^{Elm Dirt}
Privacy Policy

This Privacy Policy (“Policy”) of Elm Dirt, LLC., a Kansas corporation (“Elm Dirt”, “we,” “us” or “our”) governs how we handle the personal information we collect for our own purposes via Elm Dirt websites, mobile applications, agreements and our social media assets (collectively, “our sites”), and by email in connection with our business development efforts, marketing programs, surveys, offers, events and other promotions. We may obtain this information directly from you as well as from our affiliated companies, business partners and other third parties.

Information We Collect

You may choose to provide personal information to us in a number of ways, such as when you participate in an offer or promotion, or when you make a purchase on our site, via our social media pages or through one of our mobile applications. The types of personal information you may provide to us includes:

• Personal or business contact information (such as name, address and email address, social media, name of your company or department, and your business function or title);
• Demographic information (such as age, gender, physical characteristics and skincare concerns);
• A general geographic location (such as country and city) from which a visitor accesses our sites;
• Information you provide by interacting with us through our sites, including by submitting questions, commenting on our forums and interacting with us through social media;
• Information provided through social media networks or one of our mobile applications when you visit our social media pages or use one of our mobile applications (such as your name, profile picture, likes, location, friend list and other information described on the social media network or application sign-up page, or your geo-location details when using one of our mobile applications);
• Contact information of individuals with whom you would like to share our content; Payment information (such as account or credit card number for processing through our third party payment processor); and
• other details that you may submit to us or that may be included in the information provided to us by third parties.

If you submit any personal information relating to other people to us or to our service providers in connection with the services (such as if you gift a subscription to another person), you represent that you have the authority to do so and to permit us to use the information in accordance with this Policy.

When you visit our site, view or click on our online advertisements (including our advertisements on third party websites), visit our social media pages or download and use one of our mobile applications, we also collect certain information about your usage or device by automated means or by using technologies such as cookies, web server logs and web beacons. As set forth in more detail below, we may also collect information about your usage and browsing habits using various web-based technologies. The information we may collect automatically includes:

• Usage information. Whenever you visit or interact with our sites, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how our sites are accessed and used (“Usage information”). Usage information may include browser type, device type, operating system, application version, the page served, the time, the preceding page views, and your use of features or applications on our sites, as well as search terms that visitors use to reach our sites. This information helps us keep our sites usable for our visitors and allows us to tailor content to a visitor’s interests.
• Device Identifier. We automatically collect your IP address or other unique identifier (“Device Identifier”) for the Device (computer, mobile phone, tablet or other device) you use to access our sites. A Device Identifier is a number that is assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer our sites, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your interests, and gather broad demographic information for aggregate use.
• Cookies; Pixel Tags. The technologies used on our sites to collect Usage information, including Device Identifiers, include but are not limited to: cookies (data files placed on a Device when it is used to visit our sites), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites like Facebook, Instagram, LinkedIn, Google+, Twitter and, if you so choose, enable interaction between your activities on our sites and your activities on such social networking sites. We, or our partners, may place cookies or similar files on your Device for security purposes, to facilitate site navigation, to perform analytics, and personalize your experience while visiting our sites (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location or demographic information). A pixel tag may tell your browser to get content from another server.
• Deleting or Disabling Cookies. To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, or prevent tracking activities, please refer to your browser’s tools or help menu or other instructions related to your browser.
• Do Not Track Mechanism. Because an industry-standard Do-Not-Track protocol has not yet been established, our information collection practices on our sites will continue to operate as described in this online privacy policy regardless of any “Do Not Track” signals that may be sent by certain browsers. However, you may refuse to accept cookies in order to prevent tracking activities. If you disable or opt out of receiving cookies, please be aware that some features and services on our sites may not work properly because we may not be able to recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. We may use third-party website analytics tools that collect automated information about visitor traffic on our sites, such as Google Analytics. You can learn how Google collects and processes data by going to www.google.com/policies/privacy/partners/.

How We Use the Information We Collect

We use the information we collect for a variety of business purposes such as to respond to your questions and requests for services; provide you with access to certain areas and features; purchase history; verify your identity; communicate with you about your account and activities on our sites, modify or change any of our policies; tailor content, advertisements, and offers we serve you; improve our sites; comply with contractual obligations; and for purposes disclosed at the time you provide your personal information or otherwise with your consent. We may also collect information for purposes such as:

• Communicate with you (including by phone or by email) about our products, services, offers, surveys, events and promotions, and offer products and services we believe may be of interest to you;
• Create and manage your online account, including access to your online purchase history, assist with online selection and replenishment, process your payment card and/or gift card transactions;
• Publish your testimonials about Elm Dirt, including on our sites, forums, blogs, and social media assets (if we choose to publish your testimonial, we will generally only include your name, title and company name);
• Follow up with individuals and companies with whom you have shared Elm Dirt content;
• Analyze and enhance our marketing communications and lead generation strategies (including by identifying when emails sent to you have been received and read);
• Analyze trends and statistics regarding visitors’ use of our sites; and Protect against fraud and unauthorized transactions.

We may combine the information we collect with publicly available information and information we receive from our affiliated companies, business partners and other third parties. We may use that combined information for the purposes described in this Policy. On our sites, we may collect information about your online activities to provide advertising about products and services tailored to your individual interests. You may see certain ads on our sites and other sites because we participate in advertising networks. Ad networks allow us to target our advertising to users through demographic, behavioral and contextual means. These networks may track your online activities over time and across third-party websites or online services, including by collecting information through automated means through the use of cookies, web server logs, web beacons and other methods. These networks may place cookies, web beacons or similar tracking devices while you are visiting our sites or other sites. The networks use this information to show you advertisements for Elm Dirt and our business partners that are tailored to your individual interests. They may also use the information they collect for their own purposes. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors’ advertising networks, such as the pages or advertisements you have viewed, and the actions you take on the sites. This data collection and ad targeting take place both on our sites and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.

Information We Share

We do not sell, rent, or otherwise disclose personal information about you, except as described in this Policy. We may share non-personal information, such as aggregate data and Usage information with third parties. We may share the information we collect with our affiliated companies, business partners, ad network vendors and their participants, and other third parties for the purposes described in this Policy, including to communicate with you about products and services, offers, events and promotions that we believe may be of interest to you. We may also share the information with our service providers that perform services on our behalf. We do not authorize these service providers to use or disclose the information except as necessary to perform certain services on our behalf or comply with legal requirements. We also may share information about you with other third parties when we have given you an opportunity to opt out of such sharing and you do not opt out.

While on our sites, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including social networking sites. If you agree to have your personal information shared, your personal information will be disclosed to the third party and the personal information you disclose will be subject to the privacy policy and business practices of that third party. We may share your personal information with other entities and our affiliates primarily for business and operational purposes. In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. We may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce our terms and conditions or other applicable policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third parties, visitors to our sites or the public.

Your Privacy Rights, Choice and Access

We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.

You control the personal information that you provide to us on our sites, but some personal information is required by us in order for you to obtain services from us or for you to use our sites. If you choose not to provide us with your personal information on our sites, you may not be able to take advantage of some of the services we offer or use some functionality on our sites. Except as provided above, we will not share personal information collected on our sites with third parties without your consent. You may also direct us to stop sending you promotional emails by following the removal instructions in a communication you receive from us. Your opt-out request will be processed within a reasonable period of time following the date on which we receive it. We ask that you not send us, and you not disclose, any sensitive personal information (e.g., Social Security numbers, health, biometrics or genetic characteristics or other criminal background) on or through the Services or otherwise to us.

If you wish to modify, verify, correct, or delete any of your personal information collected through our sites, you may edit your registered user information or contact us at [email protected]. In accordance with our routine record keeping, we may delete certain records that contain personal information you have submitted through our sites. We are under no obligation to store such personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. If you wish to cancel your online account or request that we no longer use your information to provide you services through the platform, please contact us at [email protected]. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

Your California Data Privacy Rights

If you reside in California, our use of your information is governed by California law, including the California Privacy Protection Act (CCPA). This section applies only to California residents.

Personal Information Collected and Purposes of Use

We collect and use information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your devices when you visit our Websites, provide us your personal information, or have a contractual or business relationship with us or any of our customers, (“Personal Information”).

We collect Personal Information for the purposes identified in the section above called: “Information We Collect”. We may have shared your Personal Information with the categories of third parties identified in the section above called: “Information We Share”. Unless specifically stated, we do not share, disclose, or sell personal information to third parties for their use, but we do share your personal information with our trusted partners to support our business. In these arrangements, the use of the information we share is limited by policies, contracts, or similar restrictions.

Your Privacy Rights under California Law

Californians have the following rights regarding our collection and use of your personal information. We may ask you to provide additional information to verify your request. Californians have the right to request the information regarding the personal information we have collected, sold, or disclosed about you. This policy explains the Categories of personal information collected about you, and sources from which collected;

• Our purpose for collecting personal information;

• Categories of third parties with which the personal information was shared; and

• Specific pieces of personal information collected about consumers.

• Categories of your personal information sold in the preceding 12 months;

• Categories of third parties to whom your personal information has been disclosed;

• Categories of personal information that we disclosed about consumers for a business purpose.

If this Policy does not answer your questions, then you have the right to contact us and request further information on each of these topics.

Right to Opt-out

Californians have the right to opt-out of sharing, disclosure, or sale of your Personal Information. To exercise this right, you or your authorized representative may submit a request by clicking on this link: DO NOT SELL MY PERSONAL INFORMATION

Right to Request Deletion

Californians have the right to request that we delete the personal information we have about you. However, we are not required to delete information if it is necessary to retain your information to:

• Complete the transaction for which the personal information was collected, provide a good or service requested by you, or a transaction reasonably anticipated within the context of our or one of our affiliate’s ongoing business relationship with you, or to otherwise perform a contract we have with you.

• Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity or prosecute those responsible for that activity.

• Debug to identify and repair errors that impair existing intended functionality.

• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.

• Facilitate solely internal uses that are reasonably aligned with your expectations based on your relationship with us or one of our affiliates.

• Comply with a legal obligation.

• Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which it was provided.

Contact Us

You can contact us with questions about this Privacy Notice for California Residents or to exercise your rights as described in this Notice.

Telephone number: 816-890-6750

Email: [email protected] with “Request for California Privacy Information” in the body and subject line of the email

Weblinks: CCPA Request and DO NOT SELL MY PERSONAL INFORMATION

Transfers of Your Personal Information Outside the European Economic Area

Elm Dirt is based in the United States and we process and store information in the U.S. Therefore, we and our service providers will store and access your personal information in the U.S. The U.S. may not provide equivalent levels of data protection as enjoyed in your home jurisdiction.

In such instances, whenever your personal data is transferred to countries outside of the EAA, UK or Switzerland, we will ensure that at least one of the following safeguards is in place:

• The country is one that the European Commission have approved as providing an adequate level of protection for personal data;

• The transfer is subject to a specific derogation in the GDPR or national laws;

• Through the use the standard contractual clauses as the transfer mechanism when a case-by-case analysis has been performed; or

• Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data substantially similar protection as in the UE, EEA or UK.

Data Rights for those in the European Economic Area (EEA), United Kingdom (UK), and Switzerland:

If you reside in the EEA, the United Kingdom, or Switzerland, our use of your personal information is governed by the European Union’s and the United Kingdom’s General Data Protection Regulation, or “GDPR” or applicable EEA or Swiss national laws. These grant you particular rights in your personal information, including the right to alter, correct, receive, or delete personal information processed by Elm Dirt subject to our business interests and any legal requirements we may face.

Those in the EEA, UK, or Switzerland have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here: https://ec.europa.eu/info/law/law-topic/data-protection/data-protection-eu_en

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: https://ec.europa.eu/info/law/law-topic/data-protection_en.

Data Request and Rights

We respond to all requests we receive from individuals wishing to exercise their data protection rights under applicable data protection laws. To protect your privacy and security, we may need to take reasonable steps to verify your identity before responding to your request.

To exercise any of these rights, you may contact us at [email protected]. If we are unable to resolve your complaint, you may contact your country’s data protection authority.

You may also contact our Article 27 representative in the EU and the UK with any questions about our processing of personal information. Please send inquiries to: [email protected]

If you need further assistance regarding your rights, please contact us at [email protected] and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

NEVADA CONSIDERATIONS

If you reside in Nevada, our use of your information is governed by Nevada law. This section applies only to Nevada residents.

Personal Information Collected and Purposes of Use

• We collect certain personal information of Nevada consumers as identified in the section above called: “Information We Collect”.

• We collect this personal information for the purposes identified in the section above called “How We Use the Information We Collect”.

Your Privacy Rights

You have the right to access and correct your personal information or opt-out of the sale of personal information. If you would like to review, correct, or update your personal information, you or your authorized representative may submit your request to [email protected]. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt.

If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

We generally do not disclose or share personal information for profit. Under Nevada law, you have the right to direct us to not sell or license your personal information to third parties. To exercise this right, if applicable, you or your authorized representative may submit a request to [email protected]. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

Access and Correction

You may contact us at [email protected] and we will provide you with reasonable access to the personal information we maintain about you. We will also provide you a reasonable opportunity to correct, amend or delete that information where it is inaccurate. We will respond to your request within a reasonable period of time. We may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances, or as we otherwise deem appropriate. In addition, please note that (i) we may not be able to edit or delete your personal information stored with our third-party service providers, and (ii) we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).

Other Websites, Data Processing and Safeguards

Our sites may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit personal information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our sites (including those linked to through an email or social networking page). This is a U.S. website subject to U.S. law, including applicable privacy and information security requirements. When you visit this site, we may process information about you outside of the country in which you are located, including in the U.S. By using our services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information. We will protect information collected through this site as described in this Policy. While Elm Dirt has implemented administrative, technical and physical safeguards to assist in protecting the personal information we collect, please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below.

This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that Identitypxl is collecting on your visit through a universal consumer options page located at https://pixel.identitypxl.com

Children’s Privacy

Our sites are not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain their personal information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

Updates to this Privacy Policy

This Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on this site to notify you of any significant changes to our Policy and indicate at the bottom when it was most recently updated.

How to Contact Us

If you have any questions, comments or concerns about this Policy or if you would like us to update information we have about you or your choices or preferences, please contact us by email at [email protected].

You also may write to us at:

Elm Dirt
14210 Norby Rd.
Grandview, MO 64030 USA

Updated: These terms are effective as of 2/2023.