The term "Element," "we," and "us" includes Element, Inc. and our affiliates and subsidiaries. This Privacy Policy explains how Element may:
information we obtain through the "Service."
“Consent” means any freely given, specific, informed and unambiguous indication of the Data Subject's wishes by which he or she, through a statement or a clear affirmative action, signifies agreement to the processing of Personal Information relating to him or her.
“Data Subject” means any person, who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. The "Service" means any website, mobile application, or Internet service under the control of Element, Inc., whether partial or otherwise, in connection with providing Element's authentication services. Element provides its customers with services and tools to help them monitor and authenticate the time, location and personal identity of workforce activity, such as clocking in and out for time and attendance purposes.
"Personal Information/data" means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, phone number, or biometrics scans. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual. Personal Information can be used to readily identify, contact, or locate you.
“NDPR” means the Nigeria Data Protection Regulation, 2019
“Sensitive Personal Data” means data relating to religious or other beliefs, sexual orientation, health, race, ethnicity, political views, trades union membership, criminal records or any other sensitive personal information.
“Users” means you and all Users of Element's service.
The Service Collects Your Information
We may process your Personal Data to communicate with you, receive or collect information from you, provide you with further information about our products, services and how we can serve you better, respond to your requests, process your application for employment with us or to fulfil our contractual obligations with you. We may also process your Personal Data to comply with provisions of applicable laws.
We collect Personal Information when you:
We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Service.
You may visit the websites of Element without revealing any Personal Information.
Account Information. Only registered individuals may use the Service. You may provide us with information, including Personal Information, to create your account. This account information may include your first and last name, email address, and telephone number. You may also provide other optional information.
Biometrics Scan Photographs. To provide the Service, we may collect and store photographs of your biometrics (“biometrics scans”) on our servers and temporarily on your device. Biometrics scans are deleted from your device after they are successfully transferred to our servers through the device’s wireless or Internet connection or when the app is deleted from the device. We take security measures, such as encryption, in an effort to protect biometrics scans from unauthorized access.
Location Information from Your Mobile Device. We collect and store your geo-location information when you use the Service to authenticate for the purposes of time and attendance or other actions.
Making Payments. We use third parties to process any payments made to use the Service. We do not store payment information, but our payment processors may provide us with information about the transaction, such as the date of payment.
Using the Service. We collect information you post through the Service. For example, when use the Service to authenticate you may be able to post notes or other information along with the authentication information, the Service will collect the information you provide in such submissions, including any Personal Information.
Customer Support. We may collect Personal Information through your communications with our customer-support team regarding your account.
Cookies, Automatic Data Collection, and Related Technologies. The Service collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.
When you use the Service, we and our third-party service providers, such as analytics providers, use “cookies” and other similar technologies to collect information about how the Service is used.
By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.
This Policy applies to all Data Subjects, Users, customers as well as to any external business partners (such as suppliers, contractors, vendors and other service providers) who receive, send, collect, access, or process Personal Information in any way on behalf of Element, including processing wholly or partly by automated means. This Policy also applies to Third Party Data Processors who process Personal Information received from Element.
How Element Uses Your Information
Element is committed to maintaining the principles in the NDPR regarding the processing of Personal Information.
We use Personal Information to:
We may use aggregate information for purposes identified in the appropriate End User License Agreement provided to you and for which Consent has been obtained.
Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate the Service. We may use and retain any data we collect to provide and improve our services.
Communications. We may send email to the email address associated with your account, and push notifications to your mobile device if they are enabled, for several reasons: to allow you to access and download the mobile application; to verify your account; and for informational and operational purposes, such as account management, customer service, or system maintenance.
Aggregate Data. We may anonymize and aggregate data collected through the Service and use it for any purpose.
Consent
Where processing of Personal Data is based on consent, we shall obtain the requisite consent at the time of collection of the Personal Data. In this regard, you consent to the processing of your Personal Data when you access our platforms, or use our services, content, features, technologies, or functions offered on our website or other digital platforms owned by us. You can withdraw your consent at any time, but such withdrawal will not affect the lawfulness of processing based on consent given prior to the withdrawal.
ELEMENT May Disclose Your Information
We may share your information:
We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Service.
Biometrics Scans. We will not share biometrics scans with others, except as described in this Privacy Policy.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose collected information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect your, our, or others' rights, property, or safety.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of Element assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.
We may also disclose your Personal Information with your permission.
Data Retention and Disposal
We retain collected information, including Personal Information and biometrics scans, as long as necessary to provide the Service and to develop and improve our services, as required by our customer agreements, in line with legislative and regulatory guidelines. Element shall perform routine reviews of the data retained to confirm the accuracy, purpose, validity, and requirement to retain.
Biometrics scans are deleted from your device after they are successfully transferred to our servers through the device’s wireless or Internet connection and when the app is deleted from the device.
We will permanently destroy biometrics scans on our servers when they are no longer useful for purposes described in this Privacy Policy.
Thirty Party Processor within Nigeria
Element may engage the services of third parties in order to process the Personal Data of Data Subjects collected by the Company subject to appropriate data security and protection. The processing by such third parties shall where necessary, be governed by a written contract with Element to ensure adequate protection and security measures are put in place by the third party for the protection of Personal Data in accordance with the terms of this Policy and the NDPR.
Transfer of Personal Information to a Foreign Country
Where Personal Information is to be transferred to a country outside Nigeria, Element shall put adequate measures in place to ensure the security of such Personal Information. In particular, Element shall, among other things, conduct a detailed assessment of whether the recipient country is on the National Information Technology Development Agency (NITDA) Whitelist of Countries with adequate data protection laws.
For countries outside the Whitelist, transfer of Personal Data out of Nigeria would be in accordance with the provisions of the NDPR. Element will therefore only transfer Personal Data out of Nigeria on one of the following conditions:
Element will take all necessary steps to ensure that the Personal Data is transmitted in a safe and secure manner. Details of the protection given to your information when it is transferred outside Nigeria shall be provided to you upon request.
Information Security
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.
By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. We will take steps to notify you where there has been a breach of your personal information, where the breach will likely result in high risks to your freedoms and rights.
You may have a legal right to receive this notice in writing. To request to receive free written notice of a security breach (or to request to withdraw your consent from receiving electronic notice), please notify us at security@discoverelement.com.
Data Breach Management Procedure
Element will make every effort to keep your Personal Data secure and immediately deal with all incidents concerning Personal Data or privacy practices leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored, or otherwise processed. In this regard:
All external business partners and customers must inform Element, immediately about cases of violations of this Policy or other regulations on the protection of Personal Data, in accordance with Element's Collection of Data Agreement in respect of any:
Children's Privacy
We do not knowingly collect information from children under 13. We will take steps to delete it if we learn we have collected it.
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Service is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at privacy@discoverelement.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child's account.
Your Rights
Element collects Personal Data only for the purposes identified in this Policy and such information cannot be reused for another purpose that is incompatible with the original purpose.
You can exercise the following rights with respect to your Personal Data with Element:
International Users
By using the Service, you will transfer data to the United States.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy.
UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION
If you would like to update or correct any information that you have provided to us through your use of the Service or otherwise, or if you have suggestions for improving this Privacy Policy, please send an email to admin@discoverelement.com.
CHANGES TO OUR PRIVACY POLICY AND PRACTICES
We may revise this Privacy Policy, so review it periodically.
Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.
New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.
Contact Information
Element, Inc.
228 Park Avenue South, #85931
New York, NY 10003 USA
info@discoverelement.com