Privacy Policy

Last Updated: Oct 1, 2024

This Privacy Policy describes how ExpertVoice, Inc. (“ExpertVoice,” “we,” “us,” “our”), a company located and incorporated in the United States, collects, uses, and shares information about you that is captured while you use ExpertVoice.com, our Brand Advocacy Platform, ExpertVoice’s mobile application, or any advertisements, applications, or links that we make available on third party sites or platforms (collectively, our “Services”), including how we process that information, and for what purposes. This Privacy Policy also explains how we protect such information, as well as your choices regarding your information. Throughout this Privacy Policy, “information” includes personal data about you (as defined below). We follow this Privacy Policy in accordance with applicable law.

BY USING OUR SERVICES OR CHOOSING TO SUBMIT PERSONAL DATA TO US THROUGH THE SERVICES OR CLICKING A BUTTON OR CHECKING A BOX MARKED “I AGREE”, “SIGN UP”, “JOIN NOW” (OR SOMETHING SIMILAR), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU ARE NOT REQUIRED TO PROVIDE ANY PERSONAL DATA TO US, BUT IF YOU CHOOSE NOT TO, YOU MAY NOT BE ABLE TO ACCESS CERTAIN INFORMATION OR USE CERTAIN FEATURES OF THE SERVICES. IF YOU DO NOT AGREE WITH ANY TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES OR SUBMIT ANY PERSONAL DATA TO US.

Please note that when you provide information to us on a third-party site or platform, such as through an advertisement about ExpertVoice that appears there, the information you provide may be separately collected by that third-party site or platform. The information we collect is covered by this Privacy Policy and the information the third-party site or platform collects is covered by that third-party site or platform’s privacy policy and practices. Privacy choices you make on the third-party site or platform will not apply to our use of information we have collected directly through our Services. Please also note that our Services may contain links to other sites or platforms not owned or controlled by us and we are not responsible for the privacy practices of those sites or platforms. Be aware when you leave our Services and be sure to read the privacy policies of other sites or platforms that may collect your information.

CALIFORNIA AND OTHER U.S. STATE PRIVACY RIGHTS

If you are a California resident, in addition to the information below, Notice at Collection and Your California Privacy Rights provide additional information regarding your data privacy rights under California law. If you are a resident of Colorado, ConnecticutMontanaOregon, Texas, Utah, or Virginia links provides additional information regarding your data privacy rights under your state’s law.

EUROPEAN RIGHTS

If you are located in the European Union (“EU”), a European Economic Area (“EEA”) member state, or the United Kingdom (“UK”), or the processing of your personal data may have actual or potential effects in Switzerland, European Privacy Rights provides additional information regarding your data privacy rights under EU, EEA, UK, and Swiss law, as applicable.

WHAT INFORMATION WE COLLECT

We may collect “personal data” (information that directly or indirectly identifies a specific individual, such as name, address, email, or telephone number) and “anonymized data” (information that doesn’t, and can’t reasonably be used to identify, a specific individual). “Personal data” includes “personal data” as defined by the General Data Protection Regulation (“GDPR”), the United Kingdom General Data Protection Regulation (“UK-GDPR”), and the revised Swiss Federal Act on Data Protection (“revFADP”). When anonymized data is directly or indirectly associated with personal data, we treat it as personal data. We may use personal data and anonymized data to create “aggregate data” (information about groups of people that can’t be used to identify individuals). We collect:

  • Information you provide when you create an account with us, enter a promotion, sign up to receive information from us, participate in a survey, answer a questionnaire, or link your account or profile on a third-party site or platform (such as, Facebook or Google) with your account with us, including:
    • your first and last name, email address, state, country, year of birth, gender
    • password
    • employment, affiliations
    • your passions
  • Commercial information, including:
    • information you provide when you purchase, return, request, or exchange a product, such as your postal address, telephone number, and payment information (for example, your credit card number and the security code associated with your payment method)
    • transaction history, including products viewed, considered, or purchased, tendencies and preferences
  • Information about your use of our Services, such as:
    • usage, viewing, technical, and device data when you use our Services, including your browser, platform, or device type, unique device identifier, operating system, mobile network information, IP address, software and hardware attributes, and your internet service provider’s domain name
    • lessons started, lessons completed, content viewed or downloaded, landing pages, how often you use the Services, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, your preferences and interests, whether you open an email and your interaction with that email’s content, search terms, error logs, and similar information
  • Photos, videos, product reviews, comments, and other content that you post on the publicly available social features of our Services “Your Content”) or provide to us privately (for example, to prove your affiliations or employment)
  • Your geographic location (city, state, country), where we are permitted by law to process this information, which may include approximate location information provided by a mobile or other device interacting with one of our Services or associated with your IP address or other online or device identifier
  • We may also collect certain information from your employer, including name, email address, and employment information (unique employee number, job title, job status, retail location)
  • Information we obtain from third parties, such as our clients, service providers, or third parties from whom we purchase information about our users or potential users
  • Information you provide when you interact with the ExpertVoice Support Service chatbot
  • Inferences drawn from any of the information above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes

You have choices as to the information you share with us. When you are asked to provide personal data or other information, you can say “no”. However, many of the features of our Services require certain personal data from you in order to operate. If you choose not to provide that information, you will be unable to use those features or they may not be personalized to you. If applicable law requires us to collect certain personal data from you or we need it in order to be able to enter into an agreement with you or perform an agreement with you and you don’t provide that personal data, we will not be able to enter into that agreement or may need to suspend or cancel the Service that is affected by you not providing that information. We will notify you if this is the case at that time. See Privacy Choices.

ONLINE PROFILE AND PUBLICLY POSTED CONTENT

When you create an online profile, you may choose to make certain information in your profile public, such as your name, a photograph, your location, and your employer. You may also choose to upload or publish content, such as product reviews and comments, to a community or other public area of our Services (“Your Content”). Information, including personal data, you choose to make public may be viewed by other ExpertVoice members, our clients and others. We may also share Your Content with our clients and product review syndication partners for use by them outside of our Services (see Sharing Your Information With Other Parties). If you choose to include personal data in Your Content (including in your profile), you consent to the public disclosure of the personal data you choose to post. If you do not wish to publish your personal data in this manner, please do not include it in your profile or in any content you post to a public area of the Services. We provide ways to control the public sharing of your profile information generally, and the data within your profile at the following link: https://www.expertvoice.com/account. Please see Content for more information about posting content to the public areas of our Services.

HOW WE COLLECT INFORMATION

We collect information from or about you when you use or access the Services, request information from us, participate in surveys, questionnaires, or promotions, or participate in activities on our Services (such as posting product reviews). We may collect this information directly from you or the information may be collected by our service providers on our behalf You may provide information to us by typing, voice commands, or uploading images, video, or other content to our Services.

We, along with our service providers and other third parties from whom we acquire information, also automatically collect information through cookies, web beacons, tags, pixels, analytics tools, and other technologies, whether or not you are logged in or registered on any of our Services. Please see Cookies and Other Online Tracking Technologies and  Opt Out Preference Signals for more information on how to make choices with respect to this kind of data collection.

We also obtain information about you from third parties. We protect this information according to this Privacy Policy and any additional restrictions required by the party who has provided us with that information. Applicable law or your agreement with the third party may require that you authorize the third party to share your information with us before we can acquire it. These third party sources vary over time and include:

  • social networking services, email providers and other communication services where you have given us permission to collect your data from those sources
  • publicly accessible sources, such as academic, commercial, and public sector data sources
  • our service providers
  • data brokers from which we purchase demographic data to supplement the data we collect
  • our clients

COOKIES AND OTHER TRACKING TECHNOLOGY

Our Services, our service providers, and third parties may use “cookies” and other online tracking technologies to collect information about your activities on our Services or on your devices. We may collect this tracking data whether or not you are logged in or have registered for an account on our Services and, if you have provided us with your personal data (such as by registering for an account on our Services), we may associate this tracking data with your personal data, in which case we will treat that tracking data as your personal data. Our third party service providers who collect tracking data on our behalf may provide you with the option to choose not to be tracked.

Advertisers and other third parties may also collect tracking data on third party sites and applications and from your devices and applications. This tracking data may be used to decide which ads you see on third-party sites and applications.

The data collected by these tracking technologies is used to:

  • personalize the Services for you, such as to remember who you are when you return to a Service or to provide content and promotions based on your preferences, location, and use of our Services
  • analyze the use of our Services, including user traffic
  • improve and optimize our Services

These tracking technologies include:

  • Cookies. Cookies are small text files that are stored on your computer. Persistent cookies remain on the device of the person who accesses the Services after the browser has been closed. Session cookies exist only during an online session and disappear from the device when the browser software is The cookies that may be used by ExpertVoice fall into the two categories described below.
    • Required Cookies: These cookies are absolutely necessary for the Services to function properly and cannot be switched off in our systems. This category includes cookies that ensure the basic functionality and security of the Services. These cookies do not store personal data.
    • Optional Cookies: These cookies may not be necessary for the Services to function and are used to collect personal data on users via analytics, ads, and other embedded content. These cookies often help us improve your experience of the Services. You may opt out of optional cookies by going to the “Account Settings” page on our website or by going to your Privacy Settings on our ExpertVoice mobile app.

Most web browsers automatically accept cookies but provide controls that allow you to block or delete them. Check your web browser’s instructions for how to block or delete cookies. Be aware that if you chose to block cookies, some features of the Services may not work. If you choose to delete cookies, it will also delete the settings controlled by those cookies (such as advertising preferences) and you will need to re-enter those settings. Please see www.allaboutcookies.org for additional information about cookies.

  • Web beacons. Web beacons are electronic tags (small images embedded into websites or emails) that send information about your device, such as when you access or use the Services or when you open an email we send you. These technologies help us track use of our Services and the effectiveness of our communications and promotional activities. We place web beacons in emails that we send you, in ads we place on other parties’ sites and applications, and when we redirect a purchase initiated on our Services to the site of our client brand to complete the purchase.

We also allow third-party analytics providers to place their own web beacons and similar technologies on your device when you access our Services. The analytics providers’ web beacons allow them to collect information about your device and online activities over time and across different websites and applications services. However, we prohibit these analytics providers from using web beacons on our sites to collect or access information that directly identifies you (such as your name or email address). We use the following third party analytics providers, some of which allow you to opt-out of data collection or use:

To learn how to opt out of ad network interest-based advertising in the United States, please visit the Digital Advertising Alliance’s website YourAdChoices and the Network Advertising Initiative’s website Opt Out of Interest-Based Advertising. For information on how to opt-out of interest-based advertising on your mobile device, please visit the Network Advertising Initiative’s website at Learn About Mobile Device Opt Outs. On your mobile device you may also limit tracking using the “Tracking” settings on iOS devices or the “Ads” settings on Android devices..

Even if you disable tracking, you may still receive interest-based advertising due to information about you that had previously been disclosed to third parties and you may still receive advertising from third parties, though such advertising may not be based on your interests and preferences.

OPT OUT PREFERENCE SIGNALS

Some browsers allow you to enable a universal tool that automatically communicates your opt-out preferences, such as the Global Privacy Control. We will process such signals as a request to opt out.

HOW WE USE COLLECTED PERSONAL DATA

Subject to applicable law and the choices and controls on the use of your information that may be available to you, we may use the information that we collect from and about you or the devices associated with you for any of the following purposes:

  • Services Provision. To provide the Services to you; to improve troubleshoot, debug, and repair the Services; to provide customer support. We may also share information with third parties or use third parties to collect information on our behalf when it is required to do any of the foregoing
  • Authentication. To authenticate your profile information and that the person accessing or using your account is you
  • Communication. To communicate with you, including to send you important information regarding our Services, changes to our terms, conditions, and policies, or other administrative information; to request feedback or completion of a survey or questionnaire
  • Personalization. To personalize and enrich your experience on our Services; to present content and product recommendations tailored to you; to facilitate your interactions with us; to track and categorize your activity and interests on the Services. Please see Privacy Choices and Cookies and Other Online Tracking Technologies for more information
  • Training. To allow you to participate in and keep track of your training; to communicate your training progress to your employers
  • Your Content. To identify Your Content if we incorporate it into our training modules
  • Marketing and Advertising. To advertise and market to you, including sending you promotional communications, customizing the marketing and advertising that we show you, and presenting you with relevant retail discounts and other offers; we may also run advertising on other websites and applications through our advertising display partners or our partnerships with retailers and other organizations. Please see Privacy Choices and Cookies and Other Online Tracking Technologies for more information
  • Analytics. To operate, develop, analyze, and improve the Services, including through surveys and other user research and analytics tools
  • Our Business Purposes. For our business purposes, such as to meet our contractual and legal obligations, identify usage trends, further brand relationships, determine the effectiveness of our promotional campaigns, operate and improve on our lawful business activities, and detect and prevent misuse of our products and services and activities that may violate our policies, pose safety issues, or be fraudulent or illegal
  • Legal and Safety Purposes. For legal and safety purposes, including to defend or protect us, you, or others from harm or in legal proceedings, protect our rights, protect our security and the security of our systems and customers, respond to court orders, lawsuits, subpoenas, and government requests, address legal and regulatory compliance, comply with our license obligations, enforce our Terms of Use, or notify you of product recalls or safety issues
  • Anonymized data. To collect, process, and create anonymized data, whether ourselves or through a service provider or other third party; to use and allow any party to use for any purpose that anonymized data. Once data is anonymized, we will not reidentify it with an identifiable individual
  • Aggregate Data. To collect, process, and create aggregate data, whether ourselves or through a service provider or other third party; to use and allow any party to use for any purpose that aggregate data
  • Other Reasons With Your Consent. For any purpose for which you provide your consent to us or request that we process your information

SHARING YOUR INFORMATION WITH OTHER PARTIES

We do not sell or share your personal data. We will not disclose your personal data to third parties, other than as described below or as permitted or required by applicable law. All of our disclosure of your personal data will also be subject to applicable law. Third parties and the purposes for which we may share your personal data include:

  • Our Service Providers. When companies perform services on our behalf, such as fulfilling transactions, monitoring compliance with and enforcing our Terms of Use, auditing interactions and transactions with users, detecting and preventing fraud, addressing security issues, fixing errors, helping us with advertising and marketing, maintaining accounts, providing customer service, helping with our internal research and development, verifying product and service quality or safety, and performing any of the other actions or activities allowed under this Privacy Policy. These companies must comply with our data privacy and security requirements and may not use your personal data for purposes other than those we request or as required or permitted by law
  • At Your Direction. When you direct us to share your personal data with another party, such as if you sign up to receive offers and promotions from a brand, join a client brand community on our Services, purchase a product of one of our client brands, direct us to confirm your affiliations with your employer or another third party, or direct us to link the information you have provided to us with a social networking platform. Please note that once we share your personal data with another party in the foregoing circumstances, the information received by the other party is controlled by that party and becomes subject to that party’s privacy practices, not this Privacy Policy. Please see Privacy Choices
  • Our Clients. We may share your information with our clients in the following ways:
    • To provide them with insights about their customer base and market. In this circumstance, the client must comply the data privacy and security requirements in the agreement between us and that client and may use your personal data only as permitted by that agreement
    • When we are performing services for one or more of our clients and collecting your personal data on their behalf. In this circumstance, the applicable client’s privacy policy and agreements with you regarding the use of your personal data will apply and not this Privacy Policy. We will comply with our client’s instructions and the data privacy and security requirements in the agreement between us and that client. Applicable law or your agreement with our client may also require that you authorize our client to allow us to share your information with it before we do so
    • As part of Your Content that we make available for our client brands to use in their own marketing and promotional activities outside of the Services
  • Our Product Review Syndication Partners and Other Partners. As part of Your Content that we make available to our product review syndication partners and other third parties for use as part of their websites or other services
  • Change of Control. As part of a corporate transaction, such as a merger or sale of assets, divestiture, joint venture, securities offering, financing, bankruptcy, reorganization, liquidation, or dissolution. In such event, your information can be used subsequently by the other party or parties involved in that business transaction
  • Analytics. For analytics, including to understand how you use the Services, determine how you access the Services, and improve the Services
  • Compliance With Law. To comply with legal processes or applicable law, to enforce or apply our Terms of Use, to ensure the safety and security of us, our users, and third parties, to protect our rights and property and those of our users and third parties, and in other cases where we have a good faith belief that disclosure is required by applicable law
  • Anonymized and Aggregate data. We can disclose anonymized data and aggregate data to any party for any purpose. Our agreements with third parties require that they not attempt to reidentify anonymized data with an identifiable individual.
  • Other Reasons With Your Consent. For any purpose for which you provide your consent to us or request that we process your information

You can choose not to disclose certain information. Please see Privacy Choices

When ExpertVoice receives personal data under the EU–US Data Privacy Framework or the UK Extension to the EU-U.S. DPF or the Swiss–U.S. Data Privacy Framework (see Data Privacy Framework) and then transfers the personal data to third party services, we are liable for any processing of personal data by such third parties that is inconsistent with the Data Privacy Framework Principles, unless we are not responsible for the event giving rise to any alleged damage.

PRIVACY CHOICES

We are concerned about the accuracy, currency, and completeness of the personal data we collect. You have certain choices about our collection and use of your information which you can exercise by using the various tools we provide or contacting us as described at Contact Us. For example:

  • Your Profile. You can enter, correct, update, or delete your profile information. We may take reasonable steps to verify your identity before providing access to your information or making changes to it. You can exercise this right by going to the “Account Settings” page on our website or the “Settings” section of our mobile app, by emailing us at support@expertvoice.com, or by calling us at 1-866-376 4685
  • Your Account Connections. You can add, delete, or change your account connections. You can exercise this right by going to the “Account Settings” page on our website or the “Profile” menu on our mobile app, by emailing us at support@expertvoice.com, or by calling us at 1-866-376 4685
  • Your Content. You can delete your product reviews from our Services by going to the product review, clicking the “…” and selecting “delete” or by emailing us at support@expertvoice.com or calling us at 1-866-376 4685 and directing us to delete your product reviews
  • Your Preferences for Offers, Promotions, and Newsletters. Choose or change your choices to receive newsletters, alerts, and the like by going to the “Account Settings” page on our website
  • Communication Preferences. Choose or change how we contact you – whether by email, phone, or SMS messages, by going to the “Account Settings” page on our website
  • Withdraw Consent. You can withdraw your consent to our use or disclosure of some or all of your personal data at any time. You can exercise this right by going to the “Account Settings” page on our website or the “Settings” section of our mobile app, by emailing us at support@expertvoice.com, or by calling us at 1-866-376 4685

If you are a California resident, Notice of Collection and Your California Privacy Rights provides additional information regarding your data privacy rights under California law. If you are a resident of Colorado, Connecticut, MontanaOregon, Texas, Utah, or Virginia links provides additional information regarding your data privacy rights under your state’s law.

If you are located in the EU, an EEA member state, or the UK, or the processing of your personal data may have actual or potential effects in Switzerland, European Privacy Rights provides additional information regarding your data privacy rights under EU, EEA, UK, and Swiss law, as applicable.

We will respond to all requests to control your personal data as required by applicable law. In some circumstances, your ability to access or control your personal data will be limited, as required or permitted by applicable law.

Please be aware that if you do not provide personal data that we request, we may not be able to provide certain Services to you, and some of our Services may not fully function as intended.

If you have questions about the specific personal data about you that we process or retain or your rights regarding that personal data, please contact us at Contact Us.

RETENTION OF YOUR PERSONAL DATA

We will retain your personal data for as long as reasonably necessary for the purposes outlined in this Privacy Policy, while we have a legitimate business need to do so in connection with your user account (if you have one), or as required by law (for example, for legal, tax, or accounting purposes), whichever is longer.

If you have elected to receive email communications and/or texts from us, we retain information about your email preferences and/or text preferences until you opt out of receiving our email communications and/or texts from us and in accordance with our policies.

To determine the appropriate retention period for the categories of your personal data, we will consider the amount, nature, and type of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we use your personal data, whether we can achieve those purposes through other means, and the applicable legal requirements.

SECURITY

We use a variety of technologies and processes to protect personal data collected on the Services from accidental or unlawful destruction, loss, or alteration, and from unauthorized access, use, or disclosure, including physical, technological, and organizational security measures. For example, we use encryption technology whenever transmitting personal data. Unfortunately, no security technology is completely secure. Text message, email, and other communications, including those sent through or in connection with the Services, may not be secure. You should use caution whenever submitting information through or in connection with the Services and take special care in deciding which information you provide to us.

STORAGE

Some or all of the personal data we collect may be stored or processed on servers located outside of your country, including in the United States, whose data protection laws may differ from those where you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate security processes are in place to maintain protection over the personal data we collect.

CHILDREN’S PRIVACY

Our Services are not intended for use by children. Children under the age of 16 are prohibited from creating an online profile. We do not knowingly collect personal data from children under the age of 16 without the consent of their parent or legal guardian. If you have reason to believe that we may have accidentally received personal data from an individual under age 16 without such consent, please immediately email us at support@expertvoice.com.

PRIVACY POLICY CHANGES

If our Privacy Policy changes, we will post these changes to our Services with the date of revision. Unless otherwise stated, any modifications to this Privacy Policy will go into immediate effect after they have been posted. We encourage you to review our Privacy Policy periodically. Your continued access to and/or use of the Services after any such changes constitutes your acceptance of, and agreement to be legally bound by, this Privacy Policy, as revised. If our privacy practices, including the ways we use your personal data, materially change from the time you created an online profile, we will notify you about such changes before they take effect and allow you to delete your information as described above, should you disagree with such changes.

CONFLICTS

If any of the terms of this Privacy Policy conflict with any of the terms of our Terms of Use, the terms of this Privacy Policy shall control with respect to the subject matter of this Privacy Policy.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at 1-866-376-4685 or support@expertvoice.com, or by visiting https://www.expertvoice.com/contact. You may also contact us by writing to:

ExpertVoice
Attn: Expert Success
9 Exchange Place, Suite 1000
Salt Lake City, Utah 84111

In addition to the options provided to you in this Privacy Policy, if you wish to review, amend, correct, update, or delete personal data we have collected about you online, or to opt out of receiving our marketing communications, you may contact us using the above contact means.

CALIFORNIA NOTICE AT COLLECTION

We collect the following categories of personal data when you interact with us: identifiers/contact information, demographic information (such as gender and age), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above. We do not use or disclose sensitive personal information for purposes other than those specified in Section 7027(m) of the California Consumer Privacy Act’s regulations.

We use the information we collect from you for the purposes described in: California Required Disclosures. Please see Privacy Policy for more information as to how we collect and use your information.

We do not sell or share your personal data. Your personal data is “sold” when we provide it to a third party for monetary or other valuable consideration for a purpose that is not a “business purpose” as set forth in the California Consumer Privacy Act and its regulations (the “CCPA”). Please note a “sale” does not include when we disclose your personal data at your direction, to our service providers, or when otherwise permitted under applicable law. Your information is “shared” if we disclose it to a third party for the purpose of cross context behavioural advertising (displaying an ad to you where the ad is selected based on a profile that has been built of you using personal data collected from your activities online over time across non-affiliated websites and applications).

Please see Retention of Your Personal data for how long we retain your information.

U.S. STATE PRIVACY RIGHTS

CALIFORNIA PRIVACY RIGHTS

CALIFORNIA REQUIRED DISCLOSURES

In the last 12 months, we collected, used, and disclosed the following categories of personal data:

  • Identifiers, such as real name, user name, contact info, IP address, or other similar identifiers.
    • Sources: the individual user, our clients, our service providers
    • Purposes of Processing: provide our Services, communications, offers, marketing, and promotion; provide referrals to, and offers, marketing, and promotion from, our clients; respond to user requests; detect and prevent fraud and abuse; as directed by our users (such as to complete product purchases or in connection with providing product reviews)
    • Recipients: our clients; service providers; product review syndication partners; third parties as directed by our users
  • Credentials
    • Sources: the individual user
    • Purposes of Processing: provide our Services; authentication and account access; user support; account security; detect and prevent fraud and abuse
    • Recipients: service providers; our clients
  • Demographic data
    • Sources: the individual user; purchases from data brokers
    • Purposes of Processing: provide and personalize our Services, offers, marketing, and promotion; provide and personalize referrals to, and offers, marketing, and promotion from, our clients; product development, improvement, and maintenance; user support; as directed by our users
    • Recipients: service providers; our clients; third parties as directed by our users
  • Payment and transaction data:
    • Sources: the individual user; our clients; payment processors and financial institutions
    • Purposes of Processing: provide our Services; process transactions and fulfill product orders; user support; detect and prevent fraud and abuse
    • Recipients: service providers; our clients; payment processors and financial institutions; third parties as directed by our users
  • Interactions with our Services
    • Sources: the individual user’s interactions with our Services
    • Purposes of Processing: provide and personalize our Services, offers, marketing, and promotion; provide and personalize referrals to, and offers, marketing, and promotion from, our clients; product development, improvement, and maintenance; user support
    • Recipients: service providers; our clients; third parties as directed by our users
  • Content
    • Sources: the individual user
    • Purposes of Processing: provide our Services; product development, improvement, and maintenance; user support; marketing and promotion by our clients; provision of product reviews to our product review syndication partners
    • Recipients: service providers; our clients; product review syndication partners; third parties as directed by our users
  • Professional or employment-related information
    • Sources: the individual user; the user’s employer
    • Purposes of Processing: authenticate users; detect and prevent fraud and abuse; provide our Services
    • Recipients: service providers; our clients; third parties as directed by our users
  • Education information – none
  • Inferences drawn from the above information to create a profile about a you reflecting your preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes.
    • Purposes of Processing: provide and personalize our Services, offers, marketing, and promotion; provide and personalize referrals to, and offers, marketing, and promotion from, our clients; product development, improvement, and maintenance; user support
    • Recipients: none
  • Geolocation Data
    • Sources: the individual user or their device; our service providers
    • Purposes of Processing: provide and personalize our Services, offers, marketing, and promotion; provide and personalize referrals to, and offers, marketing, and promotion from, our clients; detect and prevent fraud and abuse
    • Recipients: our clients

We do not disclose sensitive personal data for purposes other than those specified in Section 7027(m) of the CCPA regulations. We do not have actual knowledge that we have sold or shared the personal data of consumers under 16 years of age without the consent of their parent/guardian.

YOUR CALIFORNIA PRIVACY RIGHTS

California consumers have the following data privacy rights under the CCPA:

  • right to know the categories of personal data we have collected about you, the categories of sources of such information, the purposes for the collection, selling or sharing of such personal data, and the categories of third parties with whom such personal data is shared, and to access the specific pieces of personal data we have collected about you and, to the extent technically feasible, to be provided a copy in a structured, commonly used, machine-readable format that allows you to transmit the data to another entity without hindrance. You can make these requests up to twice a year, free of charge
  • right to correct inaccurate personal data we have maintained about you, taking into account the nature of the personal data and the purposes of the processing
  • right to delete personal data that we have collected about you, subject to certain exceptions.
  • right to opt-out of our sale and or sharing of your personal data
  • right to limit use or disclosure of sensitive personal information if we use or disclose sensitive personal information for reasons other than those set forth in section 7027(m) of the CCPA’s regulations or we disclose it for the purpose of inferring characteristics about you
  • right of no retaliation if you exercise your privacy rights, we will not provide you with different features, quality of services, or pricing except as reasonably related to the scope of information you have provided us or as otherwise permitted by applicable law. For example, if you opt out of providing information required to customize your experience with certain features of our Services, those features will not be customized to you
  • right to receive disclosures regarding third party direct marketing. You have the right under California Civil Code Section 1798.83 to request certain information regarding the disclosure of your personal data to third parties for such third parties’ direct marketing purposes.

HOW TO SUBMIT A REQUEST

Requests to Opt-Out of the Sale and Sharing of Your Personal data. We do not sell or share your Personal data. Your personal data is “sold” if we provide it to a third party for monetary or other valuable consideration for a purpose that is not a “business purpose” as set forth in the CCPA. Please note a “sale” does not occur when we disclose your personal data at your direction, to our service providers, or when otherwise permitted under applicable law. Your personal data is “shared” if we provide it to a third party for the purposes of cross-contextual behavioural advertising (displaying an ad to you where the ad is selected based on a profile that has been built of you using personal data collected from your activities online over time across non-affiliated websites and applications).

Requests to Limit Use or Disclosure of Sensitive Personal Information. We do not use or disclose sensitive personal information for reasons other than those set forth in section 7027(m) of the CPRA Regulations and do not disclose it for the purpose of inferring characteristics about you.

Requests to Know, Access, Correct, or Delete, or to Receive Disclosures Regarding Third Party Direct Marketing. You may submit a request through the following methods:

To submit a request, we are required to verify your identity. You will be required to provide the primary email address listed on your account. A verification email will then be sent to that email address in order to verify your identity. We may need to contact you to confirm your request.

You may use an authorized agent to submit your request. If you are an authorized agent and a consumer has given you written, signed permission to submit a request on their behalf, you must submit a copy of that permission to us in order to submit the consumer’s request. We will require the consumer to verify their identity and directly confirm with us that they have provided you with permission to submit the request. You may submit such requests through the following methods:

YOUR COLORADO PRIVACY RIGHTS

Colorado provides its residents with the following data privacy rights. You may exercise these rights once within a 12 month period free of charge:

  • right to know whether we are processing your personal data and to access that personal data, subject to certain exceptions under applicable law
  • right of portability to obtain, in a portable and, to the extent technically feasible, readily usable format, a copy of the personal data that you have previously provided to us that allows you to transmit the data to another entity without hindrance, where the processing is carried out by automated means
  • right to correct inaccurate personal data that we have maintained about you, taking into account the nature of the personal data and the purposes of the processing
  • right to delete personal data that we have collected about you, subject to certain exceptions
  • right to opt-out of processing of your personal data for (a) targeted advertising, (b) sale; or (c) automated profiling in furtherance of decisions that produce legal or similarly significant effects concerning you

HOW TO SUBMIT A REQUEST OR APPEAL OUR DECISION ON YOUR REQUEST

Requests to Opt-Out. We do not sell your personal data or use it or share it with third parties for the purposes of targeted advertising or for profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Your personal data is “sold” if we provide it to a third party for monetary or other valuable consideration. Please note a “sale” does not occur when we disclose your personal data at your direction, to our service provider, or when otherwise permitted under applicable law. Your personal data is used for targeted advertising if it is used to display an ad to you where the ad is selected based on a profile that has been built of you using personal data collected from your activities online over time across non-affiliated websites and applications.

Requests to Access, Correct, or Delete, or to appeal our decision on your request. You may submit a request or appeal our decision on your request through the following methods:

To submit a request, we are required to verify your identity. You will be required to provide the primary email address listed on your account. A verification email will then be sent to that email address in order to verify your identity. We may need to contact you to confirm your request.

You may use an authorized agent to submit your request. If you are an authorized agent and a consumer has given you written, signed permission to submit a request on their behalf, you must submit a copy of that permission to us in order to submit the consumer’s request. We will require the consumer to verify their identity and directly confirm with us that they have provided you with permission to submit the request. You may submit such requests through the following methods:

YOUR CONNECTICUT AND MONTANA PRIVACY RIGHTS

Connecticut and Montana provide their residents with the following data privacy rights. You may exercise these rights once within a 12 month period free of charge:

  • right to know whether we are processing your personal data and to access that personal data, subject to certain exceptions
  • right of portability to obtain, in a portable and, to the extent technically feasible, readily usable format, a copy of the personal data that you have previously provided to us that allows you to transmit the data to another entity without hindrance, where the processing is carried out by automated means, subject to certain exceptions
  • right to correct inaccurate personal data that we have maintained about you, taking into account the nature of the personal data and the purposes of the processing
  • right to delete personal data that we have collected about you, subject to certain exceptions.
  • right to opt-out of processing of your personal data for (a) targeted advertising, (b) sale; or (c) automated profiling in furtherance of decisions that produce legal or similarly significant effects concerning you

HOW TO SUBMIT A REQUEST OR APPEAL OUR DECISION ON YOUR REQUEST

Requests to Opt-Out. We do not sell your personal data or use it or share it with third parties for the purposes of targeted advertising or for profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Your personal data is “sold” if we provide it to a third party for monetary or other valuable consideration. Please note a “sale” does not occur when we disclose your personal data at your direction, to our service provider, or when otherwise permitted under applicable law. Your personal data is used for targeted advertising if it is used to display an ad to you where the ad is selected based on a profile that has been built of you using personal data collected from your activities online over time across non-affiliated websites and applications.

Requests to Know, Correct, Delete, Obtain a Copy, or appeal our decision on your request. You may submit a request or appeal our decision on your request through the following methods:

To submit a request, we are required to verify your identity. You will be required to provide the primary email address listed on your account. A verification email will then be sent to that email address in order to verify your identity. We may need to contact you to confirm your request.

You may use an authorized agent to submit your request. If you are an authorized agent and a consumer has given you written, signed permission to submit a request on their behalf, you must submit a copy of that permission to us in order to submit the consumer’s request. We will require the consumer to verify their identity and directly confirm with us that they have provided you with permission to submit the request. You may submit such requests through the following methods:

YOUR OREGON PRIVACY RIGHTS

Oregon provides its residents with the following data privacy rights. You may exercise these rights once during any 12 month period without charge:

  • right to know whether we are processing your personal data and the categories of personal data we are processing or have processed
  • right of portability to obtain, in a portable and, to the extent technically feasible, readily usable format, a copy of the personal data that you have previously provided to us that allows you to transmit the data to another entity without hindrance, where the processing is carried out by automated means.
  • right to correct inaccurate personal data that we have maintained about you, taking into account the nature of the personal data and the purposes of the processing
  • right to delete personal data that we have collected about you and information we have derived from that data, subject to certain exceptions.
  • right to opt-out of processing of your personal data for the purposes of (a) targeted advertising, (b) sale; or (c) automated profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

HOW TO SUBMIT A REQUEST OR APPEAL OUR DECISION ON YOUR REQUEST

Requests to Opt-Out. We do not sell your personal data or use it or share it with third parties for the purposes of targeted advertising or for profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Your personal data is “sold” if we provide it to a third party for monetary or other valuable consideration. Please note a “sale” does not occur when we disclose your personal data at your direction, to our service provider, or when otherwise permitted under applicable law. Your personal data is used for targeted advertising if it is used to display an ad to you where the ad is selected based on a profile that has been built of you using personal data collected from your activities online over time across non-affiliated websites and applications.

Requests to Know, Correct, Delete, Obtain a Copy, or appeal our decision on your request. You may submit a request or appeal our decision on your request through the following methods:

To submit a request, we are required to verify your identity. You will be required to provide the primary email address listed on your account. A verification email will then be sent to that email address in order to verify your identity. We may need to contact you to confirm your request.

You may use an authorized agent to submit your request. If you are an authorized agent and a consumer has given you written, signed permission to submit a request on their behalf, you must submit a copy of that permission to us in order to submit the consumer’s request. We will require the consumer to verify their identity and directly confirm with us that they have provided you with permission to submit the request. You may submit such requests through the following methods:

YOUR TEXAS AND VIRGINIA PRIVACY RIGHTS

Texas and Virginia provide their residents with the following data privacy rights. You may exercise these rights up to twice annually free of charge:

  • right to know whether we are processing your personal data and to access that personal data
  • right of portability to obtain, in a portable and, to the extent technically feasible, readily usable format, a copy of the personal data that you have previously provided to us that allows you to transmit the data to another entity without hindrance, where the processing is carried out by automated means
  • right to correct inaccurate personal data that we have maintained about you, taking into account the nature of the personal data and the purposes of the processing
  • right to delete personal data that we have collected about you, subject to certain exceptions.
  • right to opt-out of processing of your personal data for (a) targeted advertising, (b) sale; or (c) automated profiling in furtherance of decisions that produce legal or similarly significant effects concerning you

HOW TO SUBMIT A REQUEST OR APPEAL OUR DECISION ON YOUR REQUEST

Requests to Opt-Out. We do not sell your personal data or use it or share it with third parties for the purposes of targeted advertising or for profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Your personal data is “sold” if we provide it to a third party for monetary or other valuable consideration. Please note a “sale” does not occur when we disclose your personal data at your direction, to our service provider, or when otherwise permitted under applicable law. Your personal data is used for targeted advertising if it is used to display an ad to you where the ad is selected based on a profile that has been built of you using personal data collected from your activities online over time across non-affiliated websites and applications.

Requests to Know, Correct, Delete, Obtain a Copy, or appeal our decision on your request. You may submit a request or appeal our decision on your request through the following methods:

To submit a request, we are required to verify your identity. You will be required to provide the primary email address listed on your account. A verification email will then be sent to that email address in order to verify your identity. We may need to contact you to confirm your request.

You may use an authorized agent to submit your request. If you are an authorized agent and a consumer has given you written, signed permission to submit a request on their behalf, you must submit a copy of that permission to us in order to submit the consumer’s request. We will require the consumer to verify their identity and directly confirm with us that they have provided you with permission to submit the request. You may submit such requests through the following methods:

YOUR UTAH PRIVACY RIGHTS

Utah provides its residents with the following data privacy rights. You may exercise these rights every 12 months free of charge:

  • right to know whether we are processing your personal data and to access that personal data, subject to certain exceptions
  • right of portability to obtain a copy of the personal data that you have previously provided to us in a portable and, to the extent technical feasible, readily usable format that allows you to transmit the data to another entity without hindrance, where the processing is carried out by automated means.
  • right to delete personal data you have provided to us, subject to certain exceptions
  • right to opt-out of processing of your personal data for purposes of (a) targeted advertising or (b) sale.

HOW TO SUBMIT A REQUEST

Requests to Opt-Out. We do not sell your personal data or use it or share it with third parties for the purposes of targeted advertising. Your personal data is “sold” if we provide it to a third party for monetary or other valuable consideration. Please note a “sale” does not occur when we disclose your personal data at your direction, to our service provider, or when otherwise permitted under applicable law. Your personal data is used for targeted advertising if it is used to display an ad to you where the ad is selected based on a profile that has been built of you using personal data collected from your activities online over time across non-affiliated websites and applications.

Requests to Requests to Know, Delete, or Obtain a Copy. You may submit a request through the following methods:

To submit a request, we are required to verify your identity. You will be required to provide the primary email address listed on your account. A verification email will then be sent to that email address in order to verify your identity. We may need to contact you to confirm your request.

You may use an authorized agent to submit your request. If you are an authorized agent and a consumer has given you written, signed permission to submit a request on their behalf, you must submit a copy of that permission to us in order to submit the consumer’s request. We will require the consumer to verify their identity and directly confirm with us that they have provided you with permission to submit the request. You may submit such requests through the following methods:

EUROPE

This section of our Privacy Policy provides certain required information to persons located in the European Union (“EU”), a European Economic Area (“EEA”) member state, or the United Kingdom (“UK”), and to persons with respect to whom the processing of their personal data may have actual or potential effects in Switzerland. Before ExpertVoice collects any personal data, you are entitled under the General Data Protection Regulation (“GDPR”), the United Kingdom General Data Protection Regulation (“UK-GDPR”) and the revised Swiss Federal Act on Data Protection (“revFADP”) to the information in this section of our Privacy Policy.

LEGAL BASES FOR PROCESSING PERSONAL INFORMATION

With respect to persons located in the EU, an EEA member state, or the UK, ExpertVoice will only process your personal data when ExpertVoice has a lawful basis for doing so. ExpertVoice will collect and process your personal data as necessary for the performance of a contract to which you are a party or because ExpertVoice has another legitimate interest in doing so relating to ExpertVoice’s business purposes arising from your relationship with ExpertVoice. ExpertVoice may also seek your prior consent or rely on some other lawful basis to process your personal data.

RIGHTS OF USERS LOCATED IN THE EUROPEAN STATES

If you use our Services and are located in the EU, an EEA member state, or the UK, or the processing of your personal data may have actual or potential effects in Switzerland, you are entitled by law to access, correct, amend, or delete personal data about you that we hold. A list of these rights is below. Please note that these rights are not absolute and certain exemptions may apply to specific requests that you may submit to us.

  • The right to access. You have the right to ask us for copies of your personal data. When making a request, please provide an accurate description of the personal data to which you want access. We may charge a reasonable fee based on administrative cost.
  • The right to rectification. You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
  • The right to erasure. You have the right to ask us to erase your personal data in certain circumstances, including your personal data must be erased to comply with a legal obligation under EU, an EEA member state, UK, or Swiss law.
  • The right to restrict processing. You have the right to ask us to restrict the processing of your personal data in certain circumstances, including: (i) when the accuracy of the personal data is brought into question, or (ii) when we no longer need the personal data for the purposes of the processing but you require such personal data for the establishment, exercise, or defense of a legal claim.
  • The right to data portability. You have the right to ask that we transfer the personal data you gave us from one organization to another, or give it to you.
  • The right to lodge a complaint with the supervisory authority. If you believe your rights under the GDPR have been violated, the GDPR gives you the right to file a complaint with your supervisory authority. A list of supervisory authorities is available here: https://edpb.europa.eu/about-edpb/about-edpb/members_en. If you believe your rights under the UK-GDPR have been violated, the UK-GDPR gives you the right to file a complaint with the Information Commissioner’s Office at https://ico.org.uk/make-a-complaint/data-protection-complaints/personal-information-complaint/. If you believe your rights under the revFADP have been violated, you have the right to enforce your claims in court or to file a complaint with the competent data protection authority.
  • The right to withdraw consent. If ExpertVoice obtains your written consent to collect and process your personal data, you can subsequently withdraw such consent as to any further processing of information by contacting us at  support@expertvoice.com.
  • Automated decision-making. To the extent that ExpertVoice engages in decision-making based solely on automated processing, including profiling, which produces legal effects concerning you or which significantly affects you, you have the right not to be subject to such decision-making.

To exercise these rights please contact us at support@expertvoice.com. For your protection, we may need to verify your identity before responding to your request. In the event that we refuse a request, we will provide you a reason as to why.

You may also have the right to: (a) if you believe your rights under the GDPR have been violated, file a complaint with your supervisory authority. A list of supervisory authorities is available here: https://edpb.europa.eu/about-edpb/about-edpb/members_en; (b) if you believe your rights under the UK-GDPR have been violated, file a complaint with the Information Commissioner’s Office at https://ico.org.uk/make-a-complaint/data-protection-complaints/personal-information-complaint/; or (c) if you believe your rights under the revFADP have been violated, enforce your claims in court or file a complaint with the competent data protection authority..

RIGHT TO OBJECT TO PROCESSING

You have the right to object to the processing of your personal data that is based on legitimate interests. If you make such an objection, we will cease to process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests or which override your rights and freedoms, or we can demonstrate the processing is for the establishment, exercise, or defense of legal claims. You can object to the processing of your personal data by contacting us at  support@expertvoice.com.

CROSS-BORDER TRANSFERS OF PERSONAL INFORMATION

Personal data that you provide while in the EU, an EEA member state, the UK, or Switzerland will be transferred to the United States. The GDPR, the UK-GDPR, and the revFADP permit such transfer when necessary for the performance of a contract between you and ExpertVoice, if ExpertVoice obtains your explicit consent to such transfer, or if it is ExpertVoice’s legitimate interest to transfer the personal data. The laws in the United States may not be as protective of your privacy as those in your location. If we transfer personal data from the EU, an EEA member state, the UK, or Switzerland, we will comply with the Data Privacy Framework Principles with respect to personal data transferred.

DATA PRIVACY FRAMEWORKS POLICY

ExpertVoice complies 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”) as set forth by the U.S. Department of Commerce. ExpertVoice 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 and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. ExpertVoice 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 applicable Principles shall govern.  To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Pursuant to the Data Privacy Frameworks, EU, EEA member state, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain personal data relating to you in the United States. Upon request, we will provide you with access to the personal data that we hold about you. You may also correct, amend, or delete the personal data 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 the Data Privacy Frameworks should direct their query to support@expertvoice.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 data, please submit a written request to support@expertvoice.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.

ExpertVoice’s accountability for personal data that it receives in the United States under the Data Privacy Frameworks and subsequently transfers to a third party is described in the applicable Principles. In particular, ExpertVoice remains responsible and liable under the applicable 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 ExpertVoice proves that it is not responsible for the event giving rise to the damage.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, ExpertVoice commits to resolve Principles-related complaints about our collection and use of your personal data.  EU, EEA member state, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact us at 1-866-376-4685, support@expertvoice.com, or visit https://www.expertvoice.com/contact.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, ExpertVoice commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to BBB National Programs (BBB NP), an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your Principles-related complaint from us, or if we have not addressed your Principles-related complaint to your satisfaction, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information or to file a complaint. The services of BBB NP are provided at no cost to you.

You have the possibility, following the procedures and subject to the conditions set forth in Annex I of the Data Privacy Framework, to invoke binding arbitration to determine whether we have violated our obligations to you under the DPF Principles and whether any such violation remains fully or partially unremedied (“residual claims”).  Please visit https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction for more information. The Federal Trade Commission has jurisdiction over ExpertVoice’s compliance with the Data Privacy Frameworks.

BINDING ARBITRATION AND WAIVER OF CLASS ACTIONS

Any claim, dispute, or controversy (a “Claim”) related to this Privacy Policy or the use of your personal data arising at any time, if not resolved through the informal dispute resolution procedure set forth in the Binding Arbitration and Waiver of Class Actions section of ExpertVoice’s Terms of Use Binding Arbitration and Waiver of Class Actions (the “Arbitration Section”), will be exclusively resolved by individual, binding arbitration in accordance with the Arbitration Section.

If there is a conflict between the Binding Arbitration and Waiver of Class Actions section of ExpertVoice’s Terms of Use and the Data Privacy Frameworks Policy section of this Privacy Policy, the Data Privacy Frameworks Policy section shall control.