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COMPREHENSIVE PRIVACY POLICY AND TERMS & CONDITIONS

(Effective Date: 9 September 2024 / Last Updated: 9 September 2024)

1. INTRODUCTION

Welcome to the website and associated platforms, applications, and services (collectively, the “Services”) provided by Elephant Qualities Company Limited, One Person Company, LLC (“Company,” “we,” “us,” or “our”). By accessing or using our Services, you agree to the following Privacy Policy and Terms & Conditions (collectively the “Agreement”). If you do not agree with any part of this Agreement, you must immediately discontinue use of our Services.

We are a multidisciplinary company serving multiple geographic locations, including but not limited to the Kingdom of Saudi Arabia (KSA), the GCC region, the United States, the European Union, the United Kingdom, China, and other Asian countries. We offer a wide range of services, such as advisory, higher management consulting, administrative and financial and operations restructuring, technology solutions (including cloud computing, infrastructure, AI, big data, data science, enterprise solution, and more), research and development (including biotechnology, space consulting), software/app/web development, UI/UX, and more. We may also own or operate various platforms that function independently but remain under our corporate umbrella.  

Please read this Agreement carefully to understand your rights and obligations when using our Services.

PRIVACY POLICY

2. SCOPE OF THIS PRIVACY POLICY

This Privacy Policy describes how we collect, use, disclose, transfer, store, and protect information relating to visitors, users, and clients (collectively, “you” or “your”). It also describes the choices available to you regarding your personal information. This Privacy Policy applies to all personal and non-personal data collected through our Services.

2.1 No Obligation to Provide Data-Modification or Deletion Tools

Currently, we may not provide options for you to update, modify, or delete your personal data through automated tools. We may introduce such features in the future, and will update this Privacy Policy accordingly. In the meantime, you may contact us as described in the “Contact Us” section if you have specific requests related to your personal information.

3. INFORMATION WE COLLECT

3.1 Personal Information

We may collect various categories of personal information, including but not limited to:

  • Contact Details: Full name, phone number(s), email address, physical address.
  • Professional/Company Information: Legal entity name, registration number, tax information, internal operations data, affiliations, and other company-related details.
  • Financial Data: Payment information (e.g., credit/debit card details, bank account info), billing and transaction records.

3.2 Usage Data

We may automatically collect certain information about how you access and use our Services, such as:

  • Device & Log Data: IP address, device type, operating system, browser type, browser version, the pages of our Services you visit, and the time and date of your visits.
  • Interaction Data: Clickstream data, navigation paths, and other data relating to your behavior on our website or platforms.

3.3 Cookies & Tracking Technologies

We use cookies, web beacons, pixels, and similar tracking technologies to collect information that helps us improve your experience and our Services. This may include session identifiers, authentication tokens, analytics data, and more. You can adjust your browser settings to refuse some or all cookies, or to alert you when cookies are being sent, though some features of our Services may not function properly if you disable cookies.

3.4 Third-Party and Partner Data

We may receive information about you from third parties, including partners, service providers, payment gateways, hosting providers, analytics services, or other entities that assist in delivering or improving our Services.

4. HOW WE USE YOUR INFORMATION

We use the collected information for multiple lawful bases, including consent, contractual necessity, legitimate interests, and compliance with legal obligations. Primary uses include:

  1. Service Provision:
    • Delivering our consulting, advisory, R&D, and technology services.
    • Managing and operating our online platforms and related solutions.
    • Processing transactions, billing, and fulfilling contractual obligations.
  2. Operations & Development:
    • Providing managed services and support.
    • Conducting research & development for new products or enhancements.
    • Improving platform performance, user interfaces, and user experiences.
  3. Marketing & Communications:
    • Sending newsletters, product updates, promotions, or other communications.
    • Offering you the opportunity to participate in surveys or events.
    • You may opt out of such communications where required by applicable law.
  4. Security & Compliance:
    • Detecting and preventing fraud, illegal activities, or unauthorized access.
    • Complying with local, regional, and international laws (including GCC regulations, GDPR, and other applicable regulations).
    • Fulfilling legal obligations and responding to lawful requests from public authorities or courts.
  5. Business Operations & Analytics:
    • Conducting internal analytics, metrics, and reporting to understand how our Services are used.
    • Evaluating business performance and making data-driven decisions.

5. DATA SHARING & TRANSFERS

5.1 Sharing with Service Providers and Partners

We may share your data with trusted third parties who assist in our operations, such as:

  • Hosting & IT Services (data centers, cloud service providers)
  • Payment Processors & Financial Institutions
  • Analytics & Marketing platforms
  • Other Professional Services (e.g., lawyers, auditors, advisors, debt collectors)

5.2 Business Transactions & Affiliates

We may share or transfer your information in connection with significant corporate events such as mergers, acquisitions, reorganizations, or asset sales, or with our affiliates and subsidiaries. In such cases, we will ensure the confidentiality of your information and give notice before transferring any personal data.

5.3 International Data Transfers

Your personal data may be transferred to and processed in countries outside of your country of residence, including but not limited to KSA, other GCC countries, the United States, the European Union, the United Kingdom, China, and other Asian countries. We take steps to ensure that such transfers comply with relevant data protection laws, including mechanisms such as contractual clauses, adequacy decisions, or other legally recognized means.

6. DATA SECURITY

We employ administrative, technical, and physical safeguards designed to protect your data against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. However, no security system is impenetrable. We cannot guarantee the absolute security of your data, and you acknowledge that you provide it at your own risk.

7. DATA RETENTION

We retain your information for as long as needed to fulfill the purposes for which it was collected and to comply with legal, regulatory, or contractual requirements. The exact retention period will vary depending on factors like legal obligations, dispute resolution, enforcement of agreements, and business operations.

8. USER RIGHTS & CHOICES

Depending on the applicable local, regional, or international regulations (such as GDPR, CCPA, GCC data protection laws), you may have certain rights regarding your personal information, including:

  • Access & Correction: Request a copy of your personal data or correction of inaccurate data (where permitted by applicable law).
  • Withdrawal of Consent: Withdraw your consent where we rely on it for processing (this will not affect the lawfulness of processing before withdrawal).
  • Complaint Filing: File a complaint with your local data protection authority if you believe your rights have been violated.

Currently, we do not guarantee self-service tools for data deletion or modification. If you wish to exercise any rights, please contact us as described in the “Contact Us” section.

9. COOKIES & TRACKING PREFERENCES

You can control cookies and other tracking preferences through your browser settings. Disabling some cookies may affect the functionality of our Services. For more information on how we use cookies, please see Section 3.3 of this Privacy Policy.

10. OWNERSHIP OF SUBMITTED INFORMATION

By submitting any information, whether personal or non-personal, you acknowledge that we may process, store, and use such information as outlined in this Privacy Policy. You further acknowledge that we own all rights and interests in the aggregated or anonymized data we derive from your submissions for any lawful purpose.

11. CONTACT US (PRIVACY INQUIRIES)

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:

Email: legal@elphly.com

Subject Line: Privacy Inquiry

TERMS & CONDITIONS

12. ACCEPTANCE & SCOPE

These Terms & Conditions (“Terms”) govern your access to and use of our Services. By using the Services in any manner, you agree to comply with these Terms. If you do not agree to these Terms, discontinue use immediately.

13. DEFINITIONS

  • “Services” include our websites, platforms, applications, and any tools or features we provide.
  • “Content” includes any text, images, media, designs, code, or other materials made available through the Services.
  • “User,” “You,” “Your” means any person or entity accessing or using the Services.
  • “Company,” “We,” “Us,” “Our” means Elephant Qualities Company Limited, One Person Company, LLC, including elphly.com and its subsidiaries, affiliates, and partners.

14. OUR SERVICES & OFFERINGS

We provide various multidisciplinary services, including but not limited to advisory, management consulting, finance and operations restructuring, technology solutions (cloud computing, AI, big data, data science), research & development (space consulting, biotechnology), software/app development, UI/UX, and other professional services. We also own and operate multiple platforms that may offer independent functionalities under the same corporate umbrella. The specific scope of services you receive may be outlined in a separate written agreement or contract.

15. USER ELIGIBILITY & RESPONSIBILITIES

15.1 Eligibility

By using our Services, you represent that you:

  1. Have the legal capacity to enter into binding contracts under the laws of your jurisdiction.
  2. Will use the Services in compliance with all applicable laws and regulations, especially in the GCC, US, EU, UK, China, and other Asian countries.

15.2 Accurate Information

You agree to provide accurate, current, and complete information when requested by us (e.g., registration forms, payment details). You must promptly update any information to keep it accurate and current.

15.3 Lawful Use & Restrictions

You must not misuse the Services or use them for illegal activities. Prohibited activities include but are not limited to:

  • Violating intellectual property rights or other rights of any entity.
  • Attempting to gain unauthorized access to systems, data, or networks.
  • Engaging in fraudulent, harmful, or unethical conduct.
  • Submitting false or misleading information.

15.4 Secure Practices

You are responsible for maintaining the confidentiality of any accounts, login credentials, or secure information associated with our Services. You must notify us immediately if you suspect any unauthorized activity.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 Our Intellectual Property

Unless otherwise stated, all content, trademarks, designs, logos, brand features, and other intellectual property displayed on or used by our Services are the exclusive property of the Company or its licensors. You may not copy, reproduce, distribute, republish, download, display, post, or transmit any of our intellectual property without our express written permission.

16.2 User-Submitted Content

If you upload or submit any content (“User Content”) to the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute such User Content for the purpose of providing the Services. You represent and warrant that you have all necessary rights to grant this license.

17. THIRD-PARTY TOOLS & INTEGRATIONS

We may integrate or partner with third parties for payment processing, hosting, analytics, cloud ERP systems, and other services. While we strive to partner with reputable providers, we do not assume liability for the actions, policies, or content of third-party services. Your use of third-party tools or integrations is subject to the respective terms and conditions of those providers.

18. FEES, PAYMENTS & REFUNDS

18.1 Fees & Pricing

All applicable fees for the Services will be outlined in our proposals, invoices, or product/service pages. We do not maintain a publicly published, fixed pricing schedule. Fees are subject to change at our discretion, and we will notify you of any changes where required by law.

18.2 Payment Terms

Payments must be made according to the terms outlined in each applicable proposal, invoice, or agreement. Failure to pay any fees by the due date may result in suspension or termination of your access to the Services.

18.3 Late Payments & Collections

Late payments may incur additional charges or interest as permitted by law. We reserve the right to engage third-party debt collection agencies to recover overdue amounts, and you will be responsible for any associated legal or collection costs.

18.4 Taxes

You are responsible for any taxes, duties, or other governmental levies arising from your use of our Services or from any transactions.

19. FAIR USE & MISUSE POLICY

We reserve the right to suspend or terminate your access to the Services if we determine that you have engaged in any of the following:

  • Misuse: Using the Services in a manner that could damage, disable, overburden, or impair any of our servers or networks.
  • Unethical Behavior: Activities that violate any local or international laws, or that infringe upon the rights of others.
  • Security Violations: Attempting to probe, scan, or test the vulnerability of our systems without proper authorization.
  • Fraud or Hacking: Unauthorized access or attempts to access other users’ accounts or sensitive areas of the Services.

20. DISCLAIMER OF WARRANTIES

  1. “As Is” and “As Available”: We provide the Services on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
  2. No Guarantee: We do not guarantee that the Services will be uninterrupted, error-free, secure, or free of harmful components.
  3. Third-Party Liability: We are not liable for the actions or inactions of third parties, partners, or providers. Any disputes or claims related to third-party services must be addressed directly with those third parties.

21. LIMITATION OF LIABILITY

  1. Indirect Damages: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, revenue, data, or goodwill) arising out of or related to your use of the Services.
  2. Maximum Liability: In jurisdictions where limitations of liability are not fully enforceable, our liability shall be limited to the greatest extent permitted by law.
  3. Assumption of Risk: By using our Services, you acknowledge that you assume full responsibility for any loss that results from such use.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, partners, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

  1. Your breach of this Agreement or any applicable law.
  2. Your User Content or any data you submit.
  3. Your use or misuse of the Services.

23. GOVERNING LAW & DISPUTE RESOLUTION

23.1 Governing Law

This Agreement and any dispute or claim arising out of or relating to it shall be governed by and construed in accordance with the laws and regulations of the Kingdom of Saudi Arabia (KSA), without regard to its conflict of laws principles.

23.2 Dispute Resolution

  1. Mediation: In the event of any dispute, the parties shall first attempt to resolve it amicably through mediation in KSA.
  2. Litigation: If mediation fails, the dispute shall be submitted to the courts of KSA, which shall have exclusive jurisdiction.

24. COMPLIANCE WITH LOCAL & INTERNATIONAL LAWS

You agree to comply with all applicable local, national, and international laws and regulations, including but not limited to data protection laws in the GCC, EU (GDPR), US, UK, China, and other relevant jurisdictions. We reserve the right to take all actions we deem necessary or appropriate to comply with such laws.

25. CHANGES TO THIS AGREEMENT

We may modify or update this Agreement at any time. Any changes will be effective upon posting the revised Agreement on our website or platforms. Your continued use of the Services after such changes indicates your acceptance of the revised Agreement. We encourage you to periodically review this Agreement to stay informed of any updates.

26. TERMINATION

We reserve the right to suspend or terminate your account or access to the Services at our sole discretion and without prior notice if we reasonably believe you have breached any part of this Agreement or for any other reason, including prolonged inactivity or unlawful conduct.

27. SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be severed from the remainder of this Agreement, which will remain in full force and effect.

28. ENTIRE AGREEMENT

This Agreement, together with any additional written terms or policies referenced herein, constitutes the entire agreement between you and the Company regarding your use of the Services and supersedes all prior or contemporaneous agreements, understandings, representations, or communications.

29. CONTACT US (TERMS & LEGAL INQUIRIES)

For any questions regarding these Terms & Conditions or for any other legal inquiries, please contact:

Email: legal@elphly.com

Subject Line: Terms & Conditions Inquiry

By continuing to use our Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy and Terms & Conditions. If you do not agree, you must cease all use of our Services immediately.

Thank you for choosing Elephant Qualities Company Limited, One Person Company, LLC. We value your trust and strive to provide secure, reliable, and high-quality services worldwide.