Elfmonn Ltd Privacy Policy
This privacy policy applies between you, the User of this Website and/or Mobile App and Elfmonn Limited trading as ElfMoNN, the owner and provider of this Website and Mobile App. Elfmonn Limited trading as ElfMoNN takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website and Mobile App.
This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: https://elfmonn.com/terms-of-service
Please read this privacy policy carefully.
Definitions and interpretation
1. In this privacy policy, the following definitions are used:
Data
collectively all information that you submit to Elfmonn Limited trading as ElfMoNN via the Website and Mobile App. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies
a small text file placed on your computer by this Website and/or Mobile App when you visit certain parts of the Website and/or Mobile App and/or when you use certain features of the Website and Mobile App. Details of the cookies used by this Website and/or Mobile App are set out in the clause below ( Cookies);
Data Protection Laws
any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the Republic of Ireland;
GDPR
the General Data Protection Regulation (EU) 2016/679;
Elfmonn Limited trading as ElfMoNN,
we or us
Elfmonn Limited trading as ElfMoNN, a company incorporated in the Republic of Ireland with registered number 734035 whose registered address is 17 Oak Way, Dublin, Dublin 22, D22 H966,;
UK and EU Cookie Law
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you
any third party that accesses the Website and/or Mobile App and is not either (i) employed by Elfmonn Limited trading as ElfMoNN and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Elfmonn Limited trading as ElfMoNN and accessing the Website and/or Mobile App in connection with the provision of such services; and
Website and Mobile App
the Website and/or Mobile App that you are currently using, www.elfmonn.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. In this privacy policy, unless the context requires a different interpretation:
a. the singular includes the plural and vice versa;
b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. “including” is understood to mean “including without limitation”;
e. reference to any statutory provision includes any modification or amendment of it;
f. the headings and sub-headings do not form part of this privacy policy.
Scope of this privacy policy
3. This privacy policy applies only to the actions of Elfmonn Limited trading as ElfMoNN and Users with respect to this Website and Mobile App. It does not extend to any Website and Mobile Apps that can be accessed from this Website and/or Mobile App including, but not limited to, any links we may provide to social media Website and Mobile Apps.
4. For purposes of the applicable Data Protection Laws, Elfmonn Limited trading as ElfMoNN is the “data controller”. This means that Elfmonn Limited trading as ElfMoNN determines the purposes for which, and the manner in which, your Data is processed.
Data collected
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:
1. IP address;
2. Location;
3. Hardware and software details;
4. Clicked links; and
5. Content viewed.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:
1. First and last name;
2. Age;
3. Date of birth;
4. Sex;
5. Email address;
6. Phone number;
7. Address;
8. Payment information; and
9. Auto fill data.
How we collect Data
6. We collect Data in the following ways:
a. data is given to us by you;
b. data is received from other sources; and
c. data is collected automatically.
Data that is given to us by you
7. Elfmonn Limited trading as ElfMoNN will collect your Data in a number of ways, for example:
a) When personalising an experience on our app including but not limited to ElfMoNN Task & Reward Experience, Introductory Experience;
b) when you contact us through the Website and Mobile App, by telephone, post, e-mail or through any other means;
c) when you enter a competition or promotion through a social media channel;
d) when you make payments to us, through this Website and/or Mobile App or otherwise;
e) when you elect to receive marketing communications from us;
f) carry out any search on our sites, place an order on our sites
g) when you supply third party personal date such as the names and ages of your children, or details about other family members or friends to facilitate the creation of personalised Services through our platforms.
h) when you use our Services;
in each case, in accordance with this privacy policy.
We will only use third party personal data for the purpose of providing the personalised product or service you have requested. We will not use third party personal data for any other purpose. We treat third party personal data in the same way as your personal data, and will ensure that it benefits from the same level of protection. Furthermore, any media images you employ in the course of using our Service, will at no point leave your device. Our app is designed in a way that allows you to create personalised experiences such as those where you upload photos within the app and then share them to your smartTV or other cast enabled device within your home, via your home WiFi. No images you share in the course of using our Services are stored on our or any partner infrastructure.
Data that is received from third parties
8. Elfmonn Limited trading as ElfMoNN may receive Data about you from the following third parties, for eg, if you connect to our Website and/or Mobile App via their platforms:
a. Facebook Inc and any of it’s subsidiaries (i.e. Instagram);
b. Google Inc;
Data that is received from publicly available third parties sources
9. We may receive Data about you from the following publicly available third party sources, for eg, if you connect to our Website and/or Mobile App via their platforms:
a. Facebook Inc and any of it’s subsidiaries (i.e Instragram).
Data that is collected automatically
10. To the extent that you access the Website and Mobile App, we will collect your Data automatically, for example:
a. we automatically collect some information about your visit to the Website and Mobile App. This information helps us to make improvements to Website and/or Mobile App content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and/or Mobile App and the way you use and interact with its content.
b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website and Mobile App, see the section below, headed “Cookies”.
Our use of Data
11. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website and Mobile App. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. supply / improvement of our products / services;
c. transmission by email of marketing materials that may be of interest to you;
d. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website and Mobile App;
in each case, in accordance with this privacy policy.
12. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
13. For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an opt-in or soft-opt-in:
a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out.
b. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide.
c. if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.
14. We may use your Data to show you Elfmonn Limited trading as ElfMoNN adverts and other content on other Website and Mobile Apps. If you do not want us to use your data to show you Elfmonn Limited trading as ElfMoNN adverts and other content on other Website and Mobile Apps, please turn off the relevant cookies (please refer to the section headed “Cookies” below).
Who we share Data with
15. We may share your Data with the following groups of people for the following reasons:
a. any of our group companies or affiliates – to ensure the proper administration of ElfMoNN app and its associated Website and/or Mobile App and services;
b. our employees, agents and/or professional advisors – in order to obtain contact information for competition winners and offers;
c. third party service providers who provide services to us which require the processing of personal data – to help third party service providers in receipt of any shared data to perform functions on our behalf to help ensure the Website and/or Mobile App runs smoothly. For example, we use a 3rd party service provider to generate personalised audio files based on data supplied by parents. See below 3rd party service provider commitment to Elfmonn Limited trading as ElfMoNN:
Making a Text To Speech Audio
When you use our services to create an audio or a video (‘Content’), we collect the following information (which includes personal information) from you:
• we collect text which you typed; (We stored data in-encrypted at core database level, and only end-customer can read and access it. We have a built-in system that automatically erase text & converted audio file after 60 minutes based on the user’s settings.)
• we store your converted audio file; (Only accessible to end-customers)
d. third party payment providers who process payments made over the Website and/or Mobile App – to enable third party payment providers to process user payments, subscriptions and refunds;
e. relevant authorities – to facilitate the detection of crime or the collection of taxes or duties;
in each case, in accordance with this privacy policy.
Keeping Data secure
16. We will use technical and organisational measures to safeguard your Data, for example:
a. access to your account is controlled by a password and a user name that is unique to you.
b. we store your Data on secure servers. No images are captured and/or stored from your personal device.
17. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: support@elfmonn.com.
18. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Data retention
19. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfill the purposes outlined in this privacy policy or until you request that the Data be deleted.
20. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
Your rights
21. You have the following rights in relation to your Data:
a. Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase – the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
e. Right to data portability – the right to request that we move, copy or transfer your Data.
f. Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
22. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: support@elfmonn.com.
23. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority for your country.
24. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Transfers outside the European Economic Area
25. Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA.
26. We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
27. To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
Links to other Website and Mobile Apps
28. This Website and/or Mobile App may, from time to time, provide links to other Website and Mobile Apps. Unless explicitly stated, we have no control over such Website and Mobile Apps and are not responsible for the content of these Website and Mobile Apps. This privacy policy does not extend to your use of such Website and Mobile Apps. You are advised to read the privacy policy or statement of other Website and Mobile Apps prior to using them.
Changes of business ownership and control
29. Elfmonn Limited trading as ElfMoNN may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Elfmonn Limited trading as ElfMoNN. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
30. We may also disclose Data to a prospective purchaser of our business or any part of it.
31. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Cookies
32. This Website and/or Mobile App may place and access certain Cookies on your computer. Elfmonn Limited trading as ElfMoNN uses Cookies to improve your experience of using the Website and/or Mobile App and to improve our range of products and services. Elfmonn Limited trading as ElfMoNN has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
33. All Cookies used by this Website and/or Mobile App are used in accordance with current EU Cookie Law.
34. Before the Website and/or Mobile App places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Elfmonn Limited trading as ElfMoNN to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website and/or Mobile App may not function fully or as intended.
35. This Website and/or Mobile App may place the following Cookies:
Type of Cookie
a) Strictly Necessary Cookies:
a. Description: Essential for the basic functioning of the website, these cookies enable users to navigate and use key features, retain items in a shopping cart etc.
b) Performance Cookies:
a. Description: Collect information about how visitors use the website, such as which pages are most frequently visited. This data helps improve the website’s performance.
c) Functionality Cookies:
a. Description: Allow the website to remember choices made by users (e.g., language preferences, region) to provide enhanced and personalized features.
d) Analytical or Statistical Cookies:
a. Description: Similar to performance cookies, these cookies help gather statistical information about website usage, but they may also include additional analytics for a more in-depth understanding of user behavior.
e) Advertising Cookies:
a. Description: Used to deliver targeted advertisements based on user interests and preferences. They track user activity across different websites to create a profile for personalized advertising.
f) Session Cookies:
a. Description: Temporary cookies that are deleted when the user closes the browser. They are used to maintain session information and improve website performance.
g) Persistent Cookies:
a. Description: These cookies remain on the user’s device for a specified period, even after closing the browser. They are used for purposes such as remembering user preferences and login information.
h) First-party Cookies:
a. Description: Set by the website being visited, these cookies are used for various purposes, such as remembering user preferences and maintaining session information.
i) Third-party Cookies:
a. Description: Set by domains other than the one the user is visiting. Commonly used for advertising and analytics, third-party cookies track users across different websites.
j) Marketing Cookies:
a. Description: Similar to advertising cookies, these cookies are used to track and measure the effectiveness of marketing campaigns.
k) Social Media Cookies:
a. Description: Allow users to share content on social media platforms and may track users’ interactions with social media features embedded on the website.
l) Cookie Consent Cookies:
a. Description: Record whether the user has consented to the use of cookies on the website. Used to comply with legal requirements related to cookie consent.
36. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
37. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website and/or Mobile App more quickly and efficiently including, but not limited to, personalisation settings.
38. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
39. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
General
40. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
41. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
42. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
43. This Agreement will be governed by and interpreted according to the law of the Republic of Ireland. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the Republic of Ireland courts.
Changes to this privacy policy
44. Elfmonn Limited trading as ElfMoNN reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and/or Mobile App and you are deemed to have accepted the terms of the privacy policy on your first use of the Website and/or Mobile App following the alterations.
You may contact Elfmonn Limited trading as ElfMoNN by email at support@elfmonn.com.
