Last Updated August 12, 2022
The below terms and conditions govern your access to and use of https://elementthree.com/, including any content, functionality, and services offered on or through the same (collectively, the “Website”). The Website is offered by Element Three, Inc. an Indiana corporation (“Element Three”).
At Element Three your privacy is very important to us. As such, we provide this policy (the “Policy”) to explain our online information practices. Please read this policy carefully to understand our policies and practices regarding the use of your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use the Website. If you do not agree to this policy, do not access or use the Website.
We reserve the right to change this policy at any time. Any changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means of posting a notification on this site, sent to you via email if we have your current email address, or via another method if required by law. It is your responsibility to review this policy periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your acknowledgment of the modified policy and you agree to be bound by the modified policy.
Within this Policy “you” are a user of the Website, and “we”, “us”, or “our” refers to Element Three. All users of the website may be referred to as “Users” herein.
- Contacting Us.
If you use the Website to contact us, you represent and warrant that the information provided to us is your current and correct personal contact information. If you are contacting us on behalf of a business entity, you represent that you have the right to provide contact details for that business entity. You are prohibited from using the Website to provide information of any person of entity who has not authorized you to provide such information.
- The Information We Collect
In order to provide the Website to you, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information (together, “Information”). Our goal when collecting this information from you is to provide you with the most efficient and customized experience while using our site.
“Personally Identifiable Information” or “PII” refers to information by which you may be personally identified, such as your name, mailing address, email address, employer, job title and department, telephone and facsimile numbers, and location and address information.
“Non-Personally Identifiable Information” or “Non-PII” is information that is not capable of being associated with or linked to a particular person, and may include (i) information regarding how the Website is accessed and used by you, including your internet protocol address, browser type (e.g., Firefox, Google Chrome), your operating system (e.g., Windows or MacOS), browser version, the pages of our Website that you visit, the sites you visit before and after the Website, the time and date of your visit, the time spent on our Website and its pages, unique device identifiers, the content and advertisements you have accessed, seen, forwarded or clicked on, and other diagnostic data; and/or (ii) tracking technologies to track your activity on the Website, including but not limited to cookies, web beacons, tags, and scripts, which may be collected directly through the Website or via third parties providing analytic or similar services to us.
- How We Obtain Information
We collect Personally Identifiable Information from you when you provide it to us, for example, by filling out the contact form on our Website. We may collect either PII or Non-PII from you when you answer questions or correspond with us regarding services you may be interested in, whether through the Website or in follow up correspondence or communications arising from content or inquiries you submit to the Website.
We collect Non-PII automatically as you navigate through the Website, and from certain third parties providing services to us, such as Google Analytics, HotJar, and HubSpot. We also work with third parties, such as Twitter, to collect certain data for purposes of conversion tracking and serving ads targeted to users’ interests.
- Information Sharing and Disclosure to Others
We may use your Information to operate our Website and to deliver services offered through the Website. Additionally, we may use the Information to communicate with you, such as to notify you about our promotions and services, or solicit information from you. We will also use your Information to enhance the operation of our Website, such as improve our marketing and promotional efforts, statistically analyze site use, and improve our service offerings. We may also use your Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including this Policy.
We will also use your Information to perform tasks that you request us to perform.
Your Non-PII may be shared through our business arrangements with third parties for purposes in our discretion, including to help us perform conversion tracking and serving advertisements targeted to users’ interests.
- Security of Your Information
We have put in place industry standard physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access of Information, to maintain data security, and to use correctly the Information we collect, such as dedicated virtual private servers, a web application firewall, an encrypted database, and no third party access to the server.
Unfortunately, we cannot guarantee that 100% of data transmissions are secure. Therefore, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are limitations to security and privacy of the internet that are beyond our control; (b) the security, integrity and privacy of your personally identifiable information exchanged between you and us cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
- Location Information
Element Three is located in Indiana in the United States and our Website is directed to individuals in the United States. If you access the Website from outside the United States, you do so at your own risk. If you are outside of the United States and your local data privacy laws would require us to offer you “opt-out” procedures; to request access, correction, and erasure of your Personally Identifiable Information; to offer restrictions on gathering additional Information from you; to request the transfer of your Information to a third party; or to withdraw consent from further collection of your Information, please reach out to us with such requests and we will comply to the extent possible.
- Privacy of Minors
Our Website is not intended for individuals under 16 years of age. No one under age 16 may provide any Personally Identifiable Information through or on the Website. We do not knowingly collect personal information from children under 16. If we learn we have collected or received Personally Identifiable Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at email@example.com.
- Other Agreements
If you are a client or customer of Element Three for any services we may offer outside of and separate from the Website (a “Client”), such services are governed by a separate agreement between Element Three and the Client, and Element Three expects that such arrangement will set forth any practices and policies regarding data that may be collected on behalf of the Client. Such arrangement may differ than the policies set forth herein. However, Client and its representatives remain subject to this Policy when accessing or navigating the Website.
- Privacy Policies of Third-Party Sites
- Element Three as Processor
Part of the services that Element Three may provide to Clients outside of and separate from the Website may include assisting Clients with online and social media advertisements or promotions, in connection with which, certain information, including personal information, of consumers may be collected through third party sites (for example, but not limited to, Facebook, Google Ads, and other social media sites). You acknowledge that in such cases, Element Three may receive a copy of such collected data, and that for the purposes of consumer privacy and data protection laws, rules, and regulations pursuant to which the terms “processor” and “controller” are defined and relate to certain rights provided to consumers and/or to obligations of business entities, Element Three is and shall be construed to be the processor of any such data it receives, and not the controller of such data. Notwithstanding the foregoing, this paragraph does not classify Element Three as a processor if such definition would not otherwise apply to Element Three in any circumstance.
You further acknowledge that if you engage with advertisements or promotions on a third-party website or application, your data rights and policies regarding the use of your data are governed by such third party website or application, and/or, as the case may be, Element Three’s Client who is offering such advertisement or promotion. If a third party provides your information to us, it is provided in accordance with such third party’s privacy policies and/or agreements between Element Three and such third parties, as applicable, and not pursuant to this policy. In such circumstances, Element Three may not have the ability to direct a third party to take any action or refrain from taking any action related to your personal information.
- Use Restrictions
The information and material contained on the Website is provided for your personal use only and may not be copied or redistributed for any reason. You may not under any circumstance use scrapers, miners, or any other tool or process, whether manual or automated, in order to extract or obtain information of other Users for any purpose other than the purposes described herein, including but not limited to, soliciting any User of the Website for purposes other than those intended by the Website; attempting to sell any product or service to Users other than the services intended by the Website; operating a competitive third-party site or application; selling such data and information to any third party; or retaining such data on your computer or other device. You acknowledge that user profiles and Contributions posted thereon may constitute copyrighted materials and misuse of the same may make you liable for certain penalties.
You agree not to use the Website in any manner (i) that could disable, overburden, damage, or impair the proper working of the site or interfere with any other party’s use of the Website; (ii) to introduce any viruses or other material that is malicious or technologically harmful; or (iii) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or attack the Website in any way.
- Opt-Out Rights and Deletion of Information
If you do not wish to have your Personally Identifiable information used by us to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to firstname.lastname@example.org. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
If you do not want us to use Information that we collect or that you provide to us to deliver advertisements to you according to target-audience preferences, you can opt-out by sending us an email stating your request to email@example.com.
If you desire for Element Three to delete any Personally Identifiable Information we have collected from you, you can request that we do so by sending us an email stating your request to firstname.lastname@example.org. Please note that we may retain such information to the extent and for the period of time necessary to fulfill any services you have requested from us.
Note that if you withdraw consent for us to obtain or use your Information, you may not be able to access or use part or all of the Website.
- Intellectual Property Ownership
The Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound. Element Three owns or licenses copyright in the content on the Website. You may not use, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content on the Website, in whole or in part, without our express advance permission. You may not download any of the content from the Website, and if you download content in violation of this Policy, you acknowledge that you do not acquire any ownership rights in such material and that your download or use or such materials may be a violation of United States copyright law. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
Element Three owns all rights to the “Element Three” trademarks, trade dress, and logos used in connection with the Website (the “Element Three Marks”). You may not use or purport to enable others to use any Element Three Marks in any manner, including a manner that is likely to cause confusion among consumers generally, or in any manner that disparages or discredits Element Three.
The Website may include information regarding Element Three’s past or current Clients or other third parties, and may include the trademarks, trade dress, and logos of such parties. All trademarks are owned by the respective parties who have provided case studies or enabled Element Three to use their intellectual property on the Website. Such parties may or may not be currently affiliated with, connected to, or sponsored by Element Three. You may not use or purport to enable others to use any of the third party intellectual property presented on the Website in any manner.
- Content on the Website
The information provided on the Website is general information only. Nothing contained on the Website is, or should be construed to be, an offer to provide services to you outside of the Website. We encourage you to reach out to us to discuss your needs so that we may determine if Element Three is able to assist you. Whether or not you decide to hire Element Three or engage us for any services should be based on your direct conversations with our team, and not based on any information provided on the Website. If you decide to hire Element Three to perform services for you, such relationship may be governed by a separate agreement.
The Website may include case studies and other information about past or current Clients of Element Three or other third parties. The opinions, statements, or other information or content expressed or made available by such third parties are those of the respective author(s) and not of Element Three. Element Three does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Element Three is not responsible for the accuracy or reliability of any opinion, statement, or other information expressed through the Website by a third party. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information or content.
- Advertisements and Promotions
Element Three may run advertisements and promotions of its own or from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Element Three and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Element Three is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
- Disclaimer of Warranty
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ELEMENT THREE, NOR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS (THE “ELEMENT THREE PARTIES”) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE ELEMENT THREE PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ELEMENT THREE PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE ELEMENT THREE PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT OR BY IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE ELEMENT THREE PARTIES WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
UNDER NO CIRCUMSTANCES WILL THE ELEMENT THREE PARTIES BE LIABLE TO YOU FOR MORE THAN $50.00 IN DAMAGES.
You agree to defend, indemnify, and hold harmless Element Three, Inc., its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use, including the improper or unauthorized use, of the Website by you.
Element Three may terminate or suspend this Policy at any time without notice to you. The provisions of this Policy as provided at the time of your access of the Website shall survive termination of these Policy.
This Policy and any additional operating rules for the Website which may be presented to you from time to time via the Website established by Element Three constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Policy are for the benefit of the Element Three Parties and each shall have the right to assert and enforce such provisions directly or on its own behalf. This Policy shall be construed in accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
- Copyright and Copyright Agent
Element Three respects the rights of all copyright holders. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent as set forth below:
Element Three, Inc.
571 Monon Blvd #125
Carmel, IN 46032
The written notice (the “DMCA Notice”) must include substantially all the details as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), incorporated herein by reference. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
We may disclose your identity or other personal information about you to any third party who claims that material posted by you violates their rights, including their copyrights, trademarks, right of publicity or right to privacy, and any anyone who you may be impersonating through use of the Website.
- How You Can Correct or Access Information
From time to time you may want to access or correct your Personally Identifiable Information that you provide to us, and we believe that you should have that ability.
You may write or e-mail us at the e-mail or street address that is listed below. Please include your first name, last name, and e-mail address.
ELEMENT THREE, INC.
571 Monon Blvd #125
Carmel, IN 46032
- Comments and Questions
If you have a comment or question about this Policy please reach out using the contact information set forth in Section 23 herein.
25. California Consumer Privacy Act.
The following provisions apply to you if you are a California resident. For the purposes of this section, “Personal Information” is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device, and does not include information that is publicly available, or deidentified or aggregated information.
a. You have the right to request that we disclose to you the Personal Information we collect, use, disclose, and sell, including (i) the categories of, and specific pieces of, Personal Information that we have collected about you; (ii) the categories of sources from which the Personal Information was collected; (iii) the business or commercial purpose for collecting such Personal Information; (iv) if any, the categories of third parties with whom we have shared such Personal Information; and (v) if any, the categories of your personal information that we have disclosed to third parties for a business purpose.
b. You have the right to request that we delete any Personal Information about you which we have collected from you, unless that information is necessary for us to retain pursuant to Cal. Civ. Code § 1798.105(d), which for instance, allows retention of such information for completing the transaction for which the Personal Information was collected, detecting security incidents, or complying with a legal obligation.
c. To submit requests for information or deletion pursuant to this Section 25, you may reach out via email to email@example.com or call the following toll-free number: [317-879-9592]. Please note that we can only delete information which is stored on our systems. Only you, or someone legally authorized to act on your behalf, may make a request for information or deletion. We cannot respond to a 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. We will make a determination regarding whether the information provided by you for verification purposes is reliable, and if not, we may request additional information, or may decline to provide certain information to you. Without limiting the verification procedures available to us:
i. We may request certain data points from you to compare those with the information we have on file for you. We may require at least two data points which match our records for information deemed less sensitive. If you are requesting certain types of sensitive information, we may require at least three data points from you, which must match our records, or we may require a signed declaration under penalty of perjury that the personal information you request is about you.
ii. If a person or entity purporting to be your authorized agent reaches out on your behalf to obtain information or request deletion of information pursuant to this Policy, and unless that agent has provided a power of attorney to us, we may require that you verify your identify directly with us, or directly confirm to us that you have provided the agent permission to submit such request on your behalf.
d. For a request under subsection (a) of this Section 25, we will endeavor to disclose and deliver requested information to you, without charge, within 45 days of receiving your request, and if an extension of such timeframe is reasonably necessary, we will provide you notice of such extension. The information provided will cover the 12-month period preceding our receipt of your request. We are not required to provide such information more than twice in a 12-month period. Only you, or someone legally authorized 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. We are not required to, and may not in some cases, retain Personal Information about you if you have submitted the Personal Information in a one-time transaction.
e. We will not discriminate against you in violation of Cal. Civ. Code § 1798.125 for exercising your rights set forth in this Section 25.
f. We do not sell, or disclose, release, transfer, or otherwise communicate your Personal Information to any third-party for monetary of other valuable consideration, and we do not have knowledge that we have sold the Personal Information of any consumers under 16 years of age.
g. We have collected, and disclosed for the business purposes set forth herein, certain information from the following categories of Personal Information as set forth in Cal. Civ. Code 1798.140(o)(1), from our users in the past 12 months: (i) identifiers, such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers; (ii) commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (iii) internet or other similar network activity information, including, but not limited to, as browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement; (iv) geolocation data; and (v) inferences drawn from other personal information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
For questions regarding our privacy policies and practices, please reach out to us at firstname.lastname@example.org.