We will use your personal information only in ways that are compatible with the purposes for which we collected it from you or which you subsequently authorized, and we will provide you with notice before we use or disclose your personal information to third parties for a purpose other than that for which it was originally collected, except where such disclosure is required by law. We will take reasonable steps to ensure that all personal information we collect, retain, or use is relevant to its intended use, accurate, complete, and current.
When we provide services to our customers, we start with two simple principles:
Element’s obligations with respect to personal information accessed when providing our services are further defined in our contracts with our customers. Personal information obtained from our customers is processed in compliance with the terms and conditions set forth in our customer contracts and correspondence and our professional standards.
Types Of Information We May Collect. Personal information refers to any information that identifies, relates to, describes, or could reasonably be associated with an individual or household. This can include, but is not limited to, a person’s name, address, email address, telephone number, social security number, driver’s license number, passport number, date of birth, biometric data, financial information, employment information, education information, or any other information that could be used to identify or locate an individual. Personal information can also include information about an individual’s preferences, behaviors, and interactions with a business or organization, such as their browsing history, purchase history, or search history. Personal information does not include anonymous, aggregated, or de-identified information that cannot personally identify you, your accounts or devices. We may collect the following different types of personal information about you, your associated accounts, or your devices based on your use of our Services, as well as your business relationship with us or with our third parties:
Personal Identifiers. Personal identifiers are personal information that identifies a person such as name, physical and email addresses, telephone numbers, date of birth, Social Security number, driver’s license numbers, credit cards or financial accounts.
Credit and Financial Information. Credit and financial information are specific types of personal information that relate to your (or your employer’s) financial or commercial relationship with us, including banking information and payment history related to your business account or employee relationship.
Location Information. Location information is collected when you provide it directly to us and when you use our Services. Location information may include your physical address, zip code, and a physical address associated with an IP address. Certain types of location information may be considered personal information.
Sensory data. Information including electronic, visual and audio information may be collected when you contact us, or when we contact you, including through our phone line, such as voice recordings, or may be collected through video conferencing. For training, quality assurance, or business purposes we may also monitor or record our calls or video conferences with you.
We may also collect personal information about you from trusted agents who are authorized to sell our products and services, or from employees of our affiliates or contractors. When we receive personal information from affiliates or contractors, we will use and disclose such information in accordance with the notices provided by the applicable affiliate or contractor and the choices made by the individuals to whom such personal information relates.
We may also collect personal information about you that helps us better serve your special needs and interests, such as when you respond to questions, surveys, or other customer service-related inquiries. You can always choose not to provide certain personal information to us, but we may not be able to provide you with certain services as a result.
We do not generally collect sensitive personal information, including personal information about personality and private life, racial or ethnic origin, nationality, political opinions, membership in political parties or movements, religious, philosophical or other similar beliefs, membership in trade unions or professions or trade associations, physical or mental health, genetic code, addictions, sexual life, property matters or criminal record (including information about suspected criminal activities). You are not required to provide any sensitive personal information to use any of our services. Certain protected classification characteristics may be collected about employees from time to time as may be required by applicable law.
As part of network operations and when you visit the Element website, we may automatically collect certain information such as your domain type, your IP address, and click-stream information to gauge the effectiveness of our websites, improve our online operations, enhance your online experience with customized content, and focus our marketing efforts to better meet the needs of our customers.
We may store small data files known as cookies, or other similar technologies, on your computer or mobile browser when you visit our website. Cookies allow us to personalize and protect your service by collecting and storing information that will identify you when you visit a website. Cookies also allow us to collect ‘website usage’ information when you visit our websites, including IP address, web browser and operating system types, webpages visited on our websites, time spent on our webpages, and return visits to our websites. We may combine the website usage information with your personal information to provide a more customized online experience to you and to provide advertising about goods and services that may be of particular interest to you. These same cookies may also be used by our advertising partners on other websites to display advertisements based on the preferences you demonstrate through your online activities. We do not track user click stream or other information resulting from activity on sites that are not operated by Element. For further information about how to opt-out of behavioral advertising on the Internet, please see http://www.networkadvertising.org/choices/.
You may be able to disable cookies on your computer; however if you do so, you may limit your experience on Element’s website. You can set your browser to delete cookies or to tell you before you accept one. Look in your browser’s Options or Preferences menu for settings relating to cookies.
“Do Not Track” signals are options available on your browser to tell operators of websites that you do not wish to have your online activity tracked. Our websites operate no differently if these “Do Not Track” signals are enabled or disabled.
When you want to set up an account with Element, in order to determine your credit worthiness, we may use some of your personal information to request a credit report from a credit-reporting agency based on a permissible purpose consistent with the Fair Credit Reporting Act.
Element uses the information collected on its websites to provide you with information you request. When you use our websites to order products or services, or to request information about them, we may use the information we have about you as we would use the same information obtained offline; for example, to evaluate your service needs and contact you regarding additional services you may find useful. You may also submit applications for employment online, and we will use the personal information you provide to consider you for employment.
We will not use your personal information for a purpose other than the purpose for which it was originally collected or subsequently authorized without your consent. We will not use sensitive personal information for a purpose other than the purpose for which it was originally collected or subsequently authorized unless you have provided your affirmative and express (opt-in) consent.
When you provide us with your personal information, we collect that for certain purposes that are required or permitted by applicable law, and we may access or disclose personal information without further notice or your consent in order to: (i) investigate, protect or defend the legal rights or property of Element, our affiliates or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of customers or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process such as a subpoena.
If Element sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger, transfer, or liquidation of all or a material part of its business, your personal information may be transferred to the party or parties involved in the transaction.
If you submit an employment application, resume or similar information about yourself, it will be used only for the purpose of considering you for employment or such other purpose as requested by you.
For United States residents, we undertake marketing only in compliance with the CAN-SPAM Act, the Telephone Consumer Protection Act, and other applicable law. For European Union residents, we undertake marketing outreach only with your expressive affirmative consent and in compliance with applicable data privacy laws. European Union residents will not be added to marketing lists unless they have provided express affirmative consent consistent with applicable data protection laws.
Element services are intended for adults. In order to respect the privacy of children online, Element does not knowingly collect, maintain or process personal information submitted by children under the age of 18, and we will promptly delete any such personal information when we become aware that it was collected inadvertently.
We may decline to process requests for personal information that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not legally required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
As a processor of personal information on behalf of our customers, we do not provide direct access to personal information we may host or process on behalf of our business customers. If we receive a data subject access request for a customer’s data, we will direct the requester to the business customer to properly place the request.
These choices do not apply to the display of online advertising or the receipt of transactional and service communications that are considered part of certain services, which you may receive periodically.
Element is concerned about controlling unsolicited email or “spam.” While Element and its vendors maintain controls to help prevent this activity, there is no currently available technology that will totally prevent the sending and receiving of unsolicited email. Using junk email tools and being cautious about the sharing of your email address while online will help reduce the amount of unsolicited email you receive. For more information about this and other related topics go to the Federal Trade Commission’s website at http://www.onguardonline.gov.
Under the California “Shine the Light” Law, a business subject to California Civil Code section 1798.83 is required to disclose to its customers, upon request, the identity of any third parties to whom the business has disclosed “personal information” for direct marketing purposes regarding that customer within the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:
Element, Attn: Legal Dept., 2081 Profit Place, De Pere, WI 54115
Please note that California businesses are only required to respond to a customer request once during the course of any calendar year.
The California Consumer Privacy Act of 2018 (“CCPA”) provides current California residents with certain qualified rights regarding their personal information as defined by the CCPA (“CCPA PI”). Element respects the rights of our California resident customers to exercise these rights, including to:
Depending on your relationship to Element, some of these rights may not apply to you. Moreover, Element does not sell personal information and has not done so in the preceding twelve (12) months. Further, requests to exercise privacy rights related to data that Element accesses, stores or processes on behalf of its business customers should be directed to that business. If you, or your designated agent, would like more information about these rights or would like to submit a request, you may contact us by emailing us at email@example.com. We will need to request certain information from you to verify your identity and the authenticity of the request prior to responding.
Element has established reasonable technical and organizational security safeguards to protect against such risks as loss or unauthorized access, destruction, use, alteration, modification, or disclosure of personal information. You should understand that the open nature of the Internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended. Cybersecurity threats are also constantly evolving, and while we strive to maintain security protections, no one can guarantee the absolute security of data accessible through networked computers or stored electronically.
Our policies restrict access to personal information to Element employees, employees of affiliates and contractors, and authorized third parties who need to know that information in order to operate, develop or improve our services; it is our policy that these individuals be bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations. We do not guarantee that our safeguards will always work.
It is our policy not to store or transmit personal information beyond what is necessary for our business purposes, including for internal service evaluation and quality assurance purposes, except as otherwise required by law.
Element, Attn: Legal Dept., 2081 Profit Place, De Pere, WI 54115.
Any questions or concerns regarding the use or disclosure of personal information should be directed to Element at the address given above.
Last Update: March 8, 2023