This Privacy Policy describes how Elemental Weapon Systems (the “Site”
or “we”) collects, uses, and discloses Your Personal Information when You
visit or make a purchase from the Site.
Interpretation
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the
same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or
parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common
control with a party, where "control" means ownership of 50% or more of
the shares, equity interest or other securities entitled to vote for election of
directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Elemental Weapon Systems.
Cookies are small files that are placed on Your computer, mobile device or
any other device by a website, containing the details of Your browsing
history on that website among its many uses.
Country refers to: the United States of America
Device means any device that can access the Service such as a computer,
a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable,
individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the
data on behalf of the Company. It refers to third-party companies or
individuals employed by the Company to facilitate the Service, to provide
the Service on behalf of the Company, to perform services related to the
Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the
use of the Service or from the Service infrastructure itself (for example, the
duration of a page visit).
Website or the Site refers to Elemental Weapon Systems, accessible
from https://elementalweaponsystems.com/
You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or using
the Service, as applicable.
Contact
After reviewing this policy, if You have additional questions or want more
information about our privacy practices please contact us by email at
info@elementalweaponsystems.com.
Collecting Personal Information
When You visit the Site, we collect certain information about Your device,
Your interaction with the Site, and information necessary to process Your
purchases.
The Company may use Personal Data for the following purposes:
• To provide and maintain our Service, including to monitor the usage of
our Service.
• To manage Your Account: to manage Your registration as a user of the
Service. The Personal Data You provide can give You access to different
functionalities of the Service that are available to You as a registered
user.
• For the performance of a contract: the development, compliance and
undertaking of the purchase contract for the products, items or services
You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other
equivalent forms of electronic communication, such as a mobile
application's push notifications regarding updates or informative
communications related to the functionalities, products or contracted
services, including the security updates, when necessary or reasonable
for their implementation.
• To provide You with news, special offers and general information about
other goods, services and events which we offer that are similar to those
that You have already purchased or inquired about unless You have
opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or
conduct a merger, divestiture, restructuring, reorganization, dissolution, or
other sale or transfer of some or all of Our assets, whether as a going
concern or as part of bankruptcy, liquidation, or similar proceeding, in
which Personal Data held by Us about our Service users is among the
assets transferred.
• For analytics and functionality: We collect device information
automatically when You access the Site in order to load the the Site
accurately for You, and to perform analytics on Site usage to optimize our
Site. Information is collected automatically when You access our Site
using cookies, log files, web beacons, tags, pixels etc. and shared with
our web host, Big Commerce, and Google Analytics when applicable.
Information collected is: web browser type, version of web browser, IP
address, cookie information, pages viewed, what sites or products
viewed, search terms, time and date of visit, the time spent on those
pages, unique device identifiers, how You interact with the Site, and other
diagnostic data collected from your device used to the access the Site.
• For order functionality: We collect order information from You: name,
billing address, shipping address, payment information (including credit
card numbers), Venmo when applicable, PayPal when applicable, email
address, and phone number from You. We collect this information and
share it with Big Commerce in order to load the the Site accurately for
You, to provide products or services to You to fulfill our contract, to
process Your payment information, arrange for shipping, provide You with
invoices and/or order confirmations, communicate with You, screen our
orders for potential risk or fraud, and when in line with the preferences
You have shared with us, provide You with information or advertising
relating to our products or services.
• For customer support purposes: We may also collect additional
information if You contact us for customer support.
• For other purposes: We may share Your information with Big
Commerce, Google Analytics, etc. to use Your information for other
purposes, such as data analysis, identifying usage trends, determining
the effectiveness of our promotional campaigns and to evaluate and
improve our Service, products, services, marketing and Your experience.
Minors
The Site is not intended for individuals under the age of 18. We do not
intentionally collect Personal Information from children. If You are the
parent or guardian and believe Your child has provided us with Personal
Information, please contact us at the email address above to request
deletion.
Tracking Technologies & Cookies
We use Cookies and similar tracking technologies to track the activity on
Our Service and store certain information. Tracking technologies used are
beacons, tags, and scripts to collect and track information and to improve
and analyze Our Service. Commonly, websites use cookies to track the
surfing habits of visitors and remember what products were added to the
shopping cart. For example, cookies help to generate information for the
Abandoned Cart Saver.(https://support.bigcommerce.com/s/article/Privacy-
Policy?language=en_US)/. Cookies make Your browsing experience better
by allowing the Website to remember Your actions and preferences (such
as login and region selection). This means You don’t have to re-enter this
information each time You return to the Site or browse from one page to
another. Cookies also provide information on how people use the Website,
for instance whether it’s their first time visiting or if they are a frequent
visitor.
• Web Beacons. Certain sections of our Service and our emails may
contain small electronic files known as web beacons (also referred to as
clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for
example, to count users who have visited those pages or opened an
email and for other related Website statistics (for example, recording the
popularity of a certain section and verifying system and server integrity).
• Cookies or Browser Cookies: A cookie is a small amount of information
that’s downloaded to Your computer or device when You visit our Site. We
use a number of different cookies:
• PERFORMANCE COOKIES
• ADVERTISING COOKIES
• SOCIAL MEDIA COOKIES
• CONTENT COOKIES
• SESSION COOKIES: These Cookies are essential to provide You
with services available through the Website and to enable You to
use some of its features. They help to authenticate users and
prevent fraudulent use of user accounts. Without these Cookies,
the services that You have asked for cannot be provided, and We
only use these Cookies to provide You with those services.
Session Cookies last until You stop browsing and are deleted as
soon as You close Your web browser. Learn more about cookies on
the Free Privacy Policy website article.
• PERSISTENT COOKIES: Persistent Cookies remain on Your
personal computer or mobile device when You go offline. They last
until they expire or are deleted. Most of the cookies we use are
persistent and will expire between 30 minutes and two years from
the date they are downloaded to Your device.
• NOTICE ACCEPTANCE COOKIES: These Cookies identify if users
have accepted the use of cookies on the Website.
• FUNCTIONALITY COOKIES: These Cookies allow us to remember
choices You make when You use the Website, such as
remembering Your login details or language preference. The
purpose of these Cookies is to provide You with a more personal
experience and to avoid You having to re-enter Your preferences
every time You use the Website.
Managing Cookies
Most browsers automatically accept cookies, but You can choose whether
or not to accept cookies through Your browser controls, often found in Your
browser’s “Tools” or “Preferences” menu. You can instruct Your browser to
refuse all Cookies or to indicate when a Cookie is being sent. However, if
You do not accept Cookies, You may not be able to use some parts of our
Service. Please keep in mind that removing or blocking cookies can
negatively impact Your user experience and parts of our Website may no
longer be fully accessible. Additionally, please note that blocking cookies
may not completely prevent how we share information with third parties
such as our advertising partners. To exercise Your rights or opt-out of
certain uses of Your information by these parties, please follow the
instructions in the “Behavioral Advertising” section. For more information on
how to modify Your browser settings or how to block, manage or filter
cookies can be found in Your browser’s help file or through such sites such
as: www.allaboutcookies.org
Do Not Track
Please note that because there is no consistent industry understanding of
how to respond to “Do Not Track” signals, we do not alter our data
collection and usage practices when we detect such a signal from Your
browser.
Using Personal Information
We use Your personal Information to provide our services to You, which
includes: offering products for sale, processing payments, shipping and
fulfillment of Your order, and keeping You up to date on new products,
services, and offers.
Behavioral Advertising
We may use Your Personal Information to provide You with targeted
advertisements or marketing communications we believe may be of interest
to You. For example:
• We use Google Analytics to help us understand how our customers
use the Site. You can read more about how Google uses Your
Personal Information here: https://www.google.com/intl/en/policies/
You can also opt-out of Google Analytics here: https://
tools.google.com/dlpage/gaoptout
We may share information about Your use of the Site, Your purchases, and
Your interaction with our ads on other websites with our advertising
partners. We may collect and share some of this information directly with
our advertising partners, and in some cases through the use of cookies or
other similar technologies (which You may consent to, depending on Your
location).
For more information about how targeted advertising works, you can visit
the Network Advertising Initiative’s (“NAI”) educational page at
https://www.networkadvertising.org/understanding-online-advertising/how
You can opt out of targeted advertising by emailing us and letting us know
as well as clicking these links and following the instructions:
GOOGLE - https://www.google.com/settings/ads/anonymous
BING -
https://advertise.bingads.microsoft.com/en-us/resources/policies/
Additionally, You can opt out of some of these services by visiting the
Digital Advertising Alliance’s opt-out portal at:
Disclosure of Your Personal Data
Business Transactions
We may share or transfer Your personal information in connection with, or
during negotiations of, any merger, sale of Company assets, financing, or
acquisition of all or a portion of Our business to another company.
If the Company is involved in a merger, acquisition or asset sale, Your
Personal Data may be transferred. We will provide notice before Your
Personal Data is transferred and becomes subject to a different Privacy
Policy.
Law Enforcement and Legal Requirements
Under certain circumstances, the Company may be required to disclose
Your Personal Data if required to do so by law or in response to valid
requests by public authorities (e.g. a court or a government agency). We
may share Your Personal Information to comply with applicable laws and
regulations, to respond to a subpoena, search warrant or other lawful
request for information we receive, or to otherwise protect our rights.
The Company may disclose Your Personal Data in the good faith belief that
such action is necessary to:
• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the
Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability
• Other Situations
• With Service Providers: We may share Your personal information with
Service Providers to monitor and analyze the use of our Service, to
contact You, and to help us provide our services and fulfill our contracts
with You, For example:
• We use Big Commerce to power our online store. You can read
more about how Big Commerce uses Personal Information
here: https://www.bigcommerce.com/privacy/
• With Business Partners and Affiliates: We may share Your information
with Our business partners and affiliates to offer You certain products,
services or promotions.
• With other users: when You share personal information or otherwise
interact in the public areas with other users, such information may be
viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any
other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is
necessary for the purposes set out in this Privacy Policy. We will retain and
use Your Personal Data to the extent necessary to comply with our legal
obligations (for example, if we are required to retain Your data to comply
with applicable laws), resolve disputes, and enforce our legal agreements
and policies.
The Company will also retain Usage Data for internal analysis purposes.
Usage Data is generally retained for a shorter period of time, except when
this data is used to strengthen the security or to improve the functionality of
Our Service, or We are legally obligated to retain this data for longer time
periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's
operating offices and in any other places where the parties involved in the
processing are located. It means that this information may be transferred to
— and maintained on — computers located outside of Your state, province,
country or other governmental jurisdiction where the data protection laws
may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such
information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your
data is treated securely.
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that
no method of transmission over the Internet, or method of electronic
storage is 100% secure. While We strive to use commercially acceptable
means to protect Your Personal Data, We cannot guarantee its absolute
security.
Links to Other Websites
Our Service may contain links to other websites that are not operated by
Us. If You click on a third party link, You will be directed to that third party's
site and our privacy policy no longer enforced. We strongly advise You to
review the Privacy Policy of every site You visit. It is Your responsibility to
check the third-party website's policies.
We have no control over and assume no responsibility for the content,
privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time in order to reflect, for
example, changes to our practices or for other operational, legal, or
regulatory reasons. We will notify You of any changes by posting the new
Privacy Policy on this page and update the "Last updated" date at the
bottom of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this
page.
Delete Your Personal Data
You have the right to delete or request that We assist in deleting the
Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You
from within the Service.
You may update, amend, or delete Your information at any time by signing
in to Your Account, if You have one, and visiting the account settings
section that allows You to manage Your personal information. You may also
contact Us to request access to, correct, or delete any personal information
that You have provided to Us.
Please note, however, that We may need to retain certain information when
we have a legal obligation or lawful basis to do so.
Complaints
If You would like to make a complaint, please contact us by email or by
using our “Contact” page on our Website.
If You are not satisfied with our response to Your complaint, You have the
right to lodge Your complaint with the relevant data protection authority.
Last updated: May 16th 2023