Privacy Policy

This Privacy Policy explains how 919 Media Collective LLC, doing business as Element Underground (“Element,” “we,” “us,” or “our”), collects, uses, shares, and protects information when you visit elementunderground.com, book us, or use our client and crew portals (together, the “Services”). It works alongside our Terms & Conditions. By using the Services, you consent to the practices described here.

1. Scope and consent

This policy applies to information we handle as a business (a “controller”). Where we process content or data on behalf of a client under an Engagement, that client’s instructions and agreement may also apply. If you do not agree with this policy, do not use the Services.

2. Key terms

“Personal information” means information that identifies, relates to, or could reasonably be linked with a particular individual. “Content” means the photos, video, audio, and related media we capture and produce, as defined in our Terms. “Process” means any operation performed on information, including collecting, using, storing, sharing, and deleting.

3. Information we collect

• Contact and booking details you give us (name, email, phone, event details, referral source, and message) when you submit a booking request or reach out.
• Account information for portal users (clients and crew), including profile details, role, and the organization you belong to.
• Content we capture for your engagement: photographs, video, audio, and related metadata, which may include images of identifiable people.
• Transaction and project data, such as proposals, invoices, files, messages, and consent records (including your acceptance of our Terms and this policy).
• Usage, device, and log data from the site and portal, such as pages viewed, actions taken, IP address, browser and device information, and timestamps, including via cookies and similar technologies.
• Billing information, processed by our payment provider (for example, Stripe). We do not store full card numbers ourselves.
• Information from third parties, such as our service providers, social platforms you interact with, and referrals.

4. Sources of information

We collect information directly from you, automatically through your use of the Services, from the events we shoot, and from our service providers and other third parties acting on our or your behalf.

5. How we use information

• To provide, schedule, and deliver our content services.
• To operate the portal and manage projects, files, and billing.
• To communicate with you about your engagement and account.
• To process payments and maintain financial and tax records.
• To promote our work, subject to the usage rights in our Terms.
• To secure, maintain, debug, and improve the site, portal, and services.
• To personalize and analyze use of the Services.
• To develop and improve our products, services, and AI systems (see Section 6).
• To comply with law, enforce our agreements, prevent fraud, and protect our rights and the rights of others.

6. Using content and data to train AI

We may use the Content we capture, the materials you provide, and the data generated through your use of the Services (including images, video, audio, text, metadata, and usage data) to develop, train, fine-tune, test, evaluate, benchmark, and improve artificial-intelligence and machine-learning models, systems, tools, features, and datasets, and to create and commercialize products and services derived from them. This may involve our own models and models provided by our vendors. Where practical, we aim to aggregate or de-identify data used for these purposes, but we are not obligated to do so. This use is also described in our Terms & Conditions. If your engagement requires different treatment of specific Content, that must be agreed in writing.

7. Legal bases (where applicable)

Where required by law, we process personal information on one or more of these bases: performance of a contract with you; our legitimate interests in operating, securing, promoting, and improving our business (including AI development), balanced against your rights; your consent, where we ask for it; and compliance with legal obligations.

8. How we share information

We do not sell your personal information for money. We share information as follows:

• Service providers who help us run our business (for example, hosting, database, email, payments, storage, analytics, and e-signature providers such as Vercel, Supabase, Resend, and Stripe), each acting on our instructions.
• AI and model providers that help us develop and operate our tools, consistent with Section 6.
• Your organization, where you are part of a client or crew account, so authorized members can collaborate.
• Professional advisors such as lawyers, accountants, and insurers.
• Legal and safety recipients, to comply with law, respond to lawful requests, enforce our agreements, or protect rights, property, and safety.
• Business transfers, in connection with a merger, financing, acquisition, or sale of assets.

9. Cookies and tracking technologies

We use cookies and similar technologies for essential functions (such as keeping you signed in and securing the portal), for preferences, and to understand and improve how the Services are used. You can control cookies through your browser settings, though some features may not work without them. We may honor recognized opt-out preference signals where required by law.

10. Data retention

We keep information for as long as needed to provide the Services, meet legal, tax, and accounting obligations, resolve disputes, and enforce our agreements. Captured Content may be retained as part of our archive and portfolio, and data used for AI development may be retained within trained models and datasets, consistent with our Terms. Retention periods vary by the type of information and the purpose for which it is held.

11. Security

We use reasonable technical and organizational measures to protect information, including access controls, authentication, and encryption in transit. No method of transmission or storage is perfectly secure, and we cannot guarantee absolute security. You are responsible for keeping your account credentials confidential.

12. International data transfers

We are based in the United States and our service providers may process information in the United States and other countries. If you access the Services from outside the United States, you understand that your information may be transferred to and processed in countries whose data laws differ from yours. Where required, we use appropriate safeguards for such transfers.

13. Your privacy rights

Depending on where you live, you may have rights to request access to, correction of, deletion of, or a copy of your personal information; to object to or restrict certain processing; and to withdraw consent. To exercise a right, email us at the address below; we may need to verify your identity. We will respond as required by applicable law. We will not discriminate against you for exercising your rights. Note that some information, including Content already incorporated into trained models, datasets, or our archive, may not be retrievable or reversible.

14. Additional information for California residents

Subject to applicable law, California residents may request the categories and specific pieces of personal information we have collected, the categories of sources and third parties, and the business purposes for collection and sharing, and may request deletion or correction. We do not sell personal information for money. To the extent our use of certain data for advertising or AI development is treated as “sharing” under California law, you may opt out by contacting us. You may designate an authorized agent to make a request on your behalf.

15. Marketing choices

You can unsubscribe from marketing emails using the link in those emails, and manage text-message updates as described when you opt in. We may still send you non-promotional messages about your account or engagement.

Text messages. When you provide a phone number (for example in the booking form, the booking chat, or text-message signup), you opt in to receiving texts from Element about your inquiries, bookings, and account, and, where you have separately agreed, occasional updates about new work and events. Message frequency varies, and message and data rates may apply. Reply STOP at any time to stop receiving texts, or HELP for help. Opting out of texts does not affect transactional email about an active booking. Mobile phone numbers and text-message opt-in consent are never shared with or sold to third parties or affiliates for their marketing or promotional purposes.

16. Third-party links and services

The Services may link to third-party sites and services (for example, social platforms and payment providers) that we do not control. Their privacy practices govern your use of them, and we are not responsible for those practices.

17. Children

Our Services are intended for adults and are not directed to children under the age required by applicable law. We do not knowingly collect personal information from children. If you believe a child has provided us information, contact us and we will take appropriate steps.

18. Do Not Track

Some browsers offer a “Do Not Track” signal. Because there is no common standard for responding to these signals, we do not currently respond to them, except where required by law.

19. Changes to this policy

We may update this Privacy Policy from time to time. When we make material changes, we will update the effective date and may ask you to accept the updated terms to keep using the portal. Your continued use after an update constitutes acceptance of the revised policy.

20. Contact

Element Underground is a brand operated by 919 Media Collective LLC, a company based in Albany, NY. Questions or requests about your privacy? Email contact@elementunderground.com.