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 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”), as in force from time to time. Where a particular provision applies to EU-based users only, we have made this clear. For the purposes of the GDPR, our nominated person for data protection is Lauren Sutter and her contact details are firstname.lastname@example.org.
Elements participates in the EU-U.S. Privacy Shield framework.
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 hello [at] elementsdrinks [dot] 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.
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.
• Analytics. We may enter 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.
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 hello [at] elementsdrinks [dot] com.
• 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 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, 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 using the details at the end of this policy.
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: • your consent; • 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.
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) or 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. We permit Talkable to collect personal information (can include but not limited to name, email address, IP address, and shipping address through shopping cart integration) in order to successfully manage the referral program. Talkable will collect, process and store customer’s personal information. Talkable may pass customer personal information to third-party vendors only for the necessity of carrying out the referral program. Talkable will only pass personal information to third-party vendors agreed to by us. These third-party vendors will not contact you, the customer, and are not permitted to pass your customer personal information to any other vendors.
• 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.
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.
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 hello [at] elementsdrinks [dot] com.
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 hello [at] elementsdrinks [dot] 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 hello [at] elementsdrinks [dot] com.
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.
Links to Other Sites.
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.
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 hello [at] elementsdrinks [dot] 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.
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.
How Do We Respond To “Do Not Track?"
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.
How May We Change This Privacy Statement?
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 hello [at] elementsdrinks [dot] com.
Elements And The EU-U.S. Privacy Shield
Elements complies with the EU-U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from European Union member countries to the United States. Elements has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.
Elements' participation in the Privacy Shield applies to all personal data that is subject to the Lokai Privacy Statement and that is received from the European Union, European Economic Area, and Switzerland.
If you have any inquiries or complaints about our handling of your personal data under the Privacy Shield (or any privacy-related issue), please contact us at hello [at] elementsdrinks [dot] com. We will respond to your inquiry promptly. If we are unable to satisfactorily resolve any complaint relating to the Privacy Shield, or if we fail to acknowledge your complaint in a timely fashion, you can submit your complaint to TRUSTe, which provides an independent third-party dispute resolution service based in the United States. TRUSTe has committed to respond to complaints and to provide appropriate recourse at no cost to you. To learn more about TRUSTe's dispute resolution services or to refer a complaint to TRUSTe, visit here. If neither Elements nor TRUSTe resolves your complaint, you may pursue binding arbitration through the Privacy Shield Panel. To learn more about the Privacy Shield Panel, click here.
As explained above, we sometimes provide personal information to third parties to perform services on our behalf. If we transfer personal information received under the Privacy Shield to a third party, the third party's access, use, and disclosure of the personal data must also be in compliance with our Privacy Shield obligations, and we will remain liable under the Privacy Shield for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage.
You can review our Privacy Shield registration here. Elements is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal information that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Dated: May 7, 2019
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