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Privacy Statement (GDPR)

Welcome to the Element78’s privacy policy. respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

1. Important information and who we are

Purpose of this privacy policy

1.1 This privacy policy aims to give you information on how collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter OR purchase a product or service.

1.2 This website is not intended for children and we do not knowingly collect data relating to children.

1.3 It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.


2. Contact

2.1 Under the Data Protection Acts you have a right to lodge a complaint with the Office of the Data Protection Commissioner if you have made a data access request and feel that we have not complied fully with the provisions of the Acts.

2.2 We would, however, appreciate the chance to deal with your concerns before you approach the DPC, so please contact us in the first instance.


3. Changes to the privacy policy and your duty to inform us of changes

3.1 We keep our privacy policy under regular review.  It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

3.2 This Privacy Statement will be the subject of change and the use of information that we gather shall be subject to the privacy notice in effect. It shall be your responsibility to check our Website frequently to see recent changes


4. Content

4.1 The information provided on this website is not intended to be advice in any form and you should undertake your own research.

5. Third-parties

5.1 This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

5.2 We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential as part of their contract with Element78 and adhere to the Data Protection Acts.


5.3 We may also release your personal data where compliance with legal requirements is a necessity. We also reserve the right to enforce our site policies in order to protect our rights and the rights of other individuals in a manner that is safe and compliant with the law.


6. The data we collect about you

6.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).


6.2 We may collect, use, store and transfer different kinds of personal data about you as follows:

  • Identity Data

  • Contact Data

  • Financial Data Transaction Data

  • Technical Data which includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. 

  • Usage Data includes information about how you use our website, products and services.

  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

  • We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose.


6.3 We do not collect any Special Categories of Personal Data about you.


7. If you fail to provide personal data

7.1 Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services).


7.2 In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.


8. How is your personal data collected?

8.1 We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your [Identity, Contact and Financial Data] by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

    • apply for our products or services;

    • create an account on our website;

    • subscribe to our service or publications;

    • request marketing to be sent to you;

    • enter a competition, promotion or survey; or

    • give us feedback or contact us.

  • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy on this website or further details.


8.2 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • Where we need to comply with a legal obligation.


8.3 Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

9. Purposes for which we will use your personal data

9.1 We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

9.2 Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data. 

9.3 We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

10 Promotional offers from us

10.1 We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

10.2 You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

11. Opting out

11.1 You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

11.2 Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

12. Cookies

12.1 Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

12.2 We use cookies to track your usage of the Website and compile anonymous data about site traffic and site interaction so that we can offer better site experiences and tools in the future. This website uses Google Analytics to gather anonymous statistics about visitors to the site and which pages are visited.

12.3 If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly.

12.4 For more information on cookies, see our Cookies Statement.

13. Change of purpose

13.1 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

13.2 If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.


14. Disclosures of your personal data

14.1 We may share your personal data with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

14.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.


15. International transfers

15.1 We do not transfer your personal data outside the European Economic Area (EEA).


16. Data retention

How long will you use my personal data for?

16.1 By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for five years after they cease being customers for tax purposes.

16.2 In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.


17. Sale of Business

17.1 We reserve the right to transfer information (including your Personal Data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Website Privacy Policy and provided that the third party only uses your Personal Data for the purposes that you provided it to us.


17.2 You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.


18. Your legal rights

18.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data.

18.2 These include: Request access to your personal data, Request correction of your personal data, Request erasure of your personal data, Object to processing of your personal data, Request restriction of processing your personal data, Request transfer of your personal data, Right to withdraw consent.


18.3 If you wish to exercise any of the rights set out above, please contact us.


19. Accessing your personal data

19.1 Under Section 3 of the Data Protection Acts you have a right to find out, free of charge, if Element78 holds personal information about you. You have the right to be given a description of the personal data and to be told the purpose(s) for holding your information. You must make this request in writing to Data Protection Manager, Element78, One Georges Quay Plaza, Dublin 2. Please enclose proof of identity and we will reply writing 21 days. One Quay


19.2 Under Section 4 of the Data Protection Acts you have a right to obtain a copy of any personal data that Element78 hold relating to you. You can request this information by writing to the Data Protection Manager, Element78, One Georges Quay Plaza, Dublin 2. Please enclose a cheque for €6.35, proof of identity and as much specific information in order to assist us to locate the data that you are interested in accessing and we will reply within 40 calendar days.


19.3 Under Section 6 of the Data Protection Acts you have a right to have your personal data corrected, if inaccurate, or erased. We will use reasonable efforts to correct or delete information about you on our files unless we have a legitimate reason for retaining the data. You must make this request in writing to Data Protection Manager, Element78, One Georges Quay Plaza, Dublin 2. Please enclose proof of identity and we will reply writing 40 days.


19.4 Under the Data Protection Acts you have a right to lodge a complaint with the Office of the Data Protection Commissioner if you have made a data access request and feel that we have not complied fully with the provisions of the Acts.


20. Disclaimer


20.1 Neither Element78, its directors, employees, servants or agents, consultants or sub-contractors shall be liable in respects of any claims, liabilities, costs, demands, causes of action, damages, losses, expenses (including without limitation, reasonable legal fees and costs of proceedings) arising out of or in connection with your access to or use of the Website.


21. Governing law and jurisdiction


21.1 This Privacy Statement is governed by the laws of Ireland and is subject to the exclusive jurisdiction of the Irish courts.



22. Contacting Us


22.1 If you have any questions regarding this privacy statement or any other matters relating to our privacy policy generally, you may contact us using the information below:


Data Protection Manager


One Georges Quay Plaza

Dublin 2


23. Glossary


23.1 Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

23.2 Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

23.3 Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

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