Last Updated: July 20, 2012
ATTENTION: PLEASE READ THIS PRIVACY POLICY CAREFULLY. The Elephanti.com website (the "Elephanti Site") and the Elephanti mobile application (the "Elephanti App"), together with all their current and future editions, versions and releases, as well as all their current and future extensions and derivatives (including, without limitation, Elephanti WAP and mobiles sites and Elephanti official pages and channels on third-party social media sites), are referred to hereinafter collectively as the "Elephanti Platform."
IMPORTANT NOTE:
Notice to Residents of Member States in the European Union
Elephanti controls and operates its business from Singapore. Elephanti's online privacy practices are governed by the laws of the United States of America, which may differ from privacy laws in your state or home country. By submitting your personal information to Elephanti or its agents, you consent to the transfer of your personal information outside the European Economic Area to any country and its use and disclosure in accordance with United States law and with this Privacy Policy.
Notice to California Residents - Your California Privacy Rights
Effective January 1, 2005, California Civil Code Section 1798.83 (known as the "Shine the Light" law) provides that, if an individual who is a California resident has provided his/her personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such individual's personal information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom the information was shared. A business may comply with this law by: (1) having EITHER a published privacy policy of not sharing a customer's personal information for third-party direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer's personal information for third-party direct marketing use if the customer has opted out to prevent his/her personal information from being shared for third-party direct marketing use; AND (2) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.
California residents may request an information-sharing disclosure from us by sending your request to the email or postal address specified in "Contacting Us" section below. Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email or mailing address.
1. WHAT INFORMATION WE COLLECT
1.1 Personally Identifiable Information ("PII")
This is any information that can identify or is linked to a specific individual, such as your name, mailing address, telephone number (including mobile number), email address, date of birth, gender, occupation, personal interests, demographic, location and household information, etc. We collect certain PII from you when you register and create an account on the Elephanti Platform, whether as a Consumer User or as a Merchant.
To register and create a Consumer User account on the Elephanti Platform, you must be at least 13 years of age. To register and create a Merchant account on the Elephanti Platform, you must be at least 18 years of age.
Consumer User Profile
When you register and create an account as a Consumer User, we ask for and collect certain PII from you to establish your Consumer User profile, such as your personal name, screen/username, email address, date of birth (for age verification), country/state of residence, and the types of stores, places and brands that are of interest to you. You may also upload personal photos as part of your profile.
You have the option to either keep your profile completely "private" (i.e., not viewable by others, which is the default setting) or make some of your profile information "public" (i.e., viewable by others). By electing to make any of your profile Information "public," you expressly permit others to access, view, store and reproduce your information for their own personal use, and you expressly waive any and all privacy expectations for such published information (including the privacy expectations of those who appear or are mentioned in your published profile information). You understand and acknowledge that when you make any of your profile Information "public," others may use such information to harass or harm you. You acknowledge and agree that Elephanti shall not be responsible or liable for others' use or misuse of any profile information that you choose to make "public."
Please note that certain profile information, such as personal name, email address, mailing address, and phone number, is required to be kept as "private" and cannot be made "public" in your user profile.
Merchant Profile
When you register and create an account as or on behalf of a Merchant, we ask for and collect certain PII from you to establish your Merchant profile, including your personal name, email address, date of birth (for age verification), your business name, business address and contact information, your line of business, and other pertinent information about your business. You may also upload photos about your business as part of your profile.
By creating a Merchant profile, you understand and acknowledge that all profile information about your business will automatically be made "public" (except for your personal name, email address, and date of birth).
Consumer User – Mobile Location Information
When you use the Elephanti App on your mobile device, you have the choice to either accept or decline using the location-based features of the Elephanti App. If you choose to activate and use the location-based features of the Elephanti App, we may receive and collect your location information from your mobile device while you are using such features.
Social Media Features
You can share information with friends and families on the Elephanti Platform and invite them to join Elephanti, including via third-party single sign-on services (e.g., Facebook Connect) (if enabled by us). We store email addresses of your friends/families that you provide to us (including those in your internal Elephanti address/contact book). With your authorization we will send notifications, including invitation reminders, to those email addresses. We do not sell your or third-party email addresses that you provide to us, and we do not use third-party email addresses provided by you to send any communications other than those initiated or authorized by you and invitation reminders from Elephanti (one (1) per email address).
From time to time, we may also enable functionality that allows you to link and associate your profile on the Elephanti Platform with your profiles and accounts on third-party social media sites (e.g., Facebook and Twitter), which may enable you to automatically log into your Elephanti accounts by logging into any of your accounts on third-party social media sites, and vice versa (i.e., single sign-on). If we enable such functionality with one or more third-party social media sites and if you use it on the Elephanti Platform, you acknowledge and agree that your information may be shared between Elephanti and such third-party social media sites in order to implement sign-on integration and linkage of your accounts. Once your information is shared with a third-party social media site, use of your information by such third-party site will be governed by that site's own privacy policy, and not Elephanti's Privacy Policy, and Elephanti does not control and is not responsible for the privacy practices of such third-party site. Similarly, once a third-party social mediate site shares your information with Elephanti, this Privacy Policy will govern use of your information by Elephanti.
1.2 Aggregate and Anonymous Information ("AAI")
This refers to any information that does not identify you individually. For example, we may collect anonymous group data (demographics, media habits, interests and preferences, etc.) about our users. We also collect aggregate traffic data pertaining to the Elephanti Platform, such as: total page views in a given time period; total impressions per ad; average amount of time that visitors spend on the site each time they visit; average amount of time that visitors spend on each page of the site; percentage of visitors from a certain geographical area, etc. Moreover, we may combine User Activity Information (as defined below) about you and other users of the Elephanti Platform to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users and audiences as a group. In addition, we may take PII and make it non-personally identifiable, such as by aggregating your information with information about other users, or by removing personally-identifiable elements (such as names) so as to "de-personalize" your information.
1.3 User Activity Information ("UAI")
This refers to information we may collect about user activities on the Elephanti Platform. For example, our servers may automatically collect and log "clickstream data" for all visitors to the Site, such as IP addresses (which are numerical numbers that are automatically assigned to users' computers and mobile devices when they are surfing the Internet), page requests, pages visited, browser type, content viewed, clicks and search queries made, etc. We also uses cookies and/or similar devices to collect UAI on the Elephanti Platform (see "Cookies and Similar Tracking Technologies" below for more information).
To the extent we use UAI in a manner that identifies a specific user individually (e.g., if we link or associate such information with a user's name or address), such information will be treated as PII. Otherwise, UAI will be treated as AAI.
2. WHAT WE DO WITH THE INFORMATION COLLECTED
2.1 Our Use of PII
When you register and create a profile on the Elephanti Platform (either as a Consumer User or a Merchant), we use your profile information (including PII) to establish, administer and maintain your account and profile.
If you are a Consumer User, we also use your profile information (including PII) to do the following; (1) matching your interests with Merchants and providing you with information about matching Merchants and their products or services; (2) processing and responding to search queries and other requests from you (e.g., requests for creating shopping lists, comparing prices, finding a nearby location of a Merchant, etc.); (3) serving you interest-based ads (including "push ads") from our Merchants (as more fully described in the "Interest-Based Advertising" section below); (4) sending you notices, alerts, announcements, etc. via email and mobile messaging, to inform you about updates, new product/service features, offers, promotions, etc. from Elephanti and/or our Merchants (subject to your opt-in/opt-out choices described in Sections 3.2 and 3.3 below); and (5) enabling "Check-In" through the Elephanti App when you visit a Merchant's store (as more fully described in the "Customer Check-In" section below).
Also, whether you are a Consumer User or a Merchant, we use your email address to send you notices of a transactional, administrative or relationship nature or as required by law, such as electronic notification of a customer Check-In at a Merchant's store, notification of a material change in this Privacy Policy, the Consumer End User Agreement and/or the Merchants Agreement, notification of an actual or suspected security breach that affects your information stored by or for us, public relations announcements, etc.
Customer Check-In
If you have location-based features of the Elephanti App activated on your mobile device, you can "check-in" via the Elephanti App upon entering a Merchant's store ("Check-In") and the Merchant will be notified electronically that you have entered the store. Once the link is established by your Check-In, the following will occur:
Interest-Based Advertising
By creating your account and Consumer User profile on the Elephanti Platform, you acknowledge and agree that we may serve you advertising from our Merchants based on your interests that are gathered through your profile and your activities and behaviors on the Elephanti Platform. For example, if you have indicated in your profile that you are interested in the XYZ store or brand, then you may receive ads about the XYZ store or brand. As another example, if you have previously searched for the ABC store or brand on the Elephanti Platform, then you may receive ads about the ABC store or brand.
For your opt-out choices with respect to interest-based advertising, please see Section 3.3 below.
Email Marketing
By providing your Internet (non-wireless) email address to us, you acknowledge and agree that we may send you marketing/promotional emails to inform you about updates, new product/service features, offers, promotions, etc. from Elephanti and/or our Merchants.
For your opt-in/opt-out choices with respect to email marketing, please see Sections 3.2 and 3.3 below.
2.2 Disclosure of PII to Third Parties
As a general matter, Elephanti does not share your PII with Merchants or any third parties, except in the following limited circumstances:
2.3 Use and Disclosure of AAI
Given the anonymous, non-personally identifiable nature of AAI, there are no restrictions under this Privacy Policy on how we may use, disclose or share such information. For example, we may freely share AAI with our Merchants and business partners who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share AAI with our Service Providers in order for them to perform services to us.
3.INFORMATION ACCESS & CHOICES
3.1 Information Access
If you have an active account on the Elephanti Platform (whether as a Consumer User or a Merchant), you may access and update your account and profile information (including preferences) at any time (subject to the scheduled maintenance of the Elephanti Platform), by logging into your account and clicking on "My Profile."
3.2 Consumer User Choices: Opt-In
If you are a Consumer User, the following will be subject to your opt-in consent (e.g., by affirmatively checking a consent box):
In other words, we will not track, collect or use your mobile location information, or send you information to your wireless email account, except with your opt-in consent.
3.3 Consumer User Choices: Opt-Out
As a Consumer User, you also have the opt-out choices described below. Your opt out election, once processed by us, will stop, on a going-forward basis, the activity that is the subject of your opt-out. We will endeavor to honor your request no later than 10 business days after receipt (or within such other applicable time period as required by law).
NOTE: For emails, your opt-out will stop further marketing/promotional emails from us BUT will NOT stop email communications from us relating to your Identification Activity, of a transactional, administrative or relationship nature, or as required by law, such as notification of a material change in this Privacy Policy and/or our Consumer End User Agreement, notification of an actual or suspected security breach that affects your PII stored by or for us, public relations announcements, etc.
4. Cookies & Similar Tracking Technologies
A "cookie" is a small amount of data that is sent to your browser from an Internet server and stored in your computer. On the Elephanti Platform, we use cookies (including Flash cookies) to store user preferences, account status, traffic origination, and to record session information, for purposes including ensuring that users are not repeatedly offered the same Merchant ads and to customize newsletter, advertising, and Web page content based on browser type and user profile information. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browsing session, while others will remain for longer periods of time or will remain unless and until deleted by users. You may be able to configure your browser to accept or reject all or some cookies (other than Flash cookies), or notify you when a cookie (other than a Flash cookie) is set — each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences — however, you must enable cookies from Elephanti in order to use most functions on the Elephanti Platform. For more information about Flash cookies and how to remove them from your computer, please see the section below entitled "SPECIAL NOTE – Flash Cookies."
In addition, Elephanti may use so-called "pixel tags," "web beacons," "web bugs," "clear GIFs," etc. (collectively "Web Beacons") to collect information about your visits to the Elephanti Platform. These are small electronic images embedded in web content (including online ads) and email messages and are ordinarily not visible to users. Like cookies, Web Beacons enable us to track pages and content (including ads) accessed and viewed by users on the Elephanti Platform. Also, when we send HTML-formatted (as opposed to plain text) emails to our users, Web Beacons may be embedded in such emails to allow us to monitor readership levels so that we can identify aggregate trends and individual usage to provide our users with more relevant content or offers. Web Beacons in emails may recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web Beacons cannot be declined when delivered via a regular web page. However, Web Beacons can be refused when delivered via email. If you do not wish to receive our Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
Please note that Elephanti may allow Merchants and other third-party advertisers (including those that are serving their own ads on the Elephanti Platform, as well as those so-called "network advertisers" or "ad networks" who are serving and managing ads for others) to set and use their own cookies (including Flash cookies) and/or Web Beacons on your computer when you visit the Elephanti Platform. These cookies and Web Beacons allow third-party advertisers to recognize your computer or mobile device each time they send you an ad and to compile information about where you, or others who are using your computer or mobile device, saw their ads and determine which ads are clicked on. The information so compiled allows third-party advertisers to deliver targeted advertisements that they believe will be of most interest to you.
Use of cookies (including Flash cookies) and Web Beacons by Merchants and other third-party advertisers is governed by the privacy policies of those Merchants and other third-party advertisers – not by the Elephanti Privacy Policy. Elephanti has no control over what information is collected by Merchants and other third-party advertisers or how they may use the information. The privacy policies and data practices of Merchants and other third-party advertisers may significantly differ from those of Elephanti, and Elephanti makes no representation or warranty whatsoever about third-party advertisers' data policies and practices. For more information regarding the data practices of some of these third-party advertisers and how to opt out of their use of your information, please visit: networkadvertising.org and networkadvertising.org.
The Elephanti Platform may also include links to and/or enable certain third-party Internet functionalities to enhance your online experience, including, without limitation, social plug-ins, tools and APIs. Prior to using any third-party functionalities on the Elephanti Platform, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook). Once again, we have no control over what information is collected by such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their data policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.
SPECIAL NOTE – Flash Cookies
To learn what "Flash cookies" (also known as "local shared objects" or "LSOs") are and what they do, please visit: adobe.com and epic.org.
Flash cookies cannot be rejected, disabled, turned off, opted out, or deleted in the same way as regular cookies such as HTML cookies. Flash cookies may remain on your computer even after you have rejected, disabled, opted out, or deleted regular cookies. For information on how to manage and remove Flash cookies, please visit: adobe.com epic.org, aboutcookies.org or macromedia.com.
Please note that, in addition to Elephanti's Flash cookies, third-party advertisers may set and use their own Flash cookies for user tracking purposes when serving and managing ads on the Elephanti Platform.
SPECIAL NOTE – DoubleClick's DART Cookie,
Elephanti may allow third-party advertisers to use DoubleClick's DART cookie when serving ads on the Elephanti Site. DoubleClick's DART cookie enables the serving of ads through DoubleClick's ad-serving technology. Such cookie is placed on your computer when you are browsing the web and visit a site that supports ads delivered using DoubleClick's ad-serving technology (including some Google AdSense advertisements). This cookie is a "persistent" cookie, meaning that it is saved into the cookie folder on your computer's hard drive and will remain in that folder even after you close your web browser. This cookie is used to serve ads specific to you and your interests ("interest-based advertising"). The ads served will be targeted based on your previous browsing history. DoubleClick's DART cookie uses "non-personally identifiable information." It does not track personal information about you, such as your name, email address, physical address, telephone number, social security number, credit card/debit card number, or other financial account information.
To opt-out of DoubleClick's DART cookie and associated interest-based advertising, please visit: doubleclick.com.
PLEASE NOTE that if you erase or otherwise alter your browser's cookie file (including upgrading certain browsers), you may need to opt out again. PLEASE NOTE also that opting out of the ad-serving cookie does not mean that you will stop seeing pop-up ads or banner ads embedded in websites! You can control many pop-ups by using free software available on the Internet or by disabling JavaScript on your browser.
If you wish to disable cookies selectively or entirely, you may do so through your individual browser options or using special software. By choosing not to accept cookies you agree that Elephanti or other third party may place a cookie on your system to ensure your opt out preference is remembered. More detailed information about cookie management with specific web browsers can be found at the browsers' respective web sites. Alternatively you can use the guide at aboutcookies.org.
More information on DoubleClick's DART cookie can be found at: doubleclick.com.
5. Links to Third-Party Sites, Products and Services
The Elephanti Platform may include links to websites, products and services of third parties, including those of Merchants. Also, the Elephanti Platform may display Merchant and other third-party ads, and clicking on such ads may take you to the websites of those advertisers. Elephanti has no control whatsoever over Merchants or other third parties, or their websites, products or services. Once you enter a third-party site, this Privacy Policy will no longer apply, and any information collected from or about you on that third-party site will be governed by the privacy policies and practices of that third party. Third-party sites (including Merchants' own websites) do not follow our Privacy Policy and their privacy practices may be substantially different from this Privacy Policy. Such third-party sites may send their own cookies to you and may collect data about you and make use of that data in ways that we would not. You access such third-party sites, services or products entirely at your own risk. You should always review and understand the privacy policies and practices for such third-party site, service or product before disclosing any personal information on such site or in exchange for such product or service.
6. Public Forums
By posting your information in any public area of the Elephanti Platform (e.g., message boards, Merchant reviews/rating, etc.), you expressly permit others to access, view, store and reproduce such information for their own personal use. You also acknowledge that when you post personal information in any public area of the Elephanti Platform, your information may be seen and used by others, and that it may also be possible for others to obtain personal information about you due to your use of such public area. Others may use such information to harass or harm you. By using the Elephanti Platform, you acknowledge and agree that Elephanti shall not be responsible or liable for others' use or misuse of any information about you or your family or friends that you post or allow others to post in any public area of the Elephanti Platform.
7. Security
Consumer User and Merchant accounts on the Elephanti Platform are secured by user-created passwords. We take reasonable technical and organizational precautions to ensure that your account access information is kept private. We use commercially reasonable measures to protect your PII that is stored within our databases, and we restrict access to your PII to those employees, agents, representatives, and Service Providers who need access in order to perform their duties and services to us. However, we do not warrant or guarantee that these efforts will completely protect your PII. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your PII at any time. We will endeavor to notify you in the event that the security of your PII is breached or compromised. By submitting PII on the Elephanti Platform, you expressly consent to receiving our notification regarding any breach or compromise, or suspected breach or compromise, of the security of your personal information, via email or postal mail, as we deem appropriate, and as required by law. For any additional information about the security measures we use on the Elephanti Platform, please contact us at security@elephanti.com.
We urge you to keep your password and other account access information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit to the Site or another other part of the Elephanti Platform. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an internet cafe.
8. Data Retention
We retain your PII for as long as your Elephanti account is active or as needed to provide you Elephanti products or services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our applicable agreement with you.
AAI and UAI (except for UAI that has been merged or linked with PII) may be retained by us indefinitely.
9. Miscellaneous Provisions
9.1 Protecting Children
Elephanti is committed to protecting the privacy needs of children and we urge parents and guardians to monitor and supervise their children's online and mobile activities. The Elephanti Platform is not intended for use by anyone under the age of 13. In any event, Elephanti does not knowingly collect information from children under the age of 13.
9.2 Changes in Our Privacy Policy
From time to time, we may change this Privacy Policy in whole or in part, to accommodate new technology, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. If you are a registered Consumer User or Merchant on the Elephanti Platform, we may notify you of material changes to this Privacy Policy via email and/or may ask you to affirmatively acknowledge and consent to such changes (e.g., by checking a box or clicking a button) at the time of your next account log in on the Elephanti Platform. By continuing to use the Elephanti Platform after such notice and/or acceptance, you agree to be bound by this Privacy Policy as modified.
9.3 Contacting Us
If you have any questions about this Privacy Policy or our data practices, or if you would like to obtain a copy of the PII we hold on you, please contact Nawaal Qasim via email at copyrights@elephanti.com, or via postal mail at Elephanti, Att: Privacy Dept., Level 26, Prudential Tower, 30 Cecil Street, Singapore 049712, or via facsimile at Fax No. +65-6637-8880.
