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Privacy policy

Latest Revision: [January 1st 2023]

This Privacy Policy is in accordance with the Terms and Conditions of this website (the ‘Website”) maintained by E’s Element Inc. (the “Company”). This Privacy Policy applies to the Website and all products and services offered by the Company and its Website.

The Company is committed to safeguarding your privacy online. Our Privacy Policy set out below (the “Privacy Policy”) explains how we handle your name, address, telephone number, email address, credit card information, postal code, town/city, as well as the name, and any and all other information provided about yourself on our Website through letters, emails or online reviews (your “Personal Information”).

Throughout the Website, the terms “we”, “us”, and “our” refer to the Company. Except where stated otherwise, the term the “Company” used in the Terms and Conditions and this Privacy Policy includes E’s Element Inc. its licensees, and their respective officers, directors, employees, suppliers, agents, affiliates, subsidiaries, successors, and assignees.

Please note that by visiting the Website, you are accepting the practices described in our Privacy Policy and agree to be bound by the Privacy Policy and any other applicable laws, statutes and/or regulations. We may change this Privacy Policy at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Privacy Policy.

If you do not agree with the terms in this Privacy Policy, please do not use the Website.

Consent

Each time you visit the Website, register for one or more of the offered services, or provide us with information, you consent to the collection, use, and disclosure of your information by the Company in accordance with the terms of the Privacy Policy.

Changes to Privacy Policy

Please review this Privacy Policy periodically as it may be updated from time to time. Any changes to the Privacy Policy will be effective and binding to you immediately following the posting of such changes to this Website.

Please also see our Website’s Terms and Conditions for other terms and conditions governing your use of the Website, products, and services.

Cookies

In addition to information provided by our website users, the Company uses the normal Internet tracking tools associated with standard Internet protocols and web–based systems. This system information is typically stored in log files and the information is used for aggregate reporting. Aggregate reporting includes total number of visitors, most visited sections, peak traffic times, etc. Log files are simply transaction records web servers maintain. Those logs are used for recording information, such as:

  • service provider IP addresses;
  • browser versions;
  • referring websites;
  • search terms used;
  • average number of pages requested;
  • average duration of visit;
  • total visitor traffic.

The Company uses aggregate information gathered from your visit to better design our website. This information supplies us with a broad picture of how people use our website in order to help the management of our systems and to better serve our audience.

“Aggregate information” is standard web server/visitor traffic information regarding overall website traffic patterns. The Company does not report on individual user sessions. Web servers normally collect this type of basic information as part of their web log processes.

This aggregate information does not identify you and thus does not constitute personal information.

Collecting Personal Information

Personal information is any information that identifies you, or by which your identity could be deduced. Personal information does not include business contact information or publicly available information. The Website collects your personal information for purposes identified to you at the time of collection.

If you are under the age of 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed our Terms and Conditions and Privacy Policy with you.

If you are a parent or legal guardian that has consented to your child or children using the Services on the Website, please be sure to discuss the importance of not providing personal information online.

The Company collects information that is submitted through our HTML/Server generated form, or any such form which is emailed, mailed, or faxed to the Company. For example, the Company may collect your first and last name, email address and subject of inquiry for the purpose of responding to your specific requests for information and determining the services to be provided to you. The Company will also collect information such as your mailing address, shipping address, and phone number to process your online orders.

We may send periodic emails to your email address you provided to send promotions or respond to your inquiries and/or requests or questions. You have the option to unsubscribe from our mailing list at any time.

Your Personal Information may also be used by the Company to contact you regarding other products or services that may be of interests to you.

The Company limits the collection of personal information to the amount and the type of information that is required to fulfill the purposes for which it is collected.

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
Order information
    • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
    • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
    • Source of collection: collected from you.

    SMS Notifications

    • By subscribing to E's Element's text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialling system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out.  You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.

    Storage of Personal Information

     We store the Personal Information you provide with our processor, Pietra. Pietra is a third-party service provider that provides operational support to the Company. The Company takes all necessary security precautions to ensure the protection of your Personal Information. 

     The Company is not responsible for any breach of security of Pietra. Pietra maintains its own security firewalls and systems and more information on their Privacy Policies can be found on Pietra’s website. 

     By submitting your Personal Information, you understand and accept the inherent risk with disclosing Personal Information over the internet and such information may be intercepted at any time, which is of no fault of the Company or its affiliates. 

    Use of Personal Information

     The Company collects, uses and discloses personal information for the following limited purposes:

    1. to deliver orders to customer homes;
    2. to track delivery progress to clients;
    3. to process orders submitted to the Company;
    4. to administer our client databases;
    5. to establish and maintain client lists;
    6. to establish and maintain mailing lists, which are used to communicate with you during the course of our services and to include you in any direct marketing activities conducted by our firm (such as the delivery of Newsletters or invitations to events that we may be conducting). If you tell us that you do not wish to receive information about our services, we will not send you any further material; and,
    7. to provide any other necessary E’s Element services.

      Sharing Personal Information

      We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

      • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
      • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
      • In order to offer you Sezzle, Afterpay, Affirm and Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Sezzle, Afterpay, Affirm and Klarna in order for these split payment plan processors to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with:
      1. Sezzle's own privacy notice
      2. Afterpay's own privacy notice
      3. Affirm's own privacy notice
      4. Klarna’s own privacy notice

      In certain rare circumstances, the Company may be required to collect, use, or disclose your personal information without your knowledge and consent. For example, legal, medical, or security reasons may make it impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking your consent might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate when the individual is a minor, seriously ill, or mentally incapacitated.

    • Modified January 1st 2023.

    • Behavioural Advertising

      As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

      • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
      •  We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

      For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

      You can opt out of targeted advertising by:

      Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

      Using Personal Information

      We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

      Lawful basis

      Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

      • Your consent;
      • The performance of the contract between you and the Site;
      • Compliance with our legal obligations;
      • To protect your vital interests;
      • To perform a task carried out in the public interest;
      • For our legitimate interests, which do not override your fundamental rights and freedoms.

      Retention

      When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

      Automatic decision-making

      If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

      We [DO/DO NOT] engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

      Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

      Services that include elements of automated decision-making include:

      • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
      • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

      Additional Information On Cookies

      A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

      We use the following cookies to optimize your experience on our Site and to provide our services.

      Cookies Necessary for the Functioning of the Store

      Name Function
      _ab Used in connection with access to admin.
      _secure_session_id Used in connection with navigation through a storefront.
      cart Used in connection with shopping cart.
      cart_sig Used in connection with checkout.
      cart_ts Used in connection with checkout.
      checkout_token Used in connection with checkout.
      secret Used in connection with checkout.
      secure_customer_sig Used in connection with customer login.
      storefront_digest Used in connection with customer login.
      _shopify_u Used to facilitate updating customer account information.

      Reporting and Analytics

      Name Function
      _tracking_consent Tracking preferences.
      _landing_page Track landing pages
      _orig_referrer Track landing pages
      _s Shopify analytics.
      _shopify_fs Shopify analytics.
      _shopify_s Shopify analytics.
      _shopify_sa_p Shopify analytics relating to marketing & referrals.
      _shopify_sa_t Shopify analytics relating to marketing & referrals.
      _shopify_y Shopify analytics.
      _y Shopify analytics.


      The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

      You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

      Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

      Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

      Do Not Track

      Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

      Changes

      We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

       

      Data Security

      In order to prevent unauthorized access, maintain the accuracy of your personal information and ensure that your personal information is used and disclosed only pursuant to this privacy policy, the Company strives to maintain physical, electronic, contractual and administrative safeguards to secure your personal information we collect from the Website with a level of security that is appropriate to the sensitivity of the personal information collected. Except for authorized law enforcement investigations, no other attempts are made to identify individual users.

      Applicable Law

      This Privacy Policy is intended to be governed by, construed and enforced in accordance with the laws of Canada and Ontario, including the Personal Information Protection and Electronic Documents Act.

      Privacy Officer

      The Company is responsible for the personal information we collect and which is under our control. To fulfill this responsibility, we have designated a Privacy Officer to be responsible for our Privacy Policy and personal information management procedures and have implemented appropriate security and training measures within our firm.

      If you have any questions or comments about this Privacy Policy please contact our Privacy Officer at
      contact@ellaelement.shop.

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