First Element values our customers and respects their privacy. We collect information about you through our websites connected to this policy in an effort to improve your shopping experience and to communicate with you about our products, services, contests and promotions.
This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect, use, and disclose your information. If our information practices change, we will post an updated policy on our website. You can browse our site without providing any personal information, but if you choose not to provide us with certain personal information that may result in your being unable to use certain services or features offered by us.
What kind of personal information does First Element collect?
We may collect personal information from you, such as your name, email address, postal address, phone number or credit card number, when you visit our website, place an order online or by phone, save your information with us online, return an item, contact us with a question or concern, or participate in a contest, promotion, or survey. We may maintain a record of your product interests and the purchases you make online or by phone.
Personal information about you is or may be stored in servers hosted in various countries, including in the United States and Canada. Your personal information may be subject to the laws of the countries in which it is stored or used, and those countries may have a different data protection regime than the country in which you reside and under the laws of those other countries, in certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information. By providing us with any personal information, you consent to the transfer of your personal information to other countries, such as the United States, which may have a different privacy regime from your country of residence.
How does First Element use personal information?
We may use your personal information in the following ways:
- process and fulfill your order(s), including to send you emails to confirm your order status and shipment
- To process merchandise returns
- To administer and fulfill contests, loyalty programs, and other promotions and programs in which you participate
- To help us address problems with and improve our site design, products and services
- To enhance your shopping experience
- To help us learn more about your shopping preferences
- To understand your shopping interests and purchasing history so that we can tailor offers and promotions to you
- For our internal business purposes, such as to analyze trends and statistics, for audits, to develop new products, to enhance our websites, to improve our services, to identify usage trends and to determine the effectiveness of our promotional campaigns
- To protect the security or integrity of our websites and our business
- To contact you if necessary regarding your transactions with us, changes to our terms, conditions, and policies and/or for other administrative purposes
- With your consent when required, to communicate with you and to send you information by email, postal mail, telephone, text message, or other means about our products, services, contests, and promotions, unless you have directed us not to contact you with promotional communications
Does First Element share personal information about me?
We may share your personal information in the following ways:
- Service Providers. We engage service providers who manage our customer information and perform services on our behalf, such as fulfilling promotions, sending communications to our customers, conducting surveys, processing credit cards, fulfilling your requests, or helping prevent, detect and investigate fraudulent or suspicious activities and transactions. We require that our service providers appropriately protect personal information and use it only to provide services to us. These service providers are or may be located in the following countries: Canada, the United States, Brazil, India, and the United Kingdom.
- Corporate Transactions. In the unlikely event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition (including without limitation in connection with any bankruptcy or similar proceedings) of all or any portion of the business, assets or stock of First Element, personal information about our customers and other information we have collected as described in this policy may be among the transferred business assets and may be shared with other parties.
How do I access or change personal information?
You can contact us to request access to or more information about the use of personal information or to ask us to change, update, delete and/or suppress personal information. Please note that certain personal information may be exempt from such access, correction, deletion or suppression rights pursuant to local data protection laws. We will respond as required by applicable law. Further, if we provide functionality on any of our websites that permits you to set up an account on the site, you may log into your account to access and change your personal information.
You must clearly indicate: the information that you wish to have changed; the information that you wish to have suppressed from our database; or the limitations you wish to put on our use of your personal information.
How do I make choices about personal information?
First Element wants to communicate with you only if you want to hear from us. If you prefer not to receive promotional information, such as information about special offers and sales events, from one or more of our brands, you can let us know by contacting our customer service, or by following the "opt out" instructions provided in promotional emails sent to you.
Please be sure to include your full name and the email address you used when you registered with or made a purchase from our brand(s). If you ask us to remove your name and address from promotional lists, we will maintain your name in a "do not contact" file in order to honor your request. It may take up to 10 days to process your email request and 6-8 weeks to process your postal mail request, during which period you may continue to receive communications from First Element.
If you change your mind, you can start receiving promotional communications from us again by signing up when you visit our website or when you enter a sweepstakes or contest, or by contacting customer service.
How does First Element collect and use non-personal information?
Non-personal information is information that does not identify you. It may include information you have provided to us such as demographic data, for example, your gender, birthday, and personal interests. Non-personal information also includes aggregate information, for example, using personal information to calculate the percentage of our customers who like a particular brand or product.
When you visit our website, First Element collects information that may include your MAC address, your computer type, screen resolution, OS version, Internet browser, IP address (as further described below), cookies (as further described below), pixel tags, web beacons, and other similar technologies (as further described below) to better serve you with more tailored information and facilitate your ongoing use of our websites.
First Element may use non-personal information and share non-personal information with other third parties for any purpose. First Element may combine non-personal information with personal information, such as combining your geographic location with your name, but if we do this the information will be treated by us as personal information for so long as it is combined.
How does First Element collect and use pixel tags and similar technologies?
We use "pixel tags" (also called "web beacons" or "clear gifs"), which are tiny graphic images, and other similar technologies on our websites and in our emails. Pixel tags help us analyze our customers' online behavior and measure the effectiveness of our websites and our advertising. We work with service providers that help us track, collect, and analyze this information. Pixel tags on our sites may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the sites. This information may include your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website you visited immediately before coming to our site. Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.
We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our websites, to personalize your online experience, to tailor our communications with you, to determine the effectiveness of our advertising, to understand your preferences and for other internal business purposes.
We also work with third-party companies that use tracking technologies to serve advertisements on our behalf across the Internet. These companies may collect information about your visits to our website and your interaction with our advertising and other communications. If you would like more information about this practice and to know your choices about not having your information used by these companies, please visit http://www.networkadvertising.org/managing/opt_out.asp.
How does First Element collect and use IP addresses?
Your IP address is a number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is logged automatically in our server log files whenever you visit our websites, along with the time of your visit and the pages that you visited. It is also collected by pixel tags, as described above. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
We may use IP addresses for the same purposes for which we use personal information, as well as for calculating website usage levels, helping diagnose server problems, and administering our websites and your use of our websites including providing opportunities to you and fulfilling your requests and purchases. Except where otherwise required by law, we treat IP addresses, server log files and related information as non-personal information.
How do I know personal information about me is secure?
We do our best to provide you with a safe and convenient online experience. We have in place physical, electronic, contractual, and managerial safeguards to help protect the security and privacy of your personal information from unauthorized access, acquisition or disclosure. When you enter your personal information on our website, we use Secure Sockets Layer (SSL) technology to protect your personal information as it is transmitted to us.
Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us. If you choose to notify us by physical mail this will delay the time it takes for us to respond to the problem.
What about links to other websites?
How long do you retain my information?
We will retain your personal information for the period necessary to fulfill the purposes outlined in this policy unless a longer retention period is required or permitted by law.
What is "phishing"?
"Phishing" is a scam designed to steal your personal information. If you receive an email that looks like it is from us asking you for your personal information, do not respond. We will never request your password, user name, credit card information or other personal information through email.
I received a suspicious email from First Element regarding an order I did not place. What should I do?
We are aware of phony emails sent out under brand names. These types of scams are common. These emails will not originate from First Element, and individuals who received fraudulent order status emails will not been charged. For your protection, do not click links or open any files attached to suspicious, unsolicited emails. If you believe your personal computer has been compromised as a result of the scam, please consult an IT professional.
How do I contact you?