Privacy Policy
Last Updated and Effective as of: July 26, 2023
This Privacy Policy applies only to services, products, and interactive features accessible or downloadable through www.elevatehq.com and, that are owned or controlled by Elevate Merch LLC (“Company,” “Elevate,” “Elevate HQ,” “Elevate Holdings,” “we,” “our,” or “us”) and that post a link to this Privacy Policy (collectively, the “Service”). This Privacy Policy only covers information collected by the Service, and does not cover any information collected at any other web site or offline by Company (unless specifically stated). This Privacy Policy describes, among other things, the types of information collected about you when you visit the Service; how your information may be used and when it may be disclosed; how you can control the use and disclosure of your information; and how your information is protected. Terms of Use, which govern your use of the Service and any content you submit to the Service, and our Video Services Notice below, which describes how in some circumstances third parties may have access to information about what videos you have watched on the Service.
Linkable Table of Contents
It is important that you read and understand these entire Privacy Policy before using the Service. To ease review, below is a table of contents that links to each section. Please note that the complete provisions and not the headings shall govern. You can click on the headings to be taken to the full explanation.
- Privacy Policy Overview
- Types of Personal Information That May Be Collected
- Methods We May Use to Collect Information
- How We Use The Information Collected
- With Whom Information May Be Shared
- Third-Party Ad Serving, Audience, and Traffic Measurement Services
- Updating Your Information and Opting Out Of Email Communications and Mobile Features
- Social Networking Services
- Important Notice Regarding Public Areas Of The Service
- Third-Party Content and Links To Other Websites and Services
- Consent To Transfer
- Data Security and Protection of Information
- Children’s Privacy
- Notification of Changes and Your Acknowledgment Of The Privacy Policy
- Your U.S. Privacy Rights and Choices
- California Privacy Notice
- Colorado Privacy Notice
- Connecticut Privacy Notice
- Nevada Privacy Notice
- Utah Privacy Notice
- Virginia Privacy Notice
- Canadian Privacy Notice
- Data Retention
- Contact Us
1. Privacy Policy Overview
Please review our full privacy policy below – but here are some key points to know:
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We may collect information about you in a variety of ways, including: when you provide information to us directly, automatically as you use the Service, and from third-party sources.
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We primarily use the information collected from you in order to allow you to participate in the Service and to communicate information and offers to you (on the Service and elsewhere online). We may share your personal information under certain limited circumstances, such as with vendors providing services to us or for legal compliance. We may also share your personal information with third parties for their direct marketing purposes where you have consented to such sharing. For more details, click here. California, Colorado, Connecticut, Nevada, Utah, and Virginia residents should also review Section 15. Your U.S. Privacy Rights and Choices of this Privacy Policy. Residents of Canada should review Section 22. Canadian Privacy Notice.
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We work with third-party service providers, to serve and analyze advertisements on the Service and elsewhere online and to provide us with information regarding use of the Service. Analytics providers, ad network providers, ad agencies, advertisers and similar third parties may set and access their own tracking devices (including cookies and web beacons) and they may otherwise collect or have access to information about you and your visits to the Service or other online services. Such information may be used to display targeted ads to you.
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When you view video content on the Service, share information through a social-networking feature on the Service, or post to one of the Service’s Public Areas, third parties may have access to information on what videos you have watched.
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We have adopted commercially reasonable procedures to help protect your information, but please note that no data transmission or storage can be guaranteed to be 100% secure.
2. Types of Personal Information That May Be Collected
“Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identifiable individual. Personal information includes “personal data” as that term is defined in applicable privacy laws, as may be further described in Sections 16 – 21 this Privacy Policy. Personal information does not include publicly available information; lawfully obtained, truthful information that is a matter of public concern; information that has been de-identified, or aggregate consumer information. For more information how we collect and use the information in the following table, please review Sections 1-6. We may disclose non-personal information, such as aggregated user statistics, to third parties. Our use of aggregated, anonymized, and de-identified data is not subject to this privacy policy.
Categories of Personal Information Collected |
Examples |
Processing Purposes Linked to Categories |
Categories of Third Party Recipients As Detailed Further In Section 5 (Excluding Services Providers) |
Identifiers
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· Name · E-mail address · Cell phone number · Physical address · User account information · IP address · Unique identifiers such as Apple’s Identifier for Advertising (IDFA) or Google’s Android Advertising ID (AAID) · Device identifiers
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· Third-party advertising marketing companies with your consent platforms and other advertising providers for purposes of targeted advertising · To the extent we may share personal information with other third parties, such as our joint promotional partners, we will do so only pursuant to your expressed consent |
Financial Information
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N/A |
Commercial information |
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Same purposes as noted for “Identifiers” |
· Third-party advertising platforms and other advertising providers for purposes of targeted advertising · To the extent we may share personal information with other third parties, such as our joint promotional partners, we will do so only pursuant to your expressed consent |
Internet or other electronic network activity information
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Same purposes as noted for “Identifiers”
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· Third-party advertising platforms and other advertising providers for purposes of targeted advertising · To the extent we may share personal information with other third parties, such as our joint promotional partners, we will do so only pursuant to your expressed consent |
Audio, electronic, visual, or similar information |
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Same purposes as noted for “Identifiers” |
· Third-party advertising platforms and other advertising providers for purposes of targeted advertising · To the extent we may share personal information with other third parties, such as our joint promotional partners, we will do so only pursuant to your expressed consent |
Geolocation data |
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Same purposes as noted for “Identifiers” |
Third-party advertising platforms and other advertising providers for purposes of targeted advertising |
Characteristics or protected classifications |
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N/A |
Education information |
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Third-party advertising platforms and other advertising providers for purposes of targeted advertising |
Professional or employment-related information |
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N/A |
Information related to your participation or appearance in Company programs |
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as it relates to purposes related to your participation in Company programs
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N/A |
Inferences about you using any of the above
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For any of the purposes listed above |
Third-party advertising platforms and other advertising providers for purposes of targeted advertising |
Please note that because of the overlapping nature of certain of the categories of personal information identified above, some of the personal information we collect may be reasonably classified under multiple categories.
a. Information You Provide to Us
We may ask you to provide us with information through the Service, including the following:
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Personal information, which is information that could reasonably be used to identify you as a specific person, such as your name, e-mail address, cell phone number, and physical address;
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Demographic information, such as gender, zip code, information regarding your education or number of children, or similar information; and
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Other information about yourself, such as your interests or preferences.
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You may also be asked to choose a user name and password in order to identify yourself during future visits to the Service. Do not use your real name or the name of any other actual person as your user name.
We may combine non-personal information with personal information, in which case we will treat the combined information as personal information under this Privacy Policy.
Providing us with information about yourself is your choice, and you can always choose not to provide certain information, but then you may not be able to take advantage of some of the Service’s features.
Note that we may de-identify personal information we have received, turning it into non-personal information. This is sometimes accomplished using a mathematical process (commonly known as a hash function) to convert information into a code. The code does not identify you directly, but it may be used to connect your activity and interests.
b. Information We Collect Automatically on the Service
We may collect information automatically when you visit the Service, including:
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Information about your device, including device type and settings, and browser type and operating system;
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Websites or other services you visited before and after visiting the Service;
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Areas of the Service with which you interact, advertisements you view, and links you click on within the Service;
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Your Internet Protocol (IP) address, which is a number automatically assigned to your device whenever you access the Internet, or another unique identifier for the device you use to access the Service(e.g. Apple’s Identifier for Advertising (IDFA) or Google’s Android Advertising ID (AAID)). IP address can sometimes be used to derive your general geographic area.
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Precise geolocation data via QR code
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Information about your internet connection (e.g., mobile operator, ISP, WiFi connection).
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Information collected through cookies, web beacons, and other similar technologies.
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Information about your interactions with email messages, such as the links clicked on and whether the messages were opened or forwarded.
When analyzed, this usage information helps us determine how visitors arrive at the Service , what type of content is most popular, what type of content you may find most relevant and what type of visitors are interested in particular kinds of content and advertising.
c. Information from Other Sources
We may receive information about you from other sources. For example, we may obtain geographic or demographic information, or information regarding your possible interests, from third parties, or we may receive information from
d. Send to a Friend
If you send a friend a communication from the Service, the information you provide (names, e-mail addresses, phone numbers, etc.) is used on a one-time basis to facilitate the communication and is not used for any other marketing purpose, unless we obtain additional consent from that person.
3. Methods We May Use to Collect Information
a. Cookies
The Service uses standard technology called “cookies,” which are small data files that are transferred to your device when you visit the Service , if your browser is set to accept cookies. Cookies automatically identify your web browser to the Service whenever you visit the Service, and may make navigating and using the Service easier for you and allow you to personalize your experience on the Service. If you do not want to allow information to be collected through the use of cookies, you can generally opt out of providing this information by setting your browser to reject cookies. However, please be aware that some areas of the Service may not provide you with an acceptable user experience if you have disabled the use of cookies.
If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages such as shopping cart reminders).
b. Web Beacons
The Service and any communications sent by the Service may contain electronic images (generally, single-pixel “.gif” images) called “web beacons.” These web beacons allow Company and third parties to monitor and collect certain information about the viewer of the web page, web-based document, e-mail message, or other communication, such as the type of browser requesting the web beacon, a unique identifier of the device that the web beacon is sent to and the time the web beacon was viewed.
c. Embedded Scripts
An embedded script is programming code that is designed to collect information about your interactions with the Service , such as the links you click on. The code is temporarily downloaded onto your device from our server or a third-party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.
In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.
d. Do Not Track
Some Internet browsers include the ability to transmit “Do Not Track” signals. Since uniform standards for “Do Not Track” signals have not been adopted, the Service does not process or respond to “Do Not Track” signals. To learn more about “Do Not Track,” please visit “All About Do Not Track” at www.allaboutdnt.com/.
4. How We Use The Information Collected
The information we collect may be used to:
- Provide you with electronic newsletters, information, special offers and promotional materials on behalf of us or third parties;
- Fulfill your requests for products, services, and information and complete a transaction that you have requested;
- Enable you to participate in features, such as surveys, polls, sweepstakes/contests, and Public Areas (defined below) available on the Service;
- Contact you about the Service, including, without limitation, in our discretion to notify you of changes to this Privacy Policy, the Service Terms of Use, or other policies that affect your use of the Service;
- Analyze the use of the Service and information about visitors to the Service to understand and improve our service offerings and for other internal business purposes;
- Customize the advertising and content you see, both on the Service and elsewhere online;
- Comply with and monitor compliance with our Terms of Use and other applicable agreements and polices;
- For other purposes disclosed when you provide your information
5. With Whom Information May Be Shared
We may share information collected about you as disclosed at the time of collection, as otherwise disclosed in this privacy policy, and in the circumstances described in this section.
a. With your Consent
With your consent, we may share your personal information with third-party marketing partners for their own marketing purposes. We do not share your personal information with third parties for those third parties’ marketing purposes unless you opt-in to such sharing at the time you provide your personal information. If you do agree to have your personal information shared, your personal information will be disclosed to such third party(s) and all information you disclose will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy policies and practices of such third party(s) and, therefore, you should review the privacy policies and practices of such third party(s) prior to agreeing to receive such information from third party(s). If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly
b. Production partners and other third parties providing services on our behalf
We may share personal information with production partners and other third parties performing functions on our behalf; hosting or operating the Service, sending e-mail and/or other communications, providing wireless services, removing repetitive information from customer lists, data analysis, marketing assistance, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on our behalf.
c. Sweepstakes, Contests and Promotions
When you choose to enter a sweepstakes, contest, or other promotion, and in accordance with the terms and conditions of the promotion, your information may be disclosed to our sponsors and third parties who help design, administer and implement the promotion, including in connection with winner selection, prize fulfillment and aggregated data analysis. Your information also may be disclosed as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion. Please review our Terms of Use for more information.
d. Business Transfers
We may share your information, including personal information, in connection with a substantial corporate transaction, such as the sale of the Service or Company, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy, and including any due diligence process.
e. Co-Branded Partners
Co-Branded Partners are third parties with whom we may jointly offer a service or feature. You can tell when you are accessing a service or feature offered by a Co-Branded Partner because the Co-Branded Partner's name will be featured prominently. You may be asked to provide information about yourself to register for a service offered by a Co-Branded Partner. In doing so, you may be providing your information to both us and the Co-Branded Partner, or we may share your information with the Co-Branded Partner. Please note that the Co-Branded Partner's privacy policy may also apply to its use of your information.
f. Legal Protections and Law Enforcement
We may disclose information about our users, including personal information, to respond to subpoenas, court orders, legal process, and other law enforcement measures (e.g., at the request of governmental authorities conducting an investigation); and to comply with other legal obligations. We may also use device identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.
g. Protection of the Service and Users
We may disclose information to protect and defend the legal rights, interests, and safety of us and our partners and their employees, agents, and contractors (including enforcing our agreements), and to protect the safety and security of users of the Service and members of the public.
6. Third-Party Ad Serving, Audience, and Traffic Measurement Services
The Service works with network advertisers, ad agencies, analytics service providers, and other third parties to serve third-party advertisements on the Service, to serve our advertisements elsewhere online, and to provide us with information regarding use of and traffic on the Service (including without limitation the pages viewed and the actions users take when visiting the Service) and the effectiveness of our advertisements. The advertisements you see may be served by one or more third parties, who may use information about your activities on the Service, and other web sites and services you visit, over time and across the various devices you use, to provide you targeted advertising based upon your interests.
These third parties may collect certain information about your visits to and activity on the Service and other websites and services and may use this information to target advertising to you. Additionally, they may collect information through their own cookies, web beacons, and other similar technologies, and may otherwise collect or have access to information about you (such as usage information and device identifier), in an effort to understand your interests and deliver advertisements that are tailored to your interests. Some of these parties may collect personal information over time when you visit the Service or other online websites and services
Cookies and web beacons. Please note that cookies and beacons, as detailed in Section 3, including without limitation those set by third-party network advertisers, may be used to (among other things): target advertisements, prevent you from seeing the same advertisements too many times, and conduct research regarding the usefulness of certain advertisements to you.
We do not have access to the information these third parties may collect about your interests to deliver relevant advertising to you, and the information practices of these third parties are not covered by this Privacy Policy. However, as described elsewhere in this Privacy Policy, we may share certain non-personal information such as device identifiers, usage information and other de-identified information, including sharing with our third-party advertising companies, analytics providers and other vendors for advertising and analytics purposes.
We use a variety of service providers to perform advertising and analytics services. Some of these companies may offer you a way to choose not to have your information used for advertising purposes.
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In addition, some of these companies are members of the Network Advertising Initiative (“NAI”), which offers a single location to opt out of receiving tailored ads from member companies. To opt out of information collection by NAI member companies, or to obtain information about the technologies they use or their own privacy policies, please visit the NAI consumer opt out page.
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Also, through the Digital Advertising Alliance (“DAA”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different Web Sites. To learn more and make choices about interest-based ads from participating third parties, please visit the DAA consumer opt out page.
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We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Service and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
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Third-party market research services, such as Nielsen, may access information about you through your social networking services. You can prevent Nielsen from receiving any data from social media networks, including Facebook that includes information identifying you by opting out of Nielsen measurement. Please click here to read about Facebook’s participation in Nielsen’s measurement services. Please click here for more information about Nielsen digital measurement products and here to learn how to opt out of Nielsen measurement services.
If you opt out of having your information used to deliver advertisements tailored to your interests, you will continue to see advertisements on the Service, but these advertisements may not be as relevant to you. These online advertising efforts on the Service do not result in you seeing more advertisements, just more relevant advertising, and they allow us to provide you with free content and services. We hope you value our efforts to show you content and advertising that more closely reflects your interests.
Some of these advertising and analytics providers may, through the use of cookies, web beacons, and similar technologies on the Service, have access to information about the content viewed by users of the Service – including video content.
7. Updating Your Information and Opting Out of Email Communications and Mobile Features
The Service may contain web pages through which you can correct or update some of the personal information you have provided to us through registration with the Service or through which you may be able to unsubscribe from or modify the marketing emails or similar communications from the Service. We will make good faith efforts to make requested changes in our active databases as soon as reasonably practicable. If you have made any public posting, such as in a Public Area, these communications generally will not be removed. With regard to marketing emails and similar communications you may receive from us, you may tell us you no longer want to receive these emails from the Service by following the opt-out instructions provided to you in those communications. Please note that we reserve the right to send you certain communications relating to your account or use of the Service, such as administrative and services announcements and these transactional account messages may be unaffected if you choose to opt-out from marketing communications. To opt out of mobile features, please follow the instructions in Section 10 of the Terms of Use.
8. Social Networking Services
We may offer you the ability to use certain third-party social networking services through the Service. For example, you can use third-party social networking services, such as Facebook or Twitter, to share information about your experience on the Service with your friends and followers on those services. These social networking services may be able to collect information about you, including about your activities on the Service, and they also may notify your friends on their services that you are a user of the Service or about your use of the Service, in accordance with their own privacy policies.
By using third-party social networking services through the Service, you consent to share information about you, including video content that you have watched on the Service with your friends and followers on those services. You may be able to limit how a third-party social networking service shares your information by visiting your social networking service’s website and updating your privacy settings.
9. Important Notice Regarding Public Areas Of The Service
The Service may provide features that allow or enable you to create a public profile which may include information such as your photo, name, contact information, and other information that you choose to post publicly ("Profile"). The Service may contain public areas to which you can contribute your original text and audio or video content, such as comments, message boards, blog comments areas, personal blogs, online chat features, and any public portion of your Profile (collectively, "Public Areas"). If you submit comments, message board posts, votes, reviews, suggestions, chat messages, photographs, videos, audio recordings, music, text or other content ("User Content") to Public Areas, it may be published online or offline in any media or format (currently existing or later developed). Note that comment and review features, as well as other Public Areas, may be offered and controlled by third parties. Other users of the Service will have access to your User Content that is posted on the Service and may have the ability to share it with third parties across the Internet, including through the use of the Service features allowing users to share links to User Content with third party web sites (such as Facebook, Twitter and similar sites). Company may use your User Content, or any portion of your User Content, that you submit to be published on the Service, whether directly to us or through a third party, for advertising, marketing, publicity and promotional activities. For the full terms and conditions regarding User Content you submit to the Service , please review the Service’s Terms of Use.
If you submit any User Content to Company or to a third party offering features on the Service, that User Content may be published online or offline, we and our service providers, as well as any third party to whom you submit the User Content, may publish your name, voice, likeness and other personal information in connection with publishing the User Content or any portion thereof, and may use the User Content and any excerpt thereof in connection with advertising, marketing, publicity and promotional activities. For the full terms and conditions regarding User Content, please review the Service’s Terms of Use.
You also may have the ability to interact and communicate other members on the Service. Please use caution when interacting and communicating with people that you do not know personally. Please note that Company cannot ensure the security of any information you choose to make public and cannot ensure that parties who have access to such publicly available information will respect your privacy. Therefore, use caution when including personal information in User Content or a Public Area or any message that you send using the Service or electing to personal information in your Profile viewable to other members.
10. Third-Party Content and Links To Other Websites and Services
Certain content on the Service(such as advertisements) may be hosted and served by third parties. In addition, please note that the Service may contain links to other websites and services. We are not responsible for the privacy practices of those websites, and we recommend that you review the privacy policies of each website that you visit. When you select a link to a third-party web site from our Service (e.g., if you click through a banner advertisement), you will be leaving the Service . Any information that you disclose on the third-party website will be governed by that website's privacy policy.
11. Consent To Transfer
The Service is operated in the United States and we do not intend to collect personal information or personal data as those terms are defined under applicable law from users residing outside the United States or Canada. If you are located outside of the United States (including, without limitation, within the European Union), please be aware that information we collect will be transferred to and processed in the United States. By using the Service or providing us with any information, you consent to the transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen, and you agree that the laws of the United States and the State of California will apply.
12. Data Security and Protection of Information
We have adopted commercially reasonable technical, administrative, and physical security measures appropriate to the risks and information sensitivity to help protect and secure your personal information to help protect your information from loss, misuse, unauthorized access, and alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure and we cannot ensure or warrant the security of any information you transmit to us.
13. Children’s Privacy
The Service is a general audience web site. We do not knowingly collect any personal information from children younger than the age of sixteen (16) on the Service and we will delete any information later determined to be from a user younger than sixteen (16). If you are a parent of a user younger than sixteen (16) and believe we may have any collected personal information without parental consent, please notify us in writing using the contact information provided in Section 15(b).
14. Notification of Changes and Your Acknowledgment Of The Privacy Policy
By using the Service, you acknowledge the terms of this Privacy Policy. From time to time, Company may update this Privacy Policy. However, Company will use your personal information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.
15. Your U.S. Privacy Rights and Choices
a. Overview
You may have certain rights and choices regarding our use and disclosure of your personal information. Unless instructed otherwise, you may contact us to exercise these rights and choices using the information in the section at the end of this Privacy Policy. Some of these rights are available to residents of specific jurisdictions as described further below and in Sections 16 - 21.
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Opting out of electronic communications from us. You may opt out email communications by following the instructions in Section 7.
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Additional rights available in certain states and jurisdictions. Certain U.S. states and other jurisdictions provide residents with certain rights with respect to their personal information or personal information as defined under applicable law, including residents of California, Colorado, Connecticut, Nevada, Utah, and Virginia. Please be advised that these rights are subject to state privacy law interpretation and that certain other rights might apply. Please review Sections 16-21 for more information on state-specific rights and terms.
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Right to Know and Access. You have the right to know what personal information we collect, use, disclose, and/or sell or share as those terms are defined under applicable state law. You may ask us to provide you a portable copy of this information up to two times in a rolling twelve-month period.
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Right to Delete. You have the right to request under certain circumstances that we as well as our service providers and contractors delete the personal information that we collect about you.
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Right to Correct Inaccurate Personal information. You have the right to request the correction of inaccurate personal information.
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Right to Opt Out. If we sell or share your personal information as those terms are defined in the applicable state law. Please review Sections 16-21 for information on how to opt out of the sale/sharing of your personal information under your state’s privacy laws.
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Sensitive Personal Information or Sensitive Data. You may have certain rights with respect to your sensitive personal information or sensitive data as defined in the applicable state law. Please review Sections 16-21 for information on how to exercise these rights.
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Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.
b How to Exercise Your Privacy Rights
If you are a resident of California, Colorado, Connecticut, Nevada, Utah, and Virginia, please use the following information to exercise your privacy rights. Please note that any request you submit to us is subject to an identification and residency verification process as permitted under applicable law, as well as certain other procedural requirements that may be noted in the sections below. Additionally, all requests are subject to certain exceptions under applicable law, which may vary. If you are a visually-impaired customer, a customer who has another disability or a customer who seeks support in other language, you may access your privacy rights by emailing us at merch@elevatehq.com.
Except where otherwise noted, we will respond to your request within forty-five (45) days after receipt and we reserve the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days. As described below, in some jurisdictions, an authorized agent may submit a request to exercise your rights on your behalf.
How to submit a request. You may exercise any of the rights described in Sections 16 -19 by email to merch@elevatehq.com or write to us at Elevate Merch LLC, Attn: Legal, 516 Byron Nelson Boulevard, Roanoke Texas 76262, United States. You must put the statement “Your [STATE OF RESIDENCE] Privacy Rights” in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
We do not charge a fee to process or respond to your verifiable consumer request unless its excessive, repetitive, manifestly unfounded, or in accordance with applicable law. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
You may only make a verifiable or authenticated consumer request twice within a twelve (12) month period. If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child. Additionally, in some jurisdictions, you may designate an authorized agent to submit a request on your behalf. The request must include:
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Sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
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Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to the request.
We cannot respond to your request or provide you with personal information if we cannot verify or authenticate your identity or authority to make the request and confirm that the personal information relates to you.
You are not required to create an account with us to submit a verifiable or authenticated consumer request. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable or authenticated consumer request to verify your (or your authorized agent’s as applicable) identity or authority to make the request.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
16. California Privacy Notice
This California Privacy Notice provides additional information regarding the personal information as defined in Section 2 about California residents that we collect, how we use it, what sources it is derived from, and who we disclose it to, and provides information regarding to California residents’ rights, and our responsibilities, under the California Consumer Privacy Act and its amendments in the California Privacy Rights Act (“CCPA”), and other relevant California laws and regulations.
The CCPA provides California residents with rights to receive certain disclosures regarding the collection, use, and disclosure of personal information, as well as rights to access, correct, delete, and restrict the sale, use, and disclosure of certain personal information we collect about them. California residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the CCPA.
If you are a visually-impaired customer, a customer who has another disability or a customer who seeks support in other language, you may access your privacy rights by emailing us at merch@elevatehq.com.
a. Personal Information We Collect
We may collect, or have collected, the categories of personal information about you as described in Section 2. For purposes of this section, personal information also includes personal information as described in California Civil Code Section 1798.80(e), which includes “financial information” as described in Section 1. Additionally, for purposes of this section, “publicly available information” includes: information is made available from federal, state, or local government records; information that a business has a reasonable basis to believe is lawfully available to the general public, either through widely distributed media, or by the consumer; and information that is made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience.
Sensitive personal information. Certain of the personal information that we collect, as described above, may constitute “sensitive personal information” as defined by California law. This may include:
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Account log-in, financial account, and debit or credit card information, in combination with required security or access code, password, or credentials allowing access to an account;
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Precise geolocation;
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Racial or ethnic origin;
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Religious or philosophical beliefs,
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Certain health information; and
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Personal information collected and analyzed concerning sex life or sexual orientation.
Household data. We currently do not collect personal information at the household level. If we receive a privacy rights request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household younger than sixteen (16), as we do not collect personal information from any person younger than sixteen (16).
b. How We Use Your Personal Information
We use the personal information we collect about you for all of the purposes outlined in Section 2 above.
When we collect sensitive personal information as described in Section 16(a) above, we do so for the following purposes:
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Systems, data security, prevent fraud, and to create and maintain a trusted and secure online environment
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To protect ourselves, you, and others
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Audit, compliance, legal, policy, procedure, and regulatory obligations
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Internal business operations
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Consistent with your expressed preferences as it relates to purposes related to your participation in Company programs
c. Sources of Personal Information
We may collect personal information about you from the following categories of sources:
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Directly from you and other users through your interactions with and use of the Service as well as in relation to your participation in Company programs
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Through automated technologies, online browser tools, and other tools to determine your location, as well as cookies, pixel tags and other tracking technologies as described in Sections 3 and 6
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From third parties, including our third party service providers, business and marketing partners, analytics providers, ad network providers, ad agencies, and advertisers
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From government agencies or public records
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From social media and other content platforms, if you access the Service through a third-party connection or log-in or interact with us on these platforms
We may supplement the information described above with information we obtain from other sources, including from both online and offline information providers.
d. Whom We Disclose Personal Information To
We limit our disclosure of the categories of personal information above to our service providers for one or more business purposes. “Business purposes” means the reasonably necessary and proportionate use of personal information for our operational purposes, other purposes described in this Privacy Policy, for the operational purposes of our service providers and contractors, as well as other purposes compatible with the context in which the personal information was collected. This includes the business purposes described in Section 2.
We may “sell” and/or “share” share personal information with third party partners as part of targeted advertising initiatives. That sharing may constitute a “sale” and/or “share” under California law, even though we do not receive monetary payment for sharing or disclosing personal information to these third parties. In the last 12 months (from the last updated date listed at the top of this Privacy Policy), we have “sold” or “shared” the following categories of personal information:
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Identifiers
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Commercial information
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Internet or other electronic network activity information
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Audio, electronic, visual, or similar information
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Geolocation data
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Education information
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Inferences
Please review the other disclosures in this Privacy Policy, including Sections 1- 6 for more information about these practices, as well as your opt-out rights under California law as to that activity as described in Sections 16(e) and 16(f) below.
We do not have actual knowledge of collecting or selling any personal information of California residents under the age of 18.
e. Your California Privacy Rights
If you are a California resident, you have the rights described in Section 15 and the following additional rights under applicable California law:
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Right to Opt-Out of Sale and/or Sharing. You have the right to opt-out of the sale and/or sharing of your personal information by a business. As noted in Sections 1-6 and 16(d), we may “sell” and/or “share” your personal information for purposes of cross-context behavioral advertising. You may opt-out by following the instructions in Section 15(b).
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Right to Limit Use and Disclosure. You have the right to limit the use or disclosure of your sensitive personal information to only the uses necessary for us to provide goods or services to you. We will not use or disclose your sensitive personal information after you have exercised your right unless you subsequently provide consent for the use of your sensitive personal information for additional purposes.
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Sharing with third parties for their own direct marketing purposes. We do not disclose this type of personal information to third parties for their own purposes without your consent and we permit you to opt-out of any disclosures of non-identifiable personal information. Additionally, we provide you a choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in at the time we offer that choice, we will not share your information with that identified third party for its direct marketing purposes. However, because California residents have the right to request information regarding such practices under California’s “Shine the Light” Law, please contact us using the information provided in Section 15(b). “Personal information” under this California law means any information that identified, described, or was able to be associated with an individual at the time of disclosure. You must include your full name, email address and postal address in your email or mail request so that we can verify your California residence and respond.
How to exercise your rights. You may exercise any of the rights described in this section by following the instructions in Section 15(b).
f. Notice of Right to Opt-Out
If you wish to opt-out of the “sale”/“sharing” of personal information for purposes of cross-context behavioral advertising as described in Section 16(d), please follow the instructions in the instructions in Section 15(b).
We also encourage you to utilize the cookie preferences options that appear in the cookie banner on the Service. Finally, you may also visit the websites of the Network Advertising Initiative and the Digital Advertising Alliance's Self-Regulatory Program for Online Behavioral Advertising for more information about opting out of seeing targeted digital advertisements and how to opt bank in if desired. You may also learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings.
g. Notice of Financial Incentives
We may offer sweepstakes, promotions, and discounts on products or services by joining email subscription lists or enrolling in other marketing opportunities. The availability of these promotions to you at any given time will vary. If and when we offer such programs, we may ask for your personal information including: your first and last name, email address, phone number, and physical address (optional) as a prerequisite to your participation.
The promotions that may be available to you are:
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[Name of specific marketing opportunity].
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A good-faith estimate of the value of the consumer’s data that forms the basis for offering the price or service difference; and
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A description of the method(s) the business used to calculate the value of the consumer’s data.
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A succinct summary of the financial incentive or price or service difference offered;
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A description of the material terms of the financial incentive or price or service difference, including the categories of personal information that are implicated by the financial incentive or price or service difference and the value of the consumer’s data;
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How the consumer can opt-in to the financial incentive or price or service difference;
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A statement of the consumer’s right to withdraw from the financial incentive at any time and how the consumer may exercise that right; and
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An explanation of how the price or service difference is reasonably related to the
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value of the consumer’s data, including:
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Incentives and/or types of rewards (e.g. exclusive or early access, rewards points, and discounts)
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Personal information collected in order to register or otherwise participate in program
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Email Newsletter. When you subscribe to the email newsletter, we may offer you special savings in the form of digital coupons for free or discounted products and announcements of sweepstakes, contests, and giveaways. In order to participate in the newsletter, you must provide a valid email address. You will also be provided with the option to personalize your inbox by choosing the categories of our products that interest you, your language preference, and desired frequency of emails. To unsubscribe from our email newsletters, please follow the instructions in Section 7.
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Sweepstakes, contests, and giveaways. From time to time, we may offer you the opportunity to participate in various branded sweepstakes, contests, and giveaways that offers prizes including free or discounted products, shopping sprees, and other rewards. The information required to participate in these opportunities may vary, but can include first and last name, valid email address, date of birth, phone number, street address, and zip code. Certain of these opportunities may only be available to certain members or our social media followers.
You may opt-in to the above promotions by visiting the Service or navigating through your account. You may also withdraw from these promotions at any time by contacting us at merch@elevatehq.com. If you refuse to provide your opt-in consent for a financial incentive program, we will not contact you for at least twelve (12) months before requesting again.
The value we place on the personal information that we collect in connection with these promotions is calculated by determining the approximate additional spending per promotion participant, compared to individuals for whom we do not have email addresses, shopping history and preferences, or other collected information.
h. Retention of Personal Information
We will retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained as described in Section 23.
17. Colorado Privacy Notice
This Colorado Privacy Notice provides additional information regarding the personal data as defined in Section 2 about Colorado residents that we collect, how we use it, what sources it is derived from, and who we disclose it to, and provides information regarding to Colorado residents’ rights, and our responsibilities, under the Colorado Privacy Act (“CPA”) and other relevant Colorado laws and regulations.
The CPA provides Colorado residents with rights to receive certain disclosures and access regarding collection, use, sale, and sharing of personal data, as well as rights to delete, correct, and affirmatively consent to the use, disclosure, and sale of certain personal data we collect about them. Additionally, Colorado residents have the right to opt-out of targeted advertising, sale of their personal data, and profiling. Colorado residents also have the right not to receive discriminatory treatment by us for the exercise of their privacy rights. This Colorado Privacy Notice does not apply to certain personal data that is already subject to certain federal and state regulation.
If you are a visually-impaired customer, a customer who has another disability or a customer who seeks support in other language, you may access your privacy rights by emailing us at merch@elevatehq.com.
a. Personal Data We Collect
We may collect, or have collected, the categories of personal data about you as described in Section 2. For the purposes of this section, “publicly available information” includes: information that is lawfully made available from federal, state, or local government records and information that a business has a reasonable basis to believe the consumer has lawfully made available to the general public.
Sensitive data. Certain types of personal data that we collect, as described above, may constitute “sensitive data” under Colorado law, including racial or ethnic origin, religious or philosophical beliefs, certain health data, and personal data collected and analyzed concerning sex life or sexual orientation.
b. How We Use Your Personal Data
We use the personal data we collect about you for all of the purposes outlined in Section 2 above.
When we collect sensitive data as described in Section 17(a) above, we do so for the following purposes:
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Systems, data security, prevent fraud, and to create and maintain a trusted and secure online environment
-
To protect ourselves, you, and others
-
Audit, compliance, legal, policy, procedure, and regulatory obligations
-
Internal business operations
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With your consent as it relates to purposes related to your participation in Company programs
c. Sources of Personal Data
We may collect personal information about you from the categories of sources described in Section 16(c).
d. Whom We Disclose Personal Data To
We limit our disclosure of the categories of personal data above to our service providers for one or more business purposes. “Business purposes” means the necessary, reasonable, and proportionate use of this personal data for the specific purposes described in this privacy policy.
We may “sell” personal data with third party partners as part of targeted advertising initiatives. That sharing may constitute a “sale” under Colorado law, even though we do not receive monetary payment for sharing or disclosing personal data to these third parties.
In the last 12 months (from the last updated date listed at the top of this Privacy Policy), we have “sold” the following categories of personal data:
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Identifiers
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Commercial information
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Internet or other electronic network activity information
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Audio, electronic, visual, or similar information
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Geolocation data
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Education information
-
Inferences
Please review the other disclosures in this Privacy Policy, including Sections 1-6 for more information about these practices, as well as your opt-out rights under Colorado law as to that activity as described in Sections 17(e) and 17(f) below.
e. Your Colorado Privacy Rights
If you are a Colorado resident, you have the rights described in Section 15 and the following additional rights under applicable Colorado law in relation to your personal data , subject to certain exceptions:
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Right to Opt-Out. You have the right to opt-out of targeted advertising, our sale of your personal data, and profiling decisions that could produce legal or similarly significant effects.
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Right to Provide Affirmative Consent. We cannot process your sensitive data or your sensitive data inferences or use your personal data for certain purposes without your affirmative consent.
How to exercise your rights. You may exercise any of the rights described in this section by following the instructions in Section 15(b).
You may join the above programs by visiting the Service or navigating through your account. You may also withdraw from these programs at any time by contacting us at merch@elevatehq.com. If you refuse to provide your opt-in consent for a program, we will not contact you for at least twelve (12) months before requesting again.
Please note that your exercise of the Right to Delete makes it impossible for us to continue to offer our Loyalty Program because the Loyalty Program requires us to track your purchases and other activities across time and among the various products, services, and features available on the Service.
18. Connecticut Privacy Notice
This Connecticut Privacy Notice provides additional information regarding the personal information as defined in Section 2 about Connecticut residents that we collect, how we use it, what sources it is derived from, and who we disclose it to, and provides information regarding to Connecticut residents’ rights, and our responsibilities, under the Connecticut Data Privacy Act (“CTDPA”), and other relevant Connecticut laws and regulations.
The CTDPA provides Connecticut residents with rights to receive certain disclosures regarding the collection, use, and disclosure of personal information, as well as rights to receive certain disclosures and access regarding collection, use, sale, and sharing of personal data, as well as rights to delete, correct, and affirmatively consent to the use, disclosure, and sale of certain personal data we collect about them. Connecticut residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the CTDPA.
If you are a visually-impaired customer, a customer who has another disability or a customer who seeks support in other language, you may access your privacy rights by emailing us at merch@elevatehq.com.
a. Personal Data We Collect
We may collect, or have collected, the categories of personal data about you as described in Section 2. For purposes of this section, “publicly available information” means information that is lawfully made available from federal, state, or local government records, or widely distributed media and information that a business has a reasonable basis to believe the consumer has lawfully made available to the general public.
Sensitive data. Certain types of personal data that we collect, as described above, may constitute “sensitive data” under Connecticut law, including racial or ethnic origin, religious or philosophical beliefs, certain health data, and personal data collected and analyzed concerning sex life or sexual orientation.
b. How We Use Your Personal Data
We use the personal data we collect about you for all of the purposes outlined in Section 2 above.
When we collect sensitive data as described in Section 18(a) above, we do so for the following purposes:
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Systems, data security, prevent fraud, and to create and maintain a trusted and secure online environment
-
To protect ourselves, you, and others
-
Audit, compliance, legal, policy, procedure, and regulatory obligations
-
Internal business operations
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With your consent as it relates to purposes related to your participation in Company programs
c. Sources of Personal Data
We may collect personal data about you from the categories of sources described in Section 16(c).
d. Whom We Disclose Personal Data To
We limit our disclosure of the categories of personal data above to our service providers for one or more business purposes. “Business purposes” means the reasonably necessary and proportionate use of personal information, in a way that is adequate, relevant, and necessary for specific purposes described in this privacy policy, compatible with the nature and purpose(s) for the collection, use, and retention of the personal data.
We may “sell” personal data with third party partners as part of targeted advertising initiatives. That sharing may constitute a “sale” under Connecticut law, even though we do not receive monetary payment for sharing or disclosing personal information to these third parties.
In the last 12 months (from the last updated date listed at the top of this Privacy Policy), we have “sold” the following categories of personal information:
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Identifiers
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Commercial information
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Internet or other electronic network activity information
-
Audio, electronic, visual, or similar information
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Geolocation data
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Education information
-
Inferences
Please review the other disclosures in this Privacy Policy, including Sections 1-6 for more information about these practices, as well as your opt-out rights under Connecticut law as to that activity as described in Sections 18(e) below.
e. Your Connecticut Privacy Rights
If you are a Connecticut resident, you have the rights described in Section 14 and the following additional rights under applicable Connecticut law in relation to your personal data, subject to certain exceptions:
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Right to Opt-Out. You have the right to opt-out of targeted advertising, our sale of your personal data, and profiling decisions that could produce legal or similarly significant effects.
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Right to Provide Affirmative Consent. We cannot process your sensitive data or use your personal data for certain purposes without your affirmative consent.
How to exercise your rights. You may exercise any of the rights described in this section by following the instructions in Section 15(b).
19. Nevada Privacy Notice
While we do not sell personal information, Nevada residents nonetheless have the right to request to opt out of any future “sale” of their personal information under Nevada SB 220. If you are a Nevada resident and would like to make such a request, please follow the instructions in Section 15(b). You must include your full name, email address and postal address in your email or mail request so that we can verify your Nevada residence and respond. In the event we sell your personal information after the receipt of your request, we will make reasonable efforts to comply with such request.
20. Utah Privacy Notice
This Utah Privacy Notice provides additional information regarding the personal information as defined in Section 2 about Utah residents that we collect, how we use it, what sources it is derived from, and who we disclose it to, and provides information regarding to Utah residents’ rights, and our responsibilities, under the Utah Consumer Privacy Act (“UCPA”) and other relevant Utah laws and regulations.
The UCPA provides Utah residents with rights to receive certain disclosures and access regarding collection, use, sale, and sharing of personal information, as well as rights to delete, and opt-out to the use, disclosure, and sale of certain personal information we collect about them. Additionally, Utah residents have the right to opt-out of targeted advertising, sale of their personal data, and profiling. Utah residents also have the right not to receive discriminatory treatment by us for the exercise of their privacy rights. This Utah Privacy Notice does not apply to certain personal information that is already subject to certain federal and state regulation.
If you are a visually-impaired customer, a customer who has another disability or a customer who seeks support in other language, you may access your privacy rights by emailing us at merch@elevatehq.com.
a. Personal Data We Collect
We may collect, or have collected, the categories of personal data about you as described in Section 2. For purposes of this section, “publicly available information” means information that a person lawfully obtains from a record of a governmental entity, or widely distributed media and information that a business has a reasonable basis to believe the consumer has lawfully made available to the general public, or information an individual has not restricted to a specific audience.
Sensitive Data. Certain types of personal data that we collect, as described above, may constitute “sensitive data” under Utah law, including racial or ethnic origin, religious or philosophical beliefs, certain health data, and personal data collected and analyzed concerning sexual orientation.
b. How We Use Your Personal Data
We use the personal data we collect about you for all of the purposes outlined in Section 2 above.
When we collect sensitive data as described in Section 20(a) above, we do so for the following purposes:
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Systems, data security, prevent fraud, and to create and maintain a trusted and secure online environment
-
To protect ourselves, you, and others
-
Audit, compliance, legal, policy, procedure, and regulatory obligations
-
Internal business operations
-
With your consent as it relates to purposes related to your participation in Company programs
c. Sources of Personal Data
We may collect personal data about you from the categories of sources described in Section 15(c).
d. Whom We Disclose Personal Data To
We limit our disclosure of the categories of data above to our service providers for one or more business purposes. “Business purposes” means the use of personal data for purposes consistent with your reasonable expectations.
We may “sell” personal data with third party partners as part of targeted advertising initiatives. That sharing may constitute a “sale” under Utah law.
In the last 12 months (from the last updated date listed at the top of this Privacy Policy), we have “sold” the following categories of personal data:
-
Identifiers
-
Commercial information
-
Internet or other electronic network activity information
-
Audio, electronic, visual, or similar information
-
Geolocation data
-
Education information
-
Inferences
Please review the other disclosures in this Privacy Policy, including Sections 1-6 for more information about these practices, as well as your opt-out rights under Utah law as to that activity as described in Sections 20(e) below.
e. Your Utah Privacy Rights
If you are a Utah resident, you have the following rights described in Section 2 and the following additional rights under applicable Virginia law in relation to your personal data, subject to certain exceptions:
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Right to Opt-Out. You have the right to opt-out of targeted advertising and our sale of your personal data.
How to exercise your rights. You may exercise any of the rights described in this section by following the instructions in Section 15(b).
21. Virginia Privacy Notice
This Virginia Privacy Notice provides additional information regarding the personal information as defined in Section 2 about Virginia residents that we collect, how we use it, what sources it is derived from, and who we disclose it to, and provides information regarding to California residents’ rights, and our responsibilities, under the Virginia Consumer Data Protection Act (“VCDPA”), and other relevant Virginia laws and regulations.
The VCDPA provides Virginia residents with rights to receive certain rights to receive certain disclosures and access regarding collection, use, sale, and sharing of personal information, as well as rights to delete, correct, and affirmatively consent to the use, disclosure, and sale of certain personal information we collect about them. Additionally, Virginia residents have the right to opt-out of targeted advertising, sale of their personal data, and profiling. Virginia residents also have the right not to receive discriminatory treatment by us for the exercise of their privacy rights. This Virginia Privacy Notice does not apply to certain personal information that is already subject to certain federal and state regulation.
If you are a visually-impaired customer, a customer who has another disability or a customer who seeks support in other language, you may access your privacy rights by emailing us at merch@elevatehq.com.
a. Personal Data We Collect
We may collect, or have collected, the categories of personal data about you as described in Section 2. For purposes of this section, “publicly available information” means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.
Sensitive data. Certain types of personal data that we collect, as described above, may constitute “sensitive data” under Virginia law, including racial or ethnic origin, religious or philosophical beliefs, certain health data, and personal data collected and analyzed concerning sex life or sexual orientation.
b. .How We Use Your Personal Data
We use the personal data we collect about you for all of the purposes outlined in Section 2 above.
When we collect sensitive data as described in Section 21(a) above, we do so for the following purposes:
- Systems, data security, prevent fraud, and to create and maintain a trusted and secure online environment
- To protect ourselves, you, and others
- Audit, compliance, legal, policy, procedure, and regulatory obligations
- Internal business operations
- With your consent as it relates to purposes related to your participation in Company programs
c. Sources of Personal Data
We may collect personal data about you from the categories of sources described in Section 15(c).
d. Whom We Disclose Personal Data To
We limit our disclosure of the categories of data above to our service providers for one or more business purposes. “Business purposes” means the reasonably necessary and proportionate use of personal data, in a way that is adequate, relevant, and necessary for specific purposes described in this Privacy Policy, compatible with the nature and purpose(s) for the collection, use, and retention of the personal data.
We may “sell” personal data with third party partners as part of targeted advertising initiatives. That sharing may constitute a “sale” under Virginia law.
In the last 12 months (from the last updated date listed at the top of this Privacy Policy), we have “sold” the following categories of personal information:
-
Identifiers
-
Commercial information
-
Internet or other electronic network activity information
-
Audio, electronic, visual, or similar information
-
Geolocation data
-
Education information
-
Inferences
Please review the other disclosures in this Privacy Policy, including Sections 1-6 for more information about these practices, as well as your opt-out rights under Virginia law as to that activity as described in Sections 21(e) below.
e. Your Virginia Privacy Rights
If you are a Virginia resident, you have the following rights described in Section 2 and the following additional rights under applicable Virginia law in relation to your personal data, subject to certain exceptions:
-
Right to Opt-Out. You have the right to opt-out of targeted advertising, our sale of your personal data, and profiling decisions that could produce legal or similarly significant effects concerning the consumer.
-
Right to Provide Affirmative Consent. We cannot process your sensitive data or use your personal data for certain purposes without your affirmative consent.
How to exercise your rights. You may exercise any of the rights described in this section by following the instructions in Section 15(b).
If you wish to appeal our decision with regard to a request that you have previously made, please contact us using the information above or notify the Office of the Attorney General of Virginia by clicking here.
Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact Virginia’s Office of Attorney General by phone at (804) 786-2071, written correspondence to 202 North 9th Street, Richmond, Virginia 23219, or by accessing: https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.
22. Canadian Privacy Notice
a. Personal Information We Collect
For the purposes of this Canadian Privacy Notice, except where a different definition is noted, “personal information” means information about an identifiable individual. We may collect personal information from or about you as detailed in Section 2. Certain types of personal information that we collect may be considered sensitive information, which we will not process without your affirmative consent. This includes precise geolocation data and account log-in in combination with required credentials.
b. How We Collect Your Personal Information
We may collect personal information from you as detailed in Sections 1-6 and 16(c).
c. What We Do With Your Personal Information
We may collect, use, or disclose personal information about you for the purposes detailed in Section 2. This includes sharing your personal information with third parties for their own direct marketing purposes and for online behavioral advertising. This includes offering you marketing opportunities when you participate in certain programs as described in Sections 16(g) and 17(f).
d. Disclosure and Transfer of Your Information
We may disclose and transfer personal information from you as detailed in Sections 2 and 11.
e. Your Canadian Privacy Rights
Under Canadian law, you have the right to access, correct, and delete your personal information as well as the right to withdraw your consent in certain circumstances. In the event that you have already consented to the collection, use and/or disclosure of your personal data, you may subsequently “opt out” at any time, subject to legal or contractual restrictions and reasonable notice by referring to the information in Section 15(b).
If you are a parent or guardian and you believe that your child has provided us with information without your consent, please review Section 13 and contact us by email at merch@elevatehq.com or using any of the information in Section 15(b).
f. Data Retention Period
We will keep your personal information only as long as is reasonably necessary as detailed in Section 23.
g. Data Security
We use commercially reasonable administrative, technical, and physical safeguards appropriate to the risks and information sensitivity to help protect and secure your personal information as detailed in Section 12.
23. Data Retention
We will retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; (iii) whether there is a privacy right for which the personal information has been exercised (such as a request to delete); and (iv) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
24. Contact Us
Elevate Merch LLC
Attn: Copyright Agent
Address: 516 Byron Nelson Boulevard, Roanoke Texas 76262, United States
Email: merch@elevatehq.com