Privacy Policy

This privacy policy (this “Privacy Policy”) sets out the privacy policies and practices for Element Happy and its subsidiaries and affiliates (collectively “Element Happy”) with respect to how Element Happy collects personal information. It also describes how Element Happy maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by Element Happy via this website as well as any other applications or services that display this policy, and other places where or means by which we may collect personal information. This Privacy Policy also sets out how you can access certain information that Element Happy may collect about you. In this Privacy Policy, “personal information” means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws, including, but not limited to, your contacts and other personal information collected through the Services.

Please note that the Sites may contain links to other third party websites that are not controlled or operated by Element Happy. This Privacy Policy does not apply to such third party websites, and Element Happy is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore Element Happy encourages you to request and review the privacy policies of any third parties before disclosing your personal information to such parties or when visiting such third party websites.


CONSENT

By submitting personal information to element happy or its service providers and agents, you agree that element happy may collect your personal information and you consent to the use, disclosure and transfer of your personal information in accordance with this privacy policy and as permitted or required by law. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the purposes identified herein at any time by contacting Element Happy at the address provided below. If you refuse or withdraw your consent, you acknowledge that Element Happy may not be able to provide you or continue to provide you with certain services or information which may be of value to you.


REVISIONS TO THIS PRIVACY POLICY

Element Happy reserves the right, in Element Happy’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. However, Element Happy will treat your continued use of the Sites and Services following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. Element Happy will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.


COLLECTION OF YOUR INFORMATION

Element Happy may collect personal information in connection with your use or purchase of Element Happy’s products and services through the Sites or through your use of the Services, which may include information provided in connection with the following activities:

  • Registering or filling in forms on the Sites. This includes information you may provide when you request additional information about Element Happy’s products and services or sign up to receive Element Happy’s email newsletters or coupons.
  • Completing a profile to the Sites.
  • Purchasing any product or service from Element Happy through the Sites.
  • Providing product feedback or making other submissions to Element Happy.
  • Requesting information or assistance from Element Happy. Element Happy may also keep a copy of any communications or correspondence you may send to it, including any email communications.
  • Participating or responding to consumer surveys or requests for consumer’s opinions, concerns, and preferences regarding Element Happy’s products and services.
  • Participating in consumer contests and other promotions.
  • Using other features of the Sites or Services that may be offered from time to time, and may require such information in order to utilize the feature.

The personal information that Element Happy may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, or in other communications to Element Happy. In addition, Element Happy may collect additional information from users of our Services or Sites. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to Element Happy.

Element Happy may also collect information that may not be personal information, which may include, but is not limited to, the frequency of user visits to the Sites and Services, the routes by which users access the Sites and Services and use of any hyperlinks available on the Sites and Services. Element Happy or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and Services and the Sites’ and Services’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.


INFORMATION WE COLLECT FROM OTHER SOURCES

Element Happy may obtain information about you from other sources and combine that with information we collect directly from you. We use this information to better understand your interests and for analytics purposes.


COOKIES

Like many websites, Element Happy utilizes “cookies” to maintain a record of your visit to the Sites and your use of the Services. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer or mobile device. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided Element Happy with personal information.

Cookies helps Element Happy to improve the Sites and Services, and to deliver more personalized service by enabling Element Happy to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites or use the Services.


IP ADDRESSES

An IP address is a computer’s numeric address, by which it can be located within a network. Element Happy may record your IP address when you visit or use services or features on the Sites. Element Happy may use your IP address for the purposes noted above, and also to help diagnose problems with Element Happy’s server, or to administer the Sites. Element Happy may also use your IP address to identify you when Element Happy feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, Services, systems, information, employees, service providers, business partners, users, customers and others.


THIRD PARTY ANALYTICS AND TRACKING

Element Happy uses automated devices and applications provided by third parties, such as Google Analytics (including Google Analytics’ Demographics and Interest Report) and Session Analytics, to evaluate usage of our Sites and Services. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance, and user experiences. These entities may use cookies and other tracking technologies which collect information to perform their services. We do not share personal information that we collect directly with these third parties. However, these third parties may collect personal information directly through the use of cookies and other tracking technologies. For an explanation of the information collected by these third parties and their respective privacy policies, please go to google analytics privacy policy. Those wishing to opt out of Session Analytics should set their browser to ‘do not track‘.

Element Happy collects transactional information and browse behavior on our website. Element Happy may use such information to offer you recommendations for products and services that are relevant to your interests. Element Happy uses the services of trusted third parties to offer you meaningful recommendations during the online experience. Element Happy shares IP address, unique ID number, and shop and browse behavior with the third party service provider on an aggregate basis but does not share personal information for these purposes.

Element Happy also works with trusted third parties that use tracking technologies to serve advertisements on our behalf across the Internet. These companies may use cookies and tracking pixels to collect non-personally identifiable information such as items viewed, items added to your shopping cart and items purchased during your visits to our website in order to help show advertisements on other websites likely to be of interest to you.


PROTECTION OF YOUR INFORMATION

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Element Happy uses physical, technological and administrative procedures to protect the personal information that Element Happy collects from loss, unauthorized access, modification, disclosure or other misuse. Nevertheless, Internet or wireless transmissions are never completely private or secure. You understand that any messages or information you send to the Sites or through the Services may be read or intercepted by others.


USE OF YOUR PERSONAL INFORMATION

Upon Element Happy’s collection of your personal information, Element Happy may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:

  • To develop, enhance, market, sell or otherwise provide information, products or services;
  • To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with Element Happy including at the Stores, on or through the Sites;
  • To conduct or administer contests, or other promotions in which you have participated;
  • To contact you and to respond to any communications that you may have had with us;
  • To troubleshoot problems with the Sites and Services;
  • To customize your experience or homepage on the Sites;
  • To develop and manage Element Happy’s business and operations;
  • To enforce Element Happy’s Terms of Use or comply with this Privacy Policy;
  • To detect and protect Element Happy and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Element Happy’s policies and contractual obligations;
  • To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Element Happy;
  • As permitted by, and to comply with, any legal or regulatory requirements or provisions;
  • To access, preserve, disclose and use your personal information contained in your account, all Submissions (as defined in the Terms of Use), all communications to and from you, all information relating to your use of the Sites, if Element Happy is required to do so by law or legal process or if Element Happy determines, in its sole discretion, that such action is necessary to protect the rights of Element Happy, third parties, and other users of the Sites or for purposes of responding to your request for customer service; or
  • For any other purpose to which you consent.

Personal information collected by Element Happy may be transferred to, stored and processed in the United States and Canada.


DISCLOSURE OF YOUR INFORMATION

Element Happy may disclose your personal information to its subsidiaries or affiliates and to third parties whom Element Happy hires to provide services on Element Happy’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about Element Happy’s products and services. These subsidiaries, affiliates and third parties may be located overseas. Element Happy will only provide those third parties with the personal information that they need to deliver the services to Element Happy and/or on Element Happy’s behalf. Element Happy will not disclose your personal information to third parties for their direct marketing purposes without obtaining prior affirmative consent.


RETENTION OF YOUR PERSONAL INFORMATION

The personal information that you provide will be retained by Element Happy in accordance with applicable laws. However, Element Happy will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for Element Happy business purposes.


CHOICE AND OPT-OUT PREFERENCES

Element Happy does not collect your personal information except in accordance with this Privacy Policy. If, at any time, you prefer not to receive further email communications from Element Happy (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast email that is sent to you by Element Happy. If, at any time, you prefer not to receive any other form of communication from Element Happy, you will have the ability to unsubscribe from such communications by contacting us by email.


ACCESS AND CORRECTION

Element Happy will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date. Upon your written request, subject to certain exceptions provided by law, Element Happy will inform you of the existence, use and disclosure of your personal information and give you access to that information, or request its deletion. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that Element Happy holds about you is not accurate, complete or up to date you may write to the Privacy Officer at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, Element Happy will take reasonable steps to correct the information so that it is accurate, complete and up to date.


REQUEST FOR ACCESS AND CORRECTION, QUESTIONS OR COMMENTS

Element Happy welcomes questions and comments about this Privacy Policy. Requests for access and correction of your personal information, and questions or comments should be directed by email to: [email protected]


Policy last updated on: June 5, 2020.

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