A. Notice of Privacy Rights for Residents of Certain U.S. States
Residents of certain U.S. states may have rights and choices regarding their Information. To the extent any data protection law applies to our collection of your Information, this supplemental section of our Privacy Policy outlines the individual rights you may be entitled to and how to exercise those rights.
Depending on where you live and subject to certain exceptions, you may have some or all of the following rights.
- Right to Know and Access. You may have the right to request that we confirm whether we process your Information, and to request information about our collection and use of your Information, including whether we sell or share your Information. You also have the right to request access to Information we may process about you.
- Right to Data Portability. Where the processing is carried out by automated means, and subject to certain exceptions, you may have the right to request and obtain a copy of your Information that you previously provided to us in a portable format. In addition, to the extent technically feasible, you may have the right to obtain your Information in a readily usable format that allows you to transmit the Information to another data controller without hindrance.
- Right to request Correction of Inaccurate Information. To the extent that we may maintain inaccurate Information, you may have the right to request that we correct such inaccurate Information, taking into account the nature of the Information and the purposes of the processing of the Information.
- Right to Request Deletion. You may have the right to request that we delete certain Information or records provided by or obtained about you, with certain exceptions and limitations as allowed under law.
- Right to Opt Out of the Sale and Sharing of Information. You may have the right to opt out of the processing of your Information for the purpose of selling or sharing of your Information for cross-context behavioral advertising. To the extent that our use of certain online tracking technologies is deemed to be a “sale” or “sharing” under certain data protection laws, you may opt out of these online tracking technologies by submitting a request via https://elevenexperience.com/contact-us/ or by broadcasting an opt-out preference signal, such as the Global Privacy Control (GPC).
- Right to Opt-Out of the use of Information for Targeted Advertising and Profiling. You may have the right to opt out of the processing of your Information for purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
- Right to Limit Use and Disclosure of Sensitive Information. You may have the right to request that we limit the ways we use and disclose your sensitive Information to uses which are necessary for us to perform the Services, or deliver the goods reasonably expected by you, or and as authorized by law. As noted elsewhere we do not use or disclose your sensitive information other than for the permitted business purposes outlined above.
- Right to Non-Discrimination. You may have a right to not be discriminated against in the Services or quality of Services you receive from us for exercising your rights. We will not discriminate against you for exercising any of your rights in this section including denying goods or Services, charging different prices or rates for goods or Services, or providing a different level of quality of goods and Services. However, we may offer a different price, rate, level, quality, or selection of goods or Services, including offering goods or Services for no fee, if you have exercised your right to opt out or the offer is related to your voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.
- Right to Disclosure of Direct Marketers. You may have a right to know the categories and names/addresses of third parties that have received Information for their direct marketing purposes upon simple request, and free of charge.
- Right to Appeal. You may have the right to appeal our denial of any request you make under this section. To exercise your right to appeal, please submit an appeal request via the information in the Contact Us section below or using the form. Within the certain timeframe of receipt of your appeal, as proscribed by the applicable law, we will inform you in writing of any action taken or not taken in response to your appeal, including a written explanation of the reasons for the decisions. If we deny your appeal, you may contact the Attorney General or another authority which we will help you identify.
To learn more about whether you are guaranteed certain rights, or to submit a request to exercise your rights, please contact us using any of the methods in the Contact Us section.
B. Notice of Privacy Rights for Residents of Canada
To the extent any data protection law applies to our collection and processing of your Information, this section of our Privacy Policy outlines the individual rights you may be entitled to and how to exercise those rights.
Depending on where you live and subject to certain exceptions, you may have some or all of the following rights.
- Right to Access. You may have the right to request that we confirm whether we process your Information, to know about our collection and use of your Information, and to request access to Information we may process about you.
- Right to Know Who Has Access to Information. If you are a resident of Quebec, you may also request to learn the categories of personnel with access to Information concerning you.
- Right to Request Correction of Inaccurate Information. To the extent that we may maintain inaccurate Information, you may have the right to request that we correct such inaccurate Information, taking into account the nature of the Information and the purposes of the processing of the Information.
- Right to be Informed of Automated Decision-making. If you are a resident of Quebec, you have the right to be informed if/when Eleven makes a decision based solely on automated processing. You may request information regarding:
- The Information used to make the decision;
- The reasons and main factors that led to the decision; and
- Your right to have the Information used to make the decision corrected.
You may submit observations to Eleven personnel who are able to review the decision. You may also revoke your consent for processing of your Information. If you wish to object to the use and processing of your Information or withdraw consent to this Privacy Policy, you can contact us using the information in the Contact Us Section.
You may have the right to lodge a complaint with the supervisory authorities applicable to you and your situation, regarding our denial of any request you make under this section. although we invite you to contact us with any concern as we would be happy to try and resolve it directly.
To learn more about whether you are guaranteed certain rights, or to submit a request to exercise your rights, please contact us using any of the methods in the Contact Us section.
C. Notice to Individuals in The European Economic Area and the UK
This section applies only to individuals coming to our Services from within the European Union (EU), the European Economic Area (EEA), and the United Kingdom (“UK”), and only if we collect through the Services any Information from you that is considered “Personal Data,” as defined in the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018.
Unless otherwise stated, we are the Data Controller for the Information we process.
1. Your Data Protection Rights
To the extent the GDPR and Data Protection Act 2018 apply, and we hold your Information in our capacity as a Data Controller as defined under those laws, you may request that we:
- Restrict the way that we process and share your Information;
- Transfer your Information to a third party;
- Provide you with access to your Information;
- Remove your Information if no longer necessary for the purposes collected;
- Update your Information so it is correct and not out of date; and/or
- Object to our processing of your Information.
You may also revoke your consent for processing of your Information. If you wish to object to the use and processing of your Information or withdraw consent to this Privacy Policy, you can contact us using the information in the Contact Us section.
The requests above will be considered and responded to in the time-period stated by applicable law. Note, certain Information may be exempt from such requests. We may require additional Information from you to confirm your identity in responding to such requests.
You have the right to lodge a complaint with the supervisory authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly. Please contact us using the information in the Contact Us section.
2. Lawful Basis for Processing Your Information
The lawful basis for our processing of your Personal Data will depend on the purposes of the processing. For most Personal Data processing activities covered by this Privacy Policy, the lawful basis is that the processing is necessary for our legitimate business interests. Where we process Personal Data in relation to a contract, or a potential contract, with you, the lawful basis is that the processing is necessary for the performance of our contract with you or to take steps at your request prior to entering into a contract. If we are required to share Personal Data with law enforcement agencies or other governmental bodies, we do so on the basis that we are under a legal obligation to do so. We will also use consent as the legal basis where we deem appropriate or to the extent required by applicable law, for example, before we collect precise location data from your mobile device.
Depending on what Personal Data we collect from you and how we collect it, we may also rely on various grounds for processing your Personal Data, including the following reasons:
- Processing on the basis of legitimate business interests. When we process Personal Data on the basis that the processing is necessary for our legitimate business interests, such interests include: (i) providing, improving, and promoting our Services; (ii) communicating with current and potential customers, other business partners, and their individual points of contact; (iii) managing our relationships with our customers and other business partners, and their individual points of contact; (iv) other business development purposes; (v) sharing information within the Company, as well as with service providers and other third parties; and (vi) maintaining the safety and security of our products, Services, and employees, including fraud protection.
- Processing on the basis of performance of a contract. Examples of situations in which we process Personal Data as necessary for performance of a contract include e-commerce transactions in which you purchase a service from us.
- Processing on the basis of consent. Examples of processing activities for which we may use consent as its legal basis include: (i) collecting and processing precise location information from your mobile device; (ii) sending promotional emails when consent is required under applicable law; and (iii) processing Personal Data on Company Services through cookies and similar technologies when consent is required by applicable law.
- Processing because we are under a legal obligation to do so. Examples of situations in which we must processes Personal Data to comply with our legal obligations include: (i) providing your Personal Data to law enforcement agencies and other governmental bodies when required by applicable laws; (ii) retaining business records required to be retained by applicable laws; and (iii) complying with court orders or other legal process.
If the processing of your Personal Data is based on your consent, the GDPR and Data Protection Act 2018 also allow users the right to access, revoke, or modify your consent at any time. Please contact us using the information in the Contact Us section, below, to review or modify your consents.
3. Consent to Transfer
We are operated in the United States, and we may use service providers based in the United States to operate our business and our relationship with you. Please be aware that Information, including your Personal Data, that we collect will be transferred to, stored, and processed in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. We maintain measures to address the transfer of your Personal Data between our group companies and between us and our third-party providers in accordance with applicable data protection laws and regulations.
4.Retention
We will retain your Information for as long as needed for the purposes described in this Privacy Policy. More specifically, the time we maintain your Information depends on the following factors:
- Whether we need the Information to provide the Services. We will maintain any data needed to provide you with the Services, such as contact information and payment or transaction information, for as long as needed for us to provide you with the Services, respond to your questions and requests, and/or administer your account (if applicable).
- Whether we need the Information to comply with our legal obligations. We may have legal obligations to maintain your Information where a legal or regulatory body may ask for it in the future, for example in response to a data subject request or complaint. This information may include contact information and location information.
- Whether we need the Information for a legitimate business interest. We may store Information like contact information, cookies, and location information in order to perform analytics, troubleshoot errors, or improve our Services. In any event, we delete the Information when it is no longer needed for our legitimate interest.
Regardless of our reason for retaining your information, we delete all Information in accordance with our routine record keeping policies.