Policies

Privacy Policy

Last Updated: February 22, 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 or ExpertVoice’s mobile application (collectively, “sites”).

By using our sites, registering for our services, or by choosing to submit personal information to ExpertVoice through the sites, you agree to the terms of this Privacy Policy. You are not required to provide any personal information, but if you choose not to, you may not be able to access certain information or areas of the sites. If you do not agree with any terms of this Privacy Policy, please do not use the sites or submit any personal information to ExpertVoice.

ExpertVoice is based in the United States, with servers located in the United States. By using our sites, you consent to the collection, transfer, storage, processing, disclosure, and other uses of your information in the United States as described in this Privacy Policy to the extent permitted by applicable law.

WHAT INFORMATION WE COLLECT

All Users

When you visit our sites, we collect personal information about you. “Personal Information” means information that identifies a particular individual including:

  • Real name, alias, unique personal identifier, online identifier, Internet Protocol address, or account name;
  • Education, employment, employment history or credit card number;
  • Commercial information including products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies;
  • Internet or other electronic network activity information regarding a consumer’s interaction with an Internet website; and
  • Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Personal Information also includes “personal data” as defined by the General Data Protection Regulation (“GDPR”), the United Kingdom General Data Protection Regulation (“UK-GDPR”), the revised Swiss Federal Act on Data Protection (“revFADP”) and the California Consumer Privacy Act (“CCPA”), as applicable. Personal Information is collected when you fill out forms, communicate with us through our sites, or create an online profile. We may collect Personal Information that you make publicly available, such as if you write a product review or make a comment on another user’s content.

We may also collect certain information about your use of our sites such as information about your computer, including your IP address, the type of browser you are using, and your computer’s operating system. Except as otherwise explained in this Privacy Policy or as may be prohibited by law, we may combine this information with your Personal Information.

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).

ONLINE PROFILE

When you create an online profile, you may choose to provide optional information such as your employer, training modules completed, purchases you make, product reviews, photographs, points earned, etc. Any information you provide on your profile is subject to this Privacy Policy. Information you choose to upload or publish to a public area of your profile will appear on the sites and may be viewed by other members and brands. If you choose to include Personal Information in a public area of the sites, you consent to the public disclosure of the Personal Information you choose to post. If you do not wish to publish your Personal Information in this manner, please do not include it in material you post to a public area of the sites. We provide you ways to control the public sharing of your profile, generally, and data within your profile at the following link: https://www.expertvoice.com/account.

COOKIES AND OTHER TRACKING TECHNOLOGY

Our sites also use “cookies” (small data files stored on your computer) and other tracking technologies to collect information about your visit to our sites. The cookies that may be used by ExpertVoice fall into the two categories described below. These descriptions can help you determine if and how you would like to interact with the sites.

  • Required Cookies: These cookies are absolutely necessary for the sites to function properly and cannot be switched off in our systems. This category includes cookies that ensure the basic functionality and security of the sites. These cookies do not store Personal Information.
  • Optional Cookies: These cookies may not be necessary for the sites to function and are used to collect Personal Information on users via analytics, ads, and other embedded content. These cookies often help us improve the experience of the website. Users may opt out of Optional cookies by going to https://www.expertvoice.com/account. Once on the page, you will see a box labeled Cookies where you can toggle off Optional Cookies.

Our sites and services do not respond to browser “Do Not Track” signals.

The cookies and tracking technologies we use do not capture Personal Information. The information that is captured about your visit may be used in a variety of ways, such as to monitor and maintain information about your visits to our sites, to help us identify and address problems, to improve our sites, to analyze web traffic trends, and to help protect the security and integrity of our sites. You may set your browser not to accept cookies or to notify you when you receive cookies, giving you the opportunity to decide whether to accept cookies. If you do not accept cookies, you may still use our sites, but your experience may be degraded. We may also use pixel tags (also known as “clear gifs,” “Web beacons,” or “1-by-1gifs”) on our sites. These may be used in connection with certain pages of our sites or with email messages to measure the effectiveness of our communications and our marketing campaigns, to compile statistics about usage and response rates, and to assist us in resolving issues that may arise on our sites.

Third-party vendors may collect Personal Information about your online activities over time and across different websites when you use the sites.

Our sites use Google Analytics, a web analytics service provided by Google Inc. (“Google”). On our behalf, Google will use the cookies to collect information to evaluate your use of the sites, compile reports about activity on the sites, and to provide other services related to the sites and Internet use. Learn more about Google Analytics and your choices by visiting this website: https://tools.google.com/dlpage/gaoptout.

You can also learn more about online advertising cookies and your ability to opt-out of certain online advertising cookies by visiting the following websites: http://www.aboutads.info/choices or http://www.networkadvertising.org/choices. For your mobile device, you can understand which third parties have currently enabled cookies on your mobile device and how to opt-out of some of those cookies by accessing the Network Advertising Initiative's website at http://www.networkadvertising.org/mobile-choices from your mobile device. On your mobile device you may also select “Limit Ad Tracking” (on iOS devices) or “Opt out of Interest-Based Ads” (on Android). Even if you disable tracking, keep in mind that you may still receive interest-based advertising, including from third parties with whom your information had been previously disclosed and that you may still receive advertising from third parties, though such advertising may not be based on your interests and preferences.

HOW WE USE COLLECTED PERSONAL INFORMATION

We may use the Personal Information we collect for the following purposes:

  • To respond to your inquiries and fulfill your requests;
  • To send you important information regarding our sites, changes to our terms, conditions, and policies, and/or other administrative information;
  • To send you marketing communications that we believe may be of interest to you, if you have agreed to receive such messages;
  • To personalize your experience on our sites by presenting content tailored to you;
  • To allow you to take and keep track of training;
  • For our business purposes, such as data analysis, audits, developing new products, enhancing our sites, improving our services, identifying usage trends, furthering brand relationships, and determining the effectiveness of our promotional campaigns;
  • For risk control, to comply with laws and regulations, and to comply with other legal process and law enforcement requirements;
  • To use information about your activities on the sites to communicate your training progress to your employers and in some cases to offer you retail discounts; and
  • For other purposes which are disclosed to you and to which you consent.

We may also use information that we receive about you from your employer and data providers who assist us in processing requests, maintaining our data, and optimizing our services.

We may also use your Personal Information for business purposes such as:

  • Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
  • Debugging to identify and repair errors that impair existing intended functionality;
  • Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
  • Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services;
  • Undertaking internal research for technological development and demonstration;
  • Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us;
  • For other legitimate purposes as permitted by law; and
  • Any commercial purposes, including any purpose to advance your commercial or economic interests, such as by inducing you to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

SHARING YOUR INFORMATION

We do not sell your Personal Information. We will not disclose your Personal Information to third parties except as described in this Privacy Policy, to the extent necessary to provide you with a requested service, or under any other circumstances permitted by law. You agree that we may also disclose this information to third parties: (1) when we have reason to believe that such disclosure is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of our sites, or anyone else who could be harmed by such activities; (2) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, such as to comply with a subpoena or similar legal process; or (3) for any other legitimate business purpose not prohibited by law. Please note that we may be required to release an individual’s Personal Information in response to a legal inquiry from public authorities including to meet national security or law enforcement requirements.

We may share information about your activity on the sites with brands, and in some cases your employers. This includes sharing your product reviews with the brands and in some instances the brands’ syndicated review network. We may transfer your Personal Information to third party service providers that assist us with carrying out these purposes. For example, we may use a data processing contractor to operate computer systems on our behalf, for administrative, technical support, or other business purposes as necessary to facilitate our transactions with you, analyze our data, conduct analytics services, or to maintain and improve our services. Whenever any Personal Information is transferred to such third party service provider, that party will be contractually bound to use such Personal Information only to carry out the services we have requested, to abide by our Privacy Policy, and to provide adequate protection for the Personal Information.

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information. We may disclose your Personal Information for any other purpose with your consent.

When ExpertVoice receives Personal Information 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 (as explained in the Data Privacy Frameworks section below) and then transfers the Personal Information to third party services, we are liable for any processing of Personal Information 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.

YOUR CHOICES FOR CONTROLLING YOUR INFORMATION

CORRECTING OR CHANGING YOUR INFORMATION

We acknowledge the individual’s right to access their Personal Information. We are concerned about the accuracy, currency, and completeness of the Personal Information we collect and take appropriate steps to ensure that the information we have is accurate and up to date. In addition to the options provided to you in this Privacy Policy, if you wish to review, amend, correct, update, or delete Personal Information we have collected about you online, or to opt out of receiving our marketing communications, contact us at 1-866-376-4685, support@expertvoice.com or https://www.expertvoice.com/contact.

California users, please see the California Privacy Rights section below to find out how to exercise your rights. European users, please see the Europe section below to find out how to exercise your rights.

You may also contact us by writing to:

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

We will respond to your access request within any legally required time period. We reserve the right not to allow access to your information if we believe in good faith that such disclosure is prohibited by law or if the rights of another individual might be violated.

You may cancel your registration to our sites and/or request the removal of your Personal Information from our visitor records by sending an email to  support@expertvoice.com  or visiting us at https://www.expertvoice.com/contact.

CALIFORNIA PRIVACY RIGHTS

Under the California Consumer Privacy Act (CCPA), California residents have the right to:

  • Request that a business delete any personal information about the consumer which the business has collected from the consumer.
  • Request that a business that collects personal information about the consumer disclose to the consumer, free of charge, the following:
    • The categories of personal information the business has collected about the consumer in the preceding 12 months.
    • The categories of sources from which the personal information is collected.
    • The business or commercial purpose for which it collected or sold the personal information.
    • The categories of third parties with which the business shares personal information.
    • The specific pieces of personal information it has collected about that consumer.
  • Request that a business that sells the consumer’s personal information, or that discloses it for a business purpose disclose, free of charge, to the consumer:
    • The categories of personal information that the business sold in the preceding 12 months, and for each category identified, the categories of third parties to which it sold that particular category of personal information.
    • The categories of personal information that the business disclosed for a business purpose in the preceding 12 months, and for each category identified, the categories of third parties to whom it disclosed that particular category of personal information.
  • Direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information.

We will not discriminate against you if you choose to exercise any of your rights as described in this section.

HOW TO SUBMIT A REQUEST

You may submit a request under the CCPA through the following methods:

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

Consumers may use an authorized agent to submit their request. The authorized agent must be registered with the California Secretary of State and be authorized to submit requests on behalf of a consumer. If you are an authorized agent and a consumer has given you written and signed permission to submit a request on his or her behalf, please send a copy of your signed permission by the consumer to ExpertVoice. Failure to submit proof of signed permission may result in ExpertVoice denying the consumer’s request. ExpertVoice will require the consumer to verify his or her identity and directly confirm with ExpertVoice that the consumer has provided you with permission to submit the request.

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 Information may have actual or potential effects in Switzerland. Before ExpertVoice collects any Personal Information, 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 Information when ExpertVoice has a lawful basis for doing so. ExpertVoice will collect and process your Personal Information 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 Information.

RIGHTS OF USERS LOCATED IN THE EUROPEAN STATES

If you use our sites and are located in the EU, an EEA member state, or the UK, or the processing of your Personal Information may have actual or potential effects in Switzerland, you are entitled by law to access, correct, amend, or delete Personal Information 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 Information. When making a request, please provide an accurate description of the Personal Information 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 Information in certain circumstances, including your Personal Information 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 Information in certain circumstances, including: (i) when the accuracy of the Personal Information is brought into question, or (ii) when we no longer need the Personal Information for the purposes of the processing but you require such Personal Information 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 Information 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 Information, 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 Information that is based on legitimate interests. If you make such an objection, we will cease to process the Personal Information 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 Information by contacting us at  support@expertvoice.com.

CROSS-BORDER TRANSFERS OF PERSONAL INFORMATION

Personal Information 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 Information. The laws in the United States may not be as protective of your privacy as those in your location. If we transfer Personal Information from the EU, an EEA member state, the UK, or Switzerland, we will comply with the Data Privacy Framework Principles with respect to Personal Information transferred.

RETENTION OF YOUR PERSONAL INFORMATION

We will retain your Personal Information until the Personal Information is no longer necessary to accomplish the purpose for which it was provided. We may retain your Personal Information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

SECURITY

We use a variety of technologies and processes to protect Personal Information collected on the sites, including physical, technological, and organizational security measures. For example, we use encryption technology whenever transmitting Personal Information. Unfortunately, no security technology is completely secure, and you should remember that email is not a secure means of communication. We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to meet any legal requirements.

Some or all of the Personal Information 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 Information we collect.

LINKS TO OTHER WEBSITES

Our sites may contain links to websites owned by third parties. Information you share with a third-party site is not subject to this Privacy Policy. Please review the privacy policy of any sites you access through our sites.

CHILDREN’S PRIVACY

Our sites are not intended for use by children. We do not knowingly collect personal information from children under the age of 16. Children under the age of 16 are prohibited from creating an online profile.

PRIVACY POLICY CHANGES

If our Privacy Policy changes, we will post these changes to our sites with the date of revision. Unless otherwise stated, any modifications to this Statement 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 sites 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 Information, 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.

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 information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under 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 information, 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 information.  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-introductionfor more information. The Federal Trade Commission has jurisdiction over ExpertVoice’s compliance with the Data Privacy Frameworks.

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

ARBITRATION AND CLASS ACTION WAIVER

If there is a conflict between this Section and the Data Privacy Frameworks Policy section of this Privacy Policy, the Data Privacy Frameworks Policy section shall control.

You agree that in the event of any dispute between you and us and or any ExpertVoice entity, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to this Privacy Policy will be resolved by arbitration, including threshold questions of arbitrability of the Claim, except as permitted herein. You and we agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (together, the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right to have the arbitration conducted via telephone, or as an in-person hearing in your hometown area (if you live in the United States) or another location that is reasonably convenient to you.

You and we agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations.  Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and we agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.

Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, we will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.

You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in this Privacy Policy by sending written notice of your decision to opt-out at https://expert-support.expertvoice.com/hc/en-us/requests/new. The notice must be sent to us within thirty (30) days of your registering to use the ExpertVoice Services or agreeing to this Privacy Policy (or if this Section is amended hereafter, within 30 days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with this Section, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, we also will not be bound by them.

Notwithstanding anything in this Privacy Policy to the contrary, you may instead assert your Claim in “small claims” court, but only if your Claim qualifies, your Claim remains only in such court, and your Claim remains on an individual, non-representative and non-class basis. Further, you and we will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief.