This Privacy Policy sets forth the practices of owner and operator of the Site (“we,” “us,” or “our”) regarding the collection, use, storage, and disclosure of personal information obtained from users (“users” or “you”) of the website https://www.elkiem.com/ (“Site”).
The Site is specific to the tools and services available via Site only. For avoidance of doubt, this Privacy Policy Agreement is not in relation to data that is accessed, used, processed or obtained via a module identified as High-Performance Environmental Structure (HPES) that describes the nine components that exist in all performance environments and the balance which stimulates the best possible performance from the individuals within them.
We are committed to keeping any and all personal identifiable information collected of those individuals that visit our Site and make use of our online facilities and services, accurate, confidential, secure and private. This document (“Privacy Policy Agreement”) outlines the information that the is collected about you when you access and probe through the Site and how we use it.
THEREFORE, this Privacy Policy Agreement shall apply to all the users of the Site (“users”, “you”, “your”) who provide their personal identifiable information along with any other personal or proprietary details on the Site and thus it shall govern any and all data collection and usage thereof.
Acceptance of Terms
By using this Site, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. You must read, agree with and accept all of the terms and conditions contained in this Privacy Policy Agreement, before you use the Site. If you do not agree to the terms of the Privacy Policy Agreement, then you should refrain from use of our Site. By visiting and using the Site, you agree that your use of the Site and any disputes over privacy shall be governed by this Privacy Policy Agreement. Any new changes or modifications which are added to the current Site shall also be subject to this Privacy Policy Agreement.
Collection of Information
The Site collects various types of information, such as:
- Voluntarily provided information which may include your name, address, email address, billing and/or credit card information, etc., which may be used when you purchase products and/or services and to deliver the services or products you have requested.
- Information automatically collected when visiting our Site, which may include cookies, third party tracking technologies and server logs.
- For better experience, while using our Site, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device. We may use both Session Cookies and Persistent Cookies. A “Session Cookie” disappears after you close your browser. A “Persistent Cookie” remains after you close your browser and may be used by your browser on subsequent visits to the Site. User has the right to remove the Persistent Cookies from its browser. If you delete, or choose not to accept, Cookies from the Site, you may not be able to utilize the features of the Site to their fullest potential.
- When you visit the Site, use the services provided therein, we may automatically receive and record certain information from your computer, web browser and/or mobile device, including your IP address or other device address or ID, web browser and/or device type, hardware and software settings and configurations, the web pages or sites that you visit just before or just after visiting the Site, the pages you view on the Site, your actions on the Site, and the dates and times that you visit, access, or use the services through the Site. When you use the Site on a mobile device, we may also collect the physical location of your device by, for example, using satellite, cell phone tower or wireless local area network signals.
- We may implement third party advertising or other content on the Site that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your web browser in connection with your viewing of the third party content on the Site. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow a third party to collect information about you through their browser cookies, even when you do not interact with the button.
- It is our intent of that any information accessed or collected of User is knowingly and willingly provided by User through use of Site, submission of surveys, completed membership forms, and emails and that the information is used only for the purpose for which it was requested, and any additional uses specifically provided on this Site.
- We may have the occasion to collect anonymous demographic information, such as age, gender, household income, political affiliation, race, and religion. We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service.
Use of Information Collected
We may collect and may make use of personal information to assist in the operation of our Site and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you. We may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
We may feel it necessary, from time to time, to contact you with regards to a potential new offer which may be of interest to you. If you consent or show interest in presented offers, then, at that time, specific identifiable information, such as name, email address and/or telephone number, may be shared with the third party.
We may find it beneficial to share specific data with our trusted partners to conduct statistical analysis, provide you with email and/or postal mail, deliver support and/or arrange for deliveries to be made. Those third parties shall be strictly prohibited from making use of your personal information, other than to deliver those services which you requested, and as such they are thus required, in accordance with this agreement, to maintain the strictest of confidentiality with regards to all your information.
We retain the right disclose your personal information or any other information, without prior notice to you, only if required to do so in accordance with applicable laws and /or in a good faith belief that such action is deemed necessary or is required to:
- Remain in conformance with any decrees, laws and/or statutes or to comply with any process which may be served upon our Site;
- Maintain, safeguard and/or preserve all the rights and/or property; and
- Perform under demanding conditions to safeguard the personal safety of users or other visitors of Site and/or the general public.
You agree and acknowledge that we shall not be liable for any harm, loss or damage of any nature caused to you due to disclosure of information in above mentioned circumstances.
Children’s Privacy (Under the Age of 18)
We do not knowingly collect personal identifiable information from children under the age of eighteen (18) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of eighteen (18), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of eighteen (18) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and/or visitors to our Site have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters.
Security
We use certain physical, managerial, and technical safeguards that are designed to protect the integrity and security of your information. We cannot, however, ensure or warrant the security of any information you transmit to us through the use of Site, services or store on the Site and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
You will have the right to adjust your privacy settings to limit access to your information, however we cannot control the actions of other users or other third parties with whom you may choose to share your information. Therefore, we cannot and do not guarantee that information you post through the services and on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. Even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.
Assignment
We reserve the right to transfer or assign the information that we have collected from users, in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Changes to Privacy Policy Agreement
We reserve the right to update and/or change the terms of the Privacy Policy Agreement, and as such we will post those change to our Site’s homepage, so that the users and/or visitors are always aware of same. If at any point in time the we decide to make use of any personally identifiable information on file, in a manner significantly different from that which was stated when this information was initially collected, the user or users shall be notified of same. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.
CCPA and GDPR Compliance
We ensure compliance with the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) and will provide California and EU consumers with the rights granted under these applicable laws.
The rights of data subjects
Chapter III of the EU Data Protection Regulation (GDPR) provides for extensive rights for data subjects, which we will explain to you below with regard to the processing of your personal data:
The right to be informed
This specification applies in particular to the following data processing details:
- The purpose of the processing operation
- Categories of data
- If necessary, recipient or categories of recipients
- If necessary, the planned storage duration or the criteria for determining this duration
- Information on the respective right to correction, deletion, restriction or objection
- Existence of a right of appeal to a supervisory authority
- If necessary, origin of the data (if not collected from you)
- If necessary, existence of automated decision making including profiling, and including meaningful information about the logic involved, the scope and the expected effects
- If necessary, (planned) transfer to a third country or international organization
The right of rectification
If necessary, we will correct faulty data immediately if you inform us about the circumstance accordingly.
The right to deletion
If the processing is no longer necessary and one of the following conditions is fulfilled:
- Expiry of the purpose of processing
- Withdrawal of your consent and the absence of any other legal basis for processing
- Opposition to processing without an important reason to the contrary
- Illegal processing
- Required to fulfil a legal obligation
- Data collection in accordance with Art. 8 para. 1 GDPR. As part of the deletion request, we may pass on your request to those third parties to whom your data was previously transferred.
The right to restriction of processing
Provided one of the following conditions is met:
- You dispute the accuracy of your data (restriction may be made on our site for the duration of the verification)
- In the event of unlawful processing and provided that the data is not to be deleted, deletion shall be replaced by restriction of processing
- If the processing purposes expire, at the same time you need your data to assert, exercise or defend legal claims
- After your objection pursuant to Art. 21 para. 1 GDPR and for the duration of the examination, whether our justified reasons outweigh yours.
The right to data portability
As long as it is technically possible and the rights and freedoms of other persons are not affected, we will – at your request – transfer your data to another recipient (data controller).
Right to object
If we collect personal data from you or have it collected and process it (on the basis of Art. 6 Para. 1(e) or (f) or Art. 9 Para. 2(a) GDPR), you have the right to object to data processing (including profiling) at any time (with effect for the future). In exceptional cases, the objection may be invalid, e.g. if we can prove compelling legitimate interests for processing that outweigh your interests, or processing serves to assert, exercise or defend legal claims. If we process your personal data for direct marketing purposes, you have the right to object to such processing at any time. This also applies to any profiling connected with such direct advertising. You also have the right to object to the processing of the data we hold about you, which is carried out by us for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR unless such processing is necessary to fulfil a task in the public interest.
Automated individual decision-making including profiling
If we collect personal data from you or have it collected and process it, you have the right not to be subject to decision based exclusively on automated processing – including profiling – which has a legal effect on you or significantly impairs you in a similar manner. Exceptions to this requirement apply if the decision to conclude or fulfil a contract between you and us is necessary or if you have expressly consented to the processing. In any event, we will take reasonable measures to protect your rights and freedoms and your legitimate interests, including at least the right on our part to obtain the intervention of a person to express our position and to challenge the decision.
Right to withdraw consent under the data protection laws
You have the right to revoke your consent to the processing of personal data at any time.
Information on data security
We secure your personal data processed by us against loss, destruction, access, modification or distribution of your data by unauthorised persons by appropriate technical and organisational measures. However, despite regular checks, complete protection against all risks is not possible.
Legal basis for processing
We process personal data according to the specifications of the GDPR, depending on the type and purpose of processing, as follows:
| Where allowed by law | Specification of the GDPR |
| Informed consent | Art. 6 para. 1(a) |
| In performance of a contract | Art. 6 para. 1(b) |
| Implementation of pre-contractual measures | Art. 6 para. 1(b) |
| Fulfilment of legal obligations | Art. 6 para. 1(c) |
| Protection of vital interests | Art. 6 para. 1(d) |
| Safeguarding our legitimate interest | Art. 6 para. 1(f) |
Our legitimate interest
Our legitimate interest, as defined in Article 6 para. 1(f) GDPR, is based on the performance of our business activities to maintain our operability and to safeguard the employment of our employees.
General deadlines for data deletion
After elimination of the storage purpose, the retention periods are generally at least six or ten years. As a rule, the deletion of data generally takes place without delay in accordance with our deletion plan, insofar as it does not preclude any obligation to retain data, the need to fulfil a contract or a legitimate interest.
Deletion or blocking of personal data
We store your personal data only for the period necessary to fulfill the intended purpose. After elimination of the purpose and after expiration of any existing retention periods, your data will be deleted immediately. If deletion is not possible, the data will be blocked instead.
For more information on these rights, please contact us via details mentioned herein below.
How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement or related to our website, please feel free to contact us at the following email, telephone number or mailing address.
Email:
global@elkiem.com
Telephone Number:
+61 2 9356 8344
Mailing Address:
Level 3, 175 Macquarie Street
Sydney | NSW | 2000
Australia
