Welcome to this website (the “Site”), which is operated by Elements LLC (“Elements,” “we,” or “us”).
Elements knows that you care about your personal information, and your privacy is important to us. This Privacy Statement explains what personal information and data we collect from you and how we use it. Please read it with care.
BY VISITING THE SITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY STATEMENT.
This policy is prepared in compliance with the requirements of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the California Consumer Privacy Act (“CCPA”), Massachusetts law, MGL c.214, § 1B, and Nevada law, SB538, as each law is in force from time to time. Where a particular provision applies to EU-based or California-based users only, we have made this clear. Our nominated person for privacy matters and data protection is Lauren Sutter and her contact details are firstname.lastname@example.org.
1. What Personal Information Do We Collect?
We collect information to improve our services and your experience on the Site. We collect the following types of information:
Information that you give to us. We collect and store any information that you enter on the Site or that you otherwise give to us. For instance, you provide us with information if you search for a product, place an order, register on the Site, send e-mail to us, submit content, or participate in a promotion. As a result of these activities, you might supply us with such information as your name, address, phone numbers, e-mail address, credit card and other financial information, passwords and password hints, and the names, addresses, e-mail addresses, and phone numbers of the people to whom you ship purchases. You can choose not to provide certain data, but then you might not be able to take advantage of many of our features and services.
E-mail communications. To make our e-mail more relevant to you, we may include a web beacon or other tools that provide us with a confirmation that you have opened an e-mail that we have sent to you, if your computer supports such features. We may also compare our customer list with lists that we receive from other sources, to avoid sending duplicate or unnecessary messages to our customers. You can adjust your communication preferences by contacting Elements via e-mail at email@example.com.
Information from other sources. We may receive information from other sources and add it to the information about you that we store. For example, we may receive updated delivery and address information from carriers or other third parties; information about your web searches; credit history information; or information from other merchants or third parties that provide services for us. We may also receive information from businesses or organizations with whom we offer co-branded products or otherwise collaborate.
2. Comments and User Content
Certain features on the Site or Services may allow you to submit content that is designed to be visible to other users, such as comments, recommendations, reviews, and ratings. Any information that you disclose in these submissions becomes public, along with your screen name or ID, any image or photo, or other information that you have made available. The Site and Services may also allow you to submit geolocation data that may be associated with your content (both within Elements and publicly on the Site and Services). Most mobile devices and browsers provide users with the ability to disable location services. Please contact your mobile service carrier or device manufacturer for that information.
The technologies we use for the automatic data collection described in this section may include:
Analytics. We may enter into contracts with third-party service providers to collect non-personally identifiable data on behalf of Elements and provide us with information, reports, and analysis about the usage, general location information, and browsing patterns of users of the Site and Services.
4. How Do We Use The Information That We Collect?
To provide you with services and to communicate with you. Our primary goal in collecting information is to improve your experience on our Site and Services. We use your information to customize certain features of the Site and Services, for instance, to tailor your experience to the type of device you are using to access the Site and Services. We may use your history, for instance, to recommend certain content to you.
We also use the information that we collect to provide you with the services that you’ve requested, such as allowing you to access or submit content and to fulfill any orders for products.
We also use your personal information to contact and communicate with you. For instance, we use your information to provide you with legal notices or to advise you of any changes to the Services or to our Terms of Service or this Policy.
We may also use information about you and your activities on the Site or Services to send you offers, promotions, and information that may be of interest to you. If you do not wish to receive such communications, you can adjust your communication preferences by contacting Elements via e-mail at firstname.lastname@example.org.
To provide you with relevant advertising. We may display offers from our partners or advertisements to you. We use the information that we collect from you to allow advertising to be targeted to the relevant audience. For instance, we may use demographic and preference information that you provide to deliver targeted advertising. This allows users to see the advertising that is most likely to interest them and allows our advertisers to provide their content to people who are most likely to be receptive. If we disclose information to third-party advertisers, it is only in aggregate or de-identified form.
To improve the Site and Services. We may do research into our users’ demographics, interests, purchasing behavior, and the ways they use the Site and Services. In doing these analyses, we may use the personal information that you provide to us in addition to the data from our server log files or from surveys. This research allows us to better understand our users and to improve our products and services. We may share aggregated, de-identified data with advertisers or other businesses. We may also match user information with third-party data, subject to the terms of confidentiality agreements. For example, we may use information from other companies to customize certain services to your geographic area based upon your IP address.
If you are based in the EU or in California, we will only use your personal information for electronic marketing purposes if we are allowed to do this by law or if we have your consent. If you agree to us providing you with marketing information, you can always opt out at a later date. If you would rather not receive marketing material from us, please let us know at any time by contacting us via e-mail at email@example.com.
5. Why We Collect Your Personal Information
We collect this information for the purposes described in the section titled “How We Use Your Information”. The lawful basis for which we process your information is:
processing is necessary for the performance of a contract to which you are a party. If you fail to provide this information, we may be unable to perform the contract;
processing is necessary for compliance with our legal obligations.
processing is necessary for the purpose of the legitimate interest pursued by us or a third party, except where your rights as a data subject override our legitimate interest.
6. How Do We Share Information That We Receive?
Elements is not in the business of selling your personal information to others. We share the information that you provide only with our affiliated entities, to vendors that provide services under contracts with us (such as hosting companies and list managers), to fulfill your orders, to provide you with services you’ve requested, or for the specific purposes set forth below.
Unless otherwise stated in this Privacy Statement or at the time of collection, our policy is that we will not sell, rent, share, or authorize any third party to use your email address or any information that personally identifies you without giving you prior notice. In the future, we may sell, buy, merge or partner with other companies or businesses. In the event of such a transaction or transactions, we may include your information among the transferred assets.
We also share information about our users and customers in aggregate or de-identified form, and nothing in this Privacy Statement restricts our use of aggregated or de-identified information in any way.
Please note that it may be necessary to disclose your personal information and your opt-out preference to third parties to allow them to remove or suppress your name from future solicitations.
In addition, we may use or share your personally identifiable information in the following circumstances:
Service providers. We have contracts with third parties to provide services on our behalf, such as credit-card and payment processing, shipping, e-mail distribution, list processing, analytics, and promotions. We provide these service providers with only the information that they need to perform their services, and we have written agreements that prohibit them from using this information in any other way or sharing or reselling the information.
Contests and promotions. We may display contests and promotions on the Site or Services that are sponsored by companies other than Elements or that are co-sponsored by another company and us. Some or all of the personal information that you provide in connection with such a contest or promotion may be shared with the sponsor. The exact rules may vary in each case but the specific rules for any contest or promotion will state how that information may be used. You can decide not to participate in the contest or promotion if you don’t want your personal information to be shared, but you may not be able to participate if you chose not to share personal information.
Legal process and other special circumstances. We may disclose your information, including personal information, in response to a request from law enforcement, a subpoena, or a court order, or when we may otherwise be required by law. We may also disclose or use your personal information in special cases when we have a good faith belief that disclosing or using this information may be necessary to (1) identify, contact, or bring legal action against someone who may be violating our Terms of Service; or (2) protect our rights or property, including protecting against the misuse or unauthorized use of the Site or Services; or (3) protect the personal safety or property of other users of the Site or Services or the public.
International Transfers (EU based users)
If you are based in the EU, we will need to transfer your personal information to the USA for the purposes listed in this policy. Rest assured that we will always ensure any transfer is subject to appropriate security measures to safeguard your personal information.
7. For How Long Do We Keep Your Personal Information?
We keep your information for no longer than is necessary. We will retain your information for any period required by law, and where we are not under a legal obligation to retain your information, we will determine what is necessary by reference to the lawful basis for processing set out above and our legitimate interests.
If you have any questions about how long we keep your information, please contact us.
8. How Do We Communicate With You?
Elements does not share, sell, rent, swap or authorize any third party to use your e-mail address for commercial purposes without your permission. If you believe that you have received an e-mail from us in error, please contact us at firstname.lastname@example.org.
We may send you e-mail relating to your account, such as confirmations, notifications about changes to the Site or Services and/or to our Privacy Statement, and similar transactional communications. If you have registered for online discussions or similar services, you may also receive e-mail relating to your participation in those activities.
If you sign up to receive our newsletter, we will send it to the e-mail address that you provide. If you decide that you no longer wish to receive the newsletter, you can use the “unsubscribe” feature in each such email or send us an email at email@example.com.
From time to time we may send you e-mail about products and services that we think may be interesting to you. If you do not wish to receive these communications, you can use the “unsubscribe” feature in each such email or send us an email at firstname.lastname@example.org.
We may occasionally send you an e-mail inviting you to provide feedback or participate in a survey. This feedback allows us to improve our Site and Services. Unless otherwise stated in the invitation, any information you provide will not be shared with third parties except in aggregate form.
You can choose to receive e-mail in either plain text or in HTML format. When we send you e-mail in HTML format, we may include a web beacon or pixel so that we can determine whether you have opened the e-mail. We will share this information only in aggregate form.
If you contact us by e-mail, we will use your e-mail address to respond to you. Please exercise caution in disclosing personal information, as email sent over the internet is not necessarily secure.
Our Site may offer a “send this by email” feature that allows you to inform a friend about a product we offer. We may save the e-mail addresses that you provide, for your future convenience, but we do not use them for any other purpose.
9. Links to Other Sites
10. How Do We Protect Your Information?
Elements has implemented commercially reasonable physical, technical, and administrative controls and procedures to protect the information that we collect. Unfortunately, no method of storage or transmission over the Internet can be 100% secure, and so we cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Please help keep your account safe by using a strong password.
11. How Do You Review Or Change Your Personal Information?
If you would like to review or update the personal information that you have provided to us, please logon to your account or send an email to email@example.com or contact us by mail, and we’ll provide you with a summary of that information. This provision does not apply to information that we collect automatically from your device or browser, as described in Section 1, above.
12. Your Rights Under Data Protection Law (If You Are Based in the EU)
If you have created an account with us, you can sign into your account to access and update your information. You can manage your marketing preferences at any time via your account.
You have a right to ask us to confirm whether we are processing information about you and to request access to this information (‘right of access’). You also have the right to be informed of the safeguards we have in place relating to any transfers of your information to another country.
You may ask us, or we may ask you, to rectify information you or we think is inaccurate, and you may also ask us to remove information which is inaccurate or complete information which is incomplete (‘right to rectification’). If you inform us that your personal data is inaccurate, we will inform relevant third parties with whom we have shared your data so they may update their own records.
We want to ensure that your personal information is accurate and up to date. If any of the information that you have provided us with changes, for example if you change your email address, name, payment details, or if you wish to cancel your registration, please let us know using the contact details at the end of this policy.
You have a right to obtain your personal data from us and reuse it for your own purposes, perhaps for another service, without hindering the usability of the data (‘right of portability’). This right does not apply where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
You have a right to seek the erasure of your data (often referred to as the ‘right to be forgotten’). You may wish to exercise this right for any reason, for example where it is no longer necessary for us to continue holding or processing your personal data you may withdraw your consent. You should note that we are entitled to and reserve the right to retain your data for statistical purposes. This right is not absolute, as we may need to continue processing this information, for example, to comply with our legal obligations, or for reasons of public interest.
You have a right to ask us to restrict our processing of your information (‘right to restriction’) if:
you contest its accuracy and we need to verify whether it is accurate
the processing is unlawful and you ask us to restrict use of it instead of erasing it
we no longer need the information for the purpose of processing, but you need it to establish or defend legal claims
you have objected to processing of your information being necessary for the performance of a task carried out in the public interest, or for the purposes of our legitimate interests. The restriction would apply while we carry out a balancing act between your rights and our legitimate interests.
you exercise your right to restrict processing, we would still need to process your information for the purpose of exercising or defending legal claims, protecting the rights of another person or for public interest reasons.
You have a right to prevent us from processing your data for the purposes of marketing.
If you would like to exercise any of your rights above, please let us know using the contact details at the end of this policy. We will act in accordance with your instructions as soon as reasonably possible and there will be no charge.
You have a right to report any of your concerns about our use of your data to the relevant data protection authority in your EU country.
13. How Do We Respond To “Do Not Track?"
14. How Do We Protect Children’s Privacy?
Elements does not sell products for purchase by children. The Site and Services are not intended for anyone under the age of 18, and especially not for children younger than 13. If you are under the age of 18, you may not use the Site except with the permission or involvement of your parent or guardian. If we learn that we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as possible.
If you are based in the European Union, the above provisions relating to children’s privacy generally apply to children under the age of 16, but this may vary across different member states.
15. How May We Change This Privacy Statement?
Elements reserves the right to change this Privacy Statement at any time. Any such changes will be posted on this page. If we make a significant or material change in the way we use your personal information, the change will be posted on this page thirty (30) days prior to taking effect and registered users will be notified via e-mail. We may also post a notice on our Site. If you access or use the Site or Services after the effective date of the change, you agree to be bound by the updated Privacy Statement.
16. Your California Privacy Rights
California’s “Shine The Light” law (California Civil Code Section 1798.83) permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information, if any, for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. If you are a California resident and would like to request this information or opt-out of the sharing of your personal information with third parties for marketing purposes, please submit your request in writing to firstname.lastname@example.org.
17. California Consumer Privacy Act
This paragraph applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We 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, we have collected the following categories of personal information from our consumers within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, physical characteristics or description, address, telephone number, bank account number, credit card number, debit card number, or any other financial information Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
sex (including gender, gender identity, gender expression)
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal information does not include:
Publicly available information from government records.
Deidentified or aggregated consumer information.
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) or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from forms you complete or products and services you purchase.
Indirectly from you. For example, from observing your actions on the Site.
All means set forth in Section 1 of the Privacy Statement.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To provide, support, personalize, and develop the Site, products, and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize the Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through the Site, third-party sites, and via email or text message (with your consent, where required by law).
To help maintain the safety, security, and integrity of the Site, products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve the Site, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the Site users is among the assets transferred.
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.
Sharing 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.
We share your personal information with the following categories of third parties:
As set forth in Sections 4 and 6 of the Privacy Statement.
Disclosures of Personal Information for a Business Purpose
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.
Category G: Geolocation data.
Category H: Sensory data.
Category K: Inferences drawn from other personal information.
We disclose your personal information for a business purpose to the following categories of third parties:
As set forth in Sections 4 and 6 of the Privacy Statement.
Sales of Personal Information
In the preceding twelve (12) months, we have not sold personal information.
Your Rights and Choices
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 we 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:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we 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:
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.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
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 research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at email@example.com:
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:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
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.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format
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 useable 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.
Personal Information Sales Opt-Out and Opt-In Rights
Elements does not sell personal information. If Elements were to sell personal information, it would act as follows: If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing us at firstname.lastname@example.org.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by emailing us at email@example.com.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
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.
If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
1313 North Market Street
Wilmington Delaware 19801
Dated: March 24, 2021
© Elements LLC 2020. All rights reserved.