If you reside in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Iceland or Switzerland, you may have additional rights with respect to your Personal Data, as further outlined below. These rights may include rights under the EU’s General Data Protection Regulation (“GDPR”), if you are a resident of the EU, United Kingdom, Lichtenstein, Norway or Iceland.
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.
To the extent permitted by law, Cloud Elements will inform responsible parties without delay of data subjects’ requests for rectification, deletion, blocking of data, and enforcement of privacy rights in accordance with applicable law, complaints from data subjects, and/or objections from competent regulators.
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 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 Personally Identifiable Information (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.
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:
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.
- 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.
You have certain rights regarding your Personal Data, subject to local data protection laws. These may include the following rights:
- to access your Personal Data held by Cloud Elements (right to access);
- to rectify inaccurate Personal Data and ensure it is complete (right to rectification);
- to erase/delete your Personal Data to the extent permitted by other legal obligations (right to erasure; right to be forgotten);
- to restrict our processing of your Personal Data (right to restriction of processing);
- to transfer your Personal Data to another controller to the extent possible (right to data portability);
- to object to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right
- to object at any time to such processing without having to provide any specific reason for such objection;
- not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”); Automated Decision-Making currently does not take place on our websites;
- to the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.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.
- the possibility, under certain conditions, for the individual to invoke binding arbitration.
Links to Other Web Sites:
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.
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 firstname.lastname@example.org. 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.
You may also contact us at our address:
3858 Walnut Street, Suite #235, Denver, CO 80205