Owner: Elemental Project
Owner contact email: email@example.com
Last updated and effective: 02/21/2022
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)").
When you interact with us through the Services, we may collect information from you as further described below:
• 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.
• 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.
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.
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.
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.
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.
• Where required by law, and where the Company sees fit, we handle personal data on the basis of your implied or express consent.
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:
•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.
•We may transfer your information with your consent.
•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.
•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.
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.
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 firstname.lastname@example.org.
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.
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.
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.
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.
If you would like to submit a data access request, you can do so by sending an email to email@example.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.
You can request modifications to your data from us directly. Please write us at firstname.lastname@example.org 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.
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.
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
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 Services); 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.
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.
The CCPA sets forth certain obligations for businesses that sell personal information. We do not sell the personal information of our users.
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.
We received the following number of data requests between October 1, 2016 and November 11, 2020:
No requests to date