Privacy Policy

Introduction:

This Privacy Policy (“Privacy Policy” or “Policy”) applies to all personally identifiable information (“Personal Data”) that we (defined below) collect and process. This Policy covers what we collect and how we use, disclose, transfer and store Personal Data as well as your rights to such Personal Data. We value your privacy and observe due care in processing and protecting Personal Data. We recommend you read this Policy carefully.

We process Personal Data through the Element5 websites including http://www.e5.ai/ and related mobile and other applications (“Element5 Sites”) or any related services (“Services”). By voluntarily availing/using the Element5 Sites or Services, and/or providing data via the Element5 Sites or Services, you are indicating your consent to this Privacy Policy and agreement to be bound by its terms. Please take note that the Element5 Sites and Services are not intended for or designed to attract individuals under the age of 18. We do not collect personally identifiable information from any person we actually know is an individual under the age of 18.

Personal Data shall mean any information relating to an individual who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.

Details about Us:

The Element5 Sites and Services are provided by Element5 Inc, a Delaware corporation. Users may access the Element5 Sites to obtain reports and other relevant information pertaining to services rendered by us.

Information We Collect:

Through the Element5 Sites and Services, we collect the following information:

• (i)   For those users of Element5 Sites and Services who provide requisite authorization during the account setup and login process, we collect information from enquiry forms, contact forms, and other tools, as applicable. This may include names, addresses, email addresses, phone numbers and job title.
• (ii) We may collect specific information about how our users use Element5 Sites and Services. The information is collected as data logs to improve the Services or to reply to an issue encountered by a user. Our logging system automatically collects information such as the internet protocol (IP) address, browser type, browser language, referring URL, features accessed, errors generated, time zone, geo-location data, operating system information, and other such information that is transmitted in the header of the user’s HTTP request. This information is stored in log files. We use these log files to analyze trends, administer, and improve the Element5 Sites and Services.

Legitimate Interest:

Our legitimate interest to collect and process the Personal Data is to optimize the Element5 Sites and Services, improve user experience and to improve our internal process efficiency. These activities are necessary to fulfil our interest in creating a better platform and helping us create better technology and better communications.

Our legitimate interest to collect and process information made available through use of Cookies (defined below) is to optimize our product, increase user experience, enhance our customer support and improve our internal process efficiency.

We use your Personal Data to send marketing communications about our products and services and offerings from our affiliates. We may send these communications via email, post or call. As for most companies, our ability to market our products and services is necessary for our commercial interests and may allow us to expand our customer base.

For any uses on the basis of legitimate interest, we conduct a legitimate interest assessment to ensure that such processing isn’t overridden by your rights or interests.‍

How we collect Personal Data:

Following are the ways we collect your Personal Data:

• (i) We may collect various information, depending on the manner in which you contact us and the reason for contacting us. In any case, we will collect your contact details to be able to respond and further communicate with you. This is when you contact us with your questions, comments, ideas, complaints, or otherwise communicate with us.
• (ii) When you subscribe to our newsletters and updates mailing list, we will collect your name and your email address.
• (iii) When you visit the Element5 Sites, we may also collect certain data from your computer and internet connection, including the IP address of your computer, the date and time you accessed our websites, the internet address of websites from which you link to the Element5  Sites, the device you are using (such as a laptop, tablet or smartphone) and your movements and preferences on the Element5 Sites.
• (iv)We may collect Personal Data about you offline for instance when you meet our representatives.

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If you submit any Personal Data relating to other people to us in connection with our Services, you represent that you have the requisite authority and/or have procured the adequate consent required to do so and permit us to use the information in accordance with this Privacy Policy.         Statistical Information: We collect information from your visits to the Element5 Sites to help us provide a better experience, service and to make the Element5 Sites as user friendly and purposeful as possible. However, we keep the information anonymous. We may use this data to analyze trends and statistics and to help us provide better user experience and service. None of the information described in this paragraph is reviewed at an individual level.

How we use the information we collect:

We use Personal Data only when we are allowed to do so under applicable laws and only for the purposes for which we collected the same. Most commonly, the purposes are the performance of a contract with you or your employer, rendering the Services and compliance with legal or regulatory obligations.

We may use Personal Data for the following purposes:

• (i) To log you in to the Element5 Sites;
• (ii) To manage our relationship with you, such as your registration as our user;
• (iii) Providing you with the products and/or Services you have requested;
• (iv) To respond to your inquiries, send you service related reports and access to service dashboards and fulfill your service requests;
• (v) To send administrative information to you, such as the Services and changes to our terms and conditions or policies;
• (vi)To allow you to navigate through the Element5 Sites and perform all the functionalities of our products and/or services;
• (vii) To send marketing communications that may be relevant to you;
• (viii) For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving and modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities;
• (ix) To understand your use of our products and/or Services; and
• (x) As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal processes; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations and those of any of our affiliates; (f) to protect our rights, privacy, safety and property, and that of our affiliates, you and others; and (g) to allow us to pursue available remedies and limit the damages that we may sustain.

We may provide access to or share your information with certain selected third parties who perform services on our behalf. These third parties provide a variety of services to us, including without limitation billing, sales, marketing, provision of content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, payment processing, and legal or accounting/financial services.

We may use Personal Data for other compatible purposes as above if we think we need to do so.

Our use of Cookies:

We use Cookies on all our websites and software applications including Element5 Sites and Services. Cookies are small text files that your browser saves on your computer and mobile device, which allow an analysis of your usage (“Cookies”). We may deploy third party Cookies on Element5 Sites. Cookies contain information about your device and your connection to the Internet, such as IP address, operating system and browser used. We use our access to the information in the Cookies to optimize our offering, to present appropriate content to customers easily, and to improve our advertising and marketing. This is done as follows: Most of the Cookies we use are so-called “Session Cookies”, which are automatically deleted by your browser after the end of your visit to an Element5 Site. Session Cookies provide us with information about visitor behavior on an Element5 Site, which we analyze. With the knowledge gained, we will make our website more user-friendly, place important content on the most popular pages and develop our marketing strategies according to the interests of our target audience. Apart from Session Cookies, we also use other Cookies, which we refer to as “Persistent Cookies”. Persistent Cookies are stored longer on your device and allow us to recognize you as a user during a subsequent visit to an Element5 Site. We do not pass on information that we receive through our Cookies to third parties. By means of adjusting the settings in your browser, you can prevent the installation of Cookies. As a resultant effect of non-use of Cookies, some of the facilitation of operating an Element5 Site will no longer work.

Transfer/Sharing of Personal Data:

We may transfer information that we collect about you, including Personal Data, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. We may share information with our service providers to the extent the same is required to render the Services.  If you are located in the European Union or other regions with laws governing data collection and use, please note that you are transferring information, including Personal Data, to a country and jurisdiction that may not have the same data protection laws as your jurisdiction, and you consent to such transfer of information and the use and disclosure of information about you, including Personal Data, as described in this Privacy Policy.

Links to Other Websites:

The Element5 Sites may contain links to other websites not operated by us. We are not responsible for the privacy practices or the content of such websites. The links from the Element5 Sites to other websites do not imply that we endorse or have reviewed these third-party websites. We suggest contacting the operators of those websites directly for information on their privacy policies.

Security of Data:

Personal Data related to you is treated as strictly confidential and we have taken appropriate technical and organizational security measures against loss and unlawful processing of such information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any reason to believe that your interaction with us is no longer secure (such as, if you feel that the security of any account you might have with us has been compromised), please notify us immediately about the problem by contacting us.

Retention and deletion of Personal Data:

We only store your Personal Data for as long as it is necessary to achieve the purposes mentioned here or as per the storage periods required by law, whichever is longer. After discontinuation of the respective purposes, the corresponding data will be blocked or deleted in accordance with legal requirements.

Your Rights:

You may access the Personal Data we hold about you at any time by contacting us. We will be happy to correct, edit, limit, or delete your Personal Data (subject to limitations) at your request, provided that no statutory storage requirements are in conflict. You can also contact us to update or correct any inaccuracies in your Personal Data. If your Personal Data stored with us has been processed incorrectly, out-of-date, or unlawful, you can restrict its processing by us. Finally, you may change or revoke your consent to the processing of your personal information at any time with future effect. In certain situations, when the data we hold about you is no longer relevant or is incorrect, you can request that we erase your data. You have the right to complain about the improper processing of your Personal Data (such as collection, storage, modification, transfer, deletion, etc.). You may contact us at [email protected] or at the address listed below anytime for any other queries/requests you may have about your Personal Data and our use of such Personal Data. Our legal basis for the disclosure, correction, deletion, limitation of processing and data transmission is the respective request of the data subject. You can object to the use of your personal data for direct marketing at any time. We will then refrain from any processing to the extent it is related to such purposes. You can inform us about your objection by contacting us through the contact details provided above.

We will take reasonable steps to ensure the accuracy and completeness of the Personal Data that we hold. However, if a person believes that any Personal Data that we hold about him/her is inaccurate or out of date, they should contact us through the contact details provided above.

Please note that we may need to retain certain information for record-keeping purposes. There may also be residual information that will remain within our databases and other records, which will not be removed.

Modification of this Privacy Policy:

We may change our Services and the Element5 Sites from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time without prior notice. We recommend that you review this Privacy Policy regularly, so that you remain informed of any changes. Your continued use of the Element5 Sites and Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Policy.

Privacy Notice for California Residents

This Privacy Notice for California Residents supplements and is expressly made part of the information contained in Element5 Inc.'s Privacy Policy and 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). Any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

Element5 Sites 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, our Element5 Sites have collected the following categories of personal information from its consumers within the last twelve (12) months:

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Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
  

• 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.

Element5 Inc. obtains 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 our Sites.
  

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 request a price quote or 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 our Element5 Sites, 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 your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Element5 Sites, 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 our Element5 Sites, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Element5 Sites, 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 Element5 Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Element5 Inc. about Element5 Sites users is among the assets transferred.

Element5 Inc. 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

Element5 Inc. 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:

• Element5's Service providers to carry out contract work on behalf of Element5
• B2B Advertising services that we use to advertise to you about Element5's products and services

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has not disclosed any personal information for a business purpose.

Sales of Personal Information

In the preceding twelve (12) months, the Company has 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 Element5 Inc. 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 Element5 Inc 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 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 either:

• Calling us at 1-833-394-7474, or
• Send in a letter to us at Element5 Inc., 1245, Lincoln Avenue, 2nd Floor, San Jose, CA 95125

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.

You can exercise sale opt-out rights by writing to [email protected] with the subject: Opt-out of Sale.

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 usable 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.

Non-Discrimination

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.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of Element5 Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

Changes to Our Privacy Notice

Element5 Inc. reserves the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated Notice on the Element 5 Sites and update the Notice's effective date. Your continued use of Element5 Sites following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this Notice, the ways in which Element Inc. collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone

1-833-394-7474

Email:

[email protected]

Postal Address:

1245, Lincoln Avenue, 2nd Floor San Jose, CA 95125