PRIVACY POLICY: Cloud Elements Inc.

This Privacy Policy was last updated on June 30th, 2017.

This privacy policy (“Policy”) describes how Cloud Elements Inc. and its related companies (“We”, “Our”, “Us”) collect, use and share personal information of consumer users of this website, www.cloud-elements.com (the “Site”), and our products located at my.cloudelements.io, and console.cloud-elements.com (the “Services”). This Policy also applies to any of our other websites that post this Policy. This Policy does not apply to websites that post different statements.

This Privacy Policy sets forth Cloud Element’s policy with respect to information including personally identifiable data, such as your first and last name, title, company name, email address and telephone number. (“Personal Data”) and other information that is collected from visitors to the Site and Services. This Privacy Policy describes how Cloud Elements collects, uses, shares and secures the personal information you provide. It also describes your choices regarding use, access and correction of your personal information. The use of information collected through our service shall be limited to the purpose of providing the service for which the Client has engaged Cloud Elements.

Cloud Elements complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  Cloud Elements has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Cloud Elements is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Cloud Elements complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Cloud Elements is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Cloud Elements may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Information We Collect:

When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services. Wherever Cloud Elements collects Personal Data we make an effort to provide a link to this Privacy Policy.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Cloud Elements and the authorized third parties referred to herein located in the United States.

Personal Data that We Manage in Our Services: The Cloud Elements service, either directly or through contracted third parties, transmits Customer data from Customer controlled applications and data stores to other Customer controlled applications and data stores. Some of the application information and data may include PII of Customer related individuals with whom Cloud Elements has no direct relationship. Cloud Elements neither stores nor reviews Customer data, and Customer data is encrypted before it is transmitted, except for the limited purpose of confirming the product is functioning properly (“Test Data”). Cloud Elements maintains the Test Data as confidential and does not disclose it to any third parties.

Non-Identifiable Data: When you interact with Cloud Elements through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you.

Cloud Elements may store such information itself or such information may be included in databases owned and maintained by Cloud Elements affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers, Internet protocol (IP) addresses, browser type, referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site. It is important to note that no Personal Data is available or used in this process.

In operating the Services, we and our marketing and service partner providers may use a technology called “cookies” and other similar technologies. A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately, including functions like analyzing trends, administering the site, tracking users’ movements around the site and gathering demographic information about our user base as a whole. For instance, our Site may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, Cloud Elements often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Cloud Elements may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Cloud Elements may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Our Use of Your Personal Data and Other Information:

Cloud Elements uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Cloud Elements may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services. Cloud Elements and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

If Cloud Elements intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information:

Cloud Elements is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: Cloud Elements, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Cloud Elements may disclose your Personal Data if required to do so by law such as to comply with a subpoena, bankruptcy proceedings, or similar legal process or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Cloud Elements, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability. We may also disclose your personal information to any other third party with your prior consent.

Your Choices:

You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

Exclusions:

This Privacy Policy does not apply to any Personal Data collected by Cloud Elements other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Cloud Elements through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Cloud Elements shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Links to Other Web Sites:

This Privacy Policy applies only to the Site and Services. The Services may contain links to other web sites not operated or controlled by Cloud Elements (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Cloud Elements endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Security:

Cloud Elements takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Cloud Elements via the Internet.

We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.

Changes to Cloud Elements Privacy Policy:

The Services and our business may change from time to time. As a result, at times it may be necessary for Cloud Elements to make changes to this Privacy Policy. Cloud Elements reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Dispute Resolution:

In compliance with the Privacy Shield Principles, Cloud Elements commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Cloud Elements by e-mail at legal@cloud-elements.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

Cloud Elements has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.

CONTACT INFORMATION. We welcome your comments or questions about this privacy policy. You may also contact us at our address:

3001 Brighton Boulevard, Suite #642, Denver, CO 80216