Privacy Policy | Click Element Media

1 Introduction

Click Element LLC, a Nevada limited liability company, operating as Click Element Media ("Company," "we," "us," or "our"), operates the clickelementmedia.com website, related subdomains, landing pages, microsites, applications, and digital properties (collectively, the "Site"), and provides marketing, advertising, design, development, analytics, consulting, and related professional services (collectively, the "Services"). This Privacy Policy ("Policy") describes how we collect, use, disclose, retain, share, sell (where applicable and permitted), and otherwise process information in connection with the Site, the Services, our communications, our marketing activities, and any interaction you have with us, online or offline.

By accessing the Site, communicating with us, submitting a form, engaging our Services, providing information to us through any channel, or otherwise interacting with us, you acknowledge that you have read, understood, and agreed to this Policy and to our Terms of Service, including any binding arbitration and class action waiver provisions contained therein. If you do not agree, do not use the Site or the Services.

This Policy applies to information collected from website visitors, prospective clients, current and former clients, vendors, partners, applicants, event attendees, newsletter subscribers, and any other individual who interacts with us in any capacity ("you" or "User").

2 Scope of information we collect

We take a broad and forward-looking approach to information collection. We may collect, generate, infer, derive, license, purchase, append, or receive any of the following categories of information, by any lawful means, from you, from your devices, from third parties, from publicly available sources, or from data partners. The categories below are illustrative and not exhaustive.

2.1 Information you provide directly

Identifiers: name, alias, postal address, billing and shipping addresses, telephone numbers, email addresses, account names, IP address, account login credentials, signatures, unique personal identifiers, online identifiers, and any government-issued identifiers you choose to share.
Commercial and Business Information: company name, job title, role, industry, business size, revenue band, products and services you offer or are interested in, current and prior vendors, marketing budgets, channel mix, performance metrics, KPIs, and any other operational or financial data you share with us during sales conversations, onboarding, or service delivery.
Communications: the content of any message, email, chat, SMS, voicemail, recorded call, video conference, in-person meeting, intake form, brief, questionnaire, survey, feedback submission, or other communication you exchange with us.
Engagement Inputs: creative assets, brand guidelines, copy, photography, video, customer lists (where you authorize us to upload them to advertising platforms), pixel configurations, ad accounts, analytics accounts, CRM exports, and any other operational data you grant us access to.
Payment Information: billing contact, payment card information, ACH/bank account information, and transaction history, processed through third-party payment processors.
Sensitive or Special-Category Information: we do not solicit sensitive personal information; if you voluntarily provide it, we treat it under this Policy.

2.2 Information collected automatically

Device and Technical Data: IP address, device type, device identifiers, browser type and version, operating system, language, time zone, screen resolution, network information, mobile carrier, and similar technical attributes.
Usage Data: pages and screens viewed, referring and exit pages, click paths, scroll depth, time on page, session duration, search terms, interaction events, conversion events, form interactions (including partial submissions), error logs, and crash data.
Location Data: approximate (IP-based) location and, where you affirmatively grant permission, more precise location.
Cookies, Pixels, SDKs, and Similar Technologies: cookies, web beacons, tracking pixels, tags, scripts, local storage, session storage, server logs, fingerprinting techniques (where permitted), software development kits, and similar technologies, including those operated by third parties such as Google, Meta, LinkedIn, X (Twitter), TikTok, Snap, Reddit, Pinterest, Microsoft, Amazon, and other advertising and analytics partners.
Inferred and Derived Data: attributes, scores, segments, predictions, propensity models, lookalike memberships, and other characteristics we infer or derive from any of the foregoing.

2.3 Information from third parties

Data enrichment, identity resolution, intent, firmographic, technographic, and demographic providers.
Advertising platforms, analytics platforms, attribution vendors, and measurement partners.
Social media platforms and public profiles you make available.
Referrals, introductions, and shared contact information from clients, partners, and mutual contacts.
Publicly available sources, including business registries, professional directories, news, and public records.
Service providers, subcontractors, and integration partners that process information on our behalf or in connection with the Services.

2.4 Information from clients about their customers

In the course of providing Services, clients may grant us access to, or instruct us to process, information about their customers, leads, prospects, employees, or other end users (collectively, "Client Data"). We process Client Data on behalf of, and under instruction from, the applicable client. Where we act as a service provider, processor, or sub-processor, the client's privacy notices and agreements with their end users govern the relationship with those end users; this Policy governs only our independent collection and processing.

3 How we use information

We use information for any lawful business purpose, including, without limitation, the purposes below. We may combine information from any source and use it for any purpose described in this Policy.

Operating, maintaining, securing, optimizing, personalizing, and improving the Site and the Services.
Responding to inquiries, evaluating prospective engagements, qualifying leads, and managing the sales pipeline.
Onboarding clients, performing the Services, fulfilling contracts, billing, collecting payment, and providing support.
Marketing and promoting our Services, including direct marketing by email, SMS/MMS, telephone, postal mail, push notification, in-app message, paid advertising, retargeting, lookalike modeling, audience activation, account-based marketing, and event invitations.
Building, training, validating, testing, refining, evaluating, and operating analytics models, attribution models, predictive models, segmentation, scoring, machine learning systems, and artificial intelligence systems, including generative AI tools, and developing new products, features, methodologies, benchmarks, frameworks, and case studies based on aggregated, de-identified, anonymized, pseudonymized, or pooled data.
Conducting research, surveys, benchmarking, industry reporting, and competitive intelligence.
Personalizing content, offers, creative, recommendations, pricing, and user experiences.
Measuring and reporting on the performance of our Site, our Services, our marketing, and our advertising, including ad targeting, frequency capping, suppression, and conversion measurement.
Detecting, investigating, and preventing fraud, abuse, security incidents, unauthorized access, malicious activity, and violations of our policies or applicable law.
Establishing, exercising, and defending legal claims; complying with legal, regulatory, tax, accounting, audit, and contractual obligations; and responding to lawful requests from public authorities.
Corporate transactions, including evaluating, negotiating, financing, or completing a merger, acquisition, reorganization, joint venture, financing, or sale of all or a portion of our business or assets, including in any due diligence process.
Any other purpose disclosed at the time of collection or to which you consent.

4 Legal bases for processing

Where required by applicable law (including the GDPR and UK GDPR), we rely on one or more of the following legal bases: (a) your consent; (b) performance of a contract with you or to take steps at your request prior to entering into a contract; (c) compliance with a legal obligation; (d) protection of vital interests; (e) performance of a task carried out in the public interest; and (f) our legitimate interests, including operating, securing, marketing, and improving our business, the Site, and the Services, subject to your rights and freedoms.

We do not sell personal information in exchange for monetary consideration in the traditional sense. However, certain online advertising and analytics activities described in this Policy may be considered a "sale" or "sharing" of personal information for cross-context behavioral advertising under the California Consumer Privacy Act, as amended ("CCPA"), and similar state laws. Where applicable, you may exercise the rights described in Section 9. Subject to applicable law, we may disclose information as follows.

5.1 Service providers, vendors, and subcontractors

Hosting, infrastructure, content delivery, security, email, SMS, telephony, recording, transcription, calendar, CRM, project management, accounting, billing, payment processing, e-signature, helpdesk, analytics, attribution, advertising, productivity, and AI/ML providers that process information on our behalf.

5.2 Advertising, analytics, and marketing partners

We share or make available information with advertising platforms, demand-side platforms, supply-side platforms, ad networks, exchanges, analytics providers, attribution vendors, identity graph providers, data clean rooms, measurement partners, and similar third parties for the purposes described in Section 3, including to deliver, target, measure, and improve advertising. These activities may involve the use of cookies, pixels, server-side conversion APIs, mobile identifiers, hashed identifiers (such as hashed email addresses or phone numbers), and similar technologies.

5.3 Affiliates and business partners

Our affiliates, parents, subsidiaries, joint venturers, referral partners, channel partners, agencies, freelancers, contractors, and consultants engaged in supporting or extending our business and the Services.

5.4 Clients and authorized recipients

Where you interact with us in connection with a client engagement, we may share relevant information with the applicable client, their authorized representatives, and parties they direct us to share with.

5.5 Legal, regulatory, and safety disclosures

We may disclose information if we believe in good faith that disclosure is necessary or appropriate to: (a) comply with applicable law, regulation, legal process, subpoena, warrant, or governmental request; (b) enforce our agreements, policies, and Terms; (c) protect the security, rights, property, or safety of Click Element Media, our personnel, our clients, our users, or the public; (d) detect, prevent, or address fraud, abuse, or technical or security issues; or (e) defend against legal claims.

5.6 Corporate transactions

In connection with, or during negotiations of, any merger, acquisition, financing, reorganization, bankruptcy, receivership, dissolution, sale of assets, or transition of service to another provider, your information may be disclosed, shared, transferred, or sold as part of such transaction, including in due diligence, and the acquirer or successor may continue to use the information consistent with this Policy.

We may share information for any other purpose disclosed at the time of collection or with your consent.

5.8 Aggregated and de-identified information

We may create, use, license, sell, publish, share, or otherwise commercialize aggregated, anonymized, de-identified, or pseudonymized information for any purpose without restriction. Such information is not considered personal information under this Policy, provided we do not attempt to re-identify it.

6 Cookies and tracking technologies

We and our service providers and partners may use cookies, pixels, tags, SDKs, server logs, local storage, session storage, fingerprinting (where permitted), and similar technologies for purposes including: (a) operating the Site and remembering preferences; (b) authentication and security; (c) analytics, performance, and product development; (d) advertising, measurement, attribution, retargeting, and personalization; and (e) any other purpose described in this Policy.

Your browser, device, or operating system may offer controls to manage cookies and similar technologies, including options to delete or block them. Some platforms also offer opt-out mechanisms (for example, the Network Advertising Initiative, the Digital Advertising Alliance, the European Interactive Digital Advertising Alliance, and platform-specific advertising preferences). Disabling cookies or similar technologies may degrade the functionality of the Site. We do not currently respond to "Do Not Track" browser signals, but we will honor opt-out preference signals (such as the Global Privacy Control) where required by applicable law and where the Site's functionality makes such signals applicable.

7 Communications, email, SMS, and calls

By providing your contact information, you consent to receive communications from us related to our business, including transactional, relationship, marketing, and promotional communications, by email, telephone, SMS/MMS, postal mail, push notification, and similar channels. Standard message and data rates may apply to text messages. You may opt out of marketing emails by following the unsubscribe link in those emails. You may opt out of marketing SMS by replying STOP. You may opt out of marketing calls by following the instructions provided on the call. Even after opting out of marketing communications, we may continue to send transactional or relationship messages necessary to operate the Site and the Services. We may record and retain telephone calls, video conferences, voicemails, and chat sessions for quality assurance, training, documentation, dispute resolution, and any other lawful purpose, and you consent to such recording where required by law.

8 Data retention

We retain information for as long as necessary or useful to fulfill the purposes described in this Policy, to provide and improve our Services, to operate our business, to maintain records, to comply with our legal, regulatory, tax, accounting, and audit obligations, to enforce our agreements, to defend or assert legal claims, and otherwise consistent with applicable law. Retention periods may vary by category, type, source, and use of information, and may be extended as we deem reasonable. Information may be retained in backups, archives, and disaster recovery systems for additional periods consistent with our standard practices.

9 Your rights and choices

Depending on where you reside, you may have rights regarding our processing of your personal information. We will honor verifiable requests as required by applicable law, subject to legal exceptions. To exercise rights, contact us using the information in Section 16. We may need to verify your identity before processing your request, and we may decline requests that are unverifiable, excessive, repetitive, or not required by law.

9.1 General rights (where applicable)

Access: request information about the personal information we process about you.
Correction: request correction of inaccurate or incomplete personal information.
Deletion: request deletion of personal information, subject to retention exceptions.
Portability: request a copy of certain personal information in a portable format.
Restriction or Objection: request that we restrict or object to certain processing.
Withdraw Consent: withdraw consent where processing is based on consent.
Opt-Out of Sale, Sharing, or Targeted Advertising: as permitted by applicable law.
Limit Use of Sensitive Personal Information: as permitted by applicable law.
Non-Discrimination: we will not discriminate against you for exercising any right.
Authorized Agent: you may use an authorized agent where permitted by law.
Appeal: where required, you may appeal our decision regarding your request.

9.2 California (CCPA/CPRA)

California residents have the rights described above, including the right to know, the right to delete, the right to correct, the right to opt out of the sale or sharing of personal information for cross-context behavioral advertising, the right to limit the use of sensitive personal information, and the right to non-discrimination. To exercise these rights, contact us as described in Section 16.

9.3 European Economic Area, United Kingdom, and Switzerland (GDPR/UK GDPR)

If you are located in the EEA, the United Kingdom, or Switzerland, you may exercise the rights described in Section 9.1 and have the right to lodge a complaint with your local data protection authority. The data controller is Click Element LLC, operating as Click Element Media, contactable as set out in Section 16. Where we transfer your information internationally, we rely on appropriate safeguards, including standard contractual clauses, adequacy decisions, or other lawful transfer mechanisms.

9.4 Other U.S. states

Residents of other U.S. states with comprehensive privacy laws (including, where applicable, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Iowa, Tennessee, Indiana, Delaware, New Jersey, New Hampshire, Kentucky, Maryland, Minnesota, Rhode Island, and others) may have rights similar to those described above. We honor these rights as required by the applicable state law.

10 Third-party services and links

The Site may link to or integrate with third-party websites, platforms, or services that we do not control. We are not responsible for the privacy practices, content, security, or availability of third parties. We encourage you to review the privacy notices of any third party before providing information to them.

11 Children

The Site and the Services are intended for adults and are not directed to children under 16 years of age (or the equivalent minimum age under applicable law). We do not knowingly collect personal information from children. If you believe we have collected information from a child, please contact us and we will take appropriate action.

12 International transfers

We are headquartered in the United States and process information in the United States and in other jurisdictions where we, our affiliates, or our service providers operate. Data protection laws in these jurisdictions may differ from those in your country. By using the Site or the Services, you acknowledge and consent to the transfer of your information to, and processing in, the United States and other jurisdictions, subject to appropriate safeguards where required by law.

13 Security

We implement reasonable administrative, technical, and physical safeguards designed to protect information against unauthorized access, loss, misuse, alteration, or destruction, taking into account the nature of the information and the risks involved. No system is completely secure, and we cannot and do not guarantee the security of information transmitted to or stored by us. You are responsible for maintaining the confidentiality of any credentials and for the security of your devices and networks.

14 Automated decision-making and profiling

We may use automated tools, scoring, segmentation, profiling, and AI/ML systems to evaluate, qualify, target, personalize, and analyze interactions, including for marketing, advertising, fraud prevention, and Service improvement. Where these activities produce legal or similarly significant effects on you and applicable law grants additional rights, we will honor those rights, including any right to request human review.

15 Changes to this Policy

We may update this Policy at any time, in our sole discretion, by posting the revised Policy on the Site. The "Last Updated" date at the top of this Policy indicates when it was last revised. Material changes will be communicated as required by applicable law. Your continued use of the Site or the Services following any update constitutes your acceptance of the revised Policy.

16 Contact us

If you have questions, requests, or concerns about this Policy or our privacy practices, contact us:

Click Element Media
Attn: Privacy
Email: privacy@clickelementmedia.com