Privacy Policy
Revised/updated: January 2020
PRIVACY POLICY
Testimonial Tree, Inc. (“Testimonial Tree ,” “we,” “us,” “our”) respects the privacy of our Subscribers, Content Submitters, and other users who visit http://get.testimonialtree.com/ (our “Website”). This policy (“Privacy Policy”) is intended to inform you of our policies and practices regarding the collection, use, and disclosure of any information we obtain about you based on your use of our Website.
By visiting our website or using our Services, you agree to the terms of this Privacy Policy. Any capitalized terms not defined below will have the meanings set forth in our Terms of Service which can be found at http://get.testimonialtree.com/.
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.
In addition to “Personal Information”, we may collect “Non-Personal Information.” For example, as you navigate our website, certain passive information is collected, including your Internet Protocol address, browser type, and operating system. We also use cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed. This type of information is collected to make our solutions and services more useful to you.
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 also use cookies so that our Website can remember you and provide you with the information you are most likely to need. For example, when you return to our Website, cookies identify you and prompt the site to provide your username, so you can sign in more quickly. Cookies also allow our Website to remind you of your past purchases and to suggest similar products and services. Finally, we use information gained through cookies to compile statistical information about use of our Website, such as the time users spend at the site and the pages they visit most often. Those statistics do not include Personal Information.
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
We do not sell, license, rent, or swap your Personal Information with third parties without your permission, except as set out in this Privacy Policy or required by law. Also, we do not share Non-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.
If another company acquires our company or assets, the acquiring company will possess your Personal Information collected by us and the acquiring company will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.
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 info@testimonialtree.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. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) (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
Testimonial Tree complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Testimonial Tree has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. Testimonial Tree has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit htts://www.dataprivacyframework.gov/.
With respect to personal data received or transferred pursuant to the Data Privacy Framework, Testimonial Tree is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Data Privacy Framework, 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 Data Privacy Framework, should direct their query to info@testimonialtree.com. 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 info@testimonialtree.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.
In compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), Testimonial Tree commits to resolve complaints about our collection or use of your personal information transferred to the U.S. pursuant to the EU-U.S. DPF, the UK extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. EU, UK, and Swiss individuals with inquiries or complaints should first contact Testimonial Tree at info@testimonialtree.com.
Testimonial Tree has further committed to refer unresolved DPF Principles-related complaints to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you.
If your DPF 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 https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf
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.
We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.
10. PRIVACY POLICY UPDATES
We may modify the provisions of this Privacy Policy at any time by posting a new version on this page and sending you written notice of such modifications. The new version will become effective on the date of such notice.
11. CHOICE OF LAW
If you choose to visit our website or use our products or services, any dispute over privacy is subject to this Privacy Policy as governed by the laws of the State of Florida. By using our Website, you agree that any dispute over privacy must be resolved only through arbitration or litigation. The sole venue for litigation is Lee County, Florida.
12. CONTACT INFORMATION
Should you have any questions or concerns regarding this Privacy Policy, please contact us directly by calling (239) 424-9018, emailing us at info@testimonialtree.com, or writing to us at Testimonial Tree, Inc., 24301 Walden Center Dr., Ste. 300, Bonita Springs, FL 34134.
