Your use of the Element451 service, application, information and other materials available on and through the website and any Element451 mobile applications (collectively the "Site") is subject to the terms and conditions set forth herein, as well as any other policies, notices, disclaimers, or restrictions posted on the Site (collectively, the "Terms of Use"). PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU AGREE TO ADHERE TO AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE SITE
Each time you enter in a login ID and password on the Site or enter the Site through a third party service provider, (1) you agree to be bound by the Terms of Use and (2) you represent that: (a) you have been authorized to use the Site by Element451, Inc. ("Element451" or "we") or an educational institution that has entered into an agreement with Element451 for the use of the Site (a "School"); (b) you are an employee or agent of Element451 or a School; and (c) you are the user assigned to use the login ID and password that is accessing the Site. Use of the Site is restricted to authorized users. Unauthorized use of the Site including, but not limited to, unauthorized entry into the Site, misuse of passwords, or misuse of any information within the Site is strictly prohibited.
Element451 reserves the right, at any time, to add to, delete or modify these Terms of Use, as well as all or any part of the Site in our sole discretion. We will notify you of changes to our Terms of Use by posting the new Terms of Use on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You agree to review these Terms of Use and other online policies posted on our Site periodically to be aware of any revisions.
By using the Site, you represent, warrant and covenant to Element451 that:
You acknowledge and agree that, Element 451 (and/or its affiliates and/or its licensors) shall own all worldwide right, title and interest in and to the Site and its entire contents, features and functionality, including any modifications, updates, upgrades, copies, derivative works, augmentations or customizations of the foregoing, except for Client Content (collectively, "Materials). All rights not expressly granted to you herein are expressly reserved to the Company and its affiliates and licensors. "Client Content" means any and all data or information: (i) provided to Company by a School or the School's authorized users; or (ii) collected by Company on behalf of a School in the course of its performance of services for the School. The applicable School shall retain all right, title, and interest in and to the Client Content. By entering, transmitting or otherwise providing content on the Site, you hereby grant permission to Element451 to use, reproduce, modify, display and publish the content in connection with Element451's provision of services to the School on behalf of which you are using the Site in accordance with the terms of such School's agreement with Element451 (the "Applicable Client Agreement").
Modification of the Materials or use of the Materials for any purpose other than that expressly permitted herein or in the Applicable Client Agreement is a violation of copyright and other proprietary rights and the use of any such Material on any other web site or computer environment is strictly prohibited.
You may submit feedback, suggestions or comments ("Feedback") that will universally enhance the Site. Element451 may, in its sole discretion, decide to incorporate some or all of this Feedback into the Site. Notwithstanding anything to the contrary herein, to the extent any portion of the Site, or any versions thereof or enhancements thereto are not deemed owned by Element 451, you hereby assign all of your right, title and interest in the Site or any such Feedback or enhancements to Element 451. You will execute such documents as may be deemed reasonably necessary to accomplish the objectives of this Section.
"Element451" "Spark451"; and the Company logos as well as other related marks which may appear on the Site, are the service marks and trademarks of the Company and/or its affiliates. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.
The Site may contain hyperlinks to other websites that are not operated by Element451. Element451 does not control these websites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such sites or as implying an association between Element451 and their operators. Such hyperlinks are provided for your reference only and if you decide to access any such sites, you do so at your own risk.
You acknowledge that there are certain security, corruption, transmission error and access availability risks with using open networks such as the Internet and you expressly assume such risks. Because user authentication on the Internet is difficult, Element451 cannot and does not confirm any user's purported identity.
THE SITE AND ANY APPLICATIONS, SERVICES, MATERIALS AND/OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ELEMENT451 DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE.
IN ADDITION, ELEMENT451 DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELEMENT451 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SITE OR RESULTS OF THE USE OF THE SITE, SPECIFIC SERVICES OR APPLICATIONS PROVIDED THROUGH THE SITE, OR ANY MATERIALS OR INFORMATION ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, LEGAL COMPLIANCE OR OTHERWISE. YOU (AND NOT ELEMENT451) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS.
ELEMENT451'S LIABILITY, IF ANY, RESULTING FROM YOUR USE OF THE SITE IS GOVERNED BY THE APPLICABLE CLIENT AGREEMENT. ANY LIABILITY THAT ELEMENT451 MAY HAVE PURSUANT TO SUCH AGREEMENT WOULD BE TO THE PARTY THAT AUTHORIZED YOU TO USE THE SITE AND NOT YOU PERSONALLY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY TO YOU PERSONALLY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM YOUR USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES, APPLICATIONS, MATERIALS OR INFORMATION IS TO STOP USING THE SITE AND/OR THOSE SERVICES, APPLICATIONS, MATERIALS OR INFORMATION.
UNDER NO CIRCUMSTANCES SHALL ELEMENT451, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE, INFORMATION CONTAINED WITHIN THE SITE, OR RELIANCE ON ANY INFORMATION, MATERIALS OR RESULTS PROVIDED TO OR RECEIVED THROUGH THE SITE, EVEN IF ELEMENT451 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold Element451 and its subsidiaries, affiliates, and the respective officers, directors, agents, partners, sponsors, employees and independent contractors of each harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content, data, materials or information you submit, post to or transmit to or through the Site, your use of the Site or reliance upon any Materials provided through the Site, your connection to the Site, your violation of the Terms of Use, your use or disclosure of any content, data, materials or information received through the Site, your negligence, omissions or misconduct, your violation of any rights of another party, or your participation in or conducting of any transaction (or failure to conduct or complete a transaction) through the Site. This provision shall survive the expiration or termination of the Terms of Use and the Applicable Client Agreement.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS A VIOLATION OF THE TERMS OF USE TO LOG ONTO THE SITE WITH A LOGIN ID AND PASSWORD THAT WAS NOT ASSIGNED TO YOU PERSONALLY. YOU AGREE TO KEEP YOUR LOGIN ID CONFIDENTIAL AND TO IMMEDIATELY NOTIFY ELEMNT451 IF YOU LEARN THAT THE SECURITY OF YOUR LOGIN ID AND/OR PASSWORD HAVE BEEN COMPROMISED AND/OR IF YOU SUSPECT THAT ANYONE OTHER THAN YOURSELF HAS ACCESSED THE SITE WITH YOUR LOGIN ID AND PASSWORD.
You agree not to use any functions on the Site which you are not authorized to use. You agree to access and/or enter information on the Site with respect to the entity by which you are employed (or for which you are an agent) only, and not to access any other entity's information.
This Site is controlled and operated by Element451 from its offices within the State of New York, U.S.A. Element451 makes no representation that materials in the Site are appropriate or available for use in countries other than the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of New York by Element451.
The Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within New York and without giving effect to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by Element451, you or any third party in connection with any matters related to this Site, shall be subject only to the jurisdiction of the state or federal courts located in either Nassau County, New York or New York, New York, and you hereby expressly waive any challenge to the jurisdiction or venue of such courts; provided, however, if the Applicable Client Agreement between provides for arbitration of disputes, then Element451 may require that any dispute be arbitrated in accordance with such agreement.
Element451, Inc. ("Element451") uses certain subprocessors (including members of the Element451 Group and third parties, as listed below), subcontractors and content delivery networks to assist it in providing the Element451 Services as described in the Terms of Use ("TOU") and Master Subscription Agreement ("MSA"). Defined terms used herein shall have the same meaning as defined in the MSA.
A subprocessor is a third party data processor engaged by Element451, including entities from within the Element451 Group, who has or potentially will have access to or process Service Data (which may contain Personal Data). Element451 engages different types of subprocessors to perform various functions as explained in the tables below. Element451 refers to third parties that do not have access to or process Service Data but who are otherwise used to provide the Services as "subcontractors" and not subprocessors.
Element451 undertakes to use a commercially reasonable selection process by which it evaluates the security, privacy and confidentiality practices of proposed subprocessors that will or may have access to or process Service Data.
Element451 requires its subprocessors to satisfy equivalent obligations as those required from Element451 (as a Data Processor) as set forth in Element451’s Data Processing Agreement ("DPA"), including but not limited to the requirements to:
Process Personal Data in accordance with data controller’s (i.e. Subscriber’s) documented instructions (as communicated in writing to the relevant subprocessor by Element451);
In connection with their subprocessing activities, use only personnel who are reliable and subject to a contractually binding obligation to observe data privacy and security, to the extent applicable, pursuant to applicable data protection laws;
Provide regular training in security and data protection to personnel to whom they grant access to Personal Data;
Implement and maintain appropriate technical and organizational measures (including measures consistent with those to which Element451 is contractually committed to adhere to insofar as they are equally relevant to the subprocessor’s processing of Personal Data on Element451’s behalf) and provide an annual certification that evidences compliance with this obligation. In the absence of such certification Element451 reserves the right to audit the subprocessor;
Promptly inform Element451 about any actual or potential security breach; and
Cooperate with Element451 in order to deal with requests from data controllers, data subjects or data protection authorities, as applicable.
This policy does not give Subscribers any additional rights or remedies and should not be construed as a binding agreement. The information herein is only provided to illustrate Element451’s engagement process for subprocessors as well as to provide the actual list of third party subprocessors, subcontractors and content delivery networks used by Element451 as of the date of this policy (which Element451 may use in the delivery and support of its Services).
If you are a Element451 Subscriber and wish to enter into our DPA, please email us at privacy@Element451.com.
For all Subscribers who have executed Element451’s standard DPA, Element451 will provide notice via this policy of updates to the list of subprocessors that are utilized or which Element451 proposes to utilize to deliver its Services. Element451 undertakes to keep this list updated regularly to enable its Subscribers to stay informed of the scope of subprocessing associated with the Element451 Services. Element451 Subscribers may subscribe to receive notifications of updates to this policy by clicking "Follow updates" at the top of this policy. Pursuant to the DPA, a Subscriber may object in writing to the processing of its Personal Data by a new subprocessor within thirty (30) days following the update of this policy and such objection shall describe Subscriber's legitimate reason(s) for objection. If Subscriber does not object during such time period the new subprocessor(s) shall be deemed accepted. If a Subscriber objects to the use of a new subprocessor pursuant to the process provided under the DPA, Element451 shall have the right to cure the objection through one of the following options (to be selected at Element451’s sole discretion): (a) Element451 will cease to use the new subprocessor with regard to Personal Data; (b) Element451 will take the corrective steps requested by Subscriber in its objection (which remove Subscriber’s objection) and proceed to use the subprocessor to process Personal Data; or (c) Element451 may cease to provide or Subscriber may agree not to use (temporarily or permanently) the particular aspect of a Element451 Service that would involve use of the subprocessor to process Personal Data. Termination rights, as applicable and agreed, are set forth exclusively in the DPA. The following is an up-to-date list (as of the date of this policy) of the names and locations of Element451 subprocessors, subcontractors and content delivery networks (including members of the Element451 Group and third parties):
Element451 owns or controls access to the infrastructure that Element451 uses to host Service Data submitted to the Services, other than as set forth below. Currently, the Element451 production systems for the Services are primarily located in co-location facilities in the United States and Europe. Subscriber accounts are established in one of these regions based on where the Subscriber is located; the Subscriber’s Service Data subsequently remains in that region unless agreed between Subscriber and Element451, but may be shifted among data centers within a region to ensure performance and availability of the Services. The following table describes the countries and legal entities engaged by Element451 in the storage of Service Data.
Entity Name Entity Type Entity Country
Amazon Web Services, Inc. Cloud Service Provider United States
Google Inc. Cloud Service Provider United States
Hivelocity Ventures Corp. Cloud Service Provider United States
Element451 works with certain third parties to provide specific functionality within the Services. These providers are the Subprocessors set forth below. In order to provide the relevant functionality these Subprocessors access Service Data. Their use is limited to the indicated Services.
Twilio, Inc.
Element451 Talk’s cloud center software is built on Twilio, Inc.’s ("Twilio") development platform. Twilio’s development platform provides the APIs from which Element451 Talk accesses the telecommunications infrastructure, including phone numbers, voice minutes, web client, and phone call recording and transcription. Twilio has access to Subscribers’ and End-Users’ information as needed to deliver the Talk and Text messages between Subscribers and End-Users. This includes Service Data contained in the messages and the Personal Data of Subscribers’ Agents and End-Users as needed to send and deliver the messages. Element451 Support also uses Twilio for two-factor authentication of End-Users. The only information Twilio has access to for this purpose is End-User phone number.
Campaigns451TM, Conversations451TM
United States
https://www.twilio.com/legal/privacy
https://www.twilio.com/legal/tos
Tableau Software
Tableau Software offers a wide range of business analytics software products. Tableau Software provides the platform that Element451® uses to create user friendly dashboards for clients to access Element451® modules.
Element451® Dashboard
United States
https://www.tableau.com/privacy
https://www.tableau.com/legal
Alteryx, Inc.
Alteryx provides a self-service data analytics software that allows Element451® to increase productivity of business analytics and enhance business outcomes. Element451® uses Alteryx’s platform for Data Enrichment. Alteryx’s platform allows Element451® to add detailed descriptions of student information on the Insights451TM module.
Insights451TM
United States
https://www.alteryx.com/privacy-policy
https://www.alteryx.com/legal
BigML
Element451®’s predictive modeling modules are built on BigML’s platform. BigML provides the Machine Learning algorithms that Element451® uses to create the predictive models used in several of the available modules.
Insights451TM, Premium PredictTM
United States
https://bigml.com/privacy/
https://bigml.com/tos/
Xplenty
Xplenty offers a cloud-based data integration platform that allows business to integrate, process, and prepare data for analytics. Xplenty’ services include analytics, data stores, file stores, logging, and streaming. Element451® uses Xplenety to prepare data for analytics reports within the Insights451 module and connect data between Element451® and other CRM platforms that clients might use.
Insights451
United States
https://www.xplenty.com/privacy/
https://www.xplenty.com/tos/
As explained above, Element451 also uses certain "subcontractors" to assist in the operations necessary to provide the Element451 Services as described in the Master Subscription Agreement. The following is a list (as of the date of this policy) of the names and locations of material third-party subcontractors. Entity Name Entity Type Location Element451 D.O.O. Development Belgrade, Serbia
As explained above, Element451’s Services may use content delivery networks ("CDNs") to provide the Services, for security purposes, and to optimize content delivery. CDNs do not have access to Service Data but are commonly used systems of distributed services that deliver content based on the geographic location of the individual accessing the content and the origin of the content provider. Website content served to website visitors and domain name information may be stored with a CDN to expedite transmission, and information transmitted across a CDN may be accessed by that CDN to enable its functions. The following describes use of CDNs by Element451’s Services. Amazon Web Services, Inc. All Element451 Services United States Global Public website content served to website visitors may be stored with Amazon Web Services, Inc., and transmitted by Amazon Web Services, Inc., to website visitors, to expedite transmission.