Revised/updated: January 2020
1. INFORMATION COLLECTED
The information we collect falls into two (2) categories: Personal Information and Non-Personal Information. “Personal Information” is information about you that is personally identifiable to you such as your name, address, e-mail address, phone number, and other non-public information that is associated with the foregoing. “Non-personal information” is information that our technology collects in aggregate, without identify you including, your internet connection, the device you use to access our Website, and tracking data relating to your use of our Website.
The only time we collect “Personal Information” is when you voluntarily submit it through our Website or other Testimonial Tree websites or Services, or when you send us an e-mail. For example, certain forms and pages may allow you to submit information such as your name, email address, or other information in order to receive information about our Services or for other reasons. When you choose to provide your information, you are agreeing to allow us to use your information for the purposes stated. We value your information and pay close attention to how your Personal Information is used, stored, and shared. We use your Personal Information sensibly and do not sell your personal information under any circumstances and only provide your personal information to third-parties in limited situations as provided below.
Other “Personal Information” we may collect is from other sources like telephone to telefax numbers you provide to us. We may add this information to the information we have already collected about you in order to improve solutions and services we provide.
We may also ask you for or collect information about your company or organization. Any information about your company that is publicly accessible (such as information found on your website or through search engines or business information database services) will not be considered Personal Information and our use of that information may not be restricted in any way.
2. OUR USE OF YOUR INFORMATION
If you use our products or services to create or market a website, whether for yourself or another business or organization, the information and content of that website or marketing campaign will not be considered Personal Information; accordingly, we may freely use that information without restriction. For example, in order to drive traffic to your website and to make your website easier to find, we may need to disclose keywords about your business, your business name, general and specific description about your business, information about your location, and information about your products and services to third-party services and to the general public. Additionally, unless otherwise restricted in a fully executed business agreement between you and us, we reserve the right to publish the website, marketing campaign, and/or a description of the products and services we are providing you in our online portfolio and news releases.
We use your Personal Information to create your account, to communicate with you about products and services you have purchased, to offer you additional products and services, to improve our services and personalize your experience with us, and to bill you. We also use your Personal Information to the extent necessary to enforce our Terms of Service and other policies to prevent imminent harm to persons or property.
We will not share your Personal Information with other businesses unless (i) necessary for us to perform or fulfill the products and services you order from us, or (ii) the business is providing products or services to us. We may use your Personal Information to provide you with electronic newsletters or promotional e-mails as well as information and offers about our products and services. However, you may “opt-out” at any time by following the unsubscribe instruction provided in the e-mail or replying with “unsubscribe” if no unsubscribe instructions are available.
We use Non-Personal Information to analyze statistical, demographic, and marketing information for product development and to understand usage and traffic trends, to customize your experience on our Website, and to gauge the effectiveness of our communications and marketing campaigns.
3. PROTECTION OF PERSONAL INFORMATION
We employ reasonable measures to maintain the security of your Personal Information. Unfortunately, regardless of the measures taken to secure your Personal Information, neither we nor any company, can guarantee the security of your Personal Information. By using our Website, you acknowledge and agree that we make no such guarantee, and that you use our Website at your own risk.
4. DISCLOSURE OF PERSONAL INFORMATION
In order to provide our Services to you, we may engage independent contractors and provide those independent contractors with access to your Personal Information. Any contractors we engage are required to protect your Personal Information using procedures similar to ours. Users of any Testimonial Tree product or Service are not third-party beneficiaries to any contracts between us and independent contractors.
We also use third parties to maintain and store your Personal Information and to process any payment you make to us. These parties are required not to use your Personal Information other than to provide the services requested by us.
We may disclose your Personal Information to attorneys, collection agencies, or law enforcement authorities to address contractual violations or illegal behavior. Additionally, we may disclosure Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend the rights or property of us or users of our websites or our customers’ websites.
We will retain your information for as long as we provide you with Services. We will also retain and use your information to comply with our legal obligations, resolve disputes, and enforce our agreements.
5. CHOICES REGARDING YOUR PERSONAL INFORMATION
Should you decide to stop receiving e-mail communications or newsletters from us, you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail or replying with “unsubscribe” if no unsubscribe buttons are available. If at any time you wish to subscribe to any communications from us, you may do so by contacting us at email@example.com.
Despite your indicated e-mail preferences, we may send you e-mails regarding updates to legal notices applicable to the account you created with us. From time to time, we may contact you by telephone to offer you products or services, which we believe may be valuable to you. Should you prefer not to receive such calls, please advise the representative who contacts you.
Furthermore, you may make changes to your Personal Information. You may review and update your Personal Information utilizing our client portal. On your client portal you can update and correct Personal Information, subscribe to and unsubscribe from email newsletters, and manage your delivery options and contact information.
6. THE EUROPEAN ECONOMIC AREA
We work with merchants and users around the world, including in the European Economic Area (“EEA”). As part of our service, we may transfer to, and process your Personal Information in, the United States. In order to ensure that your information is protected when transferred out of the EEA, we adhere to the requirements of the General Data Protection Regulation (GDPR), the EU-U.S. and the Swiss-U.S. Privacy Shield Frameworks (see more detail in the Protecting Your Personal Information Across Borders, below), and maintain appropriate inter-company agreements between third parties that may process your information on our behalf.
If you are located in the EEA, you have certain rights under European law regarding your Personal Information, including the right to request access to, correct, amend, delete, port to another service provider, or object to certain uses of your Personal Information. If you are a merchant, a partner, or a visitor of our websites and wish to exercise these rights, please reach out to us using the contact information below.
If you are unhappy with the response that you receive from us, we hope that you will contact us to resolve the issue, but you also have the right to lodge a complaint with the data protection authority in your jurisdiction. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en
7. PROTECTING YOUR PERSONAL INFORMATION ACROSS BORDERS
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Testimonial Tree is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to firstname.lastname@example.org. If requested to remove data, we will respond within a reasonable timeframe.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to email@example.com.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Testimonial Tree’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Testimonial Tree remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Testimonial Tree proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Testimonial Tree commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Testimonial Tree by email at firstname.lastname@example.org
Testimonial Tree has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
8. REGARDING MINORS
Our website is a general audience website with content directed primarily at individuals over the age of 18. Our website is not designed for minors under the age of 18. We do not intend to gather Personal Information from children under the age of 18 and we will delete any such information that becomes known to us.
9. LINKS TO OTHER SITES
Our provision of a link to any other website location, includes websites we have created for third parties, websites we host for third parties, websites linked to in our portfolio, and content or blog is for your convenience and does not signify our endorsement of such other website or location or its contents.
11. CHOICE OF LAW
12. CONTACT INFORMATION