PRIVACY SHIELD
Rooted Elm complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union, the United Kingdom, and Switzerland, as applicable, to the United States in reliance on Privacy Shield. Rooted Elm has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the terms in this notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.
DATA
Rooted Elm provides and facilitates the use of online tools and services that our clients use to operate certain marketing aspects of their businesses. These include tools and services for email marketing to current and prospective clients, employees, and or customers and obtaining leads and event or survey responses. In providing these tools or services, Rooted Elm processes data our customers may submit to or instruct us to process on their behalves. While our clients decide what data they submit to or share with us this data is typically related to and of the type needed to facilitate email marketing sends on their behalf; such as Name, Email Address, and additional data for segmentation purposes such as Mailing Address, Personal Preferences, Age, Birthdate, and or Devices used.
PURPOSE
Rooted Elm processes data submitted by customers for the purpose of facilitating email marketing services on behalf of our clients. To fulfill these purposes, we may access the data to facilitate this service, to correct and address technical or service issues, or to follow instructions of the client who submitted the data, or in response to contractual requirements.
INQUIRIES & COMPLAINTS
If you believe Rooted maintains your personal data in one of the services within the scope of our Privacy Shield certification, you may direct any inquiries or complaints concerning our Privacy Shield compliance to [email protected].
Rooted Elm will respond within 45 days. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://www.jamsadr.com/submit. If neither Rooted Elm nor our dispute resolution provider resolves your complaint, you may have the possibility to engage in binding arbitration through the Privacy Shield Panel.
THIRD PARTIES
Rooted Elm uses a limited number of third-party service providers to assist us in providing our services to clients. These third party providers allow for creation of email message and web landing pages, sending of bulk and individual email messages, provide data storage services, and other technical operations. These third parties may access, process, and or store personal data in the course of providing their services. Rooted Elm and its clients explicitly restricts these third-parties access to use and disclose such information to ensure compliance with our Privacy Shield obligations, including the onward transfer provisions, and Rooted Elm and or its clients remain liable if they fail to meet those obligations.
Currently those third party providers are:
YOUR RIGHTS
If you are a Swiss or EU resident participating in the Privacy Shield and you believe we maintain your personal data within the scope of this Privacy Shield certification, you may direct any questions or complaints concerning our Privacy Shield compliance to the email or physical address provided at the bottom of this Privacy Policy.
LEGAL DISCLOSURE REQUIREMENTS
Rooted Elm may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security and or law enforcement requirements.
ENFORCEMENT
Rooted Elm’s commitments under the Privacy Shield are subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
DISPUTE RESOLUTION
If you are a resident of a European country participating in the Privacy Shield and you have not received timely response to your concern, or we have not addressed your concern to your satisfaction, you may seek further assistance, at no cost to you, from JAMS, which is an independent dispute resolution body in the United States.
ARBITRATION
You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from JAMS; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the resident.
YOUR DATA
PERSONAL INFORMATION
We may collect personal identification information from you when you fill out a form on our site, request information from us, or grant permission to receive email messages from us. This may include your name, email address, mailing address, your company’s name, your company’s address, and or your phone number. This information will only be collected when initiated by you or in the process of responding to a request made by you.
NON-PERSONAL INFORMATION
We may collect non-personal identification information about you whenever you interact with our sites. Non-personal identification information may include the browser name, the type of computer and technical information about the means of connection to our Sites, such as the operating system and the Internet service providers utilized and other similar information.
CHANGE, LIMITATION OF, OR DELETION OF INFORMATION
If you have provided personal information to Rooted Elm or believe Rooted Elm may possess personal information related to you and would like it deleted from our records; or you would like to access, update or limit our use of such information please send an email to [email protected].
HOW WE PROTECT YOUR INFORMATION
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
USE OF COLLECTED INFORMATION
Rooted Elm may collect and use personal information for the following purposes:
- To send emails containing information you requested.
- To send periodic marketing emails you have given permission to receive.
- To respond to inquiries, questions, and/or other requests made by you.
SHARING YOUR PERSONAL INFORMATION
We do not sell, trade, or rent your personal identification information to others. We may share personal information for legal, protection, and safety purposes, such as to comply with laws, to respond to lawful requests and legal process, to enforce our agreements, policies, and terms of use, and to protect the safety of our employees, agents, clients, or any person. It is important to note and understand that unless we have arranged otherwise via express contractual terms with a client, all personal information collected or processed by Rooted Elm (whether Client Data or User Data) is stored in the United States, and could therefore be accessed by courts, law enforcement and national security authorities in the United States. We may use third party service providers to help us operate our business or administer activities on our behalf, such as sending email messages. We may share your information with these third parties for those limited purposes provided that you have given us your explicit permission.
MINIMUM AGE
To the extent prohibited by applicable law, Rooted Elm does not allow use of our site by or send email messages to anyone younger than 16 years of age. If you learn that anyone younger than 16 years of age has provided us with personal data, please contact immediately and we will promptly remove any data pertaining to that individual.
BROWSER COOKIES
Our Site may use First-Party ‘Cookies’ (placed by rootedelm.com or elm4.us only and not shared with third parties) to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us. At no time will Rooted Elm deploy third-party cookies on our sites.
EMAIL MESSAGING
If you opt-in to our mailing list or request specific information from us you may receive emails from time to time that are send through a third party. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or you may send an email to [email protected]. We may use third party service providers to help us operate our business and this site or administer activities on our behalf. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
UNSOLICITED EMAIL MESSAGING or “SPAM”
Rooted Elm does not send or condone unsolicited email. We only send emails to people who have requested to and opted into receive messages from us. Further, Rooted Elm requires all clients that utilize our services to also adhere to a strict opt-in only messaging policy.
If you feel you have received unsolicited email from Rooted Elm or one of Rooted Elm’s clients, please send a message to [email protected].
ABOUT THIS POLICY
CHANGES
Rooted Elm has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
ACCEPTANCE
By using our sites or receiving emails from Rooted Elm, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our sites and or unsubscribe from our emails. Your continued use of our sites and or subscription to our emails will be deemed your acceptance of this policy and or any changes once posted.
LAST UPDATED
January 13, 2023
CONTACT US
Any question, concern or complaint concerning compliance with our Privacy Policy, including requests regarding personal information of consumers processed by Rooted Elm on behalf of its clients, should be addressed to:
Jason Meeker, Managing Partner
Phone: 615.975.3877
Email: [email protected]