Website Privacy Policy

Last modified: Oct 1, 2023

Introduction

Elements Technologies, Inc. (including its affiliated companies) (“Company”, “Our”, “Us”, or“We”) respects your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website: www.getelements.com including any software as a service applications accessed there or our mobile applications (together our “Website“), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

If you are a user of the www.getelements.com website and/or web application this privacy policy is incorporated into, and made part of, the GetElements Terms and Conditions found here: https://getelements.com/website-terms/, to which by your continued use of the Website you confirm your agreement.

Together the Elements Terms and Conditions and the Privacy Policy are the “Terms of Use”.

This policy applies to information we collect:

• On this Website.
• In email, text, and other electronic messages between you and this Website.
• Through mobile, desktop, and/or web applications you access, use, or download from this Website, which may provide dedicated non-browser-based interaction between you and this Website.
• Other collection methods which may include: contact forms, login information subscription forms, demo forms, webinar registration forms, online surveys, newsletter signups, search bars, shopping carts, online transactions, website analytics software, web application data entry form, mobile application data entry forms, messaging forum, and both internal and external messaging functionality.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website, web application, or mobile application. By accessing or using this Website, you agree to this privacy policy and the applicable terms and conditions.

This policy may change from time to time. Your continued use of this Website, web application, and/or mobile application after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

International Visitors

For users visiting the service from anywhere in the world other than the United States, please note that the Website is not intended for use by anyone outside of the United States. If you are a non-U.S. citizen residing outside the United States you may not browse this website.

Children Under the Age of 18

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 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 support@getelements.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, social security number, or any other identifier by which you may be contacted online or offline (“personal information“);
• That is about you but individually does not identify you, such as IP address, browser type, operating system, pages visited, number of visits, date and time of visits, clickstream data, referring website, geo location, search terms used; or
• About your internet connection, the equipment you use to access our Website, and usage details.
• If you are a user of the web application located at getelements.com, and/or our mobile application, your complete financial, insurance, and banking information as well as any other information you choose to provide us in using the web applications located at www.getelements.com and/or our mobile application.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons or a tracking pixel, and other tracking technologies.
• From third parties, for example, our business partners or others from whom we receive information about you.

Information You Provide to Us

Categories of information we collect on or through our Website may include:

• Identifiers (a real name; postal address; email address; IP address)
• Where necessary, federal law protected classifications characteristics.
• Commercial information (e.g., records of personal property, purchasing habits, etc.)
• Biometric information.
• Internet or other similar network, browsing, or search activity.
• Geolocation data.
• Audio, electric, visual, thermal, olfactory, or similar information.
• Professional or employment-related information.
• Inferences drawn from other personal information to create consumer profiles
• Financial information, such as data related to your assets, debts, net worth, investment accounts, insurance, taxes, that you voluntarily enter into the application, either manually or by connecting your external financial accounts. This information is collected to perform the main functions of the application, which is to assist you with organizing your financial life, offer suggestions, feedback, or insights so that you can make important decisions regarding your financial well-being, and allow you to act on those decisions.
• Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Client’s and advisor’s documents
• Advisor-Client communication

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking or cross context tracking).

The information we collect automatically does include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• Enable user-to-user communications.
• Generate a personal profile about you to make future visits to the Application more tailored to your needs.
• Increase the efficiency and operation of the Application.
• Monitor and analyze usage and trends to improve your experience with the Application.
• Notify you of updates to the Application.
• Offer new products, services, mobile applications, and/or recommendations to you.
• Perform other business activities as needed.
• Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
• Request feedback and contact you about your use of the application.
• Resolve disputes and troubleshoot problems.
• Respond to product and customer service requests.
• Send you a newsletter.
• Solicit support for the application.
• Compile anonymous statistical data and analysis for use internally or with third parties.
• Assist law enforcement and respond to subpoena
• To send you push notifications regarding your account or the application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s setting.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account and/or subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To allow you to participate in interactive features on our Website.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
• To provide the Services to you if you access the GetElements web application from www.getelements.com .

We may also use your information to contact you about our own and/or third-parties’ goods and services that may be of interest to you.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

By using the Service you authorize Elements Technologies, Inc., its affiliates, to offer and or sell your information, including but not limited to your or your name, email, and phone number to its representatives, agents, and marketing partners.

You further authorize Elements, its affiliates, representatives, agents, and marketing partners to contact you by phone call, email, and/or sms/text message, including with an automated dialer, with marketing offers Elements considers, in its sole discretion, may be of interest to you. You grant this consent even if your phone number is listed on any state or federal Do Not Call registry. You understand your consent is not a condition of purchase under the Terms.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• We may also partner with selected third-party vendors, such as Adobe Analytics, Google Analytics, and others, to allow tracking technologies to, among other things, analyze and track users’ use of the application, determine the popularity of certain content, and better understand online activity. By accessing the application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
• Some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, We do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Us about our Website users is among the assets transferred.
• To third parties to market their products or services to you.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To provide your advisor with the information relevant to you needed to assist you.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Elements Technologies, Inc., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email with your request to support@getelements.com.
• Promotional Offers from the Company. If you do not wish to have your email address and/or contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to support@getelements.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at support@getelements.com or as applicable to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.

Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.
• Colorado, Connecticut, and Virginia also provide their state residents with rights to:
• Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, or to submit an appeal, please send an email to support@getelements.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: support@getelements.com.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions are encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Limitations of Liability

NO CLASS ACTIONS. YOU AND ELEMENTS TECHNOLOGIES, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

THE AGGREGATE LIMITATION OF LIABILITY APPLICABLE TO THE PARTIES IS FOUND IN THE APPLICABLE TERMS OF USE AND EACH PARTY AGREES IT WILL BE SUBJECT TO SUCH LIMITS.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions, comments, or a complaint about this privacy policy and our privacy practices, contact us at: support@getelements.com.