Vital Element, Inc. (“Vital Element”) respects the information it collects from people who visit and use any of its websites and takes great efforts to keep such information confidential. This Policy (which we adapted from a policy originally prepared by Automattic (WordPress.com) and is made available under the Creative Commons Sharealike license), describes how we treat the information we collect when you visit and use any Vital Element website. It is Vital Element’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Vital Element collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Vital Element’s purpose in collecting non-personally identifying information is to better understand how Vital Element’s visitors use its website(s). From time to time, Vital Element may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Vital Element also collects potentially personally-identifying information like Internet Protocol (IP) addresses. However, Vital Element does not use such information to identify its visitors and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.
Certain visitors to Vital Element’s websites choose to interact with Vital Element in ways that require Vital Element to gather personally-identifying information. The amount and type of information that Vital Element gathers depends on the nature of the interaction. Visitors may be required to provide personally-identifying information to Vital Element to use certain features of the websites. A visitor must provide a username and email address to have an account. A visitor may also need to provide certain financial information to process financial transactions. In each case, Vital Element collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Vital Element. Vital Element does not disclose personally-identifying information other than as described below. Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Notwithstanding any other provisions of this Policy, you should not transmit Personal Health Information (“PHI”) as defined in the HIPAA regulations. Although Vital Element takes certain precautions to protect information transmitted to it through this web site(s), Vital Element cannot guarantee or warrant that such information will not be accessed by unauthorized users or kept confidential by any authorized user. Vital Element shall not be liable for the transmission by you of any PHI or other personal information, and any information provided is done at your own risk. If you need to transmit PHI to a physician or patient, it should be done directly with the physician or patient, and not through any of Vital Element's web sites.
Vital Element may collect statistics about the behavior of visitors to its websites. For instance, Vital Element may monitor the most popular links on its sites and may display this information publicly or provide it to others. Vital Element may display this information publicly or provide it to others. However, Vital Element does not disclose personally-identifying information other than as described below.
Vital Element discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Vital Element’s behalf or to provide services available at Vital Element’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Vital Element’s websites, you consent to the transfer of such information to them. Vital Element will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Vital Element discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Vital Element believes in good faith that disclosure is reasonably necessary to protect the property or rights of Vital Element, third parties or the public at large. If you are a registered user of a Vital Element website and have supplied your email address, Vital Element may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Vital Element and our products. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Vital Element takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Under California’s “Shine the Light” law, California residents who provide certain personal information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2016 will receive information regarding 2015 sharing activities).
To obtain this information on behalf of Vital Element, Inc., please send an email message to firstname.lastname@example.org with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide, if any, the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.
Clients confide in us for effectively online marketing their products and services to customers. By providing our technologies and services we may collect information about your device (a computer, mobile phone or any other device that you use to browse and enter a website), e.g. its operating system and browser.
The collection, processing and use of your data takes place in compliance with applicable data protection regulations. The integrity of internet users and in particular data protection are crucial to all our activities.
1 Personal Data
Personal data (also “Personally identifiable information”) includes individual information by which you as a natural person are or can be identified by, e.g. your name, address, telephone number, email address or date of birth, as well as information which does not reveal your name, but which relates to you or your device and enables you to be treated individually.
Non-personally identifiable data is information that cannot be connected to your real identity, e.g. the number of users visiting our website or other any other kind of aggregated information.
Vital Element, Inc. does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, use of any Vital Element, Inc. website or client website is strictly prohibited.
2 Collection of personal data and other information
2.1 When visiting our website VitalElement.com, Secure Forms.com, ANY Vital Element, Inc. owned website, and ANY Vital Element, Inc. Client website.
This section provides information on how and which data we may collect from visitors.
Our webservers temporarily log traffic data provided by the device you use to enter our website (including the host name (IP address) of the requesting computer), date, time and duration of your visit, data specifications of your browser and operating system as well as the name of your access provider, and the website you were referred from to our website (so called Referrer URL). This information is stored in a log file until it is automatically deleted in accordance with our retention policy.
The collection and processing of this data is carried out for the purposes of facilitating the use of our website (connection set-up), understanding how visitors use it and to ensure the security and stability of our systems as well as the technical administration of the network infrastructure. We do this in the pursuit of our legitimate interest of maintaining and improving our website(s) and enhancing its usability.
We do not record your name, address, telephone number or email address, unless voluntarily provided by you, e.g. as part of a submitted online form or when attempting to enter into a contractual relationship.
In particular, we use Google Analytics Cookies. Find more information about Google Analytics Cookies here.
Visiting and surfing on our website(s) is possible without cookies. Most browsers accept cookies automatically. You may alter the security settings of your web browser in order to stop your device receiving and storing cookies, to allow receiving and storing cookies from selected websites only, or to be notified before receiving cookies. Please note, however, that these settings may have negative effects on the usability and user guidance of websites and other online services. You may delete cookies stored in your browser at any time. Information stored in such cookies will be removed from your device.
2.1.2 Social Plugins
As Vital Element, Inc. is participating in social networks, there are some social plugins on our websites which we would like to inform you about.
Visitors wishing to avoid connecting to plugins used on our websites may install privacy-enhancing browser plugins, such as Ghostery (https://www.ghostery.com/), NoScript (https://noscript.net/) or
DoNotTrackMe (https://www.abine.com/index.html) etc.
Facebook is a social network of Facebook, Inc., 1 Hacker Way, Menlo Park, California 94025 (hereinafter „Facebook“). In our online services, we have included different Facebook plugins (for example, "Like", "Share"). These are marked with the Facebook logo. Depending on the type of function, additional information may be added (e.g., "Like", "Recommend"). For a summary of all Facebook
plugins please refer to http://developers.facebook.com/docs/plugins/
When you enter a page on our website that contains a Facebook plugin your browser or app will establish a direct connection to Facebook’s servers where the plugin is loaded from. The information that your browser has visited the corresponding page of our online services will be transmitted to Facebook, even if you do not have a Facebook account or are not logged into your account. This information (including your IP address) will be sent by your browser directly to a server of Facebook in the USA and stored there.
If you are logged into your Facebook account at the same time, it is also possible to assign the page impression to your Facebook profile. If you click on embedded Facebook buttons and log into your Facebook account (or are already logged in), this information will be sent directly to a Facebook server and stored there. The corresponding information is published on your Facebook profile and in your chronicle/timeline in short form. Facebook can thus collect and store additional usage data. If you want to prevent the transmission and storage of your data and your behavior on our online services through Facebook, you must log out of your Facebook account before you visit our sites and delete any cookies placed by Facebook. You can also prevent the loading of the Facebook plugins with add-ons for your browser, e.g. with the online "Facebook Blocker".
For more information on your rights and on how Facebook is recording and processing data please see
Twitter is a microblogging service of Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA
94103, USA (hereinafter “Twitter”). Twitter plugins on our websites are usually marked with Twitter’s
logo which is a little bird.
When you enter a page on our website that contains a Twitter plugin your browser will directly connect to Twitter’s servers where the plugin is loaded from. The information that you (including your IP address) have visited our online services will be transmitted to Twitter, even if you are not logged into your account. If you are actively using a Twitter plugin, Twitter may even process more data and publish content that you are entering into the dialogue box (“twittering”). This allows Twitter to map the visit of our pages to your user account. We would like to point out that as a provider of the pages we are not aware of the content of the transmitted data as well as their use by Twitter.
If you want to prevent the assignment of your visit of our websites to Twitter, you must log out of your
Twitter account before you visit our site and delete any cookies placed by Twitter.
LinkedIn is a social network of LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (hereinafter „LinkedIn“). LinkedIn's plugins are integrated on this website. You can recognize the LinkedIn plugins through the LinkedIn logo or the "Share" button on this website. When you visit this website, the plugin is used to establish a direct connection between your browser and the LinkedIn server. The information (which online service was being visited) is transmitted to Linkedin, even if you are not logged into your Linkedin account.
All social media plugins are used in the pursuit of our legitimate interest of marketing our business and communicating with our business partners and the public.
2.1.3 Analysis: Google Analytics
We use Google Analytics which is a web analyzing tool of Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter “Google“) for the purposes of the adequate design and continuous optimization of our website. Google Analytics works with cookies and creates pseudomonysed usage profiles, which enable an analysis of your use of our website. Information stored in such cookies (such as browser type/version, operating system used, referrer URL, Hostname of the accessing computer, time of server request) are usually transmitted to and stored on Google’s servers in the USA. We do this in the pursuit of our legitimate interests of better understanding how our website is used and to report aggregated usage statistics.
Due to the activation of the IP anonymization (IP masking), Google will truncate and therefore anonymize the IP address of your device within the European Union or the European Economic Area, although all website(s) access is strictly prohibited to individuals and machines located outside the United States and are not residing and physically located within the US boarders.
We contracted Google to analyze your use of this website in order to produce reports on the activities on our website and provide more services connected to the use of our website and the internet in general. The IP address provided by your browser will not be combined with other Google data. The information may be transferred to third parties if this is required by law or if third parties process this data on behalf of Google. You can prevent cookies from being stored on your device by adjusting your browser software accordingly. Please note, however, that changing your settings may have negative effects on the usability of our website. You may prevent Google from recording and processing data on your use of our website (including your device’s IP address) and storing such information in a cookie by downloading and installing a browser deactivation add-on from http://tools.google.com/dlpage/gaoptout?hl=en.
2.2 When you are our client or becoming one
You need to be in a binding contract with our organization in order to obtain access to our technologies and services as contractually agreed upon. If you enter into a contractual relationship with us , we record all data, including personal data, which has been provided by you such as your name, address, telephone number or email address. You can can contact us to request which personal data in detail we record. We do not record any further personal data other than voluntarily provided by you (e.g. as part of a form submission or a request for information).
We use all such data in order to comply with our obligations under our agreements with users/clients in the pursuit of our legitimate interest of the proper administration of our business.
With the following information, we will inform you about the contents of our newsletter as well as the registration, dispatch, statistical evaluation procedure and your right of objection. By subscribing to our newsletter, you agree to the receipt of the newsletter and the procedures described. We do this in the pursuit of our legitimate interest of marketing our business.
We send out newsletters, e-mails and other electronic notifications with promotional information
(hereinafter "Newsletter") subject to the consent of the recipient or a legal permission.
The registration for our newsletter is handled through a so-called double opt-in procedure, which means you will receive an e-mail after your registration, in which you will be asked to confirm your registration once again. The registrations for the newsletter are recorded in order to prove the accurate registration process according to legal requirements. This includes storing the time of logon and confirmation. Furthermore changes to the data stored by Mailchimp are being recorded.
The newsletter will be sent by means of "MailChimp", a newsletter platform of the US company Rocket Science Group // 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA or "Cheetah Digital”, a newsletter platform of the US company Experian Information Solutions, Inc // 475 Anton Boulevard, Costa Mesa, CA 92626 United States.The e-mail addresses of our newsletter recipients, as well as further data described in the context of this information, are being stored on the servers of MailChimp in the USA. MailChimp uses this information to send out and evaluate the newsletters on our behalf. In addition, MailChimp can use this data to optimize or improve its own services, e.g. for the technical optimization of the dispatch and the presentation of the newsletter or for economic purposes in order to determine from which countries the recipients come from. However, MailChimp does not use the data of our newsletter recipients to contact them independently or transfer data to third parties.
In order to register for the newsletter, we only need your e-mail address. Further voluntarily provided information about you is only used to personalize the newsletter.
You may terminate the receipt of our newsletter at any time, which means revoke your consent. Therewith your consent to the dispatch of the newsletter via MailChimp as well as the statistical analyses expire at the same time. A separate cancellation of the dispatch via MailChimp or the statistical evaluation is unfortunately not possible. You will find a link to unsubscribe from our newsletter at the bottom of each newsletter.
2.3 When using our technologies and services via websites and online services of our clients
Tracking allows us to understand which website referred a user to another website, so that the second website can acquire more website traffic. We measure the success of these referrals from the website receiving the traffic to the website referring that traffic.
We store cookies on devices of users who are visiting websites and using online services of our clients in order to record website usage statistics. Personally identifiable information on the user are neither collected nor processed nor used in tracking. Nothing but the information when and on which device a visit/session occurred is stored in tracking cookies. Google Analytics does not store identifiable information nor to we seek or use such types of information if it were available.
While tracking we may also collect information on the device that is used to perform a business transaction such as the device’s operating system and browser.
2.3.2 Information on Cookies and Third Party Cookies
In contrast to “normal” cookies (so-called first party cookies), which are mostly used by the website operator itself, third party cookies are cookies from a third party that place their cookies on the website of another website operator. As a client, site visitor, or visitor of one of our client websites, you may be subject to third party cookies, including such placed by Google (as so called third party cookies). Please refer to information in on this page regarding the purpose of the cookie and how you can prevent cookies from being placed on a device.
3 Processing and use of personal data
We use personal data provided by our clients only for administrating and providing our technologies and services, for responding to clients’ inquiries and, where applicable, executing the contract between a client and Vital Element, Inc. We store personal and any other kind of data in applicable compliance data protection and privacy guidelines and our contractual duties, and will prevent unauthorized access to data to the best of our abilities.
Provided you have not objected to consent – where legal provisions allow so – we may use your personal data for advertising and market research. By communicating by phone or submitting information online via email or forms, you give your consent that Vital Element, Inc. may contact you via telephone, via mail and email in order to provide you with information on Vital Element, Inc. offers. You may withdraw your consent at any time. See section 7 below.
We may transmit your data to our subcontracted service providers, but only if we contractually assigned these to process data on our or our clients' behalf.
4 Data security
Vital Element, Inc. takes technical and organizational security measures necessary to protect your personal data from loss, unauthorized disclosure or other forms of misuse. Data is stored in a safe environment that is not open to public access. Your personal data may be encrypted before transmission in certain cases (e.g. processing your login data). This means that – support by your browser provided – communication between your device and our servers will include recognized encryption measures.
Our staff has been trained in privacy matters and in dealing with data and information, which they gain access to in a responsible manner.
Please be aware that should you contact us via email, confidentiality of information therein may not be ensured. Third persons may have access to contents of emails.
5 Individual Rights, Access, rectification, deletion and blockage
You have the right of access to some categories of your personal data by request and may request or erasure of your data to the degree to which such is technically possible and is allowable by compliance guidelines or laws. You may also object to data processing by requesting specific data removal from specific systems and we will make changes based on technical and compliance allowances. If you have given consent [by use, contract, form submittal, or subscribing] to any processing, that consent may be withdrawn at any time by contacting us and detailing the circumstance of the request.
In case you contracted as a client, you may contact us to make requests regarding data we may hold on you as a client.
You may exercise your your requests by contacting us on our details set out in paragraph 7.
While observing applicable privacy legislation we will erase your data to the degree technically possible without any action required by you, if retention of your data is no longer necessary for the purpose pursued or retention is no longer allowed for any legal reason. We may restrict processing instead of erasing your data where legally not allowed to erase (e.g. legal obligations to maintain your personal data).
We may modify this policy and our data security provisions from time to time, in particular if new laws and regulations need to be adopted or we regard amendments reasonable. Please contact us directly regarding any amendments.
7 For Requests, Questions - Contact
Vital Element, Inc.
11205 Adora Ct.
Fort Myers, FL 33912