Last Updated: April 3, 2019
1. Questions; Contacting Elemental Beverage Company; Reporting Violations
Elemental Beverage Company
586 Pleasant Street #4
Watertown, Massachusetts 02472
2. User Consent
3. A Note About Children
We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Elemental Beverage Company and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details in Section 1 above. We will delete such information from our files as soon as reasonably possible.
4. Types of Data We Collect
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
(a) Information You Provide to Us
- We may collect Personal Data from you, including but not limited to your first and last name, phone number, and e-mail address.
- When you order products on our Website, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information. We do not store this information directly on our servers, but this information may be shared with third parties who help process and fulfill your purchases.
- If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
- When you post content on our Website, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your profile photo and any other information that you choose to make public on your public profile page (“Profile”). The information that you provide in your Profile will be visible to others, including anonymous visitors to the Website and may be shared by us on any social media or other online channels.
- We may also collect Personal Data at other points in our Website that state that Personal Data is being collected.
(b) Information Collected via Technology
- Information Collected by Our Servers. To make our Website and Services more useful to you, our servers (which may be hosted by a third party service provider) may collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
- Pixel Tags. In addition, we may use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
- How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our site.
4. Use of Your Personal Data
(a) General Use
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
- identify you as a user in our system;
- provide improved administration of our Website and Services;
- provide the Services you request;
- ship you the products that you order;
- improve the quality of experience when you interact with our Website and Services;
- send you a welcome e-mail to verify ownership of the e-mail address provided during the registration process;
- send you administrative e-mail and/or SMS messages and push notifications, such as confirmation of your purchases made; and
- send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Elemental Beverage Company.
(b) User Testimonials and Feedback
We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Website from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with your Website, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
(c) Creation of Anonymous Data
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Website navigation. We reserve the right to use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.
6. Disclosure of Your Personal Data
(a) Third Parties Designated by You
When you use the Services, the Personal Data you provide will be shared with the third parties that you designate to receive such information, including other websites.
(b) Third Party Service Providers
We will share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Website, including to fulfill orders and shipments of Products you purchase through the Website; to conduct quality assurance testing; to provide technical support; and/or to provide other services to Elemental Beverage Company. These third party service providers are required not to use your Personal Data other than to provide the services requested by Elemental Beverage Company.
(d) Corporate Restructuring
(e) Disclosure to Third Party Companies
We may enter into agreements with companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our website (“Third Party Companies”). A Third Party Company may want access to Personal Data that we collect from its customers.
AS A RESULT, WE MAY PROVIDE YOUR PERSONAL DATA TO A THIRD PARTY COMPANY. BECAUSE WE DO NOT CONTROL THE PRIVACY PRACTICES OF THESE THIRD PARTY COMPANIES, YOU SHOULD READ AND UNDERSTAND THEIR PRIVACY POLICIES.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)
A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING SUPPORT@ELEMENTALBEVERAGE.CO. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.
(f) Public Profile
Certain portions of the information you provide to us may also be displayed in your Profile. As an essential element of the Services, most of the Personal Data you explicitly provide to us when you register or update your Profile is displayed on your Profile. By default, your Profile is for public viewing. Your photos and other content you post to the Website are also meant for public consumption. We may display this content on the Website and further distribute it to a wider audience through third party sites and services, including social media platforms. Once displayed on publicly viewable web pages, that information can be collected and used by others. We cannot control who reads your space profiles or what other users may do with the information that you voluntarily post, so it is very important that you do not put Personal Data in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Website, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).
(g) Other Disclosures
7. Third Party Websites
8. Your Choices Regarding Information
You have several choices regarding the use of information on our Service:
(a) E-mail/SMS Communications
If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.
(c) Security of Credit Card and Bank Account Information