Privacy Policy

Last Updated: June 20, 2022, effective date June 20, 2022.

We are Gear Seven Creative, LLC, d/b/a “Eleven Willow”, with registered address at 11 Willow St., Ste. 7, Nashville, TN 37210. We have produced this privacy policy and notice to keep you informed of how we handle your personal data. This notice contains important information on who we are and how and why we collect, store, use, and share your personal information. This notice also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.  

All handling of your personal data is done in compliance with applicable federal and state law and in the event you have any questions concerning your personal data you may contact our Data Privacy Lead at hello@shiftdynamics.co.

1. Key Terms. For ease of reference and explanation, we use certain key terms throughout this privacy policy. Please see the following key terms contained in this privacy policy:

“We”, “Us”, “Our”, or “Company” refer to Eleven Willow as well as our subsidiaries and affiliates. 

“Personal Information” refers to any information relating to an identified or identifiable individual. 

2. Personal Information We Collect About You. We may collect and use the following personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person, consumer, or household:

Categories of Personal Information and Types of Personal Information Collected: 

• Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers)

• Name, alias, postal address, unique personal identifiers, and email address.

• Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, their name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information

• Name, alias, unique personal identifier, postal address, registered office address, email address, phone number, company or place of employment, title, and project information.

• Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)

• Records of products or services purchased, rented, rendered, considered or otherwise obtained from Us; insurance records or documents; and descriptions of projects or quotes sought from Us.

• Professional or employment-related information

• Employer or company name (including if self-employed), postal address, registered office address, email address, phone number, title, and project information.

3. How Your Personal Information is Collected. We collect most of this personal information directly from you—whether it be in-person, by telephone, text or email, and/or via our website. However, we may also collect information:

• From publicly accessible sources (for example, the Internet generally);
• Directly from a third party (for example, Google Analytics or customer due diligence providers);
• From a third party with your consent (for example, your bank);
• From cookies on our website; and
• Via our network and IT systems, including:

• Door entry systems and reception logs;
• Automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, and/or email and instant messaging systems.

4. How and Why We Use Your Personal Information. Under data protection law, we can only use your personal information if we have a proper reason for doing so, for example:

• To comply with our legal and regulatory obligations;
• For the performance of our contract with you or to take steps at your request before entering into a contract;
• For our legitimate interests or those of a third party; or
• Where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The following explains what we use (process) your personal information for and our reasons for doing so:

• To provide products and/or services to you

• For the performance of our contract with you or to take steps at your request before entering into a contract

• To prevent and detect fraud against you or your company/organization

• For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you

• Conducting checks to identify our customers and verify their identity

• To comply with our legal obligations

• Updating and enhancing customer records

• For the performance of our contract with you or to take steps at your request before entering into a contract; to comply with our legal obligations; for our legitimate interests or those of a third party, for example, making sure that we can keep in touch with our customers about existing orders and new products/services

• Ensuring best commercial practices, administration of our business, and conducting assessments of commercial contracts and partners

• To comply with our legal and regulatory obligations; and for our legitimate interests or those of a third party, for example, to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you

• Marketing our products/services to existing and former customers; third parties who have previously expressed an interest in our services; 

• For our legitimate interests or those of a third party, i.e., to promote our business to existing and former customers.

• Ensuring the confidentiality of commercially sensitive information 

• For our legitimate interests or those of a third party, i.e., to protect trade secrets and other commercially valuable information and; to comply with our legal and regulatory obligations.  

5. Promotional Communications. We may use your personal information to send you updates (by email, telephone, or mail) about our products/services, including offers, promotions or new products/services we have begun offering.

We have a legitimate interest in processing your personal information for promotional purposes (see above “How and why we use your personal information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell or share it with other organizations outside Gear Seven Creative, LLC, and its subsidiaries and affiliates.

You have the right to opt out of receiving promotional communications at any time by:

• Contacting us at hello@shiftdynamics.co; or
• Using the “unsubscribe” link in emails; 

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and/or services in the future, or if there are changes in the law, regulation, or the structure of our business.

6. Who We Share Your Personal Information With. We routinely share personal information with:

Our affiliates, including companies within the Gear Seven Creative, LLC, group;

• Service providers we use to help deliver our products and/or services to you, such as payment service providers, insurers, unions, or other third party contractors we use in order to perform our contracts with you;
• Other third parties we use to help us run our business, such as marketing agencies or website hosts;
• Third parties approved by you, including third-party payment providers;
• Our insurers and brokers;
• Our bank(s);

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

7. Personal Information We Disclosed for a Business Purpose. In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, person, consumer or household:

• Identifiers (e.g., name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, or email address);
• Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, their name, alias, unique personal identifier, registered office address, mailing address, email address, telephone number, company or place of employment, title, or project information;
• Commercial information (e.g., records of products or services purchased, rented, rendered, considered or otherwise obtained from Us; insurance records or documents; and descriptions of projects or quotes sought from Us);
• Professional or employment-related information (e.g., employer or company name (including if self-employed), postal address, registered office address, email address, phone number, title, and project information;

8. Where Your Personal Information is Held. Information may be held at our offices and those of our Gear Seven Creative, LLC, group companies, third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”).

9. How Long Your Personal Information Will Be Kept. We will keep your personal information while we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary:

• To respond to any questions, complaints or claims made by you or on your behalf;
• To show that we treated you fairly; or
• To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. 

When it is no longer necessary to retain your personal information, we will delete it.

10. What Are Your Rights Under the CCPA?

You have the right under the California Consumer Privacy Act of 2018 (“CCPA") and certain other privacy and data protection laws, as applicable, to exercise free of charge:

• Disclosure of Personal Information We Collect About You

• You have the right to know: 

• The categories of personal information we have collected about you; the categories of sources from which the personal information is collected; our business or commercial purpose for collecting or selling personal information; the categories of third parties with whom we share personal information, if any; and the specific pieces of personal information we have collected about you.

• We are not required to: 

• Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or provide the personal information to you more than twice in a 12-month period.

• Personal Information Sold or Used for a Business Purpose

• In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:

• The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and the categories of personal information that we disclosed about you for a business purpose.

• You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale or disclosure of your personal information, email our Data Protection Lead at hello@shiftdynamics.co.

• Right to Deletion

• Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

• Delete your personal information from our records; and direct any service providers to delete your personal information from their records.

• Please note that we may not delete your personal information if it is necessary to: Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality; exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; comply with the California Electronic Communications Privacy Act; engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with an existing legal obligation; or otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

• Protection Against Discrimination

• You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

• Deny goods or services to you; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to you; or suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

• Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information.

11. How to Exercise Your Rights Under the CCPA.

If you would like to exercise any of your rights as described in this Privacy Policy, please:

• Email or write to us at hello@shiftdynamics.co or Eleven Willow, attn: Data Privacy Lead, 11 Willow St., Ste. 7, Nashville, TN 37210.

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

If you choose to contact directly by email or in writing, you will need to provide us with:

• Enough information to identify you (e.g., your full name, address, email address, and customer or matter reference number));
• Proof of your identity and address (e.g., a copy of your I.D., driving license, employment credentials, and any other information we reasonably request to verify your identity); and
• A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

12. What We Do With Cookies. Our website uses cookies. A cookie is a small file of letters and numbers that is stored on your device when you visit a website.

Cookies are useful as they help us to provide you with a good experience when you browse our site, for example by storing your preferences and maintaining your settings. They also help us to improve the site. By continuing to browse the site, you are agreeing to our use of cookies, and you accept that cookies (as listed below) may be used. Please note that information gathered by the cookies on our site is anonymous and cannot be used to identify you personally.

We use the following types of cookie:

1. Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
2. Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences.
3. Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. Some of these are third party cookies which analyze website usage.
4. Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We use this information to make our website and the advertising displayed on it more relevant to your interests. This information is anonymous and cannot identify you personally, but we may share it with third parties to help tailor advertising to your particular interests.

You can block cookies by activating settings on the website browser that you are using. However, if you use the settings to block all cookies (including essential cookies) you may not be able to fully access all areas of our website.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

13. Changes to This Privacy Notice. This privacy notice was published on June 20, 2022 and last updated on June 20, 2022.

We may change this privacy notice from time to time–when we do, we will inform you via our website or other means of contact such as email.

14. How to Contact Us. Please contact us by post or email if you have any questions about this privacy policy or the information we hold about you. You may reach our Data Privacy Lead at hello@shiftdynamics.co.

15. Do You Need Extra Help? If you would like this notice in another format (for example, audio, large print, braille) please contact us (See “How to Contact Us” above).

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