PRIVACY POLICY

This privacy notice for Hammer Creative Inc. and Hammer Creative Ltd. (collectively referred to as “Company,” “we,” “us,” or “our”) describes how and why we might collect, store, use, and/or share your personal information when you use our services (“Services”), such as when you:

• Visit our website at http://www.hammercreative.com, or any website of ours that links to this privacy notice.
• Engage with us in other related ways, including any sales, marketing, or events.

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at info@hammercreative.com.

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.

What personal information do we process?

When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Hammer Creative and the Services, the choices you make, and the products and features you use. 

Do we process any sensitive personal information?

We do not process sensitive personal information.

Do we receive any information from third parties?

We do not receive any information from third parties.

Ho do we process your information?

We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. 

In what situations and with which parties do we share personal information?

We may share information in specific situations and with specific parties. 

How do we keep your information safe?

We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. 

What are your rights?

Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. 

How do you exercise your rights?

The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

TABLE OF CONTENTS

1. What information do we collect?
2. How do we process your information?
3. What legal bases do we rely on to process your information?
4. When and with whom do we share your personal information?
5. How long do we keep your information?
6. How do we keep your information safe?
7. How do we handle your social logins?
8. Do we collect information from minors?
9. Do we use cookies or tracking technology?
10. What are your privacy rights?
11. Controls for do-not-track features
12. Do we make updates to this notice?
13. How can you contact us about this notice?
14. How can you review, update, or delete the data we collect from you?

1. WHAT INFORMATION DO WE COLLECT?

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the features you use. The personal information we collect may include the following:

• Personal Information Provided by You. We collect names; phone numbers; email addresses; job titles; billing addresses; mailing addresses; contact preferences; and other similar information.
• Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (e.g., a credit card number), and the security code associated with your payment instrument.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

2. HOW DO WE PROCESS YOUR INFORMATION

We process your personal information for a variety of reasons, depending on how you interact with our Services, including to:

• Provide, improve, and administer our Services.
• Communicate with you.
• Comply with legal requirements.
• Prevent fraud and security breaches.

 We may also process your information for other purposes with your consent.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

UK, EEA, and Switzerland

If you are located in the UK, EEA, or Switzerland, we process your personal data based on several legal grounds, including our consent, the necessity of fulfilling a contract, legal obligations, and or legitimate business interests.

United States

If you are a resident of the U.S., we rely on your consent, the performance of a contract, compliance with legal obligations, or legitimate interests as our legal bases for processing your personal data.

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

We may share your personal information with third parties in the following situations:

• Service Providers: We may share your personal information with service providers to provide, maintain, or improve our services (e.g., payment processors, IT service providers).
• Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business.
• Compliance with Laws: We may disclose your information where we are legally required to do so in order to comply with applicable law, government requests, a judicial proceeding, court order, or legal process.
• If you are a California resident, additional privacy rights regarding how we share personal information apply to you.

 How do we handle international data transfers?

When transferring your personal information outside the UK or EEA (for example, when sharing data between Hammer Creative Ltd. in the UK and Hammer Creative Inc. in the US), we ensure that appropriate safeguards are in place to protect your data, as required under the UK General Data Protection Regulation (GDPR) and the EU GDPR.

These safeguards may include:

• Standard Contractual Clauses (SCCs): These are contractual obligations approved by the European Commission, which ensure that your data receives the same protection as it does in the UK or EEA.
• UK Adequacy Decision: In some cases, the country receiving your personal data may have been deemed by the UK government to provide an adequate level of data protection.

You may request further information or a copy of the relevant data protection safeguards in place by contacting us at info@hammercreative.com.

5. HOW LONG DO WE KEEP YOUR INFORMATION

We retain your personal information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or if this is not possible, then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure.

7. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

 If you choose to register or log in to our Services using a social media account, we may have access to certain information about you. The information we receive from these services may vary depending on your privacy settings on that platform.

8. DO WE COLLECT INFORMATION FROM MINORS

Our services are not intended for individuals under the age of 13 in the U.S., or under the age of 16 in the UK/EEA. We do not knowingly collect or solicit personal information from minors in these age groups. If we learn that we have collected personal information from a child under the applicable age without proper consent, we will delete that information. If you believe we may have inadvertently collected such data, please contact us immediately. In the event that we need to process data from minors, we will seek verifiable parental consent where required by applicable law. Parents or guardians may contact us at info@hammercreative.com to review or request deletion of any data we may have collected from their children.

9. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. You can learn more about how we use such technologies in our Cookie Notice.

10. WHAT ARE YOUR PRIVACY RIGHTS?

Residents of the United States as well as residents of the United Kingdom, EEA, and Switzerland are entitled to certain rights under their respective data protection laws. These include the right to access, delete, or correct their data, as well as rights related to the portability and sale of their data. The specific details and mechanisms for exercising these rights vary by jurisdiction, as outlined below.

 10.2 US California-Specific Privacy Rights

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and the Shine the Light law (California Civil Code Section 1798.83):

• Shine the Light Law: You may request information about personal data disclosed for direct marketing purposes. Submit your request in writing to info@hammercreative.com.
• CCPA Privacy Rights:
  • Right to Know: You can request details on the categories of personal information collected, the purposes for which it’s used, and whether it’s been shared or sold.
  • Right to Delete: You may request the deletion of your personal information, subject to legal exceptions.
  • Right to Opt-Out: You can opt-out of the sale or sharing of your personal information.
  • Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights.
  • Right to Correct: You can request corrections to inaccurate personal information.
• How to Exercise Your Rights
  To exercise your California privacy rights, please contact us atinfo@hammercreative.com. If you are using an authorized agent, they must provide valid authorization.
• Verification Process
  We will verify your identity before processing any request by asking for information that matches the data we have on file.
• Data Categories
  For detailed information on the personal data categories we collect, share, or sell, refer to the full data table provided at below

10.3 US Virginia-specific Privacy Rights

If you are a resident of Virginia, you have specific rights under the Virginia Consumer Data Protection Act (CDPA). These rights apply if you are a “consumer,” defined as a natural person who is a resident of the Commonwealth acting in an individual or household context. It does not include individuals acting in a commercial or employment context.

Definitions under the CDPA:

• Personal Data: Any information that is linked or reasonably linkable to an identified or identifiable natural person. Personal data does not include de-identified data or publicly available information.
• Sale of Personal Data: The exchange of personal data for monetary consideration.

If the definition of “consumer” applies to you, the following rights are available to you:

Your Rights with Respect to Personal Data:

• Right to Access: You have the right to know whether we are processing your personal data.
• Right to Correct: You can request the correction of inaccuracies in your personal data.
• Right to Delete: You may request the deletion of your personal data.
• Right to Obtain a Copy: You can request a copy of the personal data you have previously provided to us.
• Right to Opt-Out: You can opt-out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects.

Hammer Creative does not sell personal data to third parties for business or commercial purposes and will not sell personal data in the future.

How to Exercise Your Rights:
To exercise your Virginia privacy rights, please contact us at info@hammercreative.com.  If you are using an authorized agent, they must provide valid authorization.

Verification Process:
We may need to request additional information to verify your identity or the authority of your authorized agent before processing your request (e.g., “We may ask for identification details or request verification through the email or phone number associated with your account”). We will respond without undue delay, and within forty-five (45) days of receiving your request. This period may be extended once by an additional forty-five (45) days if necessary, with notice of the extension provided within the initial 45-day period.

Right to Appeal:
If we decline to take action regarding your request, we will inform you of our decision and the reasons behind it. If you wish to appeal, please email us at info@hammercreative.com. We will respond to your appeal within sixty (60) days with a written explanation of any actions taken or not taken. If your appeal is denied, you may contact the Attorney General to submit a complaint.

10.4 UK, EEA, and Switzerland Privacy Rights (GDPR)

If you are located in the UK, European Economic Area (EEA), or Switzerland, you have certain rights under the General Data Protection Regulation (GDPR) with respect to your personal data. These rights include:

• Right to Access: You have the right to request access to the personal data we hold about you.
• Right to Rectification: You can request that we correct inaccurate or incomplete personal data.
• Right to Erasure: You may request that we erase your personal data under certain circumstances (e.g., if it is no longer necessary for the purposes for which it was collected).
• Right to Restrict Processing: You have the right to request the restriction of processing of your personal data under certain conditions (e.g., if you contest the accuracy of the data or object to its processing).
• Right to Data Portability: You can request a copy of your personal data in a structured, commonly used, and machine-readable format, and you can ask us to transfer this data to another data controller where technically feasible.
• Right to Object: You may object to the processing of your personal data in specific circumstances, particularly for direct marketing purposes.
• Right to Withdraw Consent: Where we rely on your consent to process your personal data, you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of processing based on consent before its withdrawal.

To exercise any of these rights, you can contact us at info@hammercreative.com.

• Right to Complain / Appeal: If you have any concerns about our use of your personal information, you can make a complaint to us at the address detailed on page 1 of this Privacy Notice.

 You can also complain to the ICO if you are unhappy with how we have used your data.

 The ICO’s address is:

 Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Helpline number: 0303 123 1113

ICO website: https://www.ico.org.uk

11. CONTROLS FOR DO-NOT-TRACK FEATURES

Some web browsers and mobile devices include a Do Not Track (DNT) feature or setting that you can activate to signal your privacy preferences. At this time, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As a result, we do not respond to DNT browser signals. We may begin responding to Do-Not-Track (DNT) signals as technology and standards evolve.

However, we respect your privacy rights and provide other mechanisms to control how we collect and use your data, including:

• Cookie Consent (GDPR Compliance): For users in the UK/EEA, we will obtain your consent before using non-essential cookies or similar tracking technologies. You can manage your cookie preferences through our cookie consent banner.
• Opt-Out Mechanisms (U.S. Residents): Residents of the U.S., including those in California and Virginia, may opt out of the sale or sharing of their personal data or targeted advertising by adjusting their cookie preferences on our website or through the “Do Not Sell My Personal Information” link.

12. DO WE MAKE UPDATES TO THIS NOTICE?

Yes, we will update this notice as necessary to stay compliant with relevant laws. The updated version will be indicated by an updated “Revised” date, and it will be effective as soon as it is accessible.

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at info@hammercreative.com or by post to:

 Hammer Creative
4130 Cahuenga Boulevard Suite 100
North Hollywood, CA 91602
United States

Hammer Creative Ltd
86 – 90 Paul Street
London EC2A 4NE
United Kingdom

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please fill out and submit a data subject access request.