www.balancingelephants.com and Balancing Elephants, Inc. understands that your privacy is important to you and that you care about how your
information is used and shared online. We respect and value the privacy of everyone who visits our site and will only collect and use information in
ways that are useful to you and in a manner consistent with your rights and our obligations under the law.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of Our Site; “Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;] “Our Site” means this website, www.balancingelephants.com “United States and EU Cookie Law” means the
relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; “We/Us/Our” means Stephanie Esser (and www.balancingelephants.com, a site owned by Balancing Elephants) a business registered in the State of Minnesota whose registered 9305 Albano Trail, Inver Grove Heights, MN 55077.
2.1 Our Sites, www.balancingelephants.com and Balancing Elephants, Inc. and is part of the Balancing Elephants brand and is owned and operated
by Stephanie Esser dba www.balancingelephants.com and Balancing Elephants, Inc, a business registered in the State of Minnesota whose
registered address is 9305 Albano Trail, Inver Grove Heights, MN 55077
2.2 Our data protection officer is Stephanie Esser who can be contacted at
2.3 We are self-regulated and GDPR compliant
3. Scope – What Does This Policy Cover?
links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise
you to check the privacy policies of any such websites before providing any data to them.
4. What Data Do We Collect?
if you voluntarily submit it and consent to Us using it for the purposes set out in section 5, for example, when signing up for an Account. Depending
upon your use of Our Site, We may collect some or all of the following data:
4.2 contact information such as email addresses and telephone numbers
4.3 IP address (automatically collected)
4.4 web browser type and version (automatically collected)
4.5 [operating system (automatically collected)
4.6 [a list of URLs starting with a referring site, your activity on Our Site,
and the site you exit to (automatically collected)
5. How Do We Use Your Data?
5.1 All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). For more
those located in the EU. Details on security see section 6, below.
5.2 We use your data to provide the best possible services to you. This includes:
5.2.1 Providing information of value through strategies and tactics via email with the intent to aid in growing your business.
5.2.2 Providing and managing your access to Our Site in the case of a membership service where you are required to log-in
5.2.3 Personalizing and tailoring your experience on Our Site with Google Analytics
5.2.4 Supplying our services to you
5.2.5 Personalizing and tailoring Our services for you
5.2.6 Responding to communications from you via email or postal
5.2.7 Supplying you with email Insert Type of Email e.g. newsletters, alerts etc. that you have subscribed to (you may unsubscribe or opt-out at any
time by advising us by email or clicking on the unsubscribe link provided in the footer of our email communications).
5.2.8 On occasion we do market research by asking you for your feedback
5.2.9 Analyzing your use of Our Site [and gathering feedback] to enable Us to continually improve Our Site and your user experience
5.3 In some cases, the collection of data may be statutory or contractual requirement, and We will be limited in the
provide you without your consent for Us to be able to use such data.
5.4 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email
AND/OR telephone AND/OR text message with information, news and offers on Our services. We will not, however, send you any unsolicited marketing
or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy
and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
5.5 Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will
only process your personal data if at least one of the following basis applies:
a) you have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering
into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are
overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data
the subject is a child.
6. How and Where Do We Store Your Data?
6.1 We only keep your data for as long as we need to in order to use it as described above in section 5, and/or for as long as we have your permission
to keep it. In any event, we will conduct an annual review to ascertain whether we need to keep your data and ask if you are still interested in
receiving out information. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy. Our Data Retention Policies are:
6.2 Your data will be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway,
Iceland and Liechtenstein) because we are a USA based business. You are deemed to accept and agree to this by using Our Site and submitting
information to us. We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the
GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties
6.3 Data security is of great importance to us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to
safeguard and secure data collected through Our Site.
6.4 Steps We take to secure and protect your data include:
6.4.1 Our Secure 3rd party vendors: WordPress, Google, Facebook
6.5 Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be
completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.
7. Do We Share Your Data?
7.1 We may contract with third parties to supply you on Our behalf. These may include payment processing, delivery of
goods, search engine facilities, advertising, and marketing. In some cases, third parties may require access to some or all of your data. Where any
of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance
with your rights, Our obligations, and the obligations of the third party under the law. We currently contract with:
WordPress, Facebook, Google
7.2 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such
data will be anonymized and will not include any personally identifying information. We may from time to time share such data with third parties
such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
7.3 In certain circumstances we may be legally required to share certain data held by Us, which may include your personal information, for example,
where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or governmental authority. We
do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding
request that is made of Us.
8. What Happens If Our Business Changes Hands?
8.1 We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business.
Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or
collected by Us.
8.2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When
contacted you will be given the choice to have your data deleted or withheld from the new owner or controller.
9. How Can You Control Your Data?
9.1 When you submit information via Our Site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use
of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails
and at the point of providing your details AND/OR by managing your Account).
9.2 You may also wish to sign up for one or more of the preference services operating in the United States. The Telephone Preference Service (“the
TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you from
receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receive.
10. Your Right to Withhold Information and Your Right to Withdraw
Information After You Have Given it
10.1 You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may
be required to submit or allow for the collection of certain data.
10.3 You may withdraw your consent for us to use your personal data as set out in section 5 at any time by contacting us using the details set out in
section 15, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible services
11. How Can You Access Your Data?
You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact us for more details at
email@example.com or using the contact details below in section 14.
12. What Cookies Do We Use and What For?
By using Our Site you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites,
services, and/or parties other than Us. We use third-party Cookies on Our Site.
12.1 Our Site may place and access certain first-party Cookies on your computer or device. First party Cookies are those placed directly by Us and
our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site,
and the websites visited just before and just after our own, as well as your IP address. A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your
privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Balancing Elephants reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the
information they collect may be associated with your personal information or they may collect information, including personal information, about your
online activities over time and across different websites and other online services. They may use this information to provide you with interest-based
(behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
12.2 For more details, please refer to section 5, above. These Cookies are not integral to the functioning of Our Site.
12.3 Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyze usage statistics, enabling
us to better understand how people use Our Site. This, in turn, enables us to improve Our Site and the services offered through it. You do not have to
allow Us to use these Cookies, as detailed below, however, whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it
does enable us to continually improve Our Site, making it a better and more useful experience for you.
12.4 The analytics service(s) used by Our Site use(s) Cookies to gather the required information. [Certain of these Cookies may be placed immediately
when you first visit Our Site and it may not be possible for us to obtain your prior consent. You may remove these Cookies and prevent future use.
12.5 You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to
disable all cookies or only third-party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please
consult the help menu in your internet browser or the documentation that came with your device.
12.6 You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and
efficiently including, but not limited to, login and personalization settings.
12.7 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by
the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
13. Summary of Your Rights under GDPR
Under the GDPR, you have:
13.1 the right to request access to, deletion of or correction of, your personal data held by Us;
13.2 the right to complain to a supervisory authority;
13.3 be informed of what data processing is taking place;
13.4 the right to restrict processing;
13.5 the right to data portability;
13.6 object to the processing of your personal data
13.7 rights with respect to automated decision-making and profiling (see section 14 below).
out in section 15 below.
14. Automated Decision-Making and Profiling
14.1 In the event that we use personal data for the purposes of automated
decision-making and those decisions have a legal (or similarly significant
effect) on You, You have the right to challenge to such decisions under
GDPR, requesting human intervention, expressing their own point of view,
obtaining an explanation of the decision from Us.
14.2 The right described in section 14.1 does not apply in the following
a) The decision is necessary for the entry into, or performance of, a contract
between the You and Us;
b) The decision is authorized by law; or
c) You have given you explicit consent.
14.3 Where We use your personal data for profiling purposes, the following
a) Clear information explaining the profiling will be provided, including its
significance and the likely consequences;
b) Appropriate mathematical or statistical procedures will be used;
c) Technical and organizational measures necessary to minimize the risk of
errors and to enable such errors to be easily corrected shall be
d) All personal data processed for profiling purposes shall be secured in
e) prevent discriminatory effects arising out of profiling.
15. Email Policies (USA)
We are committed to keeping your e-mail address confidential. We do not
sell, rent, or lease our subscription lists to third parties, and will not disclose
your email address to any third parties except as allowed in the section titled
Disclosure of Your Information.
We will maintain the information you send via email in accordance with
applicable US federal law.
In compliance with the CAN-SPAM Act, all e-mails sent from our organization
will clearly state who the email is from and provide clear information on
how to contact the sender. In addition, all e-mail messages will also contain
concise information on how to remove yourself from our mailing list so that
you receive no further e-mail communication from us. Our emails provide
users the opportunity to opt-out of receiving communications from us and
our partners by reading the unsubscribe instructions located at the bottom of
any email they receive from us at any time. Users who no longer wish to
receive our newsletter or promotional materials may opt-out of receiving
these communications by clicking on the unsubscribe link in the email.
16. Contacting Us
contact us by email: firstname.lastname@example.org or mail: 9305
Albano Trail, Inver Grove Heights, MN 55077 USA. Please ensure that your
query is clear, particularly if it is a request for information about the data We
hold about you (as under section 11, above).
time, or as may be required by law. Any changes will be immediately posted
on Our Site and you will be deemed to have accepted the terms of the
recommend that you check this page regularly to keep up-to-date.