Personal Data shall mean any information relating to an individual who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
The Element5 Sites and Services are provided by Element5 Inc, a Delaware corporation. Users may access the Element5 Sites to obtain reports and other relevant information pertaining to services rendered by us.
Through the Element5 Sites and Services, we collect the following information:
Our legitimate interest to collect and process the Personal Data is to optimize the Element5 Sites and Services, improve user experience and to improve our internal process efficiency. These activities are necessary to fulfil our interest in creating a better platform and helping us create better technology and better communications.
We use your Personal Data to send marketing communications about our products and services and offerings from our affiliates. We may send these communications via email, post or call. As for most companies, our ability to market our products and services is necessary for our commercial interests and may allow us to expand our customer base.
For any uses on the basis of legitimate interest, we conduct a legitimate interest assessment to ensure that such processing isn’t overridden by your rights or interests.
Following are the ways we collect your Personal Data:
We use Personal Data only when we are allowed to do so under applicable laws and only for the purposes for which we collected the same. Most commonly, the purposes are the performance of a contract with you or your employer, rendering the Services and compliance with legal or regulatory obligations.
We may use Personal Data for the following purposes:
We may provide access to or share your information with certain selected third parties who perform services on our behalf. These third parties provide a variety of services to us, including without limitation billing, sales, marketing, provision of content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, payment processing, and legal or accounting/financial services.
We may use Personal Data for other compatible purposes as above if we think we need to do so.
The Element5 Sites may contain links to other websites not operated by us. We are not responsible for the privacy practices or the content of such websites. The links from the Element5 Sites to other websites do not imply that we endorse or have reviewed these third-party websites. We suggest contacting the operators of those websites directly for information on their privacy policies.
Personal Data related to you is treated as strictly confidential and we have taken appropriate technical and organizational security measures against loss and unlawful processing of such information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any reason to believe that your interaction with us is no longer secure (such as, if you feel that the security of any account you might have with us has been compromised), please notify us immediately about the problem by contacting us.
We only store your Personal Data for as long as it is necessary to achieve the purposes mentioned here or as per the storage periods required by law, whichever is longer. After discontinuation of the respective purposes, the corresponding data will be blocked or deleted in accordance with legal requirements.
You may access the Personal Data we hold about you at any time by contacting us. We will be happy to correct, edit, limit, or delete your Personal Data (subject to limitations) at your request, provided that no statutory storage requirements are in conflict. You can also contact us to update or correct any inaccuracies in your Personal Data. If your Personal Data stored with us has been processed incorrectly, out-of-date, or unlawful, you can restrict its processing by us. Finally, you may change or revoke your consent to the processing of your personal information at any time with future effect. In certain situations, when the data we hold about you is no longer relevant or is incorrect, you can request that we erase your data. You have the right to complain about the improper processing of your Personal Data (such as collection, storage, modification, transfer, deletion, etc.). You may contact us at email@example.com or at the address listed below anytime for any other queries/requests you may have about your Personal Data and our use of such Personal Data. Our legal basis for the disclosure, correction, deletion, limitation of processing and data transmission is the respective request of the data subject. You can object to the use of your personal data for direct marketing at any time. We will then refrain from any processing to the extent it is related to such purposes. You can inform us about your objection by contacting us through the contact details provided above.
We will take reasonable steps to ensure the accuracy and completeness of the Personal Data that we hold. However, if a person believes that any Personal Data that we hold about him/her is inaccurate or out of date, they should contact us through the contact details provided above.
Please note that we may need to retain certain information for record-keeping purposes. There may also be residual information that will remain within our databases and other records, which will not be removed.
Element5 Sites collect information that identifies, relates to, describes, references is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, our Element5 Sites have collected the following categories of personal information from its consumers within the last twelve (12) months:
Personal information does not include:
Element5 Inc. obtains the categories of personal information listed above from the following categories of sources:
We may use or disclose the personal information we collect for one or more of the following business purposes:
Element5 Inc. 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.
Element5 Inc. 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.
We share your personal information with the following categories of third parties:
In the preceding twelve (12) months, Company has not disclosed any personal information for a business purpose.
In the preceding twelve (12) months, the Company has not sold personal information.
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that Element5 Inc. disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
You have the right to request that Element5 Inc delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, 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 only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must
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.
You can exercise sale opt-out rights by writing to firstname.lastname@example.org with the subject: Opt-out of Sale.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
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.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also 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.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of Element5 Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com.
Element5 Inc. reserves the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated Notice on the Element 5 Sites and update the Notice's effective date. Your continued use of Element5 Sites following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this Notice, the ways in which Element Inc. collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
1245, Lincoln Avenue, 2nd Floor San Jose, CA 95125