We encourage you to read this policy to ensure you understand our privacy practices.
This Privacy Notice informs you about the types of personal information collected through Elf 1 LLC ("we, our or us") website ("Site"), and how we use, share and protect that information. It applies to the personal information we collect on this Site and related Elf sites such as www.haydensm.com but does not pertain to the websites belonging to partners, vendors or clients.
INFORMATION WE COLLECT
We may collect and store personal information that you voluntarily provide us when you contact us for business purposes or when applying for a job. This personal information may include your name, email address, telephone number, and your resume. We use the information you provide to respond to your requests, questions or employment application. We may also use the information to communicate with you about other topics that we think may be of interest to you.
For example, you may voluntarily provide us with Personal Data when you sign up to participate in our events, blogs, webinars, download content, submit a web form, call or email us directly, request an overview of our benefits, or submit your business card.
The types of Personal Data that we collect vary based on the benefits offered on the Websites, but generally include your name, address, telephone number, company name, job title, e-mail address, and other information that you voluntarily submit to us.
This can include information that you provide to make a payment to us through a third-party vendor or that you have voluntarily submitted to one of the third-parties we work with to provide you services or event experiences.
We are committed to making your online experience with our Site informative and relevant. To achieve this, we collect certain information by automated means when you visit this Site, such as your IP address, the type of Internet browser you are using, operating system, referring URLs, information on actions taken on the Site, how many users visited our Site and dates and times of Site visits. By collecting this information, we learn how to best tailor this Site to our visitors. We collect this information by various means explained below:
Cookies are bits of text that are placed on your computer's hard drive or Internet-connected device when you visit certain websites. Cookie technology hold information a site may need to personalize a visitor's experience. Cookies may also be used for security purposes and to gather website statistical data, such as which pages are visited, what is downloaded, and the paths taken by visitors to our website as they move from page to page.
You have control over cookies, and can refuse the use of cookies by selecting the appropriate settings on your browser. Note, however, that by not accepting or deleting the use of cookies, you may affect your website experience and you may not be able to take full advantage of all features on this Site. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please consult the "Help" section of your browser for more information.
By using this website, you agree to our use of cookies. We use cookies to provide you with a great experience and to help our website run effectively. If you do not agree to the use of cookies, do not use our site. Thank you.
We may also use third-party web analytics services on this Site, such as Google Analytics. Google Analytics uses technologies such as cookies to help analyze how users use this website. The information generated by the cookie about your use of this Site (such as your IP address, the URL visited, and the date and time the page was viewed) will be transmitted and stored by Google on servers in the United States. Google will use this information to monitor your use of this Site, compiling reports on website activity for website operators and providing other services related to website activity and internet usage. Google may transfer this information to third parties where required by law, or where such third parties process information on Google's behalf. For more information about Google's privacy policy in respect of Google Analytics, please refer to http://www.google.com/analytics/learn/privacy.html. You may opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout?hl+en=GB.
We use third-party mailing list services available via Mailchimp and Squarespace. Both companies are GDPR compliant. By subscribing to our newsletter or other mailing lists we have for events we host, you acknowledge that your information will be transferred to Mailchimp and Squarespace for processing. Learn more about Mailchimp's privacy practices and Squarespace’s GDPR and data compliance practices. We reserve the right to remove anyone at anytime without explanation from our mailing lists. We have a zero tolerance policy on spam and negative online behavior.
INFORMATION WE USE
We may use the information we obtain about you both to further our relationship with you and for other purposes, to:
process, evaluate and respond to your requests and inquiries
verify your identity to ensure security for the other purposes listed here
operate, evaluate and improve our business (including developing new services; managing our communications; learning about our visitors, analyzing our services and website; and facilitating the functionality of our website)
process applications for employment
perform data analyses
comply with applicable legal requirements and industry standards and our policies
We use the Personal Data we collect from you (unless otherwise restricted by law) to:
Provide you support or other benefits you have ordered from us and other similar operational communications.
For EU Data Subjects, such use is necessary for the performance of the agreement between you and us.
Respond directly to your information requests (including registrations or other specific requests) or other inquiries.
For EU Data Subjects, such use is necessary to respond to or implement your request prior to entering into a contract with us.
We also use your contact information to contact you by email, postal mail, phone, or social platforms regarding information that we think may be of interest to you. If you do not wish to receive marketing materials, brochures, or emails from Elf, you may inform us of your preference by sending a letter or calling Elf at the contact information below. You may also submit a contact form electronically through the Site and unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails.
Where required by the applicable law (for example, if you are an EU Data Subject), we will send you marketing information or notifications only with your consent, which was given at the time you provided us with the Personal Data. In such case, if you do not provide us with your consent to the processing of your Personal Data for this purpose, we will not send you this information, (please refer to the “EU Data Subjects” section below for information on your rights). For California residents, please consult the “Your Privacy Rights” section below for additional considerations.
With your permission, we may also use information you provide to us as a testimonial posted on the Site.
If you correspond with Elf via email, the postal service, our web forms, social platforms, or other form of communication, we may retain the correspondence and the information it contains. We may use the information for business purposes, including responding to your inquiry, notifying you of Elf related opportunities, and other marketing purposes (please read the Marketing section above for more information on our marketing practices and how to opt out or unsubscribe).
Elf collects information about users’ IP addresses, including users’ utilization of our Websites, to help us design our Websites to better suit our Website users’ needs. We may use information about your IP address to help diagnose problems with our server, administer our Websites, analyze trends, track visitor movements, and gather information that assists us in identifying visitor preferences. We also may use your IP address to enhance our security and investigate an actual or potential security incident. For EU Data Subjects, this use of your information is necessary for our legitimate interests in understanding how the Websites and our Services are being used by you, to improve your experience on it and ensuring network and information security. For more information about what we mean by legitimate interests, and when we may process Personal Data for our legitimate interests, please see the “EU Data Subjects” section below.
INFORMATION WE DISCLOSE
Elf discloses Personal Data that we collect (described above) in accordance with the terms set forth in this section.
We share your Personal Data with third parties who provide certain services to us to assist us in meeting business operation needs. These parties are authorized to process your Personal Data, on our behalf and pursuant to our instructions, only as necessary to provide these services to us. We share your Personal Data with the following service providers:
Providers of payment processing and accounting, as necessary to process payment
Providers helping us fulfill offerings (such as Higher Logic, Emma)
Providers of research and analytics services, including Google Analytics
We may also disclose Personal Data to third parties in the following circumstances: (1) if you request or authorize (when required by the law, we will inform you in advance of the third parties to which we may provide your data and the purpose for doing so, and we will obtain your prior consent for such use); (2) the information is provided (a) to comply with the law (for example, to comply with a search warrant, subpoena or other legal process), (b) to enforce an agreement we have with you, (c) to protect our rights, property or safety, or the rights, property or safety of our employees or others, (d) to investigate fraud, or (e) to respond to a government request or to lawful requests by public authorities, including to meet national security or law enforcement requirements; (3) to address emergencies or acts of God; (4) to address disputes, claims, or to persons holding a legal or beneficial interest; (5) if we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, in which case your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.
We collect, store and process the information from our Websites and Apps in the U.S. If you are outside the U.S., then your Personal Data and other information will be transferred to the U.S. The data privacy and data protection laws outside your country may offer less protection than the laws in your country. By using our services, the Websites and/or Apps or otherwise providing us with your Personal Data, you agree to the transfer of your Personal Data as described in this Privacy Policy. If you do not agree to such cross-border transfers of your Personal Data, please do not submit it through the Websites and/or Apps.
The Websites use interfaces with social media websites or platforms that are owned and/or controlled by third parties, such as Facebook, LinkedIn, Twitter and others (“Social Media Site”). If you choose to “like” or share information from a Website through any Social Media Site, if you are a member of a Social Media Site, the interfaces on our Websites may allow the Social Media Site to connect your website visit to your Personal Data. The information that you share with the Social Media Sites will be governed by the specific privacy policies and terms of service of the Social Media Site and not by this Privacy Policy. You should review the privacy policy of that Social Media Site before choosing to access and use any Social Media Site, including interacting with our pages on those sites.
We do not sell personal information that we collect about you. We also do not disclose personal information we collect about you, except as described herein or otherwise expressly described at the time the data is collected. We also may share information provided by our visitors to this Site with service providers we have retained to perform services on our behalf, including without limitation, hosting or operating this Site, carrying out your requests, responding to your inquiries, and analyzing data. We require these service providers by contract to appropriately safeguard the privacy and security of personal information they process on our behalf.
We may disclose information about you as compelled or required by law, to law enforcement authorities or other government officials, to protect or defend our legal rights, or in order to investigate, prevent or take action regarding illegal activities, suspected fraud or violations for using this Site or other applicable policies.
We may transfer the personal information we collect on this website to other countries other than in which the information was originally collected. Those countries may not have the same data protection laws as your country of residence. Currently, job applicant data may, in certain circumstances, be hosted by our service provider located in the United States that has certified compliance to the Department of Commerce's US/EU and US/Swiss Safe Harbor Frameworks.
Your job application and any additional information you provide to us when applying for a position will be used for the purpose of processing your application for employment and possibly to determine whether you would be suitable for other positions within Elf. Elf may share job applicant data with its affiliated agencies located in the U.S., Canada, U.K. and Australia. Your job application and any additional information you provide to us when applying for a position will be used for the purpose of processing your application for employment and possibly to determine whether you would be suitable for other positions within Elf. We do not collect any personally identifying information online apart from your name, email, phone number and job application itself that you have voluntarily submitted and that abides by this privacy policy. By submitting your personal data, you consent to this transfer. When we transfer your personal information to other countries where our studios are located, we will protect it as described in this Privacy Notice.
OUR SECURITY MEASURES TO PROTECT YOUR PERSONAL DATA
The security of information is important to us, and we are committed to using reasonable measures to protect the personal information we may collect. We are committed to taking reasonable efforts to secure the information that you choose to provide us, and we use a variety of security procedures to help protect against unauthorized access to or alteration, disclosure, or destruction of Personal Data. We restrict access to Personal Data to our employees, contractors and service providers (described in the “Disclosure of Information” section above) who need to know the information to operate, develop or improve our services.
However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or the information stored on this Site are absolutely secure. Unfortunately, no transmission of Personal Data over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, Elf cannot guarantee or warrant the security of any information you transmit to us, or to or from our online services. Elf has no responsibility or liability for the security of information transmitted via the Internet. If you have questions about this Privacy Policy or the security of your Personal Data, please contact us as indicated under the “Contact Us” section below.
We retain your Personal Data for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. We retain Personal Data collected through the Platforms we process for as long as needed.
HOW YOU CAN ACCESS AND CHANGE INFORMATION
On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
Please note that if you reject cookies or disable cookies, your use of certain features or functions on our Site may be limited.
To find out more about cookies and similar technologies, including how to see what cookies and similar technologies have been set and how to manage and delete them, visit www.allaboutcookies.org and/or or the Network Advertising Initiative’s online resources, at www.networkadvertising.org, and follow the opt-out instructions there. If you access the Websites on your mobile device, you may not be able to control tracking technologies through the settings.
acknowledges that you have the right to access your Personal Data. In case you request us to remove data, we will respond within a reasonable timeframe.
Upon request, Elf will provide you with information about whether we hold any of your Personal Data. You can update or correct your Personal Data or remove it from our system by making a request to us at the contact information provided below. Requests typically receive a response within thirty (30) days. If access cannot be provided within that time frame, we will provide the requesting party with an estimated date by which the information will be provided. If for some reason access is denied, we will provide an explanation of why access has been denied.
If you are an EU Data Subject, please see the “EU Data Subject” section below for information on your rights in relation to the Personal Data we hold about you.
Scope.This section applies if you are an individual located in the European Union or European Economic Area (collectively, “EU”) (“EU Data Subject”). For these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland.
Data Controller. Elf is the data controller for the processing of your Personal Data.
Your Rights. Subject to applicable law, you have the following rights in relation to your Personal Data:
Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to have it rectified or completed. If we have shared your Personal Data with others, we will tell them about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
Right to erasure: You may ask us to delete or remove your Personal Data and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion). If we have shared your data with others, we will tell them about the erasure where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or object to us processing it. We will tell you before we lift any restriction on processing. If we have shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
Right to data portability: Effective 25 May 2018, you have the right to obtain your Personal Data from us that you consented to give us or that is necessary to perform a contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
If we are relying on a legitimate interest to process your Personal Data — unless we demonstrate compelling legitimate grounds for the processing; or
If we are processing your Personal Data for direct marketing.
Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, that affect you, unless such processing is necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent to such processing.
Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on your prior consent.
Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.
You may exercise your rights by contacting us as indicated under “Contact Us” section below.
Legitimate Interest. “Legitimate interests” means the interests of Elf in conducting and managing our organization. For example, we have a legitimate interest in processing your Personal Data to analyze how the Websites, Apps and our services are being used by you, and to ensure network and information security, as described in this Privacy Policy. When we process your Personal Data for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will not use your Personal Data for activities where our interests are overridden by the impact on you, unless we have your consent, or those activities are otherwise required or permitted to by law. You have the right to object to processing that is based on our legitimate interests. For more information on your rights, please see “Your Rights” section above.
Retention of Personal Data
Personal data that we process will not be retained for longer than is necessary for the purpose(s) for which it has been obtained. In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained. Notwithstanding any contrary provisions in this Policy, however, we may retain your Personal Data where such retention is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.
You can tell us at any time not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us as indicated below.
If you have provided us with personal information, you may request that it be updated, modified or deleted. You may do this by sending your request to the following email address: hello@elf.agency.
INAPPLICABILITY OF PRIVACY POLICIES OF ANY LINKED WEBSITES OR THIRD PARTIES
This Privacy Policy only addresses Elf’s use and disclosure of your Personal Data. The Websites and Apps may contain links to other websites, so please be aware that we are not responsible for the privacy practices of other websites, and we are not liable for their misuse of Personal Data.
This Site may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly encourage you to review to better understand their procedures for collecting, using and disclosing personal information. We are not responsible for the content of the linked websites, any use of these sites, or the privacy practices of these sites. We encourage you to be aware that when you go to another website you should carefully read their privacy policy.
CALIFORNIA PRIVACY RIGHTS
In addition to the information provided in this Privacy Policy, under California’s “Shine the Light” law, California residents who provide “personal information” (as defined in the statute) in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year. To obtain this information, please contact us by sending a letter or contacting us via the contact information below.
CHILDREN
This Site and associated apps are not intended for use by or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13. Children under 13 should not use the Website or Apps. Further, this Site is not intended for incapacitated persons, and we do not knowingly solicit personal data from individuals who are incapacitated. If you become aware that your child, any child under your care, or a person otherwise not able to provide valid consent has provided us with information without a parent or guardian's consent, please contact us as described below.
USING OUR TEXT, IMAGERY, VIDEOGRAPHY, AND CONTENT
By using any of the media on our website, whether it is text, images, audio, video, animations or other “content,” you agree that the use is for personal or editorial use and not for commercial purposes. Elf imagery, branding and video cannot be altered or modified in any way, in whole or in part, that disparages Hayden’s, Elf, our brands, holdings, founder, and team.
CONDITIONS OF USE
By using this Site, you consent to the processing of your personal information as described in this Privacy Notice. By using the Websites and our services, you agree to the terms and conditions contained in this Privacy Policy and Conditions of Use and/or any other agreement that we might have with you. If you do not agree to any of these terms and conditions, you should not use the Site and/or any Elf benefits or services. You agree that any dispute over privacy or the terms contained in this Privacy Policy and Conditions of Use and any other agreement we have with you will be governed by the laws of Florida. You also agree to arbitrate any such dispute in Florida, and to abide by any limitation on damages contained in any agreement we may have with you.
If you have any questions about this Privacy Notice or our privacy practices, please feel free to email us at hello@elf.agency or write to us at:
Elf
1 Alhambra Plaza, Floor PH
Coral Gables FL 33134
1.802.735.1298
We reserve the right to change or add to this Privacy Notice from time to time and will post any revisions on this Site. We will indicate at the bottom of the Privacy Notice when it was most recently updated. We encourage you to check back often to review the latest version.
Your continued use of the Site and/or continued provision of Personal Data to us will be subject to the terms of the then-current Privacy Policy. If we make any material changes or if otherwise required by the applicable law, we will notify you by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
January 1, 2015.
Updated October 20, 2017.
Updated May 25, 2018.
Updated Nov 2, 2018.
Updated April 9, 2019.
Updated May 19, 2019.
Updated April 30, 2020.
Updated Nov 17, 2020.
Updated April 24, 2021.
Updated July 2, 2022.
Updated Mar 25, 2023.