Importance of your Privacy Policy
Privacy Policy
The website located at https://www.Nelion.me (including any and all sub-domains) and any and all services and software provided through or by such websites (whether over the Internet, by mobile platform or otherwise) or otherwise in connection with ElephantaFiles ("Company"). For the purposes hereof, the users of the Site (including anyone that accesses, browses or uses the Site) are referred to as "you," "your," or "User," and Company is referred to as the "Company," "we," "us," or "our". The Site can be accessed, browsed or used through a variety of online, mobile or other platforms as Company decides to make available (in its sole and absolute discretion) from time to time.
The privacy of users that access our Site is very important to us, and accordingly, we have formulated the Privacy Policy (the "Policy" or "Privacy Policy") to inform you about how we intend to collect, use, disclose and protect your Personal Information (as defined below) that is received at or in connection with the Site. We seek to handle your Personal Information in a manner that complies fully with the privacy principles and requirements under all applicable United States federal and State privacy legislation and regulations.
All Users will be subject to and bound by this Policy. By accessing, browsing and/or using the Site, you are accepting the Privacy Policy and you expressly acknowledge that you have read and understood the Privacy Policy and that you agree and consent to the use of your Personal Information pursuant to the Privacy Policy. If you do not agree with the terms and conditions set forth in the Privacy Policy then please do not provide us with any information and do not access, browse or use the Site.
General
You agree and warrant that any and all of your personal information provided to us is true and correct, including, but not limited to, your name, physical or electronic mailing address, phone number, fax number and other information requested (and you agree to update the same for the duration of this Policy). You understand that all personal information provided by you to us will be subject to the terms and conditions of our Privacy Policy. You acknowledge and agree that we may disclose information you provide if required to do so by any applicable law, or if we, in our sole and absolute discretion, believe that disclosure is reasonable or necessary to (1) comply with any applicable law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is affirmatively required by applicable law); or (2) protect or defend the rights or property of the Company or any third party.
Personal Information
The Company, including its employees, agents, independent contractors and/or representatives, will collect personal information as discussed below ("Personal Information") in a number of circumstances in the course of our operation of the Site.
We do or may in the future collect Personal Information in certain areas of the Site, such as (without limitation) when users register for services, use the Site, provide credit card or payment information, request publications or other information from us, sign up for newsletters, participate in user posting areas (such as bulletin boards, discussion forums, and surveys) and obtain or provide user access credentials. We may use other technologies including, but not limited to, pixel tags, web beacons, and technologies that enable us to be aware of your operating systems, hardware configurations, software applications that may be installed on your computer, and pages you visited on our website(s). These technologies are employed to allow us to improve our Site. None of the information identifies you personally and we do not link aggregate information to personally identifiable information.
Personal Information we will or may collect from Site users includes (without limitation): (a) names, physical and email addresses, telephone and facsimile numbers, internet protocol (IP) addresses and other business and/or residential contact information; (b) information or comments provided on the Site or otherwise, including feedback and comments about you with respect to the Site; (c) information regarding your activity on the Site, including (without limitation) your browsing patterns, download activity and pages viewed; (d) credit card and payment information; and (e) such other information we may collect with consent or as permitted or required by law.
Use of Personal Information
The Company generally uses Personal Information for the following purposes: (a) identification; (b) establishment and maintenance of our relationship with you, (c) to provide you with ongoing news, publications and information, to respond to your requests and inquiries, to fulfill your requests to register for products or services, use the Site, provide credit card or payment information to us, sign up for newsletters, participate in user posting areas (such as bulletin boards, discussion forums, and surveys) and obtain or provide user access credentials.; (d) marketing purposes, such as your Site activity, browsing and usage information and/or your demographic information that you may have voluntarily provided to us, in order to better tailor our marketing activities and to implement and maintain loyalty programs, provided that we do not sell or lease your Personal Information to third parties for their marketing activities without your explicit consent (except aggregate information that is generally not personally identifiable); (e) providing information to third-party administrators or other providers necessary to optimize operation of the Site; (f) maintaining business records for reasonable periods, and generally managing and administering our business; (g) meeting legal, regulatory, insurance, security and processing requirements and court or administrative orders; and (h) otherwise with consent or as permitted or required by law.
We may keep any and all of your Personal Information on hand for as long as permitted by law for any and all of the purposes described herein.
Disclosure of Personal Information
Personal Information may be disclosed to: (a) our employees, agents, representatives, advisors, affiliates and independent contractors, in connection with their performance of services for or on behalf of the Company; and (b) service providers who help us with our business operations, sales and marketing, information technology or professional services. We will take reasonable measures to ensure that your Personal Information collected, used, disclosed or otherwise processed by any of the aforementioned parties for us or on our behalf is protected and not used or disclosed for purposes other than as directed by the Company, subject to requirements in foreign jurisdictions applicable to those organizations. Please note that foreign jurisdictions differ in their privacy laws and some have Personal Information protection laws equivalent to or greater than those in the United States whereas others do not. We do not sell, trade, or otherwise transfer to outside parties your personal information. The preceding does not apply to trusted third parties who assist us in operating our Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
Personal Information may be used by the Company and disclosed to parties in connection with the contemplated or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of the Company or our business or assets, including (without limitation) for the purposes of: permitting such parties to determine whether or not to proceed or continue with such transaction. In the event that all or part of the Company or our business or assets is sold, assigned or otherwise disposed of, Personal Information we have collected will be used and disclosed by such parties for substantially the same purposes as described in the Privacy Policy. Notwithstanding the foregoing, we may disclose your personal information: (a) as required under law or to meet legal, regulatory, insurance, audit, and security requirements, with your consent, or as permitted or required by law; (b) pursuant to a subpoena or other legal action; (c) where we believe disclosure is necessary to investigate, prevent, or take action regarding illegal activities or suspected situations involving potential threats to the property rights or physical safety of any person; or (d) in the event of a violation of our Privacy Policy, terms and conditions or terms of use or service. The Company may also freely disclose your personal information to third party service providers under conditions of confidentiality in order to administer our Site or improve their functionality. These third-party service providers may include (without limitation) auditors, hosting providers, Internet Service Providers, software providers, information technology service providers, server and data providers, and e-mail validation services.
The Site
The Company operates and maintains the Site at http://www.Nelion.me (and any and all sub-domains thereof) as well as representations of the Site (whether in online, offline, mobile and/or other platforms). In general, you can visit the online version of the Site through traditional Internet access directly to the Site and view basic content while remaining anonymous by not providing any Personal Information; provided, however, we do collect your IP address and cookie information.
Our Site may collect non-personally identifiable information that becomes available to us as a result of your visit to our Site. This information includes, for example, your IP address (a number automatically assigned to your computer when you visit the Site, and which is logged by our servers) your Internet Service Provider ("ISP"), your web browser, the type of operating system, the domain name of the website which links you to our Site and the pages you visited while you were using the Site.
Notwithstanding the foregoing, if you access the Site through means other than traditional Internet access directly to the Site (i.e. you access the Site through mobile, offline, co-branded, social media or networks, or any other means) the above collection of information is subject to modifications and changes based upon your access platform.
Cookies
We do use cookies on the Site. Cookies are small text files that your web browser leaves on your hard drive to recognize you as a repeat user of the Site, track your use of the Site and target marketing and advertising. This allows for personalization of certain aspects of your visit to our Site. Information gathered from cookies in this way is only used on an aggregate basis. Unless a visitor specifically provides their identity to us, e.g., by registering at our Site, providing information through an online form or sending us correspondence from the Site, we will not know who the individual visitors are. We may use cookies to store preferences; record session information; develop information about Site visitors' preferences and interests; record past activity at the Site in order to provide better information when you return to our Site; or customize web page content based on information you voluntarily provide.
You can disable cookies using your Internet browser settings. Please consult your web browser's help function for information on how to disable cookies. Note that if you disable cookies, certain features of our Site may not function properly.
Security
We take reasonable steps to safeguard your Personal Information and endeavor to keep it secure using security measures that are appropriate for a company and website of our scope and size in our industry. Despite these precautions, the Company cannot guarantee that unauthorized persons will not obtain access to Personal Information.
Consent
Consent to the collection, use and disclosure of your Personal Information may be given in various ways. Consent can be express (for example, orally, electronically, via text message or on a form you may sign describing the intended uses and disclosures of Personal Information) or implied (for example, when you provide information necessary for a user access or access credentials that you have requested) or given in some circumstances where notice has been provided to you about our intentions with respect to your Personal Information and you have not withdrawn your consent for an identified purpose, such as by using an "opt out" option provided, if any. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). Generally, by providing us with Personal Information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in the Privacy Policy, if applicable, or otherwise at the time of collection. You may withdraw your consent to our collection, use and disclosure of Personal Information at any time by contacting us as indicated below, subject to contractual and legal restrictions and reasonable notice. Please note that if you withdraw your consent to certain uses of your Personal Information then we may no longer be able to provide you with certain of our products or services.
Each User is deemed to consent to receiving periodic email, text and other electronic or digital messages from the Company, unless the User has expressed a desire to unsubscribe and not receive such messages. The email messages may include, without limitation, information and advertisements from the Company and its partners. The Company will generally not share, sell or market the email addresses or other collected personal information of Users to third parties other than as set forth herein.
The Company collects, utilizes and discloses your Personal Information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose Personal Information without your consent, for example to comply with a court order, to comply with local, federal or foreign regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.
Please bear in mind that the Company is based in the United States, and we do not necessarily attempt to comply with foreign (non-U.S.) privacy legislation. By consenting (in any manner described above) to our collection, usage and disclosure of your Personal Information, you acknowledge and understand that the Site may be viewed and hosted anywhere in the world, and furthermore, you agree that your Personal Information may be transferred across national boundaries.
Access
The Company may establish and maintain a file of your Personal Information for the purposes described above. If you wish to request access or correction of your Personal Information in our custody or control, you may Nelion.me as indicated below. Your right to access or correct your Personal Information is subject to applicable legal restrictions. If you wish to withdraw consent, which may affect your access to services or functions provided by the Site, make inquiries or complaints or have other concerns about our Personal Information practices, you should Nelion.me as indicated below in "Contact Us". You may also unsubscribe from any mailing lists or newsletter or publication registrations, or otherwise from receiving messages or electronic mail from the Company, through instructions provided on the Site or in emails from us, or by directly contacting us as provided below in "Nelion.me" and expressing your desire to unsubscribe or clicking on links on the Site or in electronic mails or other electronic or digital messages that allow you to unsubscribe.
Links
The Site may contain links and pointers to Internet or other sites maintained by third parties. The Company does not operate or control in any respect any information, products or services on such third-party sites. Third-party links and pointers are included solely for the convenience of Users, and do not constitute any endorsement or verification thereof by the Company. You expressly agree to assume sole responsibility for use and access of third party links and pointers. Please recognize that we do not control these third party sites and the Privacy Policy will not apply to any of these sites. You should consult the applicable privacy policy of each third party site before using such third party linked site, as your personal information will be governed by the privacy policy on such linked site.
International Users
If you are accessing our Service from outside of the United States, your information may be transferred to, stored, and processed in the United States. Your use of the Site indicates your consent to the transfer of your information to our facilities anywhere across the world and as otherwise described in this Privacy Policy.
California Online Privacy Protection
Act Compliance It is our policy to be in compliance with the California Online Privacy Protection Act.
Our Commitment to Children's Privacy
Protecting the privacy of children is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and other applicable laws. The Company does not attempt to, or knowingly ask for or, collect information from any person under the age of 13. We recommend that children ask a parent for permission before sending any personal information anywhere using the Internet. You must be over the age of 18 to use the Site.
Limited Privacy Policy Only
This Privacy Policy applies only to information collected through our Site and does not necessarily apply to any information collected offline.
Other Regulatory Compliance
Certain products or services of the Company (including, but not limited to, those products and/or services offered by or through the Site) may include compliance with other regulatory requirements, such as (without limitation) SAS 70, The Sarbanes-Oxley Act of 2002 (as amended), The Gramm Leach Bliley Act (as amended), and The Health Insurance Portability and Accountability Act of 1996 (as amended) (collectively, "Other Regulatory Compliance"). The Company makes no express representations or warranties (in aggregate) with respect to Other Regulatory Compliance, and specifically disclaims any and all representations and warranties to such compliance in the aggregate. Certain specific products and/or services may include particular and/or specific compliance with certain areas of Other Regulatory Compliance, and any such (if any) particular or specific compliance will be limited to the compliance which is expressly indicated or stated (if any) by the Company. If you have any questions or concerns with respect to Other Regulatory Compliance, you are strongly encouraged to contact the Company in order to obtain more information.
Terms of Service and Use
Please also visit our terms of service and use establishing the use, disclaimers, and limitations of liability governing the use of our website(s) and Site.
Changes
The Company may, in its sole and absolute discretion, modify or change any or every aspect of the Policy at any time (for any reason or no reason), effective immediately upon posting such modifications or changes (or a revised version of this Policy incorporating such modifications or changes therein) on or through the Site. Please periodically consult the end of this Policy to determine when the Policy was last revised. You agree to periodically review this Policy to ensure that you are in compliance with any ongoing changes or modifications that are made to the Policy. Your continued use of the Site after any such modifications or changes are posted will constitute your complete and unequivocal acceptance of such any modifications or changes to the Policy. The Company reserves the right, but has no obligation whatsoever, to modify or change the Policy as it applies to any specific User, provided that any and all such special modifications must be in writing and signed by and between the Company and the applicable User. Any specialized modifications so made shall apply exclusively and only to the User that is a party to such written agreement.
EU Safe Harbor
Notwithstanding anything to the contrary herein, and overriding any conflicts or inconsistencies to the contrary, with respect to the protection and transfers of personal information, whether it is in electronic, paper or verbal format, between the European Union or Switzerland and the United States, the Company will comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework, as set forth by the U.S. Department of Commerce. The Company has certified that it adheres to the U.S.-EU and U.S.-Swiss Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. In any situation, circumstance, event or occurrence to which the Safe Harbor Privacy Principles apply, the Safe Harbor Privacy Principles shall prevail and control over the Privacy Policy to the extent of any conflict or inconsistency thereof. To learn more about the Safe Harbor program, and to view the Company's certification, please visit http://www.export.gov/safeharbor/.
Dispute Resolution
This Policy shall be governed by and construed in accordance with the laws of the State of Colorado without regard to the conflicts of law provisions thereof. You expressly agree that any controversy, dispute or claim ("Litigation") arising out of, relating to, or in connection with, this Policy or the Site, or the alleged breach thereof, or relating to our activities or services or to us otherwise under this Policy, shall be settled by confidential binding arbitration in Denver, Colorado, in accordance with the applicable rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) shall be binding on the parties and may be entered in any court having jurisdiction. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or this Policy must be filed within one (1) year after such claim or cause of action arose or was reasonable discovered, whichever is later, or be forever barred. In the event of any Litigation, both parties expressly and irremovably consent to the exclusive venue and personal jurisdiction in Denver County, Colorado. In the event of any Litigation arising from, related to or in connection with this Policy or the Site, the prevailing party thereof shall be entitled to recover its reasonable expenses, including (without limitation) attorneys' fees and the costs of arbitration.
