Privacy Policy
Privacy Policy
Introduction
The Elements.biz website is owned by Adam Breen (Sole trade registered in France under SIRET 508 257 276) and and operated by SAS elements.biz, Registered at the Greffe du Tribunal de Commerce de Chambery, France under SIRET: 91163268500010 (“elements.biz”/”we”/”us”).
This policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from), and where our relationship evolves beyond that website visit, and tell you about your privacy rights and how the law protects you (in accordance with the UK and EU General Data Protection Regulation).
Controller and Contact Details
Elements.biz is the controller and responsible for your personal data which it receives via the website or directly from you.
In some circumstances elements.biz is a subprocessor of your personal data, where you have entered into a contract with a freelancer on the elements.biz network (freelancers use the elements.biz infrastructure to carry out the service under their contract with you) and you provide personal data directly to them (in such circumstances this privacy policy won’t apply, rather the relationship is governed by our relationship with the freelancer as processor of your organisation’s data).
This privacy policy applies to both elements.biz and freelancers, where they are acting as controller of personal data.
You can contact us regarding this privacy policy at privacy@elements.biz.
You have the right to make a complaint at any time to the French supervisory authority for data protection issues (https://www.cnil.fr/). We would, however, appreciate the chance to deal with your concerns before you approach CNIL so please contact us in the first instance.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.
1. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you and your organisation, when you access the Elements.biz website and depending on your relationship with us. We may collect the following categories of information:
• Identity Data includes first name, maiden name, last name.
• Contact Data includes address, email address and telephone numbers.
• Professional Data, including your company name, title and role, your curriculum vitae and information about your career where you choose to submit this to us;
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Usage Data includes information about how you use our website and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
2. How is your personal data collected?
We use different methods to collect data from and about you including through:
• Direct interactions. You may give us your Identity, Contact and Professional Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• Make an enquiry;
• Enquire about working for or with us;
• subscribe to our service or publications;
• participate in an event which we have attended or organised;
• request marketing to be sent to you; or
• give us feedback or contact us.
• Automated technologies or interactions. As you interact with our website, we will collect Technical Data about your equipment, browsing actions and patterns as set out in our cookie policy.
• Third Parties such as recruitment agencies and/or previous employers/clients.
3. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent if we want to send you third party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.
Purpose/Activity: To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey, (c) deciding whether and how we may work together
Type of data: Identity, Contact, Professional, and Marketing and Communications
Lawful basis for processing including basis of legitimate interest: (a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated, to recruit staff and freelancers, and to study how customers and partners use our products/services)
Purpose/Activity: To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
Type of data: Identity, Contact, and Technical
Lawful basis for processing including basis of legitimate interest: (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
Purpose/Activity: To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
Type of data: Identity, Contact, Professional, Usage, Technical and Marketing and Communications
Lawful basis for processing including basis of legitimate interest: (a) Where we do this by the use of cookies, only with your consent.
(b) Necessary for our legitimate interests where we do this other than by way of cookies.
Purpose/Activity: To use data analytics to improve our website, products/services, marketing, customer and partner relationships and experiences
Type of data: Technical and Usage (a) Where we do this by the use of cookies, only with your consent.
(b) Necessary for our legitimate interests where we do this other than by way of cookies.
Purpose/Activity: To make suggestions and recommendations to you about goods or services that may be of interest to you
Type of data: Identity, Contact, Professional, Usage, Technical and Marketing and Communications
Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (to develop our products/services and grow our business)
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage, and Professional Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). We do not carry out automated individual decision making, including profiling. however.
You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
4. Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in the table above.
• Freelancers with whom you choose to work via the Elements.biz network.
• Third party service providers who perform a variety of services on our behalf in accordance with this policy (including cloud providers, CRM systems, marketing service providers, analytic providers, freelancers).
• Other third parties only with your consent. We may request your consent to share personal data with certain third parties so that they can provide you with special offers, promotional materials, and other materials that may be of interest to you.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
5. International transfers
Some of our external third parties listed above are based outside Europe so their processing of your personal data will involve a transfer of data outside the Europe.
Whenever we transfer your personal data out of Eruope, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
Where we use certain service providers, we may use Standard Contractual Clauses approved by the European Commission which give personal data the same protection it has in Europe.
6. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
7. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
8. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data – please see https://www.cnil.fr/fr/les-droits-pour-maitriser-vos-donnees-personnelles
If you wish to exercise any of the rights set out below, please contact us at privacy@elements.biz. You will not have to pay a fee to exercise any of these rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to exercise such rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
