Effective Date:  June 22, 2022

Welcome to the website https://eliaelia.co/ (“Site”) operated by ELIA ELIA, INC., an Illinois corporation (“Elia”, “we” or “us” or “our”). The terms “you”, “your”, and “yours” refer to the person using, visiting or accessing the Site.  

This Privacy Policy is a part of, and is incorporated into, the ELIA ELIA, INC. Terms of Use and Sale.

We have implemented this Privacy Policy (“Privacy Policy”) to describe the types of information that we collect, what we do with it, how we protect it and when we disclose it to third parties, as well as your rights to it. 

This Privacy Policy contains a binding arbitration requirement in Dispute Resolution below.

How You Agree To This Privacy Policy

You agree to this Privacy Policy by visiting the Site. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, THEN DO NOT USE, VISIT OR ACCESS THIS SITE.

As a Shopify-Powered Site, The Shopify Privacy Practices Apply

This Site is powered by Shopify. Shopify provides the platform, code and payment processing for any products you buy on this Site. Shopify websites have certain features and functions that we do not and cannot control. Please see the Shopify Privacy Policy and the Shopify Cookie Policy for information about how your personal information may be collected and handled by Shopify. 

Categories of Information We Collect Through the Site

PERSONAL INFORMATION. We collect information that can be used to identify you personally (“personal information”) which may include the following: 

Basic Information. We collect basic information such as your name, mailing address, location, company name, telephone number, and email address.

Computer Information. We may collect information about your computer hardware and software, such as the operating system (eg: Windows or Apple) and web browser (eg: Chrome or Microsoft Internet Explorer) you use to use, visit or access this Site.

Browsing Information.  We may collect the following information automatically using cookies and the Site’s built-in technology: (a) the IP address from which you accessed our Site; (b) the domain name of the internet service you use; (c) the date and time of your visit, which pages on the Site you visit and the duration of your page and site visits; (d) the address of the previous website you visited and if you arrive to us from another site’s link; (e) browser type, browser version and unique device identifiers and other diagnostic data; (f) if you access the Site through a mobile device, the type of mobile device, your mobile device’s unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. We may also collect information that your browser sends whenever you visit the Site.

Social Media Information. If you register through or otherwise grant us access to a third-party social media service, we may collect social media information that is personal information associated with a social media account, such as your name, your email address, your activities or your contact list associated with that account. If you share information with us through your social media account, you are giving us permission to use, share, and store it in a manner consistent with this Privacy Policy.

Payment Information. If you purchase products from us, we will collect the amount and date of your payment (or nonpayment). 

Financial Information. We do not collect your financial information. We engage a third party payment processor – currently Shopify - to collect any and all financial information including without limitation credit card information to process all purchase transactions. This information is collected and held subject to the privacy and data security policies and promises of Shopify, our third party payment processors.

How We Collect This Information

YOU PROVIDE IT TO US. We will collect personal information that you voluntarily provide to us when you use this Site. For example, if you sign up with us, or sign up to receive updates, participate in polls or surveys, submit information through a form on our site or similar page, or send us any message, we will collect information that you provide to us in such request, submission, or message. We may also collect any message or other material you may post or submit through the Site or to us by email. We may also collect personal information about you from third parties.

WHEN YOU SIGN UP FOR COMMUNICATIONS. When you sign up to receive updates, newsletters or communications from Elia or join our mailing list on the Site we may ask you for contact information, such as your name, email address, phone number, website, occupation, social media handle(s), mailing address, as well as information about your interests.  

WHEN YOU ORDER PRODUCTS THROUGH THE SITE. When you make a purchase or try to make a purchase of product through our Site, we collect information you provide to us, like your name, address, email address and phone number – we call this “Order Information”.

THROUGH COOKIES. Like many operators of websites, our Shopify-powered Site uses tracking software and similar technology that automatically collects information about your computer hardware and software, and your use of the Site and your browsing trajectory on our Site. The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies used by us through Shopify are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device. 

Below are some of the technologies and techniques we may use to automatically collect information from or about you:

Cookies. Cookies are bits of electronic information that a website can transfer to a visitor’s hard drive to help tailor and keep records of their visit. Cookies allow website operators to better customize visits to the site to the visitor’s individual preferences. Many commercial web sites use cookies. Although most web browsers automatically accept cookies, you can usually change your browser to prevent or notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept it. However, if you set your browser to not accept cookies, you may not be able to access certain features on the Site.

Flash Cookies. Flash cookies (also called Local Shared Objects or LSOs) are data files similar to cookies, except that they can store more complex data. Flash cookies are used to remember settings, preferences and usage, particularly for video, interactive gaming and other similar services. Please see the Shopify Privacy Policy and the Shopify Cookie Policy for information about how your personal information may be collected and handled by Shopify.

Log Files. Log files track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

Web Beacons. Web beacons, tags, and pixels are electronic files used to record information about how you browse the Site.

THROUGH SOCIAL MEDIA AND SHARE LINKS. When you like or follow us on Facebook, Instagram, LinkedIn, Twitter or other social media sites, we may collect your information. This information may include your name, image, email address, social media handle(s), social media friends and any comments or content you post. We may also collect your information if you sign up for one of our promotions or submit information to us through Facebook, Twitter or another social media site. These links may include the use of so-called “share links.” A share link is a button and/or text link appearing on  the Site that launches a sharing mechanism that allows you to post links to, and content from, the Site onto other websites. 

Why We Collect and Use This Information

PURPOSE. Our primary purpose in collecting information is to provide you with products, services, experiences and information that relate to the reasons you signed up with our Site or for our products or services, as well as to provide you with ads that match your interests. We may also use information to conduct research and analysis or to improve the Site and our products and services. 

FILL YOUR ORDERS. We use Order Information to fill your orders for products. We also use this Order Information to notify you about our products, services and sales, understand your preferences, improve or expand our products, services and content, improve our Site, improve our payment processes and fulfillment processes and even detect potential fraud. 

YOUR EXPERIENCE. We collect and use your personal information and other information to help us improve your experience on the Site. In addition, your personal information helps us notify you about our latest announcements, special offers and sales.

COMMUNICATE WITH YOU. We collect and use your personal information and other information to communicate with you about Elia and our activities. We collect personal information 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 communications concerning features, services or products you have contracted for, security updates, or your experience with the Site or our products/services. 

OPERATE THE SITE. We collect and use all personal information for the operation of the Site and to provide general statistics regarding use of the Site. We collect personal information to manage your account and to manage your registration with the Site, or to provide you with features available as a registered user. 

TO MANAGE YOUR REQUESTS. We collect personal information to manage your requests to us.

How We Protect Your Personal Information

STORAGE. When we collect information including personal information, we include it in our computerized databases and records of customers and potential customers. We use reasonable practices to protect your information from unauthorized access or disclosure. We use secure servers and we have security measures in place to protect against loss, misuse and unauthorized access to personal information. While we will use such efforts, we cannot and will not act as insurers of the security of your personal information. Accordingly, you acknowledge and agree that we will not be liable for any disclosure of data to third parties whether due to errors in transmission, unauthorized third-party access or other acts of third parties, or acts or omissions beyond our reasonable control.

LIMITED ACCESS. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and who are required to keep the information confidential.

NO SALE. We will not sell any of the personal information about you we collect to any third party.

When We Disclose Your Personal Information

PURPOSES. We will not disclose your personal information to third parties without your consent, except as described in this Privacy Policy. 

AFFILIATES. We may share your personal information with our affiliates. Our affiliates include our technology consultants and webmasters, including without limitation Shopify, as well as customer service representatives and contractors who we engage or partner with to provide products, services, support and marketing to our customers and potential customers, such as fulfilling orders, delivering packages, sending postal mail and emails, analyzing customer data, providing marketing assistance, processing payments, investigating fraudulent activity, conducting customer surveys and providing customer service. We also 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/privacy/. You can also opt-out of Google Analytics here:     https://tools.google.com/dlpage/gaoptout. 

BUSINESS PARTNERS. We may share your contact information with third parties that have products or services that we believe may be of interest to you.

INTEREST-BASED ADVERTISING. Interest-based advertising allows people to display personalized ads and messages to users based on their web-browsing behavior. We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.  You may be able to opt out of interest-based advertising by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.networkadvertising.org/ and/or by visiting these services: 

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

DISCLOSURE TO SUCCESSORS. We may disclose your personal information to any actual or potential successor-in-interest of ours, such as a company that is seeking to acquire us, invest in us, merge with us, or that does acquire us or our business or any part of our business.

SITE ADMINISTRATORS. We may disclose your personal information to third-party service providers who help us provide, build or maintain the Site, including without limitation Shopify. We require by contract that these third-party service providers implement and maintain reasonable practices to protect your personal information. 

EMERGENCY. We may disclose your personal information to prevent an emergency, to protect or enforce our rights, to protect against suspected fraud, to protect or enforce the rights of a third party or as required or permitted by law (including, without limitation, to comply with a subpoena or court order).

AGGREGATE INFORMATION. We may share aggregate information about our customers for educational, research, analytic or benchmarking purposes. When shared in this form, no individual customer is identified.

RELATED COMPANIES. We may share your personal information with companies that are related to us (that is, companies that control us, are controlled by us or are under common control with us). 

WITH OTHER USERS. When you share personal information or otherwise interact in the public areas with other users, that information may be viewed by all users and may be publicly distributed outside the Site. If you access the Site through a third-party social media service, your contacts on that third-party social media service may see your name, profile, pictures and activity information; and other users may be able to view the same personal information.

LAW ENFORCEMENT. We may be required to disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). 

OTHER LEGAL REQUIREMENTS. Elia may disclose your personal information in the good faith belief that such action is necessary to: (a) comply with a legal obligation; (b) protect and defend the rights or property of Elia; (c) prevent or investigate possible wrongdoing in connection with the Site; (d) protect the personal safety of users of the Site or the public; or (e) protect against legal liability.

How long we keep your personal data

We retain personal information for no longer than necessary to fulfill the purposes for which it was collected and used, as described in this Privacy Policy, unless a longer retention period is required or permitted under applicable law. As permitted under applicable law, even after you stop using the Site or our services, we may still retain your personal information. However, your personal information will only be identified, reviewed, accessed or processed as required or permitted by law or in accordance with this Privacy Policy.

About Children’s Personal Information

We are not targeting the Site to children, and we do not knowingly collect contact or personal information from children under the age of 13. 

Links to Other Websites

The Site 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. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

who you contact

 You have the following choices with how your information is used:

If you want to…

… then you should:

… know the types of personal information we have collected about you

… email or write to us at any time by contacting us at the email address or mailing address listed below.

…update or correct your personal information 

… send us a note at the email address or mailing address listed below, and include in your note: 

all of the incorrect personal information that you wish to change, 

the corrected personal information, and 

your signature authorizing such changes. 

… no longer receive newsletters and promotional emails

… click on the ’unsubscribe’ link at the bottom of any promotional email that you receive. 

… stop receiving marketing communications from us

… email or write to us at any time by contacting us at the email address or mailing address listed below.

If you have any questions about our privacy or security practices, you can contact us by mail or email: 

ELIA ELIA, INC.

1 East Erie St

Suite 525-4663

Chicago, IL 60611

privacy@eliaelia.co

If we need, or are required, to contact you concerning any event that involves your personal information, we may do so by email or mail.

DISPUTES AND GOVERNING LAW

GOVERNING LAW/CONSENT TO JURISDICTION. Any Disputes or actions arising out of, or in any manner affecting the interpretation of, this Privacy Policy, any other service or product, whether under this Privacy Policy or otherwise will be governed solely by, and construed solely in accordance with, the laws of the United States and State of Illinois, excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.  If for any reason a Dispute proceeds in court rather than in arbitration (as prescribed below), YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS LOCATED IN CHICAGO, ILLINOIS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS PRIVACY POLICY OR YOUR USE OF THE SITE.

DISPUTE RESOLUTION.  Any dispute, controversy or claim arising out of, relating to, or in connection with this Privacy Policy, or the breach, termination, or interpretation or validity thereof, or any transaction, communication or actions arising out of your use of the Site (“Dispute”), will be resolved as follows: 

First, to the extent possible, you and we will attempt to resolve the Dispute within forty-five (45) days through discussions held in good faith. 

Second, if the Dispute has not been resolved after the 45-day discussion period, then any party who pursues the Dispute shall refer the Dispute or claim to American Arbitration Association under its Commercial Mediation Procedures, for mediation in Chicago, Illinois for a period of one hundred twenty (120) days. 

Third, if the Dispute is not settled by mediation within the 120-day period, then any party who determines to pursue the Dispute shall refer such Dispute to arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. 

ARBITRATION. Disputes submitted to arbitration will be heard by a single arbitrator, unless the claim amount exceeds $250,000, in which case the dispute will be heard by a panel of three arbitrators. The place of arbitration will be Chicago, Illinois. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings, though hearings may be conducted virtually with the prior written consent of both parties to this Privacy Policy. 

We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. An arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). 

The arbitration and any proceedings conducted hereunder will be governed by the laws of the State of Illinois, Title 9 (Arbitration) of the United States Code and by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958. Each party will bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. 

Notwithstanding any language to the contrary, the parties hereby agree that the arbitrator’s decision will be final and nonappealable. The arbitrator’s decision may be entered in any court having jurisdiction thereof for enforcement. 

Of course, any Dispute may be resolved at any time by a written agreement between the parties. 

If, for any reason, a Dispute proceeds in court rather than in arbitration we and you each waive any right to a jury trial. 

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Privacy Policy mandatory arbitration by sending written notice of your decision to opt out to: arbitrationoptout@eliaelia.co within 30 days after first becoming subject to this Privacy Policy. Your notice must include your name and address, your Elia username (if any), the email address you used to set up your Elia account (if you have one), and an unequivocal statement that you want to opt out of this Privacy Policy mandatory arbitration. If you opt out of this Privacy Policy mandatory arbitration, all other parts of this Privacy Policy will continue to apply to you. Opting out of this Privacy Policy mandatory arbitration has no effect on any other Privacy Policy mandatory arbitrations that you may currently have, or may enter in the future, with us.

How and When the Privacy Policy is Updated/How You will be Notified of these Changes

We reserve the right to change, add, subtract, update or amend all or any part of this Privacy Policy at any time without notice to you. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice. Each version of this Privacy Policy will be identified at the top by its effective date. All changes will be effective immediately when we provide notice of them. 

Notices for California Residents

NOTICE TO CALIFORNIA RESIDENTS. California residents may ask us to describe what categories of personal information we share with affiliated companies or third parties for their direct marketing purposes, and the names of those companies. You may receive a copy of this notice by submitting a written request to us at the addresses listed in the “Who You Contact” section. 

DO NOT TRACK POLICY AS REQUIRED BY CALIFORNIA ONLINE PRIVACY PROTECTION ACT (“CALOPPA”). Our Site does not respond to Do Not Track signals.  

NOTICES FOR CANADIAN RESIDENTS

NOTICE TO CANADIAN RESIDENTS. We and our affiliates and our Canadian, US, and other service providers may process and store your personal information in a country outside of Canada, and the governments, courts, or law enforcement of that country may be able to obtain disclosure of personal information through the laws of the foreign country. Under the laws of a foreign country, in certain circumstances, we may be required to provide your personal information in response to a search warrant or other legally valid inquiry or order.

We are committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at hello@eliaelia.co with “Accessibility” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement.  We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. While we do not control third party vendors, we strongly encourage vendors of third-party digital platforms to proved content that is accessible and user friendly.