Privacy Policy

DATED 2011-04-29 · VERSION 20190603_rev01 · COMPARED WITH 20190201_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20190201_rev01 to 20190603_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+Purpose of the Privacy Policy.
+### Purpose of the Privacy Policy.
 Elegant Themes, Inc. ("Elegant Themes", "we" or "us") is a WordPress Theme & Plugin company, which means we build web software that people (our "Clients") can use to power their websites (our "Service"). People who run their websites on WordPress, or web development agencies that build websites for their clients on WordPress, can purchase our Themes & Plugins to assist them in the creation of those websites. Our Themes are pre-made templates that change how the website looks, while the plugins add functionality of some kind (much like an App in the IOS App store). Clients in turn make their websites available to their customers ("End Users") and may in turn collect information from them.
 We are committed to respecting and protecting the privacy rights of Clients and their End Users, and we created this Privacy Policy to give you notice of how your private information will (and will not) be used by us. This Privacy Policy provides information on our policies and procedures regarding the collection, use and disclosure of personal information we receive from (1) Clients, (2) End Users who download and use the websites created by Clients ("End Users"), and (3) visitors who simply browse the Site or Apps ("Visitors").
 End Users may be asked by Clients to provide additional information to them, including your personally identifiable and other information, to be used and shared pursuant to their own privacy and confidentiality policies, and we may collect and share information related to interactions by End Users with the respective Client. We encourage you to read the Clients' privacy policies. **We are not responsible for the use of your information by any Clients, and disclaim any liability related thereto.**
 **By using or accessing the Service in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.**
 Remember that your use of the Service is at all times subject to the [Terms of Service](https://www.elegantthemes.com/policy/service/) \[http://www.elegantthemes.com/policy/terms/\], which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.
 This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes.
+What Information Do You Collect and How Do You Collect It?
+### What Information Do You Collect and How Do You Collect It?
 At various times, you could be asked to provide information such as your name, email address, contact phone number or other information. Information collected is often defined as being either anonymous or personally identifiable:
 Anonymous Information refers to information that cannot be tied back to a specific individual. For instance, we may know that thousands of people have visited this Privacy Policy, but we do not necessarily know their names, where they live, or their date of birth. What we collect from visits such as this constitutes anonymous information. You do not have to provide us with any personal information. Some of the individuals who access our Services decline to use the personalization features that are available to them, and therefore those individuals are anonymous to us and the only data we collect about them is anonymous information.
 Personally Identifiable Information refers to information that tells us specifically who you are, such as your name, email address, or phone number. Downloading information or logging in may allow the Company to "recognize" you to allow us to personalize our service for you.
 Due to the nature of the Service, except to assist Clients with certain limited technical problems or as otherwise legally compelled, we will not access any of the Content that you upload to the Service.
 In order to use some features of this Service, you (an End User) may at times be asked by a Client to provide certain personal and other information. We also may store any Content that you upload or provide to the Service in order to make available to you with the features and functionality of the Service.
 Some Personally Identifiable Information may also be provided to intermediaries and third parties who assist us with the Service, but who may make no use of any such information other than to assist us in providing the Service. Except as otherwise provided in this Privacy Policy, however, we will not rent or sell your Personally Identifiable Information to third parties.
+If you choose to allow a website to collect your location data, such location data may be available to the applicable Client. In addition, if you have an account with Facebook, Twitter, Google+, LinkedIn, Foursquare or other similar websites (each a "Social Network"), your Social Network identity, including your public picture, may be associated with your location data. If you send a "Do Not Track" request through your web browser, we may still collect and use your browsing data to improve security, to provide our Service and to generate reporting statistics, but in general we will not track other websites that you may have visited.
+If you choose to allow a website to collect your location data, such location data may be available to the applicable Client. In addition, if you have an account with Facebook, Twitter, Google+, LinkedIn, Foursquare or other similar websites (each a "Social Network"), your Social Network identity, including your public picture, may be associated with your location data.
+If you send a "Do Not Track" request through your web browser, we may still collect and use your browsing data to improve security, to provide our Service and to generate reporting statistics, but in general we will not track other websites that you may have visited.
 Elegant Themes, Inc. is the owner and data controller of the information collected through the Service.
 **PayPal**
 If you choose to use PayPal to finalize and pay for your order, you will provide your credit card number, directly to PayPal. PayPal's privacy policy will apply to the information you provide on the PayPal website.
 **Stripe.com**
+Credit card transactions are also processed using Stripe.com, a secure third party payment processing company. When using your credit card to purchase our product, you may be redirected to their secure third party gateway in the form of an iframe popup. The information you provide for payment will be stored on their secure servers. We do not store any payment information on our servers for your protection. **Authorize.net**
+Credit card transactions are also processed using Stripe.com, a secure third party payment processing company. When using your credit card to purchase our product, you may be redirected to their secure third party gateway in the form of an iframe popup. The information you provide for payment will be stored on their secure servers. We do not store any payment information on our servers for your protection.
+**Authorize.net**
 Credit card transactions are also processed using Authorize.net, a secure third party payment processing company. When using your credit card to purchase our product, you may be redirected to their secure third party gateway in the form of an iframe. The information you provide for payment will be stored on their secure servers. We do not store any payment information on our servers for your protection.
 In order to make a purchase from us, you must use our shopping cart provider to finalize and pay for your order. Its privacy statement and security practices will also apply to your information. We encourage you to read that privacy statement before providing your information.
 **Intercom**
 We communicate with our customers using a combination of email and live chat. This communication is facilitated through Intercom.com. Chat histories are stored on their server. Other information, including your username and email address, are provided to Intercom when you sign up. This allows us to locate your account when we chat with you, which is necessary in order for us to provide sales, billing and technical support to our customers.
 **No Information Collected from Children.**
 We will never knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately removed from any access. Because it does not collect such information, Elegant Themes has no such information to use or to disclose to third parties. Elegant Themes has designed this policy in order to comply with the Children's Online Privacy Protection Act ("COPPA").
+How Do You Use Individual Information?
+### How Do You Use Individual Information?
 **General Use**
 For our Clients, we use personal information mainly to provide the Services and contact our Clients regarding account activities, new version and product offerings, or other communications relevant to the Services.
 If you contact us by email or by filling-out a registration form, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you. In addition, we may use the personal information described above to send you information regarding the Service. If you decide at any time that you no longer wish to receive such information or communications from us, email us at [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection) and request to be removed from our list. The circumstances under which we may share such information with third parties are described in part (4) below.
 Our basis for processing your information is typically to perform a contract. Performance of a contract includes fulfilling your order. We may also process information based on consent or for our legitimate interest.
+How Do You Store My Personal Information?
+### How Do You Store My Personal Information?
 **Storage of Individual Information**
 Elegant Themes operates or leases secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our Clients. Notwithstanding such measures, we cannot guarantee that our security measures will prevent our computers from being illegally accessed, and the individual information on them stolen or altered.
 Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
 **Third Party Hosting, Serving and Storage**
 ELEGANT THEMES MAY CONTRACT WITH A VARIETY OF THIRD PARTY SUPPLIERS/PROVIDERS/VENDORS/SOCIAL NETWORKS FROM TIME TO TIME, TO PROVIDE FOR OUR HOSTING, AUTHENTICATION, SERVING, STORAGE AND TELECOMMUNICATION NEEDS, ETC., INCLUDING WITHOUT LIMITATION STORAGE OF OUR USERS PERSONALLY IDENTIFIABLE INFORMATION. ELEGANT THEMES SHALL NOT BE RESPONSIBLE OR LIABLE, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY, FOR CULPABLE (INCLUDING WITHOUT LIMITATION NEGLIGENT) ACTS OR OMISSIONS BY ITS THIRD PARTY SUPPLIERS/VENDORS.
+Do You Disseminate Any Personal Information?
+### Do You Disseminate Any Personal Information?
 **Service Providers**
 We may use third parties to help operate our website, authenticate users and deliver products and services, and may share your Personally Identifiable Information with our service providers, vendors, suppliers, and other third parties that provide products or services for or through this Service (such as website or database hosting companies, authentication providers, address list hosting companies, e-mail service providers, analytics companies, distribution companies and other similar service providers that use such information on our behalf). Unless otherwise stated, these companies do not have any right to use the Personally Identifiable Information we provide to them beyond what is necessary for them to assist us. For more information about these third party, you can read our [Tracking Policy](https://elegantthemes.com/policy/tracking/).
 **Marketplace**
 Elegant Themes reserves the right to use or disclose your Personally Identifiable Information and other information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with us. We may use and disclose your Personally Identifiable Information if we believe you will harm the property or rights of Elegant Themes, its owners, or those of our other Clients. We might share information when we are investigating potential fraud.
 **Business Transitions**
 In the event Elegant Themes goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets as well as in the event of a bankruptcy, assignment for benefit of creditors or receivership, a customer list which may include your Personally Identifiable Information may be disclosed and will likely be among the assets transferred. You may be notified thereafter via prominent notice on our web site for 30 days of any such change in ownership or control of your personal information. Elegant Themes further reserves the right to disclose, transfer or sell your personal information to companies who are affiliated with us in our sole discretion.
+Do You Allow Foreign Use Of The Apps?
+### Do You Allow Foreign Use Of The Apps?
 To the extent that you are accessing our website in the United States while domiciled outside of the United States, you acknowledge that the Personally Identifiable Information you are providing us may be collected and stored in the United States and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States.
+Cookies And Tracking Technologies
+### Cookies And Tracking Technologies
 **General Use**
 **Third Parties**
 Our website employs the use the various third party services. Through the use of our website, these services may place anonymous cookies on the Visitor's browser and may send their own cookies to the Visitor's cookie file. Some of these services include, but are not limited to: Google, Facebook, Twitter, Adroll, MailChimp, Sucuri, Intercom and other social networks, advertising agencies, security firewalls, analytics companies and service providers. These services may also collect and use anonymous identifiers such as IP Address, HTTP Referrer, Unique Device Identifier and other non-personally identifiable information and server logs. We do not control the use of these technologies. To learn more, [click here](https://elegantthemes.com/policy/tracking/).
 You may opt-out from Google's cookies using their [Ad Settings](https://www.google.com/settings/u/0/ads/authenticated). You may also use the [Network Advertising Initiative opt-out page](https://www.networkadvertising.org/choices/) to opt-out of some third party cookies.
 You can also opt out of non essential third party cookies that are used on our website. To control your cookie settings for our website, [click here]().
+If I have Questions Concerning This Privacy Policy?
+### If I have Questions Concerning This Privacy Policy?
 If you have any questions or concerns about this Privacy Policy, please contact us at [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection)
 You can also write us at:
 Elegant Themes, Inc.
+Howard Street
+Castro Street #123
 Apartment 3A
 San Francisco, CA 94103
 USA
+\. History
+### 8\. History
 Modified Date: May 25, 2018
 Modified Date: May 16, 2016
 Effective Date: April 29, 2011