Privacy and Data Protection

This Website collects some Personal Data from its Users.

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Owner and Data Controller

Elemis Ltd

Unit D Poplar Way East

Cabot Park

Avonmouth

Bristol

BS11 0DD

Owner contact email: compliance@elemis.com

Types of Data collected

Among the types of Personal Data that this Website collects, by itself or through third parties, there are: Cookies; Usage Data; first name; last name; gender; date of birth; phone number; email address; password; country; User ID; billing address; shipping address; data relating to the point of sale; various types of Data; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); geographic position.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Website.

Unless specified otherwise, all Data requested by this Website is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

Any use of Cookies – or of other tracking tools – by this Website or by the owners of third-party services used by this Website serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Website and confirm that they have the third party's consent to provide the Data to the Owner.

Mode and place of processing the Data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;

provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;

processing is necessary for compliance with a legal obligation to which the Owner is subject;

processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;

processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Place

The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.

Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The purposes of processing

The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Advertising, Analytics, Displaying content from external platforms, Tag Management, Remarketing and behavioral targeting, Hosting and backend infrastructure, Handling payments, Traffic optimization and distribution, Heat mapping and session recording, Registration and authentication, Content commenting, Interaction with external social networks and platforms, Location-based interactions, Commercial affiliation, Interaction with live chat platforms, Interaction with support and feedback platforms, Managing support and contact requests, Infrastructure monitoring, SPAM protection and Contacting the User.

For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Advertising

This type of service allows User Data to be utilized for advertising communication purposes displayed in the form of banners and other advertisements on this Website, possibly based on User interests.

This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below.

Some of the services listed below may use Cookies to identify Users or they may use the behavioral retargeting technique, i.e. displaying ads tailored to the User’s interests and behavior, including those detected outside this Website. For more information, please check the privacy policies of the relevant services.

In addition to any opt out offered by any of the services below, the User may opt out of a third-party service's use of cookies by visiting the Network Advertising Initiative opt-out page.

Google AdSense (Google Inc.)

Google AdSense is an advertising service provided by Google Inc. This service uses the “Doubleclick” Cookie, which tracks use of this Website and User behavior concerning ads, products and services offered.

Users may decide to disable all the Doubleclick Cookies by clicking on: google.com/settings/ads/onweb/optout.

Personal Data processed: Cookies; Usage Data.

Place of processing: United States – Privacy Policy – Opt Out.

Microsoft Advertising (Microsoft Corporation)

Microsoft Advertising is an advertising service provided by Microsoft Corporation.

Personal Data processed: Cookies; Usage Data.

Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

Criteo (Criteo SA)

Criteo is an advertising service provided by Criteo SA.

Personal Data processed: Cookies; Usage Data.

Place of processing: France – Privacy Policy – Opt Out.

Google Ad Manager (Google Inc.)

Google Ad Manager is an advertising service provided by Google LLC that allows the Owner to run advertising campaigns in conjunction with external advertising networks that the Owner, unless otherwise specified in this document, has no direct relationship with. In order to opt out from being tracked by various advertising networks, Users may make use of Youronlinechoices. In order to understand Google's use of data, consult Google's partner policy.

This service uses the “DoubleClick” Cookie, which tracks use of this Website and User behavior concerning ads, products and services offered. Users may decide to disable all the DoubleClick Cookies by clicking on: www.google.com/settings/ads/onweb/optout?hl=en.

Personal Data processed: Cookies; Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Elemis Social Media Content Use Terms and Conditions

1. By permitting Elemis Limited (“Elemis”) to use particular Content (by affirmatively answering a request from us or on our behalf on social media or otherwise indicating your agreement for Elemis to use your Content), you agree to be bound by these Terms. Please read and ensure you are in agreement before proceeding.

2. In these Terms “Content” refers to the photo [and/or video, including any sound] and accompanying text posted through your account on social media, accompanying metadata such as time and place of creation, your user name, and links to your social media profile.

3. You grant Elemis a right to use and display the Content, in any media, worldwide, for any lawful commercial purpose, in original or edited form, including: on Elemis’s social media accounts, websites, blogs, digital displays, advertising, and generally in the promotion of Elemis’s products or services. References to the rights of and use by Elemis also include and permit use for the same purposes by Elemis’s subsidiaries, affiliates, agents, employees, representatives, assigns, licensees, and anyone else acting on behalf of Elemis, as well as key retail partners on whose websites Elemis may permit the Content to be displayed, including but not limited to Elemis.com.

4. The rights that you grant to Elemis to use your Content are perpetual and irrevocable and you may not cancel or withdraw your permission for Elemis to use your Content. However, this does not affect your or any other person’s rights in relation to personal data as referred to below.

5. The rights you grant to Elemis are non-exclusive and (subject to Elemis’s rights) you retain all rights to use the Content for your own purposes. Neither Elemis nor any other party will pay any royalties or compensation to you or any third party for use of the Content. Content’s use is at Elemis’s discretion and Elemis is not obliged to use your Content in any particular way or at all.

6. You agree that you do not have any right to review, approve, or object to Elemis’s use of your Content or advertising copy, or to be identified as the author/creator of the Content.

7. Elemis respects applicable laws and the rights of others and wishes to avoid using any content that does not. By agreeing to these Terms you represent and warrant to Elemis that: (a) the Content is your original work and you own it and all intellectual property rights in it and have all necessary rights to grant Elemis the rights set out in these Terms (including in relation to copyrights, trademarks, private or public buildings, performances, sounds, and music) or, if you are not the owner of such rights, you have already obtained permission from the owner of such rights, and will inform us if this is incorrect or such permission is withdrawn at any time; (b) Elemis’s use of your Content as provided herein will not i) infringe intellectual property, privacy, image, performance, or publicity rights, or any other rights of any third party, ii) require the payment of any compensation to any third party, or iii) breach any applicable laws; (c) nothing in your Content will be illegal, defamatory, obscene, or threatening to any third party; and (d) you are over 18 years of age and have the right to agree to these Terms.

8. You will hold Elemis harmless and indemnify Elemis against any actions, loss and damage arising out of any claims by third parties in connection with the Content, including for breach of intellectual property, data protection, privacy, image, performance, or publicity rights

9. The Content may contain information about you or identifiable individuals which constitutes personal data under applicable laws.

10. By agreeing to these Terms you give your consent to the processing of such personal data by Elemis for the purposes set out in these Terms.

11. Where any personal data relating to any other person appears in the Content you warrant that you also have obtained their consent for processing of such personal data.

12. Elemis will process personal data included in the Content or otherwise provided to us in connection with our use of the Content in accordance with all applicable data protection laws and our privacy policy available here: uk.elemis.com/privacy-policy

13. Elemis is the controller of your personal data and individuals can obtain further information or exercise any of their legal rights by contacting Elemis at: compliance@elemis.com . Elemis also engages data providers or service providers to assist with the processing of personal data, including Qubeeo Limited, located in the UK, who provides content curation, hosting, showcasing, and analytics services