1. Introduction
Fundamental Shift, LLC takes your privacy seriously. This Privacy Policy governs the following websites (hereinafter collectively referred to as "Website"):
- identityshifting.com
- fundamentalshift.com
- robscott.com
- recodeyourmind.com
- backtobreath.com
- stillnessinmotion.us
It also governs any other services provided by Fundamental Shift, LLC (hereinafter "Company," "We," "Us," or "Our").
The Website and Services offered by the Company are collectively referred to as "Services." Any reference to "You," "User," or "Your" refers to a User, Registered Member, or Visitor who accesses or uses any Services offered by the Company.
This Privacy Policy describes our policies and procedures about the collection, use, and disclosure of your personal information when you access and use our Services.
2. Scope of This Policy
This Privacy Policy only applies to the personal information we collect from you. As it is possible for you to divulge your personal information to other users when participating in group calls or community settings, there is a possibility that other users may not uphold the same standards of maintaining your privacy as the Company. We do not have any control over how other users who come in possession of your personal information will use it or the security of your personal information in their possession.
3. Definitions
Article 4 of the General Data Protection Regulation defines the following terms:
- Personal Data: Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
- Processing: Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
4. Data Controller
We are the data controller for all personally identifiable information that we collect from you.
5. Updates to This Policy
We may update this Privacy Policy from time to time. The "Last updated" date at the top shows when we last changed it. We'll tell members about significant changes by email or in the app. If you keep using our services after an update, you accept the updated Policy.
6. What Personal Data We Collect
We collect personal information from you when you:
- Register an account or purchase a product or service through our website
- Use our Services
- Send us a support request or contact us
- Participate in our surveys
- Visit our website
- Interact with our AI chat experiences (such as the Hidden Limit Finder)
Information You Provide When Registering or Purchasing
We collect certain personal information from you when you register on the website and/or purchase a product or service through our website. This can include your name, your email address, and your billing details (collected directly by our payment processor, Stripe). For some coaching programs it can also include your address and phone number.
Purpose: We process this information to set up your account, enable you to log into your account, deliver the product or service to you, bill your account, and contact you when required.
Information You Provide When Contacting Us
When you contact us or send us any support request, we will collect your email address, your name, and the content of your message.
Purpose: We process this information for the purpose of responding to your request and offering support where needed.
Information You Provide When Using Our Services
In addition to the information we collect from you when you acquire a product or service, we collect any personal information that you choose to disclose to us when you use the Services we offer, including responses to assessments, coaching conversations, and AI chat interactions.
Purpose: We will only process the personal information you choose to provide us during the course of using our services to deliver our service to you.
Survey Data
We also collect certain information from you when you participate in our surveys that we send to you via email.
Purpose: We use the information from our surveys to improve our service and serve you better.
Automatically Collected Information
We automatically collect certain information about you when you use our Website such as log data about the time, duration, and frequency of your visit, your IP address, your browser type, pages you visit, and operating system you use to access the Service.
Purpose: We process this information to better understand how you use our Services and to improve our user experience.
Payment Information
Any payment information that you provide through our website is directly collected, encrypted, and used by our payment processor for processing your payment. We do not collect, store, or process your payment information. Please note that the information you provide to our payment processor is governed by their own terms of service and privacy policy.
6A. Use of Artificial Intelligence in Our Services
What Goes to Our AI Providers
We use artificial intelligence ("AI") throughout our Services. Evo and the Hidden Limit Finder are AI products. They work by reading your own words, so what you write in them is sent to our AI providers as you wrote it. We don't remove names or other details first. The same goes for what we write for you from it: your reports, your Map, your practices, and some of our emails to you. Your first name may be included where that writing uses it.
How We May Use AI
AI may be used throughout our Services, including:
- Interactive experiences such as Evo, the Hidden Limit Finder, and other AI-powered tools
- Analysis of coaching session recordings and transcripts
- Processing of intake forms, assessments, and questionnaires
- Generation of coaching preparation materials and session summaries
- Pattern recognition and insight generation based on your communications
- Content personalization and service delivery support
Our AI Providers
We use these providers today, each under its business API terms:
- Anthropic (https://www.anthropic.com/privacy): runs Evo's conversations and the Hidden Limit Finder, and writes your reports, readings, practices, and some of our emails to you. It receives your conversations and the notes we keep about you.
- OpenAI (https://openai.com/enterprise-privacy/): turns short statements drawn from what you've shared into numeric vectors, so we can find related ones and spot repeats. It doesn't write anything you read. For private coaching clients, it also turns the audio of your calls with Rob into text, one speaker at a time, so every line is attributed to the right person.
- TypeSafe (https://typesafe.ai/legal/privacy-policy): reads short statements drawn from what you've shared and answers fixed questions about them, such as what kind of statement it is or whether two say the same thing. It doesn't write anything you read.
- ElevenLabs (https://elevenlabs.io/privacy-policy): turns the text of your guided practices into spoken audio. That text is written for you and can include details you've shared.
In our one-to-one coaching practice we may also use AI tools from these and other established providers, such as Google, under their business terms.
Under their commercial terms, Anthropic, OpenAI and TypeSafe don't use the content we send them to train their models. Each provider may keep what we send for a period set by its own retention policy, for example to run the service or to check for misuse. Their policies are linked above.
Important Acknowledgments
You acknowledge that:
- Because our AI features work from your own words, anything you choose to share in them, including names and details about other people, is sent to our AI providers. Share what you're comfortable sharing.
- Third-party AI providers operate under their own policies, and while we select providers with strong privacy commitments, we cannot guarantee their conduct
Purpose
We process data through AI systems to deliver, improve, and personalize our coaching services; to generate insights that support your personal development; and to enhance the quality of our service delivery.
6B. Automated Decision-Making and Profiling
Our Services may involve automated processing of your personal data to evaluate certain personal aspects, including analysis of psychological patterns, behavioral tendencies, and areas for personal development. This processing is integral to delivering our coaching methodology and generating personalized insights.
You have the right to request human review of any significant decisions or outputs generated through automated processing. To request human review, contact us at support@identityshifting.com.
Automated processing does not result in decisions that produce legal effects or similarly significantly affect you without human oversight.
7. Lawful Basis
- The lawful basis for our collection and use of your personal information during account registration is the performance of our agreement with you.
- The lawful basis for our collection and use of your personal information when you send us an enquiry or support request is the performance of our agreement with you.
- The lawful basis for collection and use of automatically collected user data is our legitimate interest in enhancing our service and user experience in a manner that does not override user's rights and freedoms.
- We may also use any of your personal information for the establishment, exercise, or defence of our legal claims if required, and the lawful basis for such processing is compliance with our legal obligations and legitimate interest.
9. Disclosure of Your Information
We do not sell or rent your personal information. We will not disclose your personal information to any party except as described in this Privacy Policy. We may disclose your personal information in the following circumstances:
- Service Providers: With third-party service providers and tools we use in the course of delivering our services to you, including Stripe (payments), Clerk (sign-in), Supabase (our database and servers), Vercel (website hosting), Resend (sending email), Cloudflare (receiving email you send us, and storing call recordings privately), Zoom (hosting and recording coaching calls), and Cal.com (booking calls)
- AI Service Providers: With third-party artificial intelligence providers named in section 6A, who process your data to power our AI features and support our internal service delivery. They receive the content described there, as written, and may store and process it in accordance with their own business terms and privacy policies.
- Legal Requirements: With government or regulatory authorities where we are required to disclose such information by law
- Protect Our Rights: To protect our legal rights
- Business Transfers: With our successors or assigns after a merger or acquisition
We may also use and disclose your personal information where we are of the view that it is necessary to protect the interest of another person, including but not limited to preventing fraud, misappropriation, infringements, identity theft, or any other illegal activity or to prevent any abuse of our services.
10. International Transfer
We are currently operating from our offices in Wyoming, United States of America. When you choose to provide us with your personal information, you understand that your personal information may be transferred, stored, and processed outside your current state or country of residence.
If you are currently in the European Economic Area (EEA) and you choose to provide your personal information to us by accessing our Website, you understand and consent to transfer of your personal information to the United States of America where the data protection laws are different to those in the EEA. If you do not agree to such transfer of data, please refrain from providing any personal information to us.
Please be assured that regardless of the jurisdiction where your personal information is processed, it will always be done in accordance with this Privacy Policy.
11. Your Data Rights
As a data subject, you have certain rights under the General Data Protection Regulation (GDPR):
- Right to Access: You may access the personal information that you have provided us by simply logging into your member account. Should you wish to request a more detailed report of the information we hold for you, please contact us.
- Right to Rectification: You have the right to rectify any incorrect, outdated, or inaccurate personal information.
- Right to Be Forgotten: You have the right to request deletion of your personal information from our records, however, this right is subject to the fulfillment of our data retention policy.
- Right to Object: You have the right to object to our processing of your personal information, including processing of data for direct marketing purposes.
- Right to Withdraw Consent: Where we use consent as the legal basis for processing your personal information, you have the right to withdraw your consent anytime by giving us a written notice.
To exercise any of these rights, please contact us at support@identityshifting.com.
12. Complaints
If you believe that our processing of your personal information is infringing on your privacy rights, we will appreciate it if you would contact us to discuss the matter first. However, if we do not respond to your requests, you do have the right to file a complaint with a supervisory authority responsible for data protection in your country of residence (if you are living in the EEA).
12A. US State Privacy Rights
If you are a resident of California or another US state with a comprehensive consumer privacy law, you may have the right to know what personal information we hold about you, to access it, to correct it, to request its deletion, and to opt out of its sale or sharing. We do not sell your personal information, and we do not share it for cross-context behavioral advertising. To exercise any of these rights, contact us at the details provided at the end of this Policy; we will not discriminate against you for doing so.
13. Marketing Material
From time to time we may send you marketing material such as newsletters and emails. You can choose to unsubscribe from receiving such communication from us at any time by simply clicking the unsubscribe link at the bottom of the email.
Please note that an unsubscribe link stops the kind of email it came in, and you can turn off each kind of email the same way. We may still send you any necessary system-related or billing emails.
14. Security
We take all reasonable and commercially viable steps to secure your personal information and to reduce the risk of any data breach or unauthorized access. We use access-controlled servers and only authorized personnel are allowed to access your information.
You are solely responsible for keeping your sign-in details, and the email account we send sign-in codes to, secure and for not sharing them with any other person. If you suspect that there has been a security breach, please contact us immediately.
Although we make our best efforts to protect your personal information, you understand that any transmission of data over the internet is vulnerable to hacking and similar data breaches, and we are unable to offer any guarantees as to the security of your personal information.
15. Data Retention
We will retain your personal data for the entire duration that your account is active on our Website. Once you terminate your account, we will not keep any of your personal information for a period longer than necessary for the fulfillment of our business and legal obligations.
If you unsubscribe from our marketing emails, we keep a record of your email address and when you unsubscribed, even after the rest of your data is deleted, so we can keep honoring that choice unless you sign up again yourself.
Please contact us should you have any other queries about the exact duration for which we will withhold your personal information on our database.
AI Provider Data Retention: Data transmitted to third-party AI providers is subject to those providers' own retention policies. Upon termination of your account, we will cease transmitting your data to AI providers, but previously transmitted data may be retained by providers in accordance with their policies.
16. Third-Party Websites
We will clearly identify any links to third-party sites on our Website. When you click on these third-party links, you will be redirected to a website that is owned and operated by a third party. Their own legal policies and agreements govern these third-party websites, and we encourage you to review their Terms and Privacy Policy before you make use of their services.
We cannot be held liable for your use and access of such third-party sites or for any information or content made available by such third-party sites. Any presence of third-party links on our Website does not indicate an endorsement or recommendation of such third party by the Company, and your access/use of these sites is solely at your own risk.
17. Children's Privacy
We do not target our Services to persons under the age of eighteen years. We do not knowingly collect any personal information from a person under the age of thirteen years. If you are the parent or legal guardian of a child who has provided us with his/her personal information, please immediately contact us and we will take steps to remove such information from our records.
18. Contact Us
If you have any questions or concerns regarding this Privacy Policy, please contact us at:
Email: support@identityshifting.com
Address:
Fundamental Shift, LLC
1613 Evans Avenue #80
Cheyenne, WY 82001-4619
If you wish to exercise your data rights or have any other requests, please contact us via email and we will respond to your request within 30 calendar days.