Privacy Policy

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, COOKIES, AND THIRD PARTY SERVICES

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

User and Discord Data

• We collect information when you voluntarily provide it or when you interact with the App on Discord. This may include Discord User IDs, usernames, display names, and avatar hashes; Discord server (guild) IDs, channel IDs, role IDs, and server configuration settings; bot command interaction logs and inputs; explicitly saved server quotes and custom embeds; and messages, attachments, or support transcripts exchanged through the Modmail feature when enabled. User presence and custom status data are evaluated ephemerally in memory in real time (for opt-in moderation, status logs, and informational commands) and are never stored in our databases.

Cookies and Site Data

• We employ cookies and similar technologies to keep track of your local computer's settings such as which account you are logged in with (via Discord OAuth2) 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 us 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. We never use Discord message content or user data to train, fine-tune, or feed any machine learning or artificial intelligence (AI) models.

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:

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 retain personal data and Discord interaction data only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, provide our Services, and comply with legal obligations:

• Server & Configuration Settings: Server configurations, custom settings, and role mappings are maintained as long as the App is present in the respective Discord server. When the App is removed from a server, server-specific data may be retained for a grace period of up to 30 days to facilitate recovery in the event of accidental removal, after which it is purged.

• Modmail, Quotes & Exported Transcripts: Messages and attachments exchanged through the Modmail feature, as well as user-saved server quotes and custom embeds, are retained to facilitate ongoing support and server features until deleted by the user, deleted by server moderators, or removed upon a verified deletion request. Exported moderation and ticket transcripts (hosted via our internal paste service) automatically expire after 30 days and are purged every 30 minutes.

• Temporary Join Logs & Timers: Recent server join records (used for anti-raid moderation filtering) are automatically purged after 24 hours. Scheduled timers (such as reminders, timed roles, or timed bans) are deleted immediately upon completion, and any timers that fail to run and expire are automatically purged after 21 days.

• Interaction Logs: Temporary command and interaction logs used for error troubleshooting, rate limiting, and security auditing are periodically rotated and automatically deleted.

• Deletion on Request: Upon receipt of a verified deletion request, associated personal identifiers and data are permanently removed from our active databases within 30 days, subject to routine backup expiration cycles.

1.11 | SECURITY

We take reasonable steps to protect the information provided via the Services from loss, misuse, unauthorized access, disclosure, alteration, or destruction. All off-platform database records are encrypted at rest (AES-256) and transmitted over encrypted SSL/TLS connections. 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 make data control options available to all users, regardless of their location.

Individuals in California, other US states, the European Economic Area, the United Kingdom, Canada, and various other jurisdictions have 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, request a restriction on its processing, or withdraw any consent, though such actions typically will not have retroactive effect and 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 free of charge by sending an email to privacy@elementalbot.com with your Discord User ID and the subject line "Personal Data Access Request". For your protection, we may take reasonable steps to verify your identity (such as confirming control of the associated Discord account) before disclosing data. We will provide access to the personal data the Services have on you within 30 days of receiving a verified request.

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

You can request modifications or deletion of your data free of charge. Please write to us at privacy@elementalbot.com with the words "Personal Data Request" or "Data Deletion Request" in the subject or body of your message, along with your Discord User ID and an explanation of the request. For your protection, we may take steps to verify your identity before processing your request. Upon verification, we will complete the correction, update, amendment, or deletion of your personal data within 30 days and provide confirmation of its completion. Where permitted by applicable law, we reserve the right to charge a reasonable administrative fee or decline requests that are manifestly unfounded, repetitive, or excessive.

1.13 | EUROPEAN ECONOMIC AREA (EEA) AND UK DATA PROTECTION

Elemental Project operates as a data controller under the General Data Protection Regulation (GDPR) and the UK GDPR. Because our core processing does not constitute large-scale processing of special categories of data and is unlikely to result in a risk to the rights and freedoms of natural persons, Elemental Project is exempt from the requirement to designate a representative in the European Union or United Kingdom under Article 27(2) of the GDPR and UK GDPR. Users located in the EEA or the United Kingdom may direct any inquiries, complaints, or data rights requests directly to us at privacy@elementalbot.com.

1.14 | YOUR CALIFORNIA AND US STATE PRIVACY RIGHTS

Consumers residing in California and other US states with comprehensive privacy legislation (such as Virginia, Colorado, Connecticut, Utah, and Texas) are afforded certain additional rights regarding their personal information under laws such as the California Consumer Privacy Act as amended by the California Privacy Rights Act (collectively, "CCPA/CPRA") and California's "Shine the Light" Law. If you reside in one of these jurisdictions, this section applies to you.

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 (records of Patreon support or digital purchases, if any); financial data (payment status records, without storing raw credit card details); internet or other network information (how you interact with the Site and App); and general location data (inferred from IP address). For details on the precise data points we collect, please see the "INFORMATION WE COLLECT" section above. We collect personal information solely 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 "OUR DISCLOSURE OF YOUR INFORMATION" above solely for business or commercial purposes.

No Sale or Sharing of Personal Information

We do not sell your personal information, nor do we share or disclose personal information for cross-context behavioral advertising or targeted advertising. We do not use or disclose sensitive personal information for purposes other than providing the Services.

Exercising Your Consumer Rights

Depending on your state of residence, you may have the right to request: (1) access to and copies of the specific pieces of personal information we have collected about you, (2) correction of inaccurate personal information, (3) deletion of your personal information, and (4) to opt out of the sale or sharing of your personal information (though we do not sell or share user data). You also have the right not to receive discriminatory treatment for exercising any of these rights. Instructions for submitting requests are detailed in the "YOUR DATA RIGHTS AND CHOICES" section above.

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.