supplier, we may collect résumé and work-history information, references, licensing and certification numbers, insurance and bonding information, business tax identification information, and any other information you choose to submit.
2.4 Information collected automatically. When you visit the Site, our servers and service providers automatically collect certain technical information, including your IP address, browser type and version, operating system, device identifiers, referring and exit pages, pages viewed, links clicked, approximate geographic location derived from IP address, and the dates and times of your visits.
2.5 Information we do not seek. We do not request, and ask that you do not submit through the Site, Social Security numbers, driver's license numbers, financial account or payment card numbers, government-issued identification numbers, health or medical information, biometric information, or precise geolocation data. If you send us such information anyway, you do so at your own risk.
3. How We Collect Information
3.1 Directly from you. Through forms, email, telephone calls, text messages, and in-person or virtual meetings.
3.2 Automatically. Through cookies, pixels, log files, and similar technologies described in Section 5.
3.3 From third parties. From lead-referral services, advertising platforms, review platforms, property data providers, general contractors, architects, designers, property managers, and others who refer you to us or with whom you have engaged.
4. How We Use Information
4.1 Responding to you. To answer your inquiry, provide requested information, schedule consultations or site visits, and prepare estimates, bids, and proposals.
4.2 Providing Services. To plan, coordinate, perform, and administer construction and construction-related services, including permitting coordination, scheduling, and communications with owners, architects, engineers, inspectors, subcontractors, and suppliers.
4.3 Business operations. To maintain records, process payments and invoicing, manage insurance and bonding, evaluate job applicants and prospective trade partners, and conduct internal analytics and quality improvement.
4.4 Marketing. To send information about our services, project updates, and company news, subject to the consent and opt-out provisions in Section 7.
4.5 Legal and safety. To comply with applicable law, licensing and regulatory obligations, building and safety requirements, subpoenas and lawful requests; to enforce our agreements; and to establish, exercise, or defend legal claims.
4.6 Site operation and security. To operate, maintain, secure, and improve the Site, detect and prevent fraud or abuse, and diagnose technical problems.
5. Cookies, Analytics, and Tracking Technologies
5.1 What we use. The Site uses cookies and similar technologies, including strictly necessary cookies required for the Site to function, and analytics cookies that help us understand how visitors use the Site.
5.2 Analytics providers. We use third-party analytics services, which may set their own cookies and collect information about your use of the Site. These providers process that information under their own privacy policies.
5.3 Advertising and retargeting. We may permit advertising partners to place cookies or pixels on the Site that allow them to recognize your device across websites and show you advertisements for our services. Under California law, this activity may be considered "sharing" of personal information for cross-context behavioral advertising, and you may opt out as described in Section 12.
5.4 Managing cookies. Most browsers let you refuse or delete cookies through their settings. Disabling cookies may cause portions of the Site to function improperly. You may also opt out of certain interest-based advertising through industry tools such as the Digital Advertising Alliance's opt-out page or the Network Advertising Initiative's opt-out page.
6. How We Share Information
6.1 Service providers. We share information with vendors who perform services for us, including website hosting, form processing, email and text messaging platforms, customer relationship management, analytics, accounting, and IT support. These providers are permitted to use the information only to perform services for ESK.
6.2 Project participants. When you engage us or request an estimate, we may share relevant information with subcontractors, suppliers, architects, engineers, designers, surveyors, testing and inspection firms, and permitting authorities as reasonably necessary to evaluate, price, permit, or perform the work.
6.3 Professional advisors and insurers. With our attorneys, accountants, auditors, insurers, surety providers, and similar advisors.
6.4 Legal and regulatory. When required by law, court order, subpoena, or governmental or licensing authority request; when necessary to protect the rights, property, or safety of ESK, our clients, our personnel, or the public; and in connection with the investigation of suspected fraud or illegal activity.
6.5 Business transfers. In connection with a merger, acquisition, financing, reorganization, sale of assets, or bankruptcy, information may be transferred as a business asset, subject to this Policy or a successor policy.
6.6 No sale of personal information for money. ESK does not sell your personal information for monetary consideration. Certain advertising and analytics activity described in Section 5.3 may nonetheless qualify as "selling" or "sharing" under California law, and Section 12 describes how to opt out.
7. Text Messages, Calls, and Email Communications
7.1 Consent to contact. By submitting your contact information through the Site, you consent to receive communications from ESK at the telephone number, email address, and mailing address you provide, including calls, text messages, and email regarding your inquiry, your project, scheduling, and our services. This mirrors Section 11 of our Terms and Conditions.
7.2 Ownership of the number. You represent that any telephone number you provide is a number you own or are authorized to provide, and you agree to notify us promptly if that number is reassigned or you no longer wish to be contacted at it.
7.3 Rates and frequency. Message and data rates may apply to text messages. Message frequency varies. You may opt out of text messages at any time by replying STOP to any message, and you may request help by replying HELP.
7.4 Marketing consent is not a condition of service. Consent to receive marketing communications is not a condition of purchasing or receiving any services from ESK. You may opt out of marketing email at any time by using the unsubscribe link in the message or by contacting us using the information in Section 19.
7.5 Transactional messages. Even if you opt out of marketing communications, we may continue to send you non-marketing messages relating to an active inquiry, an active project, billing, safety, warranty, or legal matters.
8. Project Photographs, Site Visits, and Property Information
8.1 Photographs and documentation. In the ordinary course of construction work we photograph and document job sites for quality control, progress reporting, safety, warranty, insurance, and dispute-resolution purposes. These records may depict property, structures, and, incidentally, individuals present on site.
8.2 Marketing use. We may use project photographs, renderings, and descriptions in our portfolio, on the Site, and in marketing materials. Where a project involves a private residence, we obtain the client's permission before publishing identifying information, and we do not publish client names or exact street addresses without consent.
8.3 Requests for removal. If you believe a photograph or description published by ESK identifies you or your property and you would like it removed, contact us using the information in Section 19 and we will review the request in good faith.
9. Job Applicants, Subcontractors, and Vendors
9.1 Use of applicant information. Information submitted by job applicants is used to evaluate candidacy, verify qualifications and references, and, if an offer is made, to conduct lawful pre-employment processes and administer employment.
9.2 Trade partner information. Information submitted by prospective subcontractors, suppliers, and vendors is used to evaluate qualifications, verify licensing, insurance, and bonding, and administer the commercial relationship.
9.3 Retention. We retain applicant and trade partner records for the period required by applicable law and our internal record-retention practices.
9.4 Separate notices. Employees, applicants, and independent contractors may receive additional privacy notices specific to those relationships, which supplement this Policy.
10. Data Retention
10.1 Retention periods. We retain personal information for as long as reasonably necessary for the purposes described in this Policy, including to respond to inquiries, perform and close out projects, satisfy warranty and statute-of-repose obligations applicable to construction work, comply with legal, tax, licensing, insurance, and accounting requirements, and resolve disputes.
10.2 Construction records. Because California law imposes extended liability periods for construction defects, project records including plans, submittals, correspondence, inspection reports, and photographs are typically retained for a substantially longer period than general inquiry records.
10.3 Deletion. When information is no longer needed, we take reasonable steps to delete it or render it de-identified or anonymized.
11. Data Security
11.1 Safeguards. We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, and destruction.
11.2 No guarantee. No method of transmission over the internet or method of electronic storage is completely secure. We cannot and do not guarantee the absolute security of any information you transmit to us, and you transmit information at your own risk.
11.3 Your role. Do not send sensitive information by unsecured email or through the Site's contact forms. If you must transmit sensitive information, contact us first and we will arrange a more appropriate method.
12. Your California Privacy Rights
12.1 Scope. The California Consumer Privacy Act, as amended by the California Privacy Rights Act (together, the "CCPA"), grants California residents specific rights regarding personal information. To the extent the CCPA applies to ESK, and as a matter of policy where it does not, ESK honors the rights described below for California residents.
12.2 Right to know. You may request that we disclose the categories and specific pieces of personal information we have collected about you, the categories of sources, the business or commercial purposes for collecting it, and the categories of third parties to whom we disclose it.
12.3 Right to delete. You may request that we delete personal information we collected from you, subject to exceptions including our need to complete a transaction, provide a requested service, comply with legal obligations, or exercise or defend legal claims.
12.4 Right to correct. You may request that we correct inaccurate personal information we maintain about you.
12.5 Right to opt out of sale or sharing. You may direct us not to sell or share your personal information for cross-context behavioral advertising. To exercise this right, contact us using the information in Section 19.
12.6 Right to limit use of sensitive personal information. ESK does not collect sensitive personal information for the purpose of inferring characteristics about you, and does not use or disclose it beyond the purposes permitted without a limitation right.
12.7 Right to non-discrimination. We will not deny you services, charge you a different price, or provide a different level or quality of service because you exercised any of these rights.
12.8 How to submit a request. Submit a request by email or telephone using the contact information in Section 19. We will acknowledge receipt within ten business days and respond within forty-five calendar days, which may be extended by an additional forty-five days where reasonably necessary, in which case we will notify you.
12.9 Verification. Before responding to a request to know, delete, or correct, we must verify your identity. We will ask you to provide information that allows us to reasonably match you to the personal information we hold. We will not use information provided for verification for any other purpose.
12.10 Authorized agents. You may use an authorized agent to submit a request on your behalf. We may require the agent to provide written proof of authorization and may require you to verify your identity directly with us.
13. California "Shine the Light" and Online Disclosures
13.1 Shine the Light. California Civil Code Section 1798.83 permits California residents to request information about disclosure of personal information to third parties for those third parties' own direct marketing purposes. ESK does not disclose personal information to third parties for their own direct marketing purposes.
13.2 California Online Privacy Protection Act. This Policy is provided in accordance with the California Online Privacy Protection Act. The categories of personally identifiable information we collect are described in Section 2, the categories of third parties with whom we may share it are described in Section 6, and the process for reviewing and requesting changes to your information is described in Sections 12 and 19.
13.3 Notice of changes. The process by which we notify users of material changes to this Policy is described in Section 18.
14. Residents of Other U.S. States
14.1 State privacy laws. Residents of certain other states, including Virginia, Colorado, Connecticut, Utah, Texas, Oregon, and Montana, may have rights under their own state privacy laws, which can include the right to confirm whether we process personal data about them, to access and obtain a copy of that data, to correct inaccuracies, to delete personal data, and to opt out of targeted advertising, sale of personal data, and certain profiling.
14.2 Exercising these rights. To the extent these laws apply to ESK, you may exercise the rights available to you by contacting us using the information in Section 19. We will respond within the time period required by applicable law.
14.3 Appeals. If we decline to act on your request and your state's law provides an appeal right, you may appeal by replying to our response or contacting us using the information in Section 19. If your appeal is denied, you may contact your state Attorney General.
15. Children's Privacy
15.1 Not directed to children. The Site is intended for adults and is not directed to children under the age of sixteen. We do not knowingly collect personal information from children under sixteen.
15.2 Removal. If you believe a child under sixteen has provided personal information to us, contact us using the information in Section 19 and we will take reasonable steps to delete it.
16. Third-Party Links and Services
16.1 External sites. The Site may contain links to, or embedded content from, third-party websites, platforms, mapping services, review sites, and social media. We do not control those third parties and are not responsible for their privacy practices.
16.2 Their policies govern. Information you provide to a third party is governed by that party's privacy policy, not this one. We encourage you to review the privacy policy of any site you visit.
17. Do Not Track Signals
17.1 Our response. Some browsers transmit "Do Not Track" or similar signals. There is no common industry standard for how such signals should be interpreted, and the Site does not currently respond to them.
17.2 Opt-out preference signals. Where required by California law, we honor recognized opt-out preference signals, such as Global Privacy Control, as a valid request to opt out of the sale or sharing of personal information for the browser or device transmitting the signal.
18. Changes to This Policy
18.1 Updates. We may update this Policy from time to time to reflect changes in our practices, technology, or legal requirements. The "Last updated" date at the top of this page indicates when it was last revised.
18.2 Material changes. If we make material changes, we will post the revised Policy on this page and update the "Last updated" date. Where required by law, we will provide additional notice.
18.3 Continued use. Your continued use of the Site after a revised Policy takes effect constitutes your acknowledgment of the revised Policy.
19. How to Contact Us
19.1 Privacy inquiries and requests. To ask a question about this Policy, request access to or deletion of your information, correct your information, opt out of sale or sharing, or opt out of marketing communications, contact us using any of the methods below.
19.2 Email. info@esk.construction
19.3 Telephone. +1 (800) 448-8057
19.4 Mail. ESK Construction Inc., 10940 Wilshire Blvd., Suite 1600, Los Angeles, CA 90024
19.5 Response. Please include enough detail for us to locate your information and understand your request. If you are submitting a request under Section 12 or Section 14, please say so, so that we apply the correct timelines.