ELEMENT ELECTRONICS PRIVACY POLICY

Last Updated April 1, 2021

Element Electronics Holdings, LLC and its subsidiaries and affiliates (“Element”) are committed to safeguarding your privacy while talking with our customer support center, using Element products, websites, or online applications that refer to or link to our Privacy Policy (collectively, our “Services”). We use this Privacy Policy to clearly disclose to you our privacy practices in a manner that is easy to understand. If there is something you do not understand about our privacy practices, please feel free to contact the Element Legal Department at legal@elementelectronics.com.

This Privacy Policy applies to all our Services, including our website located at www.elementelectronics.com (the “Website”). We may provide additional privacy supplements that describe our practices in connection with particular Services.  We may ask for additional consent from you for certain data processing activities. Please note that this Privacy Policy applies to your use of our products as well as to our customer support and web-based Services, regardless of the device you may use to access those Services, whether phone, tablet, computer, TV, or another device. This Privacy Policy does not apply to third party apps or other software that may be included on our devices (i.e. Netflix, Samba, Sling, Nielsen, Newsie, Roku, etc.). When using a third-party app or software included on our devices, you should consult the privacy policy for that app or software. Third party apps may collect and share viewer data in ways that are different from Element’s practices outlined in this Privacy Policy.

Please read this Privacy Policy carefully. When you use our Services, you consent to the practices we describe in this Privacy Policy and the included supplements. If you do not agree to the practices described in this Privacy Policy, you should not use our Services. Element Smart TVs that do not contain the Roku platform or any other third-party operating platform are subject to the Element Smart TV Privacy Supplement available here.

We may change this policy from time to time, so please check back often. If we significantly change our collection, use, or disclosure practices, we will attempt to send you notice via email if you have provided us with an email address. Please keep in mind that some of the Services mentioned specifically in this policy may not be available at this time.

What information does Element collect from you?

We collect information in several ways. Some of the information we collect is personal to you. Other information is anonymous. We collect the following categories of information:

  • A number of our Services enable users to create accounts or profiles. During registration, we will ask for certain information required to set up that profile.
  • When you contact us for warranty service or customer or technical support, we will collect contact information along with a description of your problem and any technical information necessary to help resolve the issue.
  • When you contact us via the company email address, enter a sweepstakes, or participate in surveys, we will collect your contact information and any other information you include in your communication.
  • When you participate in “Live Chat” on our Website, we collect your contact information and any other information you include in your discussions with us.
  • When you directly order a product or service from us, we ask for information relevant to the transaction, including information about the product or service ordered, your mailing address, phone number, email address, and payment information.
  • When you register your product on our Website, we collect your contact information along with model number, serial number, proof of purchase, date of purchase and retailer.
  • To customize our service for you, we and our partners may collect precise location data, including the real-time geographic location of your computer or device. This location data is collected anonymously in a form that does not personally identify you.
  • When you use the Services, visit and navigate our Website, use our applications or third-party sites, or open our emails, we may collect technical information including IP address, device identifier, log information such as time and duration of your use of the Services, and viewing information.

How do we collect information from you?

Direct Collection

We collect the information listed above directly from you when you submit it. If you do not want to share this information, you can choose not to participate in a particular service or activity.

Indirect Collection – Cookies and Other Technology

As part of offering and providing customizable and personalized services, many websites use cookies and other online tracking technologies to store and sometimes track information about you. We may use these technologies to:

  • Enable you to more easily use our web-based Services by remembering and using contact information, purchasing information, and registration information
  • Provide you with personalized content based on your use of our Website
  • Evaluate, monitor, and analyze the use of our web-based Services and its traffic patterns to help improve our web-based Services
  • Assist us with ad reporting functions, such as to learn which ads are bringing users to our Website

The types of technologies we may use include:

Cookies. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Cookies enable us to identify your browser as a unique user. Cookies may involve the transmission of information from us to you and from you to us. Cookies may also be used by another party on our behalf to transfer information to us in accordance with their privacy policy. Some cookies are “persistent cookies.” They are used by us each time you access our Website. Other cookies are called “session cookies.” Session cookies are used only during a specific browsing session. We may use a session cookie, for example, to remember that you have already navigated through a particular menu, or that you have entered in age information for a portion of a site that is restricted by age. We may also use “analytics cookies” that allow web analytics services to recognize your browser or device and, for example, identify whether you have visited our Website before, what you have previously viewed or clicked on, and how you found us. This information is provided anonymously for statistical analysis only. Analytics cookies are usually persistent cookies.

You may disable browser cookies in your browser or set your browser to warn you when a cookie is being sent. You may lose some features or functionality when you disable cookies.  See “How can I control my personal information?” below for further information on disabling specific cookies.

Remember, also, that disabling cookies is browser specific. If you log on using Google Chrome, you must also disable cookies in Safari if you use that browser at a different time.

Our Website utilizes Bazaarvoice, a user generated product review service provided by Bazaarvoice, Inc. (“Bazaarvoice”). Bazaarvoice collects non-personally identifiable data about when users who interact with the ratings/reviews service within the Website go on to make a purchase or take other specified actions within the Website. Bazaarvoice customizes the display of the Website based on what items users have submitted reviews, comments or other feedback against; remember when you were last asked a question, to avoid asking you the same question too many times; remember whether you have made a preference as to how you would like to view parts of the website (ie. mobile/full desktop); and identify anonymous users who rank content as “helpful” or who report “inappropriate content.” Bazaarvoice uses cookies and other tracking technologies to collect network data and link that data to the personal data of site visitors Bazaarvoice uses cookies to combine your data across multiple websites. Bazaarvoice may combine your data with data from other websites, mobile applications, and sources. To learn more, visit the Bazaarvoice Privacy Page which includes an OptOut button to opt-out of Bazaarvoice cookies.

Web Beacons. We also may employ a software technology called a clear GIF (Graphics Interchange Format), also known as a pixel tag or web beacon. A clear GIF is a line of code that we place on our Website or in emails allowing us to analyze our advertising and general usage patterns of visitors to our Website. These help us better manage content by informing us what content or promotions are effective. You may not disable web beacons.

Log Files. Like most standard website servers, we use log files. Log files track Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We utilize this information to analyze trends, administer the site, prevent fraud, track website navigation in the aggregate, and gather broad demographic information for aggregate use.

Flash Cookies. Flash cookies, also known as local shared objects, are used to store preferences such as video volume, or display content based on what you view using the Adobe Flash Player. Flash cookies are not stored through the browser. Advertisers and third-party service providers may use Flash cookies to collect and store information. Information about disabling Flash cookies may be found at www.adobe.com. If you disable Flash cookies, you may lose some features or functionality on our Website.

Anonymous or Non-Personal Information. We also collect certain anonymous or non-personal information. This is information that does not, without other information, allow direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose, consistent with the terms expressed in our policies. Examples of non-personal or anonymous information we collect, use and share include the IP address you use to connect your internet-connected product(s), your ZIP code, the online services you visit, as well as information about your Element product(s) such as MAC addresses, product model numbers, hardware and software versions, chipset IDs, and region and language settings. We also collect information about the products you request or purchase, and the number of users and frequency of use of Element products and services. Element also collects anonymous Information regarding customer activities on our Website and on internet-connected products and services including our Smart TVs.

Indirect Collection – Social Networking

Our Website and other Services may permit you to use a third-party social networking platform such as Facebook, Twitter, Instagram, YouTube and Vimeo. This includes use of social media plugins such as Facebook “Like” and Twitter “Tweet” buttons, etc. When you use these social networking platforms and plugins, your username and password for the available service or collected from you on these services may be shared with us. When you use social networking platforms and plugins, you share your information with them, and their privacy policy applies disclosure of such information. In addition, they may be able to collect information about you, including your activity, or may notify your connections on the social networking platform about your use of the Services. Such third-party social networking services may allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising. Please note that their own privacy polices apply and we encourage you to read them. We may add new social networking plugins and buttons to our Website from time to time.

How do we use your information?

Our main goal in collecting information is to improve our Services and provide you with the best possible experience.

We may use your information to:

  • Notify you of other products or services available from Element and our affiliates
  • Provide a service or feature you request
  • Enable you to participate in online transactions
  • Personalize online content so that it applies to you and your interests
  • Improve our Services
  • Compile, analyze, and do research on our users’ demographics and behavior
  • Detect, investigate and prevent activities that may violate our policies or be illegal
  • Provide maintenance services
  • Provide customer support for our products

We use and share location data to provide and improve our Services. We may combine information we collect from you and use it for purposes consistent with this Privacy Policy.

We use anonymous information for many reasons, including to determine how people use Element products and services and how they interact with our Services. This may include information about how users click on advertisements, download drivers and other files, or explore our products and Services online. We use this information to improve our products and Services.

With whom does Element share my information?

When you are using the Services and are asked for personal information, you are sharing that information with Element and our affiliates and service providers. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular Service.

Other websites to which we link may collect personally identifiable information about you when you visit those sites. The data privacy practices of other websites linked to our Website are not covered by this Privacy Policy.

We will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described in this Privacy Policy.

These are some of the ways that your information may be disclosed:

Service Providers

We occasionally hire other companies to perform services on our behalf, including packaging, delivering, or mailing, website or product development and operation, answering customer questions about products or services, sending postal mail or email, analyzing use of the Services, processing payments, providing investor information and processing data. We will only provide those companies the information they need to deliver the service, and they are contractually prohibited from using that information for any other reason.  For example, we use a third-party service, Zendesk, to process customer support tickets and SendGrid to transfer information to Zendesk. We use Hatch Marketing for e-commerce services on our website to enable customers to learn where they can buy our products.  We use RouteThis to enable our agents to provide WIFI related help to Smart TV customers.

Data in the Aggregate

We may disclose “blinded” aggregated data and user statistics to prospective partners and other third parties. Blinded data is data that does not identify an individual person.

Other

We also may disclose your information in special cases. For example, we may disclose information when we believe that we must do so to identify, contact or bring legal action against someone who may be violating our Website Terms of Use or Terms of Service, or may be causing injury to or interference with our rights or property, other website users or customers and their information, or anyone else who may be harmed by such activities. Element and our service providers may disclose, access, or monitor your personal information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our Services and our information security.

As we continue to develop our business, we may buy or sell businesses or assets. In such transactions, confidential customer information generally is one of the transferred business assets. In the event of a transaction involving the sale of some or all of Element’s businesses, customer and site visitor information along with information collected through Element devices and Services may be one of the transferred assets and may be disclosed in connection with negotiations relating to a proposed transaction. In such case, the transferred information may become subject to a different privacy policy.

How can I control my personal information?

You can make choices about whether to receive promotional communications from us, including emails and other updates, by following the unsubscribe instructions included in the communication. You can adjust your browser settings to refuse all or some cookies, as discussed above; please note that some Services may, in that case, be inaccessible or not function properly. You may also choose not to use various Services provided on our devices or on our Website. If you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of the Services, you should contact a representative of Element at the Element Legal Department at legal@elementelectronics.com.

You may opt-out of Google Analytics collection by downloading the browser plugin “Google Analytics Opt-out Browser Add-on” here.

You may opt-out of Bazaarvoice cookies by visiting the Bazaarvoice Privacy Page or through the National Advertising Initiative’s opt-out service here.   

How does Element protect financial-related information?

Keeping your personal financial information private is very important to us. Any user statistics that we may provide to prospective partners regarding financial matters are provided in the aggregate only and do not include any personally identifiable information about any individual user. While we don't typically sell directly to individuals, we will transfer your credit card number, bank account number or other personal information to the appropriate credit card company, bank or other relevant service provider if we enter into a payment transaction with you.

What security precautions are in place to protect against the loss, misuse, or alteration of my information?

We use encryption technology when you submit warranty registration information. You will know that we are using encryption technology when you see "https" in your browser or the padlock symbol. Remember to close your browser window when you have finished your work. This is to ensure that others cannot access your account by using your computer when you are away from it. Because information sent through the Internet travels from computer to computer throughout the world, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. Unfortunately, no data transmission over the Internet is 100% secure. Except as specifically stated, our web-based Services do not use security encryption measures. Information that you disclose by use of our web-based Services by posting a message or using email potentially could be collected and used by others (as with any site that is non-secure). This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our Services, and you do so at your own risk. Once we receive your transmission, we use commercially reasonable efforts to ensure its security on our systems.

What is Element’s practice with respect to the personal information of children?

We do not knowingly collect any personal information from children under the age of thirteen (13) without parental consent, unless permitted by law. If we learn that a child under the age of thirteen (13) has provided us with personal information, we will delete it in accordance with applicable law.

What else should I know about my privacy?

Please keep in mind that whenever you voluntarily disclose information online, that information may be accessible to other customers and users. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.

Your California Privacy Rights

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at the Element Legal Department at legal@elementelectronics.com.

Make sure to state that you are a California Resident.

Do Not Track

Do Not Track is a privacy preference that users can set in their web browsers. Because there is, at present, no clear standard as to how websites should respond to Do Not Track signals, Element currently does not take action in response to these signals.

CCPA

The California Civil Code Section 1798.100–199, known as the California Consumer Privacy Act of 2018 ("CCPA"), permits California residents to exercise specific rights associated with their personal information which we collect for business purposes. To make such a request, please send an email to legal@elementelectronics.com or call us at 1-888-842-3577. Please make sure to state that you are a California Resident. When validating a request, we may require additional information to verify your identity and determine the validity of such request for information in compliance with the CCPA.

Scope of Notice

This notice applies to personal information we collect about California residents both online and offline. It applies to California residents who are users of our websites; our customers; individuals inquiring about our products; and all other California residents from whom we collect personal information.

As defined in the CCPA, personal information includes any information that identifies, relates to, or could reasonably be linked to a California resident or household.  It includes, but is not limited to: identifiers, characteristics of protected classes, commercial information, biometrics, internet or electronic information, geolocation data, audio/visual or similar information, employment and educational information, and inferences drawn from any identifiable information. Personal information does not include publicly available information from a public government record.

This notice does not apply to information that is exempt from CCPA disclosure requirements. This includes personal information of individuals acting in their capacity as representatives of our clients, prospect clients, vendors, and other businesses that we conduct business with to the extent the information is collective with respect to a business-to-business transaction or business relationship. This disclosure also does not apply to individuals who are not California residents, any personal information exempted under Cal. Civ. Code Section 1798.145, or any other personal information not contemplated in the CCPA.

Rights of California Residents Under the CCPA

This Privacy Notice for California Residents supplements the information contained above in our general privacy policy and applies solely to all visitors, users, households and others who reside in the State of California.

Your Rights

The California Consumer Privacy Act ("CCPA") grants State of California residents the following rights, to:

  • Know what personal information is being collected about them;
  • Know whether their personal information is sold or disclosed and to whom;
  • Say no to the sale of their personal information;
  • Access their personal information;
  • Have their personal information deleted (subject to certain exceptions); and
  • Have the right to equal service and price, even if they exercise their privacy rights under this law.

Categories of Information Collected

We collect, use and disclose personal information for various business purposes described below. While collection practices vary depending on the business purpose, we collect and have collected the following categories of information over the past 12 months, as defined in the CCPA:

 

Identifiers (such as name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver’s license number, passport number, or similar identifiers)

Collected now or in the preceding 12 months?

Categories of Sources

Business or commercial purpose for which it will be used

Categories of third parties with whom personal information is shared
(see also “Who does Element share my personal information with?” section above)

We collect the above identifiers when you register your product for our warranty service or engage our technical support team.  However, we typically do not collect social security numbers, driver’s license numbers, or passport numbers from customers.

We also collect contact information when you use the "Live Chat" function on our Website.

Directly from individuals submitting information to us; certain information is automatically collected from website visitors; advertising and marketing partners; business report providers, employee-related service providers; affiliates.

Performing services and fulfilling orders; maintaining account information; providing customer service; processing warranty claims; verifying customer information; processing payments; providing advertising and marketing services; analytics; auditing related to customer interactions and transactions; security detection and enhancement; enhancing products and services.

Marketing and advertising service providers and vendors; security services; payment and chargeback processors; suppliers; analytics service providers; providers of customer service assistance, mailing and shipping services; government entities and law enforcement, if necessary; affiliates.

Financial, medical, or health information (such as insurance policy number, bank account number, credit card number, debit card number, or other financial information, medical information, or health insurance information)

Collected now or in the preceding 12 months?

Categories of Sources

Business or commercial purpose for which it will be used

Categories of third parties with whom personal information is shared

Element collects certain financial information for incidental payments such as those relating to warranty claims. We do not collect medical or health information from customers.

Directly from individuals submitting information to us; business report providers.

Performing support services and fulfilling warranty claims; accounting purposes.

Payment and charge back processors, financial reporting companies, or address verification providers.

Characteristics of protected classifications under California or federal law (such as such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status,
and military and veteran status)

Collected now or in the preceding 12 months?

Categories of Sources

Business or commercial purpose for which it will be used

Categories of third parties with whom personal information is shared

Not collected.

N/A

N/A

N/A

Commercial information (such as transaction history, products or services purchased, obtained, or considered, records of personal property, or other purchasing or consuming histories or tendencies)

Collected now or in the preceding 12 months?

Categories of Sources

Business or commercial purpose for which it will be used

Categories of third parties with whom personal information is shared

Commercial information relating to purchases is collected including model number, serial number, proof of purchase, date of purchase and retailer.

Directly from individuals submitting information to us; web browsers and devices; advertising and marketing partners.

Performing services and fulfilling orders; maintaining account information; warranty claims providing customer service; verifying customer information; providing advertising and marketing services; analytics; auditing related to customer interactions and transactions; security detection and enhancement; enhancing products and services.

Supplier sales and marketing representatives; payment processors' marketing and advertising service providers and vendors; analytics service providers; government entities and law enforcement, if necessary; affiliates.

Biometric information (physiological, biological or behavioral characteristics, including images, voice recordings, keystroke patterns)

Collected now or in the preceding 12 months?

Categories of Sources

Business or commercial purpose for which it will be used

Categories of third parties with whom personal information is shared

Element allows product inquires using voice requests; telephone calls may be recorded.

Directly from individuals submitting information to us.

Providing customer service; training purposes.

Employee-related service providers; technology service providers.

Internet or other electronic network activity information (such as browsing history, search history, and information regarding an interaction with a website, application, or advertisement.

Collected now or in the preceding 12 months?

Categories of Sources

Business or commercial purpose for which it will be used

Categories of third parties with whom personal information is shared

Element collects electronic identifiers such as IP address, log files, viewing information, cookies, website browsing and interaction activity, and other device or browser identifiers.

Web browsers and devices.

Performing services and fulfilling orders; maintaining account information; providing customer service; verifying customer information; providing advertising and marketing services; analytics; auditing related to customer interactions and transactions; security detection and enhancement; enhancing products and services.

Marketing and advertising service providers and vendors; security services; suppliers; analytics service providers; government entities and law enforcement, if necessary; employee-related service providers, affiliates.

Geolocation

Collected now or in the preceding 12 months?

Categories of Sources

Business or commercial purpose for which it will be used

Categories of third parties with whom personal information is shared

Element collects location information for your device.  It is collected anonymously in a form that does not personally identify you.

Web browsers and devices.

Verifying customer information; fraud detection, security detection and enhancement; enhancing products and services; providing users with access to TV channels available in their geographic area.

Marketing and advertising service providers and vendors; security services.

Audio, electronic, visual, thermal, olfactory, or similar information

Collected now or in the preceding 12 months?

Categories of Sources

Business or commercial purpose for which it will be used

Categories of third parties with whom personal information is shared

Element allows product inquires using voice requests; telephone calls may be recorded.

Some models of Smart TV's collect voice recognition data.

Directly from individuals submitting information to us.

Performing services; providing customer service; providing advertising and marketing services; analytics; auditing related to customer interactions and transactions; security detection and enhancement; enhancing products and services; assisting with accessibility and device navigation.

Marketing and advertising service providers and vendors; security services; employee-related service providers; affiliates.

Professional and employment-related information

Collected now or in the preceding 12 months?

Categories of Sources

Business or commercial purpose for which it will be used

Categories of third parties with whom personal information is shared

Not collected.

N/A

N/A

N/A

Educational information

Collected now or in the preceding 12 months?

Categories of Sources

Business or commercial purpose for which it will be used

Categories of third parties with whom personal information is shared

Not collected.

N/A

N/A

N/A

Inferences drawn from any information identified above (such as to create a profile about preferences, characteristics, trends, predispositions, behavior, or attitudes)

Collected now or in the preceding 12 months?

Categories of Sources

Business or commercial purpose for which it will be used

Categories of third parties with whom personal information is shared

Element collects and analyzes preferences, behavior, and trends to create a customer profile and provide product suggestions to improve online customer experiences.

Analytics conducted internally and by service providers.

Performing services to improve the customer experience; maintaining account information; providing customer service; verifying customer information; auditing related customer and employee interactions and transactions; analytics; security detection and enhancement; product and service enhancement.

Marketing and advertising service providers and vendors; security services; suppliers; affiliates.

 

Exceptions to our Disclosure Limitations

We also may disclose your information in special cases related to our legal obligations and to protect from the misuse of our websites. We may share your personal information in regard to legal proceedings if stemming from a violation of our Terms of Use or causing injury to us, our property, our website, our clients or others. We may disclose visitor information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding, for government investigations, with government agencies if required by law, and when we otherwise believe in good faith that any applicable law requires it.

How We Retain and Store Your Personal Information

We retain your personal information for as long as necessary to fulfill the purpose(s) for which we collected it and to comply with applicable laws.  We use reasonable security precautions to protect your information while in storage including Payment Card Industry Data Security Standard protocols described above for payment transactions.

Requests to Know

  • You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

Requests to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1.  Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise performing our contract with you.  This includes fulfilling a warranty request.

2.  Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3.  Debug online services to identify and repair errors that impair existing intended functionality.

4.  Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

5.  Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

6.  Comply with a legal obligation.

7.  Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

How to Submit a Request to Know or a Request to Delete

To request this information please submit a verifiable consumer request to us by either:

•Calling us at 1-888-842-3577 or

•Emailing us at legal@elementelectronics.com and asking for a Consumer Request Form

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, email us at legal@elementelectronics.com and we will provide you with a form to make a designated agent request. Please do not send us any sensitive personal information using email. Email transmissions are not secure.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We will try to respond to your request within forty-five (45) days of when we receive it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. 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.

We do not process privacy requests sent to us using third-party services.  This is because such services often request that we click on hyperlinks which we will not do for data security reasons.  These services are also susceptible to spoofing and other phishing attacks.  One of our highest priorities is to treat your information safely and securely.  If you live in a state that permits you to make a privacy request using a third-party agent, please have them contact us using the information above and we will take steps to identify them and ensure that they are your agent.

An amendment to the CCPA provides an exemption to the Right to Know and Right to Delete for personal information between a business and a person who is acting as an employee, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit, or government where the information is used in the context of a business transaction.  This exemption is currently set to expire on January 1, 2023.  Until that date, we will not respond to requests to know or delete that meet this exemption.   

How to Submit an Opt-Out Request

We do not sell your personal information to third parties for money or other consideration.  If we change that practice in the future, we will add a mechanism to enable you to opt-out of such sharing.    

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Your Nevada Privacy Rights

Nevada law (SB 220), permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information to third parties for monetary consideration so these third parties can then re-sell or license the sold information. Element does not sell your personal information to third parties as defined in Nevada law. If you are a Nevada resident and wish to opt-out of the sale of your personal information should we change our practices in the future, you must send a request by e-mail at legal@elementelectronics.com.  Make sure to state that you are a Nevada resident.

Who do users contact with questions or concerns about our Privacy Policy?

If you need further assistance, please send an email with your questions or comments to the Element Legal Department at legal@elementelectronics.com, call us 888-842-3577 or write us at:

Element Electronics
Privacy Request
Attn:  Legal Department
6423 City W Pkwy, Eden Prairie, MN 55344

 

ELEMENT SMART TV PRIVACY SUPPLEMENT

Element Smart TVs that do not contain the Roku platform or any other third-party operating platform include features that provide enhanced video content, apps, movies, and social networking features. Some models include the ability to control your Smart TV and related apps using voice commands. The Privacy Policy applies to our Smart TVs. This Supplement addresses additional Smart TV features and how we collect, use, share and store information.

What data is collected by Element Smart TVs and how is it used?

Element Smart TVs contain software features that are designed to make finding TV programming and other content easy for you, the user. Our online guides enable you to access information about content from your satellite or cable provider along with other features like on-demand programming.

We may use your zip code or other geolocation data to let you know what television programs and other content may be available in your area. Element Smart TVs may also use information you provide to help you find and experience our content that is likely to interest you. We may also offer additional services to create an enhanced viewer experience. Information we collect may include:

  • Viewing information such as information about content that you have watched, purchased, downloaded, or streamed through applications on your Smart TV or other devices;
  • Information about applications and other third-party software you have accessed through the Smart TV;
  • Information about your clicks on the “Like,” “Dislike,” “Watch Now,” and other buttons on your Smart TV;
  • Terms that you enter into Smart TV to search for programming and other content;
  • Other Smart TV usage and device information, including, but not limited to, IP address, information stored in cookies and similar technologies, information that identifies your hardware or software configuration, browser information, and the page(s) you request.

How can I opt-out of data collection on my Element Smart TV?

Your Element Smart TV or the apps contained on your Element Smart TV may contain settings that allow you to disable certain features on your Smart TV. If you disable features such as viewing recommendations, displayed content will not be targeted to your preferences. Disabling features applies to the particular feature and not to other usage information described elsewhere in this Privacy Policy.

Smart Support

Some Element Smart TVs are equipped with smart support features. This allows for remote support to be conducted live by a support technician over the internet using the TV’s system interface. By using smart support, you will be sharing your viewing environment and other data with the technician. Some of this data may be stored for support purposes. It will not be used for purposes other than support.

Usage Data

Element Smart TVs may collect usage data such as power events, audio events, unique device ID, app activity, device location, TV input activity, clickstream activity, HDMI device info, tuner activity, device settings and other such usage information (“Usage Information”). Element uses Usage Information for analytics and to provide customer support to you features to you. Element may share Usage Information with its business partners on a de-identified basis although it may be combined with geolocation data.

Third Party Apps and Features

Third party advertisers may use web beacons, watermarks, and other such technologies in their ads in order to collect information about users who view their ads. These technologies may also interface with cookies, device identifiers, and other tracking devices. Some of these companies participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Please visit the websites operated by the Network Advertising Initiative “http://networkadvertising.org” and Digital Advertising Alliance “http://www.aboutads.info/” to learn more.

In addition, when you access apps or content provided by a third party (such as Netflix, Nielsen, Samba, Sling, Newsie, Roku), that provider may collect or receive information about your Smart TV (e.g., its IP address and device identifiers), the requested transaction (e.g., your request to buy or rent a movie or other content), and your use of the application or service. Element is not responsible for these providers’ privacy or security practices. You should review the privacy policies of these third-party services and exercise caution in using third party apps, websites, and services through the device.

PSID

Your viewing history and Smart TV usage information for the purposes of providing interest-based marketing may be linked to a randomized, non-persistent and resettable device identifier called the Personalized Service ID or “PSID”.

You may reset your PSID at any time by visiting the settings menu on your Smart TV, and once reset your viewing history and Smart TV usage information with respect to interest-based marketing will be cleared and de-linked. However, if you reset your PSID, the quality of customized and interest-based advertisements may not be fine-tuned.

Voice Recognition

Some models of Element Smart TVs, such as the Element Fire TV Edition televisions enable you to control the device using your voice (“Voice Recognition”). To provide you the Voice Recognition feature, some interactive voice commands may be transmitted (along with information about your device, including device identifiers) to a third-party service provider that converts your interactive voice commands to text to the extent necessary to provide the Voice Recognition features to you. Voice commands are only sent when clicking the microphone button on the remote control and you are signed into a third-party Voice Recognition services account. In addition, Element and third-party providers of the Voice Recognition services may collect, and your device may capture, voice commands and associated texts so that we can provide you with Voice Recognition features and evaluate and improve the features. Element will collect your interactive voice commands only when you make a specific search request to the Smart TV by clicking the activation button either on the remote control or on your screen and speaking into the microphone on the remote control. Although Voice Recognition may not be disabled, you may elect not to use Voice Recognition by not clicking on the activation button. Third party services such as Amazon, Android, and Roku will collect Voice Recognition data, and such data will be governed by the privacy policies of such third parties.