Privacy Policy

Effective Date: March 15, 2016

 

Essential Marketing Systems, Inc. (hereinafter “EMS”) owns and operates the websites bestlocalreviews.com and fivestarreviewsystem.com (collectively “Website”) and provides its associated services. EMS hereby adopts this Privacy Policy (hereinafter “Privacy Policy”) to provide you with notice of its collection and use of personal and personally identifiable information that (1) is transferred from the EU to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual.  EMS may collect personal or personally identifiable information from you when you use the Website or when you participate in its associated services, including but not limited to first name, last name, sex, email address, billing information, the name of any referral source, photo, personal telephone number, username, password, company name, website links, social networking links, review site links, IP address, referring website, browser, operating system, page views, and other analytics data (collectively “Personal Information”). “You” includes holders of Member Accounts, Affiliates, Partner Accounts and Reviewers, all as defined in our Terms of Use Agreement .

 

Personal Information and other information collected by EMS from holders of Member Accounts, which includes Affiliate and Partner Accounts, includes:

 

a.  User name

b.  System password

c.  Company Name

d.  Company Address

e.  Company Logo

f.   Business Email Address

g.  Business Phone

h.  Business Website URL

i.   Name, Title Photograph and Email Address of System Manager

j.   Telephone Number

k.  Review Website URL Preferences

l.   Marketing Question and Answers to be presented to Reviewers 

m. Coupons and Fliers

n.  Personalized “Thank You” Messages

o.  Website URL to Redirect Reviewer to Following Review

p.  Name, Title, Photograph and Email Address of designated Employees

q.  Any other information provided by holder of Member Account

 

Personal Information and other information collected by EMS from Reviewers includes:

 

a.  Star Rating

b.  Review Website URLs Clicked and/or Used for Review

c.  Review, Testimonial or other Feedback Content

d.  Photograph

e.  Any other information provided by Reviewer

 

This Privacy Policy does not apply to the practices of companies that EMS does not own or control, or to individuals that are not under EMS’s actual control, even if linked from EMS’s Website.

 

1. Notice to Reviewers

 

Any Personal Information that you submit through the Website or through any other websites owned by EMS shall be subject to the terms of this Privacy Policy. The holder of Member Accounts, which are EMS clients, may have privacy policies or privacy practices that are outside of EMS’s control. You understand and agree that EMS will not be held liable for the content of websites or the privacy practices of entities that it does not own or control. Should you have questions or concerns related to the content of websites or privacy practices owned by third parties, please contact those third parties directly.

 

2. Consent to Collection and Use of Personal Information

 

By using the Website, you agree to the terms contained within this Privacy Policy. EMS will only collect Personal Information from you when you voluntarily provide such information through your use of the Website.

 

By providing Personal Information to EMS, you understand and agree that EMS will collect and process your Personal Information in the United States. You hereby provide your unequivocal consent to the collection and processing of your Personal Information in the United States.

 

3. Use of Personal Information

 

EMS may use Personal Information collected from you to provide you or holders of Member Accounts with the Website or its associated services, to provide you with updates on the goods or services of participants in EMS’s Trusted Partner Program, to provide its customers with your Personal Information upon your voluntary submission of that information to the Website, to respond to requests that you have initiated, to improve the Website or its associated services, including but not limited to through EMS’s analysis of usage patterns, to customize content that you might see on the Website, and to communicate with you to update you on EMS’s Website or services.

 

EMS may also collect data about usage and service operation that is not associated with specific personal identity.  In particular, EMS may log your IP address, usage statistics, and URLs, including without limitation to which third party review website a Reviewer went to after opening the email from EMS’s holder of a Member Account, when you use the EMS Website or collect other information via weblogs, web beacons, and web cookies to evaluate how visitors use the EMS Website, as further identified below.  

 

If you use a mobile device to access our Website, we may collect device information (such as your mobile device ID, model and manufacturer), operating system and version information, and IP address. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while using our Website except that it may be possible for us to determine from an IP address the geographic location of your point of connectivity, in which case we will gather such general location data.

 

EMS has adopted a Trusted Partner Program (“Trusted Partner Program”) to ensure that your Personal Information is only transmitted to third parties that meet EMS’s standards for the protection of Personal Information. EMS defines the membership criteria for its Trusted Partner Program in its sole and absolute discretion.

 

Except as stated above, EMS will not sell, rent, lease, or transfer your Personal Information to any individual, business, or government entity except to respond to duly authorized information requests by government authorities, to respond to a duly authorized court order or subpoena, to protect the officers, directors, employees, shareholders, or independent contractors of EMS, or to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty.

 

You understand and agree that EMS is not responsible for any third party links, content, or communications sent to you from entities or individuals that EMS does not own or control. You are advised to review the privacy policies of all third party websites.  Any transfer of Your Personal Information by you through use of EMS’s Website is your responsibility and at your sole risk.

 

4. Use of Cookies

 

EMS may collect Personal Information from you through the storage of data files on your computer called “cookies.” These cookies allow the Website to recognize your computer when you revisit the Website. Additionally, EMS may collect Personal Information from you through the use of “session cookies,” which help EMS track the pages that you visit during a single use of the Website and ensure that users are not required to re-enter their usernames and passwords upon accessing each page of the Website.

 

Your web browser may provide you with the ability to block or limit cookies. If you object to EMS’s use of cookies, you are advised to adjust your web browser’s settings accordingly.

 

5. Tracking Techniques

 

EMS may collect Personal Information from you through the use of pixel tags, web beacons, or other tracking techniques. EMS may use this Personal Information to gather analytics data, which will be used to tailor the Website to your habits and preferences.

 

6. User-Choice/Opt-Out

 

EMS provides you with the ability to opt-out of its further collection of your Personal Information by discontinuing your use of the Website, opting out of receiving further email communications through email opt out form, or deleting your Member Account or Affiliate Account and ceasing your use of the Website.

 

EMS does not honor Do Not Track Requests.

 

7. Sharing and Disclosure of Personal Information

 

EMS will share your Personal Information consistent with the purposes set forth in its Terms of Use Agreement, including for purposes of sharing your Personal Information as you direct via your use of the Website.  EMS will not sell, rent, lease, or transfer your Personal Information to any individual, business, or government entity, unless to: (i) respond to duly authorized information requests of governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) help prevent fraud or to enforce or protect the rights and properties of EMS; or (iv) to protect the personal safety of EMS employees and third parties on EMS property.  

 

EMS may share your information with agents, contractors or partners of EMS in connection with services that these individuals or entities perform for EMS.  These agents, contractors or partners are restricted from using this data in any way other than to provide services for EMS, or services for the collaboration in which they and EMS are engaged (for example, hosting of databases, data processing services, or to provide information you requested).  

 

If EMS acquires or sells a business unit or subsidiary, including but not limited to the complete sale of the Website to a third party, your Personal Information may be transferred to a third party. If this happens, your Personal Information will continue to be used consistent with the terms of this Privacy Policy.

 

EMS will share the identity of the holder of a Member Account with Affiliate and Partner Account holders, as well as resellers and/or those who provide referrals, for purposes of identifying as part of calculation of monthly commission amount.

 

8. User Account Access

 

EMS assigns you a username and password for access to EMS’ non-downloadable, Internet-based software.  You have the ability to edit your Personal Information at any time, and may request that EMS delete your account at your convenience.  Only the licensees of the non-downloadable, Internet-based software have the ability to define user accounts and user access.  Under no condition will EMS share your user account information with another individual, business, or governmental entity, unless the requirements of paragraph 7 above are met.

 

9. Protection of Personal Information

 

All user account pages, such as web pages that display Personal Information are protected with Secure Socket Layer (“SSL”) encryption.  Your browser should be set to support encryption protection.  All user accounts must be accessed with usernames and passwords.  You are advised not to share your username and password with any other person.

 

Unfortunately, no security system can be guaranteed to be 100% secure.  EMS does use all commercially reasonable efforts to protect your Personal Information, but you provide all such information at your own risk.

 

10. Data Integrity

 

EMS works to ensure that your Personal Information, which is used only for purposes compatible with and relevant to the purpose for which it was collected and authorized, is accurate, complete, current, and relevant.

 

11. Protection and Storage of Personal Information

 

EMS undertakes commercially reasonable efforts to protect and secure your Personal Information. EMS processes your Personal Information on computers located in the United States and has adopted procedural safeguards to protect against data theft. EMS uses commercially standard and commercially reasonable encryption to ensure, to the extent possible, that your Personal Information is protected from unauthorized disclosure.

 

Should EMS provide you with a Member Account, Partner Account or an Affiliate Account, your Member Account, Partner Account or Affiliate Account may only be accessed through your entry of a username and password. You are advised not to share your Personal information, including but not limited to your username and password, with any other person or entity.

 

Though EMS takes the security of your Personal Information seriously, EMS cannot guarantee that its servers and Website are completely secure. EMS uses commercially reasonable efforts to protect your Personal Information, but you provide any and all Personal Information at your own risk.

 

12. Accuracy and Integrity of Personal Information

 

You are responsible for ensuring that your Personal Information is accurate, complete, current, and relevant. You have an ongoing duty to inform EMS of any changes in your Personal Information.

 

13. California Privacy Rights

 

California residents have the right to receive information that identifies any third party companies or individuals that EMS has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting EMS at privacy@bestlocalreviews.com

 

14. Changes and Amendments

 

EMS reserves the right to amend, replace, or discontinue this Privacy Policy at any time. If EMS changes or amends this Privacy Policy, your use of the Website after such a change constitutes your manifestation of assent to the change.

 

15. Contact and Notices

 

All questions and concerns regarding this Privacy Policy may be directed to EMS as follows:

 

Essential Marketing Systems, Inc.

Attn: Susan Sommers

821 Kumulani Drive

Kihei, HI 96753

privacy@bestlocalreviews.com