Privacy

Last Updated: March 18, 2022

1. Applicability Of This Privacy Policy

This Privacy Policy sets out how Elevate (also referred to as “us”, “we”, “our”, or “Elevate”) uses and protects any information that you (referred to as “User”, “Customer”, “you”, or “your”) provide when accessing, browsing, registering, subscribing, visiting, or otherwise using our website, https://www.getelevated.app/ (the “Website”), and/or the Elevate mobile application (the “App”, together with the Website referred to as the “Platform”).

Elevate is committed to ensuring that your privacy is protected. You can be assured that any identifying information (referred to as “Personal Information” as defined below) you provide when using the Platform will only be used in accordance with this Privacy Policy. This Privacy Policy describes the type of information Elevate may collect from you or that you may provide when using the Platform, as well as Elevate’s practices for collecting, using, keeping, protecting, and/or disclosing any Personal Information.

2. What Personal Information Do We Collect?

When browsing, entering, engaging with, or otherwise using our Platform; contacting us; making a purchase; registering for our Services as described in the Terms and Conditions (the “Terms”); or conducting any other activity on our Platform, you may be asked to enter or disclose various types of Personal Information, which may include, but is not limited to:

Contact Information and Account Registration: name, email address, postal address, telephone number, account username and password, business contact information, or any other similar information you may provide to us.
Identification and Demographics: date of birth, gender, nationality, ethnicity, interests, lifestyle information, photos, social media credentials, including identification information about friends, contacts or referrals you provide.
Transactional: credit/debit card details, payment information, purchase history, billing address, delivery address, and registration information.
User Generated Content: photos, videos, audio, and other information you may submit to us, such as comments on our Platform and other online forums, and social media platforms.
Research and Feedback: reviews and comments that you send us through our Platform, online forms, message boards, and social media platforms; by email, over the phone, by mail, or in surveys.
Device Information and Identifiers: IP addresses, cookie IDs, browser types and language, operating systems, platform type, and device type.
Connection and Usage: domain names; browsing activity, scrolling and keystroke activity, advertisements viewed, forms or fields you complete or partially complete, search terms, whether you open an email, content you view and duration, quality of the service, and interaction with the content, logs, and other similar information. If these events occur while you are offline, they may be logged and uploaded to us when you next connect.
Geolocation: city, state, and ZIP code associated with your IP address or derived through Wi-Fi triangulation.
Social Media Information: if you interact with us through a third party platform, social media website, or register for our Platform using social media credentials, depending on your social media settings, we may have access to your information from that social network such as your name, email address, friend list, photo, age, gender, location, birthday, social networking ID, current city, your comments about our Services, and the people and other websites you follow.
Additional Information: any additional information you provide us either directly through our Platform or through your participation, support request, interaction through our social media accounts, or any other communication with us.

3. When Do We Collect Personal Information?

Generally, you are not under a statutory or contractual obligation to provide any Personal Information to us; however, certain Personal Information may be automatically collected from you in order for us to provide Services through our Platform.

We collect information from you when you browse, register, enter, or use our Platform; contact us; make a purchase; fill out an online form; or otherwise enter any other information on our Platform or our social media platforms which may include Facebook, Instagram, Twitter, Pinterest, LinkedIn, Google, or third party application (together the “Third Party Platforms”).

4. How Do You Get My Consent?

When you provide us with any Personal Information on our Platform; complete a transaction; verify or change your credit/debit card; fill out an online form; or anything of the like, you are automatically consenting to our collecting, storing, and using that information for your benefit, to improve our offerings and your experience.

If we ask for your Personal Information for any other reasons, we will either ask you directly for your express consent or provide you with an opportunity to say no or otherwise decline by contacting us directly.

5. How Do I Withdraw My Consent?

If you change your mind, you may withdraw your consent for the continued collection, use, or disclosure of your Personal Information at any time by contacting us directly. We reserve the right to retain any information previously collected for the purposes of resolving any disputes, as well as for obtaining and/or analyzing our aggregated data analytics.

6. How Do We Use Your Personal Information?

We may use such Personal Information in any of the following ways:

To personalize your experience and allow us to deliver the type of content in which you are most interested in seeing on our Platform.
To maintain and improve our Platform in order to better serve you and provide a more seamless experience across all devices.
To use in our marketing efforts.
To allow us to better service you in responding to your service requests or other queries.
To administer a contest, promotion, survey or other interactive feature.
To quickly process your transactions.
To communicate with you and send periodic e-mails regarding products, subscriptions, promotions, or other Services as they become available.
To display any content you generate, such as video, audio and comments, on our Platform or our Third Party Platforms.
To comply with all applicable laws, regulations, and ethical business conduct.
To investigate and help prevent security issues, abuse, or violations.

7. How Do We Protect Personal Information?

Elevate takes the security of your Personal Information very seriously. We implement a variety of security measures when you register for our Services; make a purchase; or otherwise use, enter, submit, or input your Personal Information on our Platform. Your Personal Information is accessible only to a limited number of persons who have the authority to access it.

8. Do We Collect Information From Minors?

We do not want to, and do not knowingly, collect any data from people under the age of 13. If we learn that we have collected any such data without the supervision of a parent or legal guardian, we will take all reasonable measures to delete such information and will not use it for any purposes whatsoever. If you become aware of any Personal Information that we have collected from a child under the age of 13 without the supervision of a parent or legal guardian, please contact us immediately.

9. How Do I Opt Out, Remove, Or Modify Any Personal Information I Have Provided?

You can request to have your Personal Information removed by contacting us directly through our Data Controller.

Please note that we may maintain information about individual sales transactions or subscription purchases in order to complete said transactions and for record keeping purposes.

10. Acceptance Of Terms

Through the use of our Platform, you are hereby accepting this Privacy Policy and each of the terms and conditions stipulated herein. If you are not in agreement with this Privacy Policy, you should refrain from any further use of our Platform.

Your continued use of our Platform, following the posting of any updates or changes to this Privacy Policy, shall indicate that you are in agreement and acceptance of such changes.

11. Limitation Of Liability

Under no circumstances will you hold Elevate
liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, that are caused or alleged to be caused in connection with your use of our Platform, or your purchase or use of any of our Services.

12. Do We Use 'cookies'?

Yes. We and our service providers, advertisers, and other third parties use cookies and similar technologies (e.g., HTTP cookies, HTML 5, flash local storage cookies, web beacons, GIFs, embedded scripts, ETags/cache browsers, and software development kits) to recognize you on, off, and across your devices. Cookies are small files that we or our service provider transfers to your computer’s hard drive through your web browser (if you allow) and/or your device that enables Elevate
or our service provider’s systems to recognize your browser or device to capture and remember certain information.

For instance, we use cookies to help us remember and process your purchased Services and/or subscriptions. They are also used to help us understand your preferences based on previous or current Website activity, which enables us to provide you with improved Services. We also use cookies to help us compile aggregate data about Website traffic and interaction so that we can offer better experiences and Services in the future. These partners may use mobile device identifiers, such as Apple IDFAs and Google/Android Advertising IDs. Doing this allows advertisement companies to recognize your computer or device each time they send you an online or mobile advertisement. In this way, advertisement companies may compile information about where you, or others who are using your computer or device, saw their advertisements and measure your interaction with each ad. We use cookies to help us remember and process your purchased Services. Cookies are also used to help us understand your preferences based on previous or current activity, which enables us to provide you with improved Services. We also use cookies to help us compile aggregate data about traffic and interaction so that we can offer better experiences and Services in the future on our Platform.

We use cookies to:

Help remember and process your orders.
Understand and save your preferences for future visits.
Compile aggregate data about traffic and interactions in order to offer better experiences and Services in the future. We may also use trusted third party service providers that track this information on our behalf.

You can choose to have your computer or device warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser or device settings. If you disable cookies, some features on the Platform may be disabled. Disabling cookies may also affect your experience by decreasing the Platform’s efficiency or causing some of our Services to not function properly.

13. Third Party And Other Disclosures Of Your Personal Information

We may share your non-private or Personal Information with related Third Party Platforms, companies, advertisers, partners, social networks, service providers, research and management companies, search engines, law enforcement, hosting partners, and other parties who assist us in operating our Platform, conducting our business, or otherwise servicing you. Similarly, if we are involved in a merger, collaboration, acquisition or asset sale, your Personal Information may be transferred. However, we will provide you with notice before your Personal Information is transferred and becomes subject to a different privacy policy.

We may also release your Personal Information under certain circumstances when we believe release is appropriate to comply with the law, enforce our policies, and/or protect ours or others’ rights, property, or safety. We may also be required to disclose your Personal Information if required by law or in response to a valid request by a public authority (e.g., a court or governmental agency).

14. Retention Of Your Personal Information

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, complete audits, and/or enforce our legal agreements and policies.

When we process the data within our group, regardless of where we are, we have implemented appropriate safeguards to ensure your personal data will remain protected.

15. Third Party Links

Occasionally, at our discretion, we may include or offer third party advertisements, products, or services on our Platform. These third parties have separate and independent privacy policies. Therefore, we have no responsibility or liability for the content and activities of these third parties. Nonetheless, we seek to protect the integrity of our Platform and welcome any feedback about these other third party links.

16. International Transfers

Elevate is headquartered in the United States; however, it may transfer your information to service providers and other third parties located outside of your country of residence, including in the United States. This may be necessary to provide our Services and for the purposes outlined in this Privacy Policy. Data privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. We take steps to ensure that reasonable safeguards are in place with aim to ensure an appropriate level of protection for your Personal Information, in accordance with applicable law. These measures include data transfer agreements. By providing us with your Personal Information, you acknowledge any such transfer, storage or use.

Depending on the country you reside in, for example under local laws in the European Union, you may have the following data protection rights with respect to your information:

To access, correct, update, port, delete, restrict or object to our processing of your Personal Information.
To delete certain information.
To withdraw your consent at any time.

We will respond within the time period prescribed by applicable law. Please note that many of the above rights are subject to exceptions and limitations.

Some Services can only be provided if we have your Personal Information, therefore deletion of your Personal Information may result in termination of such Services. We will take reasonable steps to verify your identity, including authenticating you through your email address. We may require further documentation such as a password and user ID before granting access to your information.

17. Special Notice For Customers And Visitors Located In India

Elevate abides by India’s Information Technology Act of 2000 (the “IT Act”) and its corresponding Information Technology Rules of 2011 (the “IT Rules” or the “Rules”), which are India’s regulatory mechanism for data protection and privacy. Under the IT Act and its corresponding Rules:

Any entity which possesses, deals, or handles any sensitive Personal Information or data will be liable for any damage caused by the entity’s negligence in implementing and maintaining reasonable security practices to protect Personal Information.
Any individual or entity that has wrongfully gained access to Personal Information with the intent to cause harm will be punished through fines or imprisonment.
You have the right to any sensitive Personal Information you may share with us on our Platform or through Third Party Platforms and may access and correct your Personal Information upon providing us with notice.
Except for law enforcement purposes, we must obtain your consent before disclosing any sensitive Personal Information, which includes providing you the ability to withdraw your consent.

18. Special Notice For Customers And Visitors Located In Australia

Elevate is subject to the operation of the Privacy Act of 1988 (the “Australian Privacy Act”) and the Australian Spam Act of 2003. If you access our Services and/or our Platform in Australia, here are the specific points you should be aware of:

Any Personal Information we ask you to provide is information that is reasonably necessary for, or directly related to, one of more of our Services, functions or activities.
Where we assume an obligation to protect your Personal Information, we will also require any of our contractors, subcontractors, Platform administrators, or third party service providers to undertake a similar obligation regarding the safety of your Personal Information and the transfer or storage of Personal Information overseas.
We will not use or disclose Personal Information for the purpose of our direct marketing to you unless: (i) you have consented to receive direct marketing; (ii) you would reasonably expect us to use your personal details for marketing; or (iii) we believe you may be interested in the material but it is impractical for us to obtain your consent.
If you think any Personal Information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, we will take reasonable steps to correct that information upon your request.
It may not be practicable for us to specify in advance each country where your Personal Information may be disclosed, typically we may disclose your Personal Information, where appropriate, to the United States, Canada and the European Union.

Under the Spam Act, you may opt out of any marketing materials we send to you through an unsubscribe mechanism. However, if you do request to unsubscribe from direct marketing messages, we may continue to provide you with messages that are not considered “direct marketing” under the Australian Privacy Act, including changes to our Terms and other information permitted under this Act.

19. State Specific Data Policies

Calif. Bus. & Prof. Code §§ 22580-22582; Calif. Bus. & Prof. Code §§ 22580-22582; And Del. Code § 1204c

Elevate shall not market or advertise to minors specified products or services that minors are legally prohibited from buying. We shall not market or advertise any products based on the Personal Information provided that is specific to any minor, nor shall we knowingly use, disclose, compile, or allow a third party to do so. Under California’s Privacy Rights for California Minors in the Digital World Act, any minor may request and obtain removal of Personal Information posted on our Platform.

20. Special Notice For California Residents

I) Your California Privacy Rights.

California residents are entitled once a year, free of charge, to request and obtain information regarding our disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. To obtain this information, please send an email to us directly.

II) California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of Personal Information, as well as the right to know/access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

III) Do Not Sell My Personal Information (California Residents Only)

California residents may opt out of the “sale” of their Personal Information. California law broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior to add to a profile about your device, browser, or you.

Depending on how you use the Website and/or App, we may share the following categories of information for such advertising which may be considered a sale (as defined by California law):

Identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history; geolocation information, such as city; and inference data.

If you would like to opt out of the use of your Personal Information for such purposes (to the extent this is considered a sale), you may do so as by contacting us directly.

IV) Third Parties’ List – Shine The Light (California Residents Only)

California residents can also request a list of all the third parties to which we have disclosed certain Personal Information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. You will need to attest to the fact that you are a California resident. We will not accept requests by telephone, email, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

21. Special Notice For Nevada Resident

Nevada law requires us to post the following: certain Nevada consumers may opt out of the sale of “Covered Information” for monetary consideration to a person for that person to license or sell such information. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

22. Content You Access

You may come across content or materials that you subjectively find offensive or inappropriate on our Platform. Some information posted on the Website and/or App is directly provided by other users and we make no representations concerning any content posted. Elevate
is not responsible for the accuracy, copyright compliance, legality, or decency of content posted. You release Elevate
from all liability relating to such content.

23. Changes To This Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our Platform. If we make material changes to this Privacy Policy, we will notify you here that it has been updated so you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it to any third party.

If you have any questions regarding this Privacy Policy or if you want to verify, modify, receive, suspend, or delete your Personal Information stored, you can reach out to our designated Data Controller using the contact information provided below: