Table of contents

ELAMANT INTERNATIONAL, LLC 

  

(“ELAMANT”) 

  

Privacy Policy 

v5.0 

  

Effective Date:  May 10th, 2021 

 

1.0    PURPOSE 

The purpose of this Privacy Policy is to describe how Elamant International, LLC and its affiliates (collectively “Company,” “us,” “we,” or “our”) collect, use, and share information about you through our Platform (website https://Elamant.com and mobile applications, collectively referred to herein as the “Platform”). Please read this notice carefully to understand what we do collect and the purpose and intent of our collection of that information. If you do not understand any aspect of our Privacy Policy, please feel free to contact us by sending an email to compliance@elamant.com. Your use of our Platform is also governed by our other policies, including Elamant’s Terms of Use. 

 

This Privacy Policy covers information we collect from you through your use of our Platform. Some Platform features may be used without revealing any personal information; however, for our benefits or services, which are exclusive to our members, personal information is required. If you do not use these membership benefits or services, general information which is not personally identifiable to you (“General Information”) is all we will collect. However, taccess exclusive member features and services on our Platform, you will need to complete the enrollment form, pay for a membership, and submit “Personal Information,” which is personally identifiable to you. Personal information may include your name, national identification or passport number, telephone number, and email address, amongst other details. You are responsible for ensuring the accuracy of the Personal Information you submit to the Company. Inaccurate information may affect your ability to use the Platform, the status and features of your membership, and our ability to contact you. 

 

By submitting any Personal Information to us, you knowingly and voluntarily agree and consent to allow us to collect, use, and at times disclose such Personal Information in accordance with this Privacy Policy and all of our other policies, including the Policies & Procedures and Terms of Useand, as permitted or required by law, for research, monetization, advertising, and enhancing the PlatformIf you do not agree with these terms, please do not provide any Personal Information to us. If you refuse or withdraw your consent or choose not to provide us with any required Personal Information, you understand that you will not participate in our membership program or have access to any membership benefits or services. 

 

Through participation in our membership program and using our Platform, you understand that the Company collects, with the intent to sell, your data, including General Information and Personal Information (“Member Data”), to future partners and other third parties. As such, you consent to the use of Member Data for, among other things, market research, marketing, advertising, product development, recruitment, and any other lawful purposes related to the business of the Company. 

 

2.0   WHAT WE COLLECT  

 

2.1   General Information   

We may track, collect, aggregate, and disseminate General Information indicating, among other things, which parts of our Platform were visited, the order, time, and which links were accessed. Collecting such information may include capturing the IP address, operating system, and browser software used by each Platform user. Although such information is generally not considered to be Personal Information, we may determine from an IP address the Internet Service Provider and the geographic location. We also may use cookies and web beacons to help us define and identify repeat visitors, the length of time spent at any particular area, and the specific functionalities or services used. This process allows us to provide you with a better and more personalized user experience. We may update or include additional market standards and methods of data collection from time to time. You are always free to control how cookies are accepted by your web browser; however, certain items may not function correctly if all data collection methods are rejected. We may use Google Analytics or other third-party services to collect or analyze General Information. 

 

2.2   Personal Information 

We collect Personal Information that you provide to us when enrolling into our membership, update or change your information, complete educational courses, sign-up for email updates, send us email messages, or participate in other services on or within our Platform. We may use the Personal Information that you provide to respond to your questions, to provide you the specific products and services you select, to send you updates, and to send email correspondence about Platform maintenance or updates. We also may use all Member Data, including Personal Information, in operating our business, which you hereby knowingly and voluntarily consent to and expressly authorize us to do. 

 

3.0   HOW WE USE YOUR INFORMATION 

 

3.1   General Information 

We use General Information to better customize our services by performing statistical analyses of the collective characteristics and behavior of our users and by measuring demographics and interests regarding specific areas of our Platform. We may also General Information it for other business purposes. 

 

3.2   Personal Information   

Except as set forth in this Privacy Policy and in other policies, including Terms of Use and Policy & Procedures, the Company will not disclose any Personal Information we gather from you on the Platform including, but not limited to, Government ID or Passport information, Phone numbers, or email addresses. In addition to the other uses set forth in this Privacy Policy, we may disclose and otherwise use Personal Information for other business purposes. For example, wmay also use it for research and business purposes, including improving and customizing the Platform and improving the benefits of the educational products and services we offer, and you knowingly and voluntarily consent to and expressly authorize us to do so. 

 

3.3   ThirdParty Websites 

For the benefit of our users and members, we may provide links to external sites operated by third parties to offer you (and our other uses and members) benefits and services that may be of interest. We do not endorse and are not responsible for the activities of these third parties or the external sites in which they operate. By choosing to leave our Platform and access an external third-party site, you agree to hold the Company harmless from and against any and all activities of that site, and recommend that you thoroughly review the privacy and other policies posted on such site to understand their data collection policies. 

 

3.4   Tracking Technologies 

We and our marketing partners, affiliates, or analytics or service providers, use technologies such as cookies, beacons, tags, scripts, and other similar technologies to analyze trends, administer the website, tracking users’ movements around the website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

We use cookies to remember users’ settings (e.g. language preference) for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited. 

 

As is true of many websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do not link this automatically collected data to other information we collect about you. 

 

4.0   PURPOSES FOR WHICH WE PROCESS PERSONAL INFORMATION WE COLLECT AND CORRESPONDENT LEGAL BASIS 

 

We collect and process Personal Information for a variety of purposes, including: 

 4.1   Purposes 

          • Send you an order confirmation. 
          • Administer your account. 
          • To provide the Platform services and personalize your experience. 
          • To respond to training requests. 
          • To respond to customer service requests. 

 4.2    Legal Basis 

The processing of your personal data is necessary to perform our contract with you under applicable terms of use/service; where we have not entered into a contract with you we base the processing of your personal data on our legitimate interest to operate and administer our Platform and to provide you with content you access and request. 

 4.3   Purposes 

          • To communicate with you about the Platform. 
          • To display content based upon your interests. 
          • To send you newsletters. 
          • To send you marketing communications. 

 4.4   Legal Basis 

We base the processing of your personal data on our legitimate interest in and need to conduct direct marketing and to the extent you have provided your prior consent. 

 4.5   Purposes 

For research and development to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Platform. 

 4.6   Legal Basis 

We base the processing of your personal data on our legitimate interest in developing and improving the service offerings, or where we seek your valid consent. 

 4.7   Purposes 

For customer support to resolve technical issues, to respond to requests for assistance, to analyze crash information, and to repair and improve the Services. 

 4.8   Legal Basis 

We process your personal data to perform our contract with you under applicable terms of use/service and, to the extent it is necessary, for our legitimate interest in fulfilling your requests and communicating with you. 

 4.9  Purposes 

For safety and security to verify accounts and activity, to monitor suspicious or fraudulent activity, and to identify and address violations of Platform policies. 

 4.10  Legal Basis 

We process your personal data to the extent it is necessary for our legitimate interest in promoting the safety and security of the Platform and in protecting our rights and the rights of others. 

4.11  Purposes 

          • Complying with applicable legal obligations. 
          • To protect our legitimate business interests and legal rights. 

4.10  Legal Basis 

We process your personal data when cooperating with public and government authorities, courts or regulators in accordance with legal obligations imposed upon us under applicable laws to the extent this requires the processing or disclosure of personal data to protect our rights or as otherwise necessary for our legitimate interest in protecting against misuse or abuse of our Platform, protecting personal property or safety, pursuing remedies available to us and limiting our damages, and complying with judicial proceedings, court orders or legal processes or to respond to lawful requests 

 

5.0   OPT-OUT PREFERENCES 

If you no longer want to receive marketing-related emails from us, you may choose to opt out of receiving such emails by clicking the “unsubscribe” link at the bottom of any marketing email you receive from us.  If you are having difficulty unsubscribing from our marketing emails using the above methods, please contact us directly at the email compliance@elamant.com. 

 

6.0   EXERCISING YOUR RIGHTS 

You have the right to amend or update any inaccurate or incomplete personal information, to request deletion of your personal information, or to request that we no longer use it. You may submit a request for access (i.e. request information on personal data collected, used, disclosed or processed by Elamant), as well as a request for integration, rectification, or erasure, or object to our processing of your personal data. Upon request, Elamant will provide you with information about whether we hold any of your personal information. Furthermore, you may also be able to exercise the following rights to restrict processing, data portability, and/or lodge a complaint with a data protection authority. 

 

In particular, you have the right to object and withdraw your consent, in whole or in part, to the collection, use, disclosure or processing of your personal data for purposes of dispatch of advertising material, direct selling or for the fulfillment of marketing surveys or commercial communication (e-mail). 

 

If you prefer that the processing of your personal data be carried out solely by means of traditional contact methods, you may object to the processing of your personal data by means of automated contact methods. 

 

In order to exercise your rights above and/or to submit inquiries or complaints with regard to our processing of your personal data, you may send a request to Elamant by writing to this email address compliance@elamant.com. We will, whenever practicable, respond to your request within thirty (30) days. 

 

7.0   CORRECTING PERSONAL INFORMATION 

Please review your Personal Information to ensure that it is correct. If any of your Personal Information is incorrect, please either correct it or contact us with the correction. You may log into your account at any time and access, update, or confirm your Personal Information at any time. You may also contact support@elamant.com for support if you have any questions. We will do our best to answer promptly and resolve your issues. However, please note that historical information may remain on our database and other records, which may or may not contain your Personal Information. Please note that we are not responsible for the accuracy of the Personal Information that you provide. If you update the incorrect information, it may cause issues with your use of our Platform, recovery of account, or your participation in our membership program. 

 

8.0   DATA SECURITY POLICY 

Maintaining the confidentiality and security of our Member Data is of the utmost importance to our Company. We will take all reasonable steps to ensure to use industrystandard security measures to keep your Personal Information confidential and secure and only share it in accordance with this Privacy Policy and our other policies, including the Terms of Use and Policies & Procedures. However, because it is impossible to provide a secure environment on the Internet, we cannot guarantee the security of your Personal Information, and there is some risk that an unauthorized third party may maliciously and illegally access your Personal Information. We will take all reasonably appropriate measures to resolve any such issues and take all reasonable precautions to ensure the security of your Personal Information. However, it is also your own responsibility to protect your login information. It is important to note that emails, WeChat or WhatsApp messages, SMS, Messenger, or any other forms of communication you send to us through the Platform are NOT encrypted. 

 

9.0   HOW LONG WE KEEP INFORMATION 

How long we keep the information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible. 

 

9.1   ACCOUNT INFORMATION

We retain your account information for as long as your account is active and for a reasonable period thereafter in case you decide to re-activate the Platform. We also retain some of your information as necessary to comply with applicable legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Platform. Where we retain information for Platform improvement and development, we take reasonable steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Platform, not to specifically analyze personal characteristics about you. 

 

9.2   Marketing Information 

If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Platform, such as when you last opened an email from us or ceased using your Elamant account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created. 

 

10.0  INTERNATIONAL DATA TRANSFER 

The Company’s Platform, including websites directed to residents in countries and jurisdictions outside of the United States, are operated and managed on servers located and operated within the United States and South Africa. By using and accessing our Platform, residents and citizens of countries and jurisdictions outside of the United States knowingly and voluntarily agree and consent to the transfer to and the processing of personal information on servers located both in the United States and South Africa, and that the protection of such information may be different than that required under the laws of your residence or business location. 

 

11.0  TREATMENT OF MINORS 

The Company strongly believes in protecting the privacy of minors. As such, we do not allow the use of, or knowingly collect or maintain any Personal Information on our Platform or participation in our membership program from anyone less than 18 years of age, and no part of our Platform or membership is directed to persons less than 18 years of age. We will take appropriate steps to delete any Personal Information of persons less than 18 years of age that has been inadvertently collected on our Platform upon learning of the existence of such Personal Information. 

 

12.0  GDPR 
12.1  Affected rights for European Union website visitors via GDPR 

In connection with the data processing presented here, you have the right to: 

        • Request information about your personal data processed by us.  In particular, you can request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right to rectification, deletion, limitation of processing or opposition, the existence of the right to complain, the source of their data (if not collected from us) and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details; 
        • Demand the correction of incorrect or complete personal data stored with us; 
        • Demand the deletion of your personal data stored by us, unless the processing for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest, or for the assertion, exercise, or defense of legal claims is required; 
        • Demand the restriction of the processing of your personal data. Dispute the accuracy of the data that the processing is unlawful or whether we continue to need the data. You can exercise defense of your legal claims where you have objected to the data processing in accordance with Art. 21 GDPR; 
        • Receive your personal data provided to us in a structured, standard, and machine-readable format or to request transmission to another person responsible; 
        • Revoke your oncegiven consent to us at any time.  As a result, we will not be permitted to continue the data processing based on this consent revocation. 
        • Contact the supervisory authority of your usual place of residence or workplace. 

 

12.2  Withdrawal and Rights Under GDPR 

You have the right to object to the processing of your personal data provided that there are reasons for this arising from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right of objection, which is implemented by us without specifying any particular situation. 

 

You also have the right to revoke a consent once given to us at any time.  As a result, we will not continue the data processing based on this once-given consent for the future.  By the revocation of the consent, the legality of the processing on the basis of the consent until the revocation is not affected. If you would like to exercise your right to revocation or objection, please send an email to compliance@elamant.com. 

 

If you have any questions about this Policy, the practices of the site, your dealings with the site, or wish to update us with your preferences, you may contact us using one of the following methods: compliance@elamant.com or support@elamant.com 

 

We may revise this Privacy Policy from time to time. The most current version of the Policy will govern our use of your information. By continuing to access our website or use of the Services, you agree to be bound by the revised Privacy Policy. 

 

13.0  CHANGES TO THE PRIVACY POLICY 

We reserve the right to amend all or part of our Privacy Policy and Statements from time to time. The version published on the Sites is the version currently in force. Changes to our Privacy Policy and Statements are communicated by placing a notice on the Sites stating “Revised Privacy Statement(s).” Changes to our Privacy Policy and Statements will be effective immediately once published on the Sites unless otherwise noted. Your use of the Sites following any amendments indicates your consent to the practices described in the revised Privacy Policy and Statements. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We invite you to periodically review our Privacy Policy and Statements to be informed of any relevant changes, especially before providing any data to us. Be sure to regularly check your account to ensure you are familiar with the most current policies of the Company. 

 

Click “I Agree” for Your Signature 

As noted above, by clicking “I agree” you will be signing this Agreement with a binding electronic signature, and you acknowledge that you have read and understood this Agreement’s terms and conditions and have had the opportunity to confer with an attorney of your choosing about this Agreement’s terms and conditions prior to clicking “I agree”.