Privacy Policy

Effective Date: June 18th, 2015

Last Updated Date: June 18th, 2015

This Privacy Policy is incorporated by reference into the Element Terms of Use.  The term "Element," "we," and "us" includes Element, Inc. and our affiliates and subsidiaries.  The Privacy Policy explains how Element may:

  • collect,
  • use, and
  • disclose

information we obtain through the "Service."

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" can be used to readily identify, contact, or locate you.

"Personal Information" 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 palm 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.

The Service Collects Your Information

We collect Personal Information when you:
  • or your employer provides us account information about you;
  • use the Service; and
  • communicate with us.

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 or your employer 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.

Palm Scan Photographs.  To provide the Service, we may collect and store photographs of your palm print ("palm scans") on our servers and temporarily on your device.  Palm­ 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 palm 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.  You may be required to provide payment and billing information, including credit card information, to such third parties.  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 or when your employer contacts 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 advertising networks and analytics providers, use "cookies" and other similar technologies to collect information about how the Service is used.  The service providers also may collect information about your online activities over time and on other websites or apps.  These service providers do not collect Personal Information, such as geo-location or palm scans, from the Service.  You may be able to change browser settings to block and delete cookies when you access our websites.  However, if you do that, the websites may not work properly.

By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.

How Element Uses Your Information

We use Personal Information to:
  • facilitate and improve our services; and
  • communicate with you; and
  • provide marketing and advertising to you.

We may use aggregate information for any purpose, including for marketing purposes.

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.

Marketing.  We may use information, including location information, to provide personalized advertising on the Service and to facilitate transmittal of information we think may be useful or relevant to you.  You may opt out of personalized advertising based on your location information by changing the setting within the Service or clicking here when you access this page through the Service.  We will not use palm scans or individually identifiable information derived from palm scans for advertising and marketing purposes.

Aggregate Data.  We may anonymize and aggregate data collected through the Service and use it for any purpose.

ELEMENT May Disclose Your Information

We may share your information:
  • with our third-party service providers;
  • >with your employer;
  • to comply with legal obligations;
  • to protect and defend our rights and property; and
  • with your permission.

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.

Your Employer.  We may share with your employer (our customer) information we have collected through the Service, including reports showing when and where you authenticated.  We will not share the palm scans or individually identifiable information derived from palm scans with your employer, except in the limited exceptions described in this Privacy Policy.  This Privacy Policy does not reflect the privacy practices of your employer, and Element is not responsible for your employer's privacy policies or practices.  Element does not review how employers use the information we provide to them, nor does Element review employers' compliance with their privacy policies or the law.  Please contact your employer if you have any questions about its privacy policies.

Palm Scans.  We will not share palm scans with others, except as described in this Privacy Policy.

Marketing.  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 may allow access to other data collected by the Service to enable the delivery of online advertising on the Service, or otherwise facilitate transmittal of information we think may be useful or relevant to you.  We will not share palm scans or individually identifiable information derived from palm scans for advertising and marketing purposes.

You may be able to opt out of receiving personalized advertisements from advertisers or advertising networks who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out sections on the websites of each of those organizations.  Links to those sites are here:

Network Advertising Initiative: http://www.networkadvertising.org/choices/

Digital Advertising Alliance: http://www.aboutads.info/choices/

When you opt out of personalized advertising, you may continue to see online advertising on the Service.

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 palm scans, as long as necessary to provide the Service and to develop and improve our services, as required by our customer agreements, and as permitted by law.  For example, we retain such data so we can perform forensic reviews in the event a customer reports suspicious authentication by a user.  We also retain palm scans for the purposes of improving and developing the Service and other services and to associate a new account with an old account, even after you remove/uninstall the app from your device.

Palm 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 palm scans on our servers when they are no longer useful for purposes described in this Privacy Policy.

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.  You may have a legal right to receive this notice in writing.  To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at security@discoverelement.com.

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.

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.
72 Greene Street
New York, NY 10012
info@discoverelement.com