Privacy

Privacy Policy

Introduction

Effective Date: March 28, 2019

Welcome! You have arrived at a testimonial messaging and communication platform and service, d/b/a TestimonialsNow (“TN” or “we,” “our” or “us”). This “Privacy Policy” governs your use of www.TestimonialsNow.com (including, without limitation, both mobile and online versions of our website), our messaging platform and also applies to your use of all services, features, mobile applications, databases, content, downloads and other services that we make available through our platform, including the communications platform(s) available on the site (collectively, the “Service”), regardless of how you access or use the Service, whether via personal computers, mobile devices or otherwise. TestimonialsNow is a business to business service provider whereby TestimonialsNow provides notification and messaging services that allows paid and other approved subscribers, such as athletes, celebrities, brands, influencers and others (each a “Client” and collectively our “Clients”) to contact and send messages and information to their fans or followers (“users”, “you” or “your”) through mobile text messaging services, voice messaging and other mobile communication systems. Our Privacy Policy explains our data collection practices when collecting, storing and or using data on behalf of users and our Clients as a service provider. If you are a consumer who received a message delivered by TestimonialsNow because one of our Clients uses our Service and you wish to opt-out from receiving messages, please visit Section 12 below or click here. This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Service or the information practices of our Clients.

In addition, please review the Service’s Terms of Use, which governs your use of the Service. By using our Service,you consent to our Privacy Policy and Terms of Use and our collection, use and sharing of your information and data, and other activities, as described below. To the extent we provide you notice on our Service of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.

If you are located or a resident of the EU, please review Section 13 of this Privacy Policy, which contains our supplemental privacy notice that applies to you.

Table of Contents

  • 1.   What Information Do We Collect?

  • 2.   How Do We Use the Information Collected?

  • 3.   How and When Do We Disclose Information to Third Parties?

  • 4.   Ads and Information About You

  • 5.   What About Information I Disclose Publicly or to Others?

  • 6.   Do Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Service?

  • 7.   How Do I Change My Information?

  • 8.   What About Transfer of Information to the United States?

  • 9.   What Should Parents Know About Children?

  • 10.   What About Security?

  • 11.   What About Changes to the Privacy Policy?

  • 12.   Information on Opt-out of Campaigns for our Clients Users

  • 13.   Supplemental Privacy Notice For Residents of the EU and EEA

The Full Detailed Privacy Policy

1.   What Information Do We Collect?

A.  Information You Provide to Us.  On the Service, we or our service providers may ask you to provide certain categories of information such as: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, email address, date of birth and mobile phone number (as well as for a credit card number and other billing information for Clients who purchase a subscription) (“Personal Information”); and (2) demographic information, such as information about your gender and zip code (“Demographic Information”). We may collect this information through various forms and in various places on the Service, including through “contact us” forms, if you sign up to receive messages from Clients or if you purchase a subscription to use the Service as a Client or when you otherwise interact with the Service. We obtain Personal Information and Demographic Information from our Client’s users as part of the services we offer to our Clients on the Service. If we combine Demographic Information with the Personal Information we collect directly from you, we will treat the combined data as Personal Information under this Privacy Policy.

B.  Information We Collect and Store As You Access and Use the Service.  In addition to any Personal Information or other information that you choose to submit to us via our Service or we obtain as a service provide to our Clients, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect and store certain information whenever you visit or interact with our Service or messages sent through our Service (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Service. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information with your Personal Information, we will treat it as Personal Information. This Usage Information may include:

  • your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;

  • your Device functionality (including browser, operating system, hardware, mobile network information);

  • the URL that referred you to our Service;

  • the areas within our Service that you visit and your activities there, including remembering you and your preferences;

  • your Device location;

  • your Device characteristics; and

  • certain other Device data, including the time of day, among other information.

We may use various methods and technologies to collect and store Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):

  • Cookies.  A cookie is a data file placed on a Device when it is used to visit the Service. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies, go to Adobe’s website www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Service may not function properly, and that when you revisit our Service your ability to limit cookies is subject to your browser settings and limitations.

  • Web Beacons.  Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Service’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page, message or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

  • Embedded Scripts.  An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.

  • Browser Fingerprinting.  Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.

  • ETag, or entity tag.  A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.

  • Recognition Technologies.  Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).

We may use Tracking Technologies for a variety of purposes, including:

  • Strictly Necessary.  We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Service, including cookies required to prevent fraudulent activity, improve security or allow you to make use of Service functionality.

  • Performance Related.  We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Service, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Service.

  • Functionality Related.  We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Service, including identifying you when you visit our Service or keeping track of our specified preferences, including in terms of the presentation of content on our Service.

  • Targeting Related.  We may use Tracking Technologies to deliver content relevant to your interests on our Service and third party sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that have been delivered to you.

There may be other Tracking Technologies now and later devised and used by us in connection with the Service and we may otherwise obtain Usage Information when operating and/or administering a messaging campaign on behalf of our Client. Further, third parties may use Tracking Technologies in connection with our Service and our Client’s campaigns, which may include the collection of information about your online activities over time and across third-party websites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Service, our Client’s campaigns and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.

C.  Information Third Parties Provide About You.  We may receive information about you from your friends and others that use the Service, such as when they submit your information to us about you. Additionally, we may, from time to time, supplement the information we collect directly from you on our Service with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with your Personal Information we collect on the Service, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties.

D.  Interactions with Third-Party Services.  The Service may include functionality that allows certain kinds of interactions between the Service and your account on a third-party website, application or other service. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, we may provide third-party sites’ interfaces or links on the Service to facilitate your sending a communication from the Service. For example, we may use third parties to facilitate emails, Tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. TestimonialsNow may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Service.

E.  Information You Provide About a Third Party.  You may send someone else a communication from the Service, such as sending an invitation to a friend. If so, the information you provide (names, email addresses, mobile number, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your email address, mobile number, name or user name and message may be included in the communication sent to your addressee(s).

F.  California / Delaware Do Not Track Disclosures.  Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.

2.   How Do We Use the Information Collected?

We may use your Personal Information, Demographic Information or Usage Information for various purposes, including:

  • to provide the mobile marketing services to our Clients that we have specifically been engaged to provide as a service provider;

  • to process transactions or provide users of our Service with information, such as to send electronic newsletters or to provide special offers or promotional and marketing materials on behalf of us, or Client’s or third parties, including to let users know about new products, services or upcoming events;

  • to improve the Service, our Service offerings and our Client’s campaigns;

  • to customize each user’s experience or to serve users specific content or ads that our Clients believe are relevant to that user;

  • to provide customer support;

  • to enable you to participate in a variety of the Service’s features;

  • to contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or Service’s policies;

  • to improve the overall experience at the Service;

  • for internal business purposes; and

  • for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

3.   How and When Do We Disclose Information to Third Parties?

We may share non-Personal Information, such as aggregated user statistics, with third parties, including our Clients. Further, we may share your Device Identifiers with third parties along with data related to you and your activities. Also, we may share your Personal Information with third parties with whom we have marketing or other relationships for the third parties’ direct marketing purposes. If you are a California resident, you have the right to request additional information about this sharing, so please see Section (3)(f) below. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy. We may disclose your information as follows:

A.  When You Request Information From or Provide Information to Third Parties.  You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools apps or ads on our Service or link to them from our Service. This may include using third party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third party practices. It may also include ordering or purchasing products from third parties through us where we indicate that the third party rather than us is the seller. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.

B.  Third Parties Providing Services on our Behalf.  We may use third-party vendors to perform certain services on behalf of us, the Service or our Client’s, such as: (i) to assist us in operations; (ii) to manage a database of customer information; (iii) hosting; (iv) designing and/or operating features; (v) tracking activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them. For example, we and our third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie). To learn more about how to opt out of Google’s use of the Google Analytics cookies, visit here. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.

C.  When You Request Information From or Provide Information to Third Parties.  Administrative and Legal Reasons. We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Service’s Terms of Use or other policies applicable to the Service, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Service or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.

D.  Affiliates and Business Transfer.  We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

E.  Sweepstakes, Contests and Promotions.  We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

F.  Your California Privacy Rights.  We may elect to share information about you with third parties for those third parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2019 will receive information about 2018 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please send an email to: help@TestimonialsNow.com with “California Privacy Rights” as the subject line. You must include your full name, email address, and postal address in your request.

4.   Ads and Information About You

Data about your activities online is being collected on our Service for use in providing advertising tailored to your individual interests. We may use third parties such as network advertisers and ad exchanges to serve advertisements across the Internet and may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party websites and viewing of ads and of our content.  Third parties may offer you a choice as to whether or not to have your information collected for that purpose. This section of the privacy policy provides details and explains how to exercise that choice.

You may see certain ads on our Service as well as on other third-party websites across the Internet because we participate in advertising networks administered by third parties.  These networks track your online activities over time and across third party websites by collecting information through automated means, including through the use of the tracking technologies described elsewhere in this Privacy Policy, and they use this information to show you advertisements (including our ads) that are tailored to your individual interests.  The information they collect includes information about your visits to our Service, such as the pages you have viewed. These third-party tracking technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you.  You acknowledge and agree that associated technology may access and use your device and may set or change settings on your device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may act as web beacons, which enable third parties to carry out the previously described activities.

This collection and ad targeting takes place both on our Service and on third-party websites that participate in the ad network, such as websites that feature advertisements delivered by the ad network.  This process also helps us track the effectiveness of our marketing efforts. Third-party tracking technologies are not controlled by us, even if they use our technology to help store or collect data. Statements regarding our practices do not apply to the methods for collecting information used by these third-party advertisers and others or the use of the information that such third parties collect.  We do however work with third parties to make efforts to provide you with information on their practices and any available opportunity to exercise choice. The relevant third party’s terms of service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties.

Further, while we may use a variety of companies to serve advertisements on the website, you may wish to visit http://www.networkadvertising.org/choices, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members.  Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver targeted content and/or ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads.  Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different device or change web browsers, your NAI opt-out may not, or may no longer, be effective. Additional information is available on the NAI’s website accessible by the above link.  You may also opt-out of receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices. E.U. residents who wish to opt-out of receiving Behavioral Ads may do so by visiting http://www.youronlinechoices.eu. Canadian residents who wish to opt-out of receiving Behavioral Ads may do so by visiting http://youradchoices.ca/choices. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.

5.   What About Information I Disclose Publicly or to Others?

A.  User Content and Public Information.  The Service may permit you to share or otherwise submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content including Personal Information (collectively, “User Content”). We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that TestimonialsNow does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.

B.  Name and Likeness.  We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit to the Service, please review our Service’s Terms of Use.

6.   Do Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Service?

The Service may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Service are served to you for their own commercial purposes. In addition, when you are on the Service you may be directed to other sites and apps that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Service onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies. We are not responsible for these third-party privacy policies or the practices of third-party parties. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.

7.   How Do I Change My Information?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. You may to provide updates and changes to your Personal Information by contacting us via email at help@TestimonialsNow.com. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons.

You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails or in some cases by logging into your Service account and changing your communication preferences. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Subsequent or different subscriptions will be unaffected. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and Service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about the Privacy Policy or practices described in it, you should contact please contact us via email at help@TestimonialsNow.com.

8.   What About Transfer of Information to the United States?

Our Service is operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Service or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy; provided, however, if you are located or a resident of the EU, please review Section 13 below as we process your data consistent with the requirements of the GDPR (defined below).

9.   What Should Parents Know About Children?

The Service is a general audience platform and we do not knowingly collect any personal information from children younger than the age of thirteen (13) as required by U.S. law. We will delete any personal information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personal information to us, please contact us via email at help@TestimonialsNow.com.

10.   What About Security?

We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.

11.   What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than indicated at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

12.   Information on Opt-out of Campaigns for our Clients’ Users

Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time.  You may opt-out from receiving messages from an TestimonialsNow Client at any time by texting “STOP”,
“REMOVE”, “CANCEL”, “OPTOUT”, “OPT OUT” “UNSUBSCRIBE”, “END” or “QUIT”. to an individual Client’s unique 10 digit number. To opt-out from the Service entirely and all Clients which you receive text messages and/or calls from, please send an email to help@TestimonialsNow.com and specify that you want to opt out of text messages and/or calls or both. You acknowledge and agree to accept a final text message confirming your opt-out.   It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. You may also request assistance at any time by texting “HELP” or emailing us at help@TestimonialsNow.com. We will send you a SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us unless you opt-in to a different campaign. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. As always, message and data rates may apply for any messages sent to you from us and to us from you.

13.   Supplemental Privacy Notice For Residents of the EU and EEA

This Supplemental Privacy Notice provides additional information on how we process personal data that we collect or receive from residents of the EU and EEA and provides information as relates to EU users’ rights, and Company’s responsibilities, under the EU General Data Protection Regulation (“GDPR”).

Data Controller and Local Representative

TestimonialsNow is the data controller of your personal data and we are based in the United States. If you are located or a resident of the EU and believe that your data protection rights under the GDPR have been infringed, please contact our Data Protection Officer who can be reached at help@TestimonialsNow.com. If you feel that your request or concern has not been satisfactorily resolved by us, you may also contact your local data protection authority, see: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en.

Legal Basis for Processing EU personal data

TestimonialsNow may processes the personal data of EU users based on one (1) or more of the legal bases below:

  • Legitimate Interest.   We may process your personal data as required to pursue our legitimate business interests, provided our legitimate interests are not overridden by your rights and interests. For example, we may process your personal data, to manage, develop and improve our products and services; support our customers and sales operations; protect our staff and assets; communicate information that supplements our products and services and ensure compliance with laws and regulations.

  • Performance of an agreement.   We may process your personal data to enter into agreements with you or to fulfil our obligations under agreements with you or your organization. This may include delivering and managing our products and services or allowing customers to use our products, services and supporting tools.

  • Legal obligation.   We may process your personal data to comply with applicable laws and regulations, establish or exercise our legal rights. For example, in connection with legal claims, compliance, regulatory and investigative purposes.

  • Consent.   In some instances, we may process your personal data based on your consent. This is most common where we cannot rely on an alternative legal basis or we are required by law to ask for your consent in the context of some of our sales and marketing activities, online data collection tools, or surveys. Where the processing of your personal data by us, is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us at help@TestimonialsNow.com.

Data Retention Period

We retain transaction data and other personal data for a period of time that is necessary to fulfill a legitimate business purpose and deleting or de-identifying the information thereafter, except where longer retention periods are required by law. We retain unsubscribe requests permanently to comply with our obligation to refrain from sending marketing emails after receipt of an opt-out request.

Your Rights under the GDPR

You have the following rights under certain circumstances:

  • Request access or copies of the personal data TestimonialsNow processes about you;

  • Correct or rectify your personal data, if inaccurate or incomplete;

  • Delete your personal data, unless an exception applies. For example, we may need to keep your personal data to comply with our legal obligations;

  • Restrict the processing of your personal data, in certain circumstances. For example, if you contest the accuracy of your personal data, you may request that we restrict the processing of your personal data for the time it takes us to verify the accuracy of the data;

  • Data portability, in certain circumstances. In order to deliver our products and services, however, we cannot transmit your personal data to another organization; and

  • Object to processing of your personal data, in certain circumstances. For example, you may object to direct marketing including the use of your personal data for direct marketing profiling or where we process your personal data because we have legitimate interest in doing so.

These rights may be limited in some situations where we can demonstrate that TestimonialsNow has a legal obligation or legitimate interest to process your personal data.

To exercise your rights explained above, please contact us by email with the details of your request.