ELAMANT PRIVACY POLICY

The purpose of the Privacy Policy is to describe how Elamant International, LLC and its affiliates (“Company”, “us,” “we,” or “our”) collect, use, and share information about you through our platform (e.g., websites and mobile applications), including the shopping data submissions, marketing research questions, and other information from our website https://MyElamant.com (collectively referred to herein as the “Platform”). Please read this notice carefully to understand what we do collect and the purpose and intent of that information. If you do not understand any aspects 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 the Terms of Use.

The Privacy Policy covers information we collect from you through your use of our Platform. Some of our Platform’s features can be used without revealing any personal information; however, for our features or services which are exclusive to members, personal information is required. If you do not use these exclusive member features or services, then we only collect general information (“General Information”), which is not personally identifiable to you. To access 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, email address, social media interests, marketing data research, shopping information, amongst other information. 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, your membership, and our ability to contact you.

By submitting any Personal Information to us, you consent and agree that we may collect, use, and at times disclose such Personal Information in accordance with this Privacy Policy and any and all of our other policies, including the Terms & Conditions, and as permitted or required by law for the purposes of research, monetization, advertising, and to deliver accurate shopping demographics and data to our marketing partners. If you do not agree with these terms, then please do not provide any Personal Information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required Personal Information, you will not be allowed to participate in our membership program or have access to exclusive membership benefits and services.

Through participation in our membership program and use of our Platform, you understand that the Company collects with the intent to sell your data, including General Information and Personal Information, (“Member Data”) to our partners our other third parties. The Member Data collected allows the Company to reward and compensate our memberships through our various member programs. As such, you consent to the use of Member Data for, but not limited to, market research, marketing, advertising, product development, recruitment, and any other purposes related to the business of the Company.

What We Collect

  • General Information. We may track, collect and aggregate 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 not considered Personal Information, we may be able to determine from an IP address the Internet Service Provider and the geographic location. We also may use cookies and/or web beacons to help us determine 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 a better and more personalized user experience. We may update or include additional, market standard, 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.

 

  • Personal Information. We collect Personal Information that you provide to us when you initially submit your personal enrollment into our membership, update or change information for your account or membership, purchase products or services and upload the data receipt or invoice, complete a survey, sign-up for email updates, send us email messages, and/or participate in other services on or within our Platform. We may use the Personal Information that you provide to respond to your questions, provide you the specific products and/or services you select, send you updates, and send you email messages about Platform maintenance or updates. We also may use all Member Data, including Personal Information, in operating our business, which you herby consent and permit us to do.

 

    • Shopping and Consumer Information. An important category of Personal Information includes data that is collected is for the intent of market research, merchant acquisition or recruiting, advertising, and other shopping data monetization. The information that we collect for this section is anything submitted, collected, redeemed, or entered by the member from the Data Rewords Program and Travel Portal benefits. We will collect and store images of consumer receipts, POS receipts, invoices, and any other image data that is submitted to us. We will also collect and store the retail stores visited, market research data, purchase history through our e-commerce platform and Travel Portal, and any other data collected from time to time that will help with the monetization of shopping data and consumer habits.

 

How We Use Your Information

  • 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 use it for other business purposes.

 

  • Personal Information. Except as set forth in this Privacy Policy and other policies, including Terms of Use, 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. We may also use it for research and business purposes, including improving and customizing the Platform, providing Merchant Partners with insight into shopper behavior, and the improving the benefits of the products and services we offer.

 

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

 

Data Security Policy

Maintaining the confidentiality and security of our Member Data is of the utmost importance. We will ensure to use industry standard 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 & Conditions and Terms of Use. However, because it is impossible to provide an absolutely 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 appropriate measures to resolve any such issues to the highest standard and take all 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 e-mails, WeChat or WhatsApp messages, SMS, Messenger, or any other forms of communication you send to us through the Platform are not encrypted.

Correcting Personal Information

Please review your Personal Information to ensure that it is correct. If any of your 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 make our best endeavors to answer promptly and make our best efforts to 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 your Personal Information that you provide and if you update the incorrect information, it may cause issues with your use of our Platform, recovery of account, or participation in our membership program.

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 agree and consent to the transfer to and processing of personal information on servers located in the United States and South Africa, and that the protection of such information may be different than required under the laws of your residence or location.

Updates to the Privacy Policy

Please note that we review our policies, including this Privacy Policy, from time to time to ensure that we are providing the best services to you and ensuring compliance. As such, our practices and policies are subject to change, with such change being in the absolute discretion of the Company. Any change, update, or modification will be effective immediately upon posting on our Platform. We will notify you of any material changes to this Privacy Policy by posting a notice on our Platform for a reasonable period of time following an update. The most recent version will always be available on our Platform for your review. Be sure to regularly check your account to ensure you are familiar with the most current policies.

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 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 are 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 collected on our Platform upon learning of the existence of such Personal Information.

GDPR

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 need the data. You can exercise a 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 once given consent to us at any time. As a result, we are not allowed to continue the data processing based on this consent cancellation.
  • Contact the supervisory authority of your usual place of residence or workplace.

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 consent for the future. By the revocation of the consent, the legality 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.

California Consumer Privacy Act

California Consumer Privacy Act

Under the California Consumer Privacy Act (the “CCPA”), a business that collects consumers’ Personal Information must provide to consumers access to the specific pieces and categories of Personal Information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with whom the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with the CCPA, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information. This means that any Active Member services, such as Data Rewards, cannot be used unless you agree to permit the sale of your Personal Information, as those services depend upon the sale of Member Data to support their rewards programs and other benefits.

As a consumer you have the following rights:

  • To request that we disclose what Personal Information (about you) we collect, use, disclose, and sell;
  • To request deletion of your Personal Information we collect or maintain. This right is limited, and we may not always honor your request, particularly when it is necessary to maintain your information for legal purposes or to complete any business we have with you.

To opt-out of the sale of your Personal Information by the business. A “sale” occurs when your Personal Information is exchanged with a, non-service provider, third party in exchange for valuable consideration. It is not a sale when you intentionally authorize us to disclose your Personal Information or interact with a third party. If you opt out from the sale of your Personal Information, you will be excluded from the use of the Data Rewards Program and certain other Member services.

To not receive discriminatory treatment by the business for exercising any of the privacy rights conferred under the CCPA.

Exercising Your Rights Under the CCPA

To exercise your rights under the CCPA, you may contact us using any of the contact information at the bottom of this policy.  Pursuant to the law, we will honor any verified request. You have the right to make a free request two times in any 12-month period. We will make the disclosure within 45 days of receiving your request, unless we request an extension. In the event that we reasonably need a 45-day extension, we will notify you of the extension within the initial 45-day period.

Right of Deletion

You have the right to request that we delete your Personal Information, subject to certain exceptions, including Member Data provided in connection with the Data Rewards Program. After we receive and validate your request, we will delete your Personal Information, as well as direct our service providers to delete your Personal Information, unless an exception applies.

The CCPA permits using a designate an authorized agent to make a request on a consumer’s behalf. You may designate an agent by filling the agent-designation form on the website for the California Department of Consumer Affairs. Both the designated agent and the consumer are subject to verification before accepting a consumer rights request.

California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to them at 400 R Street, Sacramento, CA 95814, or by telephone at 800.952.5210. For other states, please check with your state’s consumer protection authority.

Residents of the state of California have the right to request certain information from us with respect to the types of Personal Information we share with third parties for their direct marketing purposes, as well as the identities of the third parties we have shared such information with during the immediately preceding calendar year. To exercise your choices, please contact us using the contact information at the bottom of this Privacy Policy.

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:

Email: compliance@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 the Services, you agree to be bound by the revised Privacy Policy.

Date: 05/16/2020