Hi there, we’re iLement and welcome to our privacy policy. This policy sets out how we handle your personal information if you’re an iLement user or visitor to our Sites. It applies across all our sites, including iLement Elements, iLement Market, iLement Studio, iLement Sites, iLement Tuts+ and Placeit (the “Sites”) and our products, features, services, software applications, programs, add-ons, extensions, plug-ins, and other technologies we may develop or use from time to time (the “Products”).
This policy applies to us and our affiliates, including iLement Elements Pty Ltd, iLement Sites Pty Ltd, iLement Placeit Pty Ltd, and Sonley Bell Mexico S.A. de C.V. (“iLement”). All iLement employees, agents, and contractors are responsible for protecting personal information collected and processed by iLement. It is the responsibility of all iLement employees, agents, and contractors to assist in the protection of personal information by acting in accordance with this policy.
When we say ‘we’, ‘us’ or ‘iLement’, it’s because that’s who we are and we own and run the Sites and/or Products. If you are in a country whose privacy laws use the concept of data controller and processor, for example in the European Economic Area (“EEA”), United Kingdom (“UK”), or Mexico, then:
If we say ‘policy’, we’re talking about this privacy policy. If we say ‘user terms’, we’re talking about the rules for using each of the Sites and/or Products. The rules vary by product and each product makes them separately available and seeks consent to them separately from this policy.
We collect certain personal information about visitors and users of our Sites and/or Products. The most common types of information we collect include things like: usernames, member names, email addresses, IP addresses, other contact details, survey responses, blogs, photos, payment information such as payment agent details, transactional details, tax information, support queries, forum comments (if applicable), content you direct us to make available on our Sites and/or Products (such as item descriptions and other information you choose to make available on your profile), your actions on our Sites and/or Products (including any selections or inputs into items, or text or image prompts), and web and email analytics data. We will also collect personal information from job applications (such as your CV, the application form itself, cover letter, and interview notes) and from correspondence between you and us when you contact us.
We also collect information about your device and your interactions with our Sites using cookies, web beacons, and similar technologies. For more information on the types of information we collect automatically, please read the section on cookies below and our Cookie Policy.
We collect personal information:
As the operator of digital content marketplaces and subscription services, we have a legitimate interest in verifying the identity of our authors. We believe that knowing who our authors are will strengthen the integrity of our marketplaces and subscription services by reducing fraud, making authors more accountable for their content, and giving iLement and customers the ability to enforce contracts for authors who break the rules. iLement also has certain legal obligations that require us to know who our authors are in certain circumstances. In light of this, if you are an author we will verify your identity, in particular, your name, full address, and date of birth by asking you to show us a Photo ID document. The verification procedure is called iLement Verify. iLement Verify will be carried out by our service provider Jumio Corporation located at 395 Page Mill Road, Suite 150, Palo Alto, California, United States of America (“USA”). As part of iLement Verify, you will be asked to take a selfie which will then be compared against your Photo ID document using facial recognition technology. We will use your Photo ID document and your selfie solely to carry out iLement Verify and delete it after the completion of this process. If you are located in Australia, the EEA, the UK, or Mexico, we will only process your biometric information or other sensitive personal information with your explicit consent.
Although we generally collect personal information directly from you, on occasion, we also collect certain categories of personal information about you from other sources. In particular, this may include:
We will use your personal information:
We will disclose personal information to the following recipients:
We are based in Australia, New Zealand, Mexico, and USA so when your data is transferred to us it will be processed in those countries. Some of the recipients we have described above, and to whom we disclose your personal information, are based around the world including in places like Australia, Canada, Ireland, Mexico, Philippines, Poland, Romania, UK, USA, India, Uruguay, Vietnam, New Zealand, Singapore, Germany, Italy, Latvia, Philippines, Spain, Sweden, Switzerland, United Arab Emirates, and Israel. These countries may not provide the same protections as the data protection laws where you are based. When we transfer data to these recipients, we do this on the basis of this policy and we will ensure that relevant safeguards are in place to afford adequate protection for your personal information and we will comply with applicable data protection laws. For example, if you are in the EEA or the UK we may rely on a UK government adequacy regulation or adequacy decision by the European Commission, on contractual protections for the transfer of your personal information or a derogation if available. We also take care to work with subcontractors and service providers who we believe maintain an acceptable standard of data security compliance.
Where you are located in New Zealand, by providing us with your personal information, you authorize us to disclose that personal information to the recipients described above (including those recipients that may not be required to protect your personal information in a way that provides comparable safeguards to those under the data protection laws where you are based).
We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location in Australia, Ireland, Mexico, USA, and New Zealand. We use reasonable organizational, technical and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration, and destruction of the personal information we process, including username and password authentication, two-factor authentication, and data encryption where appropriate. Unfortunately, data transmission over the internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee its security.
Depending on the jurisdiction you are located in, you may have the following rights, as provided under applicable law and subject to any limitations in such law:
Please note that, prior to any response to the exercise of such rights, we may require you to verify your identity or confirm the specific right that you’re seeking to exercise, by providing any or all of the following information, in accordance with the provisions of the applicable law in each country:
If you seek to exercise any of the rights described above, we may need to pass on costs that are strictly necessary for the reproduction, modification, or sending of personal information to you. Otherwise, your exercise of these rights will be free of charge.
These rights are limited in some situations – for example, if we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent. Note that a request to limit the collection, use, disclosure, and storage of your personal information and/or the deletion of personal information during your relationship with iLement will be taken into consideration in accordance with the internal procedures, legal needs, and legal obligations that iLement may be subject to under applicable legislation in each country.
You can access or correct some of the personal information that we collect about you by logging in to your account. You can also close the account you have with us for any of our Sites at any time. To make a request to exercise any other rights you have, contact us using the contact details at the end of this policy.
We may send you marketing communications by email about products and services that we feel may be of interest to you and will obtain your consent, where it is required by law. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself.
You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case.
For more information about how we use cookies, web beacons, and similar technologies, please see our cookie policy. For general information on cookies, you can visit All About Cookies.
When you visit our Sites, we automatically collect certain information, including:
We may use cookies to understand your behavior as a user of our Sites and to enhance your browsing experience. If you wish to disable cookies or configure their use, you can do so in the “Settings” section of your browser.
Occasionally, we may use third-party advertising companies to serve ads based on your prior visits to our Sites. For example, if you visit our Sites, you may later see an ad for our products and services on another site. Please read more about your options in our cookie policy. However, please note that iLement is only responsible for data collected directly on our Sites. We cannot be held responsible for the collection and/or processing of your personal information on any third-party website; therefore, we recommend that you consult the third party’s privacy notice and policies before providing any personal information.
Our Sites and/or Products are not suitable for children under the age of 16 years. If you are under 16, we ask that you do not use our Sites and/or Products or provide us with your personal information. If you are aged between 16 to 18 years, you can browse our Sites and/or Products, but you will need the supervision of a parent or guardian. It is the responsibility of parents or guardians to monitor their children's use of our Sites and/or Products.
If you make your personal information available to others, we cannot control or accept responsibility for how they will use or manage that data. There are many ways you can provide information to others, such as posting a public message on a forum thread, sharing information via social media, or contacting another user (such as a third-party author) through our Sites and/or Products or directly via email. Before making your information publicly available or sharing it with anyone else, please think carefully. If you are sharing information with another user via our Sites and/or Products, ask them how they will handle your information. If you’re sharing information through another website, check that site's privacy policy to understand its information management practices, as this policy will not apply.
We retain your personal information for as long as necessary for the purposes outlined in this policy. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we use your personal information, and whether those purposes can be achieved through other means, alongside applicable legal requirements.
If you no longer want us to provide you with iLement services or if you would like to exercise any of the rights set out in our privacy policy, please:
Please note that if you request the erasure of your personal information, we may retain information from deleted accounts as necessary for our legitimate business interests, to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, or requests by government or law enforcement authorities, enforce the terms of service, and take other actions permitted by law. Any information we retain will be handled in accordance with this policy.
We may need to change this policy periodically to ensure it remains up to date with the latest legal requirements and any changes to our privacy management practices. When we do change the policy, we will notify you about such changes as required by applicable law. A copy of the latest version of this policy will be available on this page or other websites.
If you wish to exercise any of your rights under this policy or have any inquiries or complaints about our privacy practices or how we manage your personal information, please contact our Data Protection Officer in writing at PO Box 16122 Collins Street West, Victoria 8007 Australia or [email protected]. When you provide information to us, please (a) provide sufficient information that allows us to reasonably verify your identity or that you are an authorized representative, and (b) provide sufficient detail so we understand and can evaluate your request. We will address the matter within a reasonable timeframe and keep you informed of the progress of our investigation.
If you contact us with a complaint about our handling of your information, we will acknowledge receipt of your complaint, attend to it promptly, and seek to resolve it as soon as reasonably practicable.
If you have unresolved concerns after contacting us, you may have the right to complain to data protection authorities. The relevant authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred. In Australia, this includes the Office of the Australian Information Commissioner (OAIC). Contact details are available at OAIC. In Mexico, the competent authority for personal information protection matters is the National Institute for Transparency, Access to Information and Protection of Personal Data (INAI), which can be accessed via INAI.
If you’re a user or visitor from the state of California in the USA, this section applies to you.
We have included this section to comply with the California Consumer Privacy Act 2018 (CCPA). Any terms in this section are defined in the CCPA and have the same meaning given therein.
This includes profiling about a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, and attitudes.
We may disclose your personal information to a third party for a business purpose. Specifically, we have disclosed the following categories of personal information to third parties for a business purpose over the past twelve (12) months:
If you are a California resident, you have the following rights:
To exercise your rights under the CCPA, please contact us using the information in the “How You Can Contact Our Data Protection Officer” section above. We may need to verify your identity or that you are an authorized representative before processing your request. For more information on how to submit requests, please refer to our help center.