Elemental Privacy Policy

Owner: Elemental Project
Owner contact email: privacy@elementalbot.com
Last updated and effective: 11/13/2020



1.1 | INTRODUCTION

Elemental Project provides a bot for the Discord chat platform (the "App"), a website that serves as a dashboard (the "Site"), and various related services (collectively, the "Service(s)").

The Service is operated by Elemental Project (the "Owner", "we", or "us") for users of the Service ("you" or the "user(s)"). This privacy policy sets forth our policy with respect to information that is collected from users of the App, visitors to the Site and/or the Services. Under applicable law, Elemental Project is the "data controller" of Discord user data collected through the Services.

If you choose to use the Service, then you agree to the collection and use of information in relation with this policy. The information we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy or as necessary to adhere to local and applicable laws.

1.2 | INFORMATION WE COLLECT

When you interact with us through the Services, we may collect information from you as further described below:

  • User Data

  • • We collect information from you when you voluntarily provide such information, such as when you use any of the Services. Information we collect may include but not be limited to cookies, usage data, usernames, user IDs, and content you send via the chat feature when interacting with the App.

  • Cookies

  • • We employ cookies and similar technologies to keep track of your local computer's settings such as which account your are logged in with and which theme you have selected on the Site. Cookies are files with small amounts of data. These are sent to your browser from the Site and are stored locally on your computer. You have the option to either accept or refuse these cookies. If you opt to refuse our cookies, you may not be able to use some portions of our Service. We may expand our use of cookies to save additional data as new features are added to the Service.

  • Third Party Services

  • • We may use third party service provider tools ("Third Party Services") such as but not limited to Google Analytics on our Site that employ cookies to facilitate the Service, provide a Service on our behalf, perform services related to the Service, assist in analyzing how the Site is being used, and/or collect information concerning your use of the Site. Third Party Services may have access to a portion or all of the information we collect in order to perform the tasks assigned to them on our behalf. They are directed by use not to disclose or use the information for any other purpose.

1.3 | WHERE INFORMATION IS PROCESSED

The Company is based in the United States of America ("America") and the Services are also hosted in America. No matter where you are located you consent to processing and transferring of your information in and out of America and to other countries. The laws of America and other countries governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.

1.4 | OUR USE OF YOUR INFORMATION

We intend to use the information you provide in a manner that is consistent with this Privacy Policy. If you provide information for a certain reason, we will attempt to use the information in connection with the reason for which it was provided.

Also, if you provide information in order to obtain access to the Services, we will use your information to provide you with access to such services and to monitor the use of such services. The Company, its subsidiaries, and affiliates may also use your information collected through the Services to help us improve the content and functionality of the Services, to better understand our users, operations, and to improve the Services.

1.5 | OUR LEGAL BASES FOR HANDLING OF YOUR PERSONAL DATA

The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds are as follows:

To honor our contractual commitments to you: Much of our processing of personal data is to meet our contractual obligations to our users, or to take steps at users’ request in anticipation of entering into a contract with them. For example, we handle personal data on this basis to log in to your account and provide our Services.


  • Legitimate interests

  • In many cases, we handle personal data on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals: This includes:
    • • Providing a safe and enjoyable user experience.
    • • Customer service.
    • • Protecting our users, personnel, and property.
    • • Analyzing and improving our business, e.g. collecting information about how you use our Services to optimize the design and placement of certain features.
    • • Managing legal issues.
    • • Legal compliance: We need to use and disclose personal data in certain ways to comply with any applicable legal obligations.
    • • To protect the vital interests and safety of the individual or others: For example, we may collect or share personal data to help resolve an urgent medical situation.

  • Consent

  • • Where required by law, and where the Company sees fit, we handle personal data on the basis of your implied or express consent.

1.6 | OUR DISCLOSURE OF YOUR INFORMATION

The Company is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your information with certain third parties, as set forth below:


  • Business Transfers

  • •As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, bankruptcy, dissolution or similar event, your information may be part of the transferred assets.

  • Consent

  • •We may transfer your information with your consent.

  • Related Companies

  • •We may also share your information with our Related Companies for purposes consistent with this Privacy Policy.

  • Agents, Consultants and Related Third Parties

  • •Like many businesses, we sometimes hire other companies or individuals to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments.

  • Legal Requirements

  • •We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of the Company or Related Companies, (iii) protect the personal safety of users of the Services or the public, or (iv) protect against legal or financial liability.

1.7 | UNSOLICITED INFORMATION

You may provide us with ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All unsolicited information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution.

1.8 | CHILDREN

Our Services are for users age 13 and over and we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personal information to us, please contact us at privacy@elementalbot.com.

Note: In some countries, the age of digital consent is older than 13. If you are in those countries, you must be at least that age to use the Services. For example, for residents of the EEA, where processing of personal information is based on consent, Elemental will not knowingly engage in that processing for users under the age of consent established by applicable data protection law. If we learn that we are engaged in that processing with such users, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.

1.9 | LINKS TO OTHER WEBSITES

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by us (the "Third-Party Sites"). The policies and procedures we described here do not apply to the Third-Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their privacy policies.

1.10 | DATA RETENTION

We generally retain personal data for so long as it may be relevant to the purposes identified herein. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

1.11 | SECURITY

We take reasonable steps to protect the information provided via the Services from loss, misuse, unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. For example, email sent to or from the Services is not secure. Therefore, you should take special care in deciding what information you disclose to us via email. Please keep this in mind when disclosing any information via any digital medium.

1.12 | YOUR DATA RIGHTS AND CHOICES

We believe that users should be treated equally no matter where they are, and so we are making the following options to control your data available to all users, regardless of their location.

Individuals in California, the European Economic Area, Canada, Costa Rica and some other jurisdictions outside the United States have certain legal rights to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them (including, in some cases, in portable form), and to obtain its correction, update, amendment or deletion in appropriate circumstances. They may also object to our uses or disclosures of personal data, to request a restriction on its processing, or withdraw any consent, though such actions typically will not have retroactive effect. They also will not affect our ability to continue processing data in lawful ways.


How can I access the personal data you have about me?

If you would like to submit a data access request, you can do so by sending an email to privacy@elementalbot.com. We will send an invoice for a nominal fee to complete the data scour and upon payment of invoice we will start the process and provide you a link to access the personal data the Services has on you within 30 standard working days.


How do I correct, update, amend, or delete the personal data you have about me?

You can request modifications to your data from us directly. Please write us at privacy@elementalbot.com with the words "Personal Data Request" in the subject or body of your message, along with an explanation of what data subject right you are seeking to exercise. For your protection, we may take steps to verify identity before responding to your request. We will send an invoice for a nominal fee to complete the data scour and upon payment of invoice we will start the process to correct, update, amend, or delete the personal data the Services has on you and within 30 standard working days provide you confirmation of its completion.

1.13 | WHO IS ELEMENTAL PROJECT'S EEA REPRESENTATIVE?

The Company will handle any data protection matters, pursuant to Article 27 of the General Data Protection Regulation (the "GDPR") of the European Economic Area (the "EEA") themselves. You can contact the Company through aforementioned means.

1.14 | YOUR CALIFORNIA PRIVACY RIGHTS

Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act or ("CCPA") and the "Shine the Light" Law. If you are a California resident, this section applies to you.


California Consumer Privacy Act


Our Collection and Use of Personal Information

We collect the following categories of personal information: identifiers (such as your username or Discord user ID); commercial information (a record of what you’ve bought from Elemental, if anything); financial data (payment information, if you’ve bought anything from Elemental); internet or other network information (how you interact with the App); location information (because your IP address may indicate your general location); inference data about you; and other information that identifies or can be reasonably associated with you. For examples of the precise data points we collect and the sources of such collection, please see the "INFORMATION WE COLLECT" section above. We collect personal information for the business and commercial purposes described in "OUR USE OF YOUR INFORMATION" above.


Disclosure of Personal Information

We may share your personal information with third parties as described in the "OUR DISCLOSURE OF YOUR INFORMATION" section above. We disclose the categories of personal information mentioned above for business or commercial purposes.


No Sale of Personal Information

The CCPA sets forth certain obligations for businesses that sell personal information. We do not sell the personal information of our users.


Exercising Your Consumer Rights

If you are a California resident, you have the right to request (1) more information about the categories and specific pieces of personal information we have collected and disclosed for a business purpose in the last 12 months, (2) deletion of your personal information, and (3) to opt out of sales of your personal information, if applicable. Details on how to make these requests are in the "YOUR DATA RIGHTS AND CHOICES" section above. We will not discriminate against you if you exercise your rights under the CCPA.


Requests Received

We received the following number of data requests between October 1, 2016 and November 11, 2020:

No requests to date

1.15 | CHANGES TO THIS PRIVACY POLICY

We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any information. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

1.16 | CONTACTING US

Please feel free to contact us if you have any questions about this Privacy Policy or the information practices of the Services. You may contact us at privacy@elementalbot.com.

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