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Element Website Terms of Use and the Element Terms of Service

Terms of Use

ELEMENT ELECTRONICS WEBSITE TERMS OF USE

This agreement governs your use of our website at www.elementelectronics.com (the Website). For our Privacy Policy, which governs our use of personal data, click here. This agreement (Agreement) is between Element Electronics Holdings, LLC (“Element”), you the user, and, if you are using the Website on behalf of a company or organization, such company or organization. This Agreement and our Privacy Policy may be updated from time to time, so please check back frequently. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.

Terms of Use

Please read this Agreement carefully. By accessing or using our Website, you agree to be bound by this Agreement and all of its terms without change. Neither Element nor its representatives are engaged in rendering legal services or other such advice. Your use of the Website is subject to the additional disclaimers and notices that may appear throughout the Website.

Element and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our Website. Element and its representatives cannot guarantee that the information on this Website is accurate, complete and up-to-date, and will not be responsible for any damage or loss related to, any inaccuracy, incompleteness, or lack of timeliness of the information or services on the Website.

Other Policies and Agreements

Your purchase and use of Element products on the Website or otherwise is subject to any terms or policies posted on this Website from time to time including, without limitation, the Element Terms of Service available here, the Element Shipping and Return Policy for Direct Sales available here and the Element Limited Warranty available here. Your use of certain apps and other software provided by third parties on the Element products may be subject to third party terms and conditions made available on such apps or software services.

Personal and Noncommercial Use Limitation: Prohibited Uses

Via the Website, we may provide information, marketing material, and e-commerce services (the “Services and Information”) relating to our products and services and an interface through which you may customize and purchase Element products (Products). We grant you access to this Website during the term of this Agreement solely to receive the Services and Information and purchase Products. You may access, download, and print materials as necessary to receive the Services and Information. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from this Website. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the Website without our prior written permission. You will comply with all privacy laws.

Proprietary Rights

All materials on this Website (as well as the organization and layout of the Website) are owned and copyrighted, licensed by, or used with permission that is granted to Element. No reproduction, distribution, or transmission of the copyrighted materials at this Website is permitted without the prior written permission of Element.

Your Account

If you use this Website and create a user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of this Website is terminated, you will (i) stop using the Website and any information obtained from the Website, and (ii) destroy all copies of your account information, password and any information obtained from this Website.

Confidential Information

You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the Services and Information. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care. Confidential Information means all information or material that: (i) is obtained from passwordprotected portions of the Website or (ii) which is (A) marked Confidential, Restricted, or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.

No Unlawful or Prohibited Use

As a condition of your use of this Website, you warrant to Element that you will not use this Website for any purpose that is against the law or prohibited by this Agreement. If you violate any of these terms, your permission to use this Website automatically ends.

You may not without our prior written permission use any computer code, data mining software, robot, bot, spider, scraper or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Website or accessed through this Website. You may not republish Element content or other content from this Website on another Website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus free.

If you are under the age of 13, you may not use this Website.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE PRODUCTS, INFORMATION AND SERVICES OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK. SUBJECT TO THE APPLICABLE ELEMENT LIMITED WARRANTY FOR ELEMENT PRODUCTS, THE WEBSITE AND OUR PRODUCTS, INFORMATION AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. ELEMENT AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY

RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELEMENT AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY PRODUCTS, INFORMATION OR SERVICES PROVIDED ON THE WEBSITE; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES AND INFORMATION. IN NO EVENT WILL THE MAXIMUM LIABILITY TO YOU OF ELEMENT, ITS AFFILIATES AND SUBSIDIARIES EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT PRODUCTS OR $100, WHICHEVER IS GREATER. THIS PROVISION WILL NOT AFFECT YOUR RIGHTS UNDER THE APPLICABLE ELEMENT LIMITED WARRANTY. THIS LIMITATION OF LIABILITY APPLIES EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third Party Sites

This Website may contain hyperlinks to websites operated by parties other than Element or its affiliates. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because the Privacy Policy is applicable only when you are on our Website, once linked to another website, we recommend that you read that site’s privacy policy before disclosing any personal information.

Links to Our Website

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Website so long as (i) the link or your linking website does not portray Element, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking website complies with applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than our Privacy Policy. You may not use any Element logo or other proprietary graphic or trademark as part of the link without express written permission from us. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink. You may not link to any page other than the home page of this Website. Any link to our Website should be a full forward link that passes the client browser to our home page without barriers. The back button should return the visitor to the original site if the visitor wishes to back out.

Use of Submissions

Should you submit to Element any feedback, questions, comments, suggestions, or the like, in whatever form, regarding the content of this Website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. You hereby grant us a license for such use.

Changes to Website

We may make improvements or changes in the information, services, products, and other materials on this Website, or terminate this Website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Website will be deemed your acceptance of the modified Agreement.

Dispute Resolution – Binding Arbitration and Class Action Waiver

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Website or the Products, Services and Information provided on the Website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply South Carolina law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Element retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Element retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this arbitration provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. ELEMENT AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph. This binding arbitration provision and class action waiver does not apply outside of the United States.

Miscellaneous

This Website is intended to reach residents of the United States, and all advertising claims contained in this Website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this Website will be governed by and construed in accordance with the laws of South Carolina, without giving effect to any principles of conflicts of law. Failure by Element to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. Subject to the above arbitration provision and class action waiver, any legal action or proceeding between Element and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of South Carolina, County of Richland. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights than those provided in this Agreement, or some provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.

The Element logo and other logos, product and service names are trademarks and service marks owned by or licensed to Element or its affiliates (the Marks). Without the prior written permission of Element, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.

Effective Date: October 1, 2017

Element Shipping and Return Policy for Direct Sales

Shipping Terms & Conditions

Orders will usually be shipped within 48 hours of confirmed receipt of payment Monday through Friday. Element is not responsible for shipping delays.

During our peak season, orders will usually be shipped within 72 hours of confirmed receipt of payment Monday through Friday.

Element will not ship to PO Box or APO/FPO addresses, Guam, Puerto Rico, the U.S. Virgin Islands or locations outside of the continental United States.

Orders may not be cancelled after purchase. Shipping and handling fees are not refundable.

Any shipments received as damaged must be reported to Element (www.elementelectronics.com/get-help) immediately upon receipt.

Please be sure to leave the “Required Signature On Delivery” box unchecked if you will not be able to receive your delivery in person. If “Required Signature On Delivery” box is checked an adult must be present to sign for delivery.

For your protection, please note that further verification, including providing picture identification, may be required for credit card orders. This includes, but is not limited to, orders in which the billing address and shipping address do not match or if the credit card holder’s billing address with the credit card company does not match the billing address included in this order. If further verification is needed, the customer will be contacted via the email address or phone number provided.

As we stated on the payment method page, you authorized a temporary hold for the full amount of your order on your credit card or debit card. This will result in a temporary decrease of the full amount of your order from your credit limit. The full amount of your order may be unavailable either until the billing transaction is settled, or the temporary hold expires. In the case of debit cards, temporary holds expire from 1-5 days after the transaction date depending on your bank’s policy; in the case of credit cards, temporary holds may last as long as 30 days, depending on your issuing bank.

* About the eRecyle Fee – While Element continues to offer the most advanced and latest technology to consumers, Element is sensitive to the environmental concerns relating to disposal of old television technology and protection of the environment. As a result, Element supports the recycling program efforts adopted by many states, and encourages our customers to participate in “green” environmental practices.

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Electronic Waste Recycling:

California enacted the Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003) and associated regulations to establish a funding system for the collection and recycling of certain electronic wastes. The covered electronic waste (CEW) recovery and recycling program is intended to provide convenient opportunities for all Californians to properly manage unwanted electronics. More information regarding this legislation can be found here: http://www.calrecycle.ca.gov/Electronics/Act2003/

Many other states have implemented similar laws, regulations and programs covering electronic waste recycling. Please review the information available at https://recyclenation.com/state-guidelines/ for information about electronic waste recycling in your state.

These programs may include information on charitable donations of useful television technology through not for profit organizations as well as information relating to e-waste facilities available in your area.

At the time of an Element television purchase, you will be charged an e-waste recycling fee as mandated by the State of California (fees range from $5 up to $7) and as may be mandated by other states, to help fund recycling efforts. These fees are collected at the time of purchase and remitted to the state in accordance with regulatory requirements.

Effective January 1, 2017, the covered electronic waste recycling fee paid by a consumer upon the purchase of a new or refurbished covered electronic device shall be the following amounts:

$5 for each covered electronic device with a screen size of less than 15 inches measured diagonally.

$6 for each covered electronic device with a screen size greater than or equal to 15 inches but less than 35 inches measured diagonally.

$7 for each covered electronic device with a screen size greater than or equal to 35 inches measured diagonally.

For more information pertaining to charitable donation, recycling, and e-waste fees in California, please visit www.calrecycle.ca.gov or call CalRecycle at 1-916-341-6269.

Return Policy for Direct Element Sales

Element’s return policy allows for products purchased directly from Element via its ecommerce website, www.elementelectronics.com, to be returned by the original purchaser during the initial thirty (30) day period following the date of purchase. An Element return authorization number must first be obtained as provided below.. Shipping and handling are not refundable.

The return authorization number must first be obtained from Element’s Customer Service by emailing customerservice@elementelectronics.com or by calling 1-888-338-5666, 24 hours a day, 7 days a week except major holidays. For up to date information, please visit www.elementelectronics.com

Products must be returned to the address specified by Element Customer Service and must be shipped in the original packaging, with freight prepaid to Element, and must be received in new and unused condition. The return authorization number must be included in the packaging. Element reserves the right to assess fees for any damaged or missing parts in addition to the ten percent (10%) restocking fee.

Return authorization numbers are valid for only fifteen (15) days from issuance. The customer is responsible for and must prepay all shipping charges and shall assume all risk of loss or damage to the product while in transit to Element. If the product is returned to Element (i) without an Element return authorization number, or (ii) beyond the fifteen (15) day period, or (iii) without proper packaging, Element retains the right to refuse delivery of such return or may return the unit to the customer at the customer’s expense and with no refund issued.

Once your return is received and inspected by Element Customer Service, your refund will be processed and a credit will be applied to coincide with the method of payment you used. Please note, depending on your credit card company, bank or payment processor, it will likely take at least 3 to 10 days for your credit to be posted to your account.

For defective products, please see the Element Limited Warranty available here.

This Shipping and Return Policy does not apply to products purchased at retailers or from parties other than Element.

PLEASE DO NOT RETURN YOUR UNIT TO ELEMENT WITHOUT PRIOR AUTHORIZATION.

Privacy Policy

ELEMENT ELECTRONICS PRIVACY POLICY

Element Electronics Holdings, LLC and its subsidiaries and affiliates (Element) are committed to safeguarding your privacy while using Element products, websites, or online applications that refer to or link to the 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; likewise, additional consent may be requested for certain data processing activities. Please note that this Privacy Policy applies to your use of our products as well as to our web-based Services, regardless of the device you may use to access those Services, whether phone, tablet, computer, TV, or other. 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, 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 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. This Privacy Policy is effective as of the date shown at the end of this Privacy Policy.

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 order a product or service from us directly 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 although we may associate it with other personal data for targeted advertising and remarketing purposes. We may request your consent again on your first use of the service.
  • 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.

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

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 nonpersonal 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 “Tweetbuttons, 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.

Indirect Collection – Third Party Advertising Services

We may employ over time various different advertising or remarketing services, including third party services, that serve you targeted advertisements to make your online experience more focused to your interests. These services may place a remarketing pixel and/or cookie on the Website in order to recognize your browser and serve advertisements that relate to prior searches and activities you participate in on the Website. We may run interest-based advertising campaigns that collect e-mail addresses, IP addresses, location information, and other personally identifiable information along with viewing session information.  We may use or associate such information to serve targeted advertisements and engage in other remarketing services These services may use a digital device agent or product identifier to associate such information with your device in order to enable us to serve targeted advertisements and provide other services. We may also use automatic content recognition software and acoustically masked data encoded onto or embedded with a signal stream to track viewing habits and session information. These audio watermarks are typically inaudible to the human ear.

We may use third party services to manage these technologies and to serve advertisements on our Services; for example, we may employ technology that pairs specific advertisements on our Services and other services and websites with searches that you run on our Services. We also use web analytics tools such as Google Analytics to analyze your use of our Website and the use of other websites. Analytical data is kept anonymous.

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
  • Provide you with advertising targeted to 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

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.

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.

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. 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 in order to process any online payments.

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

Your account is password-protected in order to protect the personal information it contains. We use encryption technology for credit card numbers, bank account numbers, passwords, and registration information. Remember to sign out of your Element account and 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.

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 or write us at:

Element Electronics Corp.

Legal Department
P.O. Box 581
Winnsboro, South Carolina 29180

Element Smart TV Privacy Supplement

Element Smart TVs 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 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.

Interest-Based Advertisements

By enabling the Interest-Based Advertisement feature on your Smart TV, you can choose to make content and advertising served to your Smart TV or across various Element and third party platforms or devices, including on the web, mobile devices, and tablets more relevant to you.

To provide the Interest-Based Advertisement feature, we collect video snippets of the program that you watch and use this information in order to return content or advertising that may be more relevant to your tastes based on your viewing history. Your Smart TV viewing history may be supplemented with other types of information as described in the main body of this Privacy Policy. Such information will include data about the usage of your Smart TV as well as technical information about your devices, such as model specifications and the IP address. When an ad is served to you, we may also log the fact that your device received that ad, as well as the webpage or other place where you viewed it.

We may also seek to collect information using cookies, beacons, digital device agents, automatic content recognition software, audio watermarks, and similar technologies. Please see the section entitled How do we collect information from you?” of this Privacy Policy for more information about how these work and how you can control their use.

You may disable the Interest-Based Advertisement feature at any time by visiting the settings menu on your Smart TV. However, if you disable the Interest-Based Advertisement feature, it will not affect whether you receive other types of ads and marketing on your Smart TV or other devices. The only difference will be that such ads will not be based on your Smart TV viewing history.

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 TVs 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 to provide targeted content, advertisements, and 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, 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 interestbased 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 interestbased marketing will be cleared and de-linked. However, if you reset your PSID, the quality of customized and interestbased 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.


Effective Date: October 1, 2017