Privacy Policy for NEXLOCAL REVIEW
Last updated: 11/25/2024
This Privacy Policy outlines how NEXLOCAL REVIEW ("the Software," "we," "our") collects, uses, and shares personal information from users who use our platform. NEXLOCAL REVIEW is a software designed to help local businesses enhance their online reputation through various features such as review aggregation, automated review responses, review request campaigns, analytics, and process automation. We are committed to complying with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
1. Personal Data We Collect
We collect the following types of personal data from our users:
- Identifying and contact information: Name, email address, IP address, phone number, login credentials.
- Platform usage data: Information about reviews, responses sent via the platform, interactions with the review widget, performance and reputation analytics.
- Data collected through automations and review request campaigns: Data from end-users (customers of local businesses), including names, email addresses, private feedback, public reviews, video testimonials, and information submitted via landing pages.
- Browsing data: IP address, platform usage details (including cookies and similar tracking technologies).
- Data processed through artificial intelligence (AI): AI is used to generate automated responses to reviews. The data processed includes the content of the reviews and any responses generated via our platform.
2. Purposes of Data Processing
We collect and process personal data for the following purposes:
- Review aggregation: We collect reviews from multiple platforms (Google, Facebook, etc.) and display them in a unified interface on the platform.
- Automated AI responses: Reviews may be responded to automatically using AI, which generates responses based on the content of the reviews and pre-set parameters.
- Review request campaigns: We send email campaigns to end-users (customers of local businesses) to encourage them to leave reviews or submit private feedback and video testimonials via a landing page.
- Review sharing: We share the collected reviews on users' websites via widgets and on social media platforms by generating images based on the written reviews.
- Analytics and reporting: We provide analytics tools that allow users to monitor their reputation and the performance of review request campaigns.
- Process automation: We automate the sending of review requests through pre-configured workflows that users can set up.
3. Legal Basis for Data Processing
Under the GDPR, we process users' personal data based on the following legal grounds:
- Consent: For sending email campaigns and using AI for automated review responses.
- Performance of a contract: To provide the services offered by NEXLOCAL REVIEW as requested by users.
- Legal obligation: When we are required to comply with legal obligations.
- Legitimate interests: To improve our services, protect platform security, and monitor the effectiveness of platform features.
4. User Rights (GDPR and CCPA)
Users of NEXLOCAL REVIEW have specific rights regarding their personal data, including:
- Right of access: Users have the right to request information about the personal data we hold about them.
- Right to rectification: Users can request the correction of inaccurate or incomplete personal data.
- Right to erasure (right to be forgotten): Users can request the deletion of their personal data.
- Right to restrict processing: Users can request to limit the processing of their personal data in certain cases.
- Right to data portability: Users have the right to receive a copy of their data in a structured, commonly used, machine-readable format.
- Right to object: Users can object to the processing of their personal data in certain circumstances.
Under the CCPA, California residents have additional rights, including:
- Right to know: California consumers can request details about the categories and specific personal data collected, the purposes for processing, and any third parties with whom data is shared.
- Right to opt-out: Consumers can opt-out of the sale of their personal data.
- Right to non-discrimination: Users will not be discriminated against for exercising their rights under the CCPA.
5. Data Sharing
We only share users' personal data in the following circumstances:
- Service providers: We share data with third-party service providers who assist us in delivering the services (e.g., hosting, email delivery, analytics tools).
- Third-party integrations: NEXLOCAL REVIEW integrates with third-party platforms (e.g., Google, Facebook) to collect and display reviews, as well as social media networks for sharing reviews.
- Legal obligations: We may share personal data when required to comply with legal obligations or to protect the rights and safety of our users or the public.
6. Data Security
We implement appropriate technical and organizational measures to protect users' personal data from unauthorized access, alteration, disclosure, or destruction. However, no system is completely secure, and we cannot guarantee absolute security of the data.
7. Data Retention
We retain users' personal data only for as long as necessary to fulfill the purposes for which it was collected or to comply with applicable legal requirements.
8. Changes to This Privacy Policy
We reserve the right to update this Privacy Policy from time to time. Any significant changes will be communicated to users through the platform or via email.
9. Contact Information
For questions or requests regarding this Privacy Policy or the processing of personal data, users can contact us at: info@NexlocalReview.com
Terms of Service for NEXLOCAL REVIEW
Last updated: 11/25/2024
These Terms of Service ("Terms") govern your use of the NEXLOCAL REVIEW platform ("the Software," "we," "our," "us"). By accessing or using the Software, you ("user," "you," "your") agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Software.
1. Services Provided
NEXLOCAL REVIEW provides local businesses with tools to manage and enhance their online reputation through the following features:
- Review Aggregation: Display of reviews from various platforms (e.g., Google, Facebook) in a unified interface.
- AI-Powered Review Responses: Use of artificial intelligence to generate and post responses to customer reviews.
- Review Request Campaigns: Sending of email campaigns to request reviews or feedback from end-customers, including private feedback and video testimonials via a landing page.
- Review Sharing: Sharing reviews on users’ websites via widgets and on social media by generating review-based images.
- Analytics: Access to data and reports on the performance of reviews and the overall reputation.
- Automation: Tools to automate review request processes through configurable workflows.
2. Eligibility
To use the Software, you must:
- Be at least 18 years old or the legal age of majority in your jurisdiction.
- Have the authority to enter into legally binding agreements.
- Agree to comply with these Terms and all applicable laws and regulations.
3. Account Registration
To access certain features of the Software, you must register for an account. You agree to:
- Provide accurate, complete, and up-to-date information during the registration process.
- Maintain the confidentiality of your account login credentials.
- Notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate your account if any information provided during registration is found to be inaccurate, false, or incomplete.
4. License to Use
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Software solely for your business purposes, subject to these Terms. You agree not to:
- Reproduce, distribute, or publicly display the Software or any portion thereof without our prior written consent.
- Reverse-engineer, decompile, or disassemble the Software.
- Use the Software for any unlawful purpose or in violation of any applicable laws or regulations.
5. User-Generated Content
By using the Software to manage and respond to reviews, send review requests, or share reviews on other platforms, you agree that:
- You are solely responsible for the content you upload, post, or transmit through the Software.
- You must have the right to use and share the content (e.g., reviews, testimonials, feedback) submitted through the Software.
- We may monitor, modify, or remove content that violates these Terms or applicable law, but we are not obligated to do so.
6. Artificial Intelligence Usage
NEXLOCAL REVIEW uses artificial intelligence (AI) to generate automatic responses to reviews. By using this feature, you agree that:
- AI-generated responses are based on pre-set parameters and data, and you are responsible for reviewing the responses before they are posted.
- We are not liable for any damages, claims, or disputes arising from the use of AI-generated content, including but not limited to inaccurate or inappropriate responses.
7. Payment and Subscription
Certain features of the Software may require payment. By subscribing to any paid services, you agree to:
- Pay the fees associated with your subscription plan, as outlined on our pricing page.
- Provide accurate payment information and maintain an active payment method during your subscription term.
- Acknowledge that all fees are non-refundable unless otherwise stated.
We reserve the right to modify our pricing and subscription plans at any time. Changes to pricing will take effect at the end of your current subscription term.
8. Termination
We reserve the right to terminate or suspend your access to the Software, without notice, for any reason, including but not limited to:
- Violations of these Terms.
- Non-payment of fees.
- Fraudulent or unlawful activities.
Upon termination, your license to use the Software will immediately cease, and any data associated with your account may be deleted. You are solely responsible for exporting any necessary data before termination.
9. Intellectual Property
All content and materials within the Software, including but not limited to logos, text, graphics, software, and design, are owned by NEXLOCAL REVIEW or licensed to us. You may not use any content from the Software without our express written consent, except as expressly permitted by these Terms.
10. Data Privacy
Your use of the Software is subject to our Privacy Policy, which governs how we collect, use, and protect your personal data. By using the Software, you agree to the terms of our Privacy Policy.
11. Disclaimer of Warranties
The Software is provided "as is" and "as available" without any warranties, express or implied, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Any guarantees of accuracy, reliability, or availability of the Software.
We do not guarantee that the Software will be error-free, secure, or uninterrupted. You use the Software at your own risk.
12. Limitation of Liability
To the maximum extent permitted by law, NEXLOCAL REVIEW and its affiliates, officers, directors, employees, and agents shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
- Damages exceeding the amount you paid to use the Software in the twelve (12) months prior to the event giving rise to the claim.
13. Indemnification
You agree to indemnify and hold harmless NEXLOCAL REVIEW, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Software.
- Your violation of these Terms or any applicable law.
- Any content you upload, post, or transmit via the Software.
14. Governing Law
These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of Arizona, without regard to its conflict of law principles.
15. Dispute Resolution
In the event of a dispute arising from these Terms, you agree to first attempt to resolve the dispute informally by contacting us at [insert contact email]. If the dispute cannot be resolved informally, you agree to submit to the exclusive jurisdiction of the courts located in Arizona.
16. Changes to the Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a notice on the platform. Your continued use of the Software after the changes take effect will signify your acceptance of the updated Terms.
17. Contact Information
If you have any questions about these Terms, please contact us at info@NexlocalReview.com
Cookie Policy for NEXLOCAL REVIEW
Last updated: 11/25/2024
NEXLOCAL REVIEW ("the Software," "we," "our," "us") uses cookies and similar technologies to improve the user experience and ensure the proper functioning of our platform. This Cookie Policy explains what cookies are, how we use them, and your choices regarding their use.
1. What Are Cookies?
Cookies are small text files that are stored on your device (computer, smartphone, tablet) when you visit a website. They are widely used to make websites work efficiently and to provide information to the owners of the site. Cookies can be "session cookies" (deleted when you close your browser) or "persistent cookies" (stored on your device until they expire or you delete them).
2. Types of Cookies We Use
We use the following types of cookies on the NEXLOCAL REVIEW platform:
- Essential Cookies: These cookies are necessary for the basic functionality of the Software. They allow you to navigate the platform, log in, and use its features. Without these cookies, certain parts of the platform would not function properly.
- Performance Cookies: These cookies collect information about how users interact with the Software, such as which pages are visited most often or if any error messages are received. The data collected is used to improve the performance and user experience of the platform.
- Functional Cookies: These cookies allow us to remember your preferences and customize your experience, such as remembering your language settings or keeping you logged in across sessions.
- Targeting/Advertising Cookies: These cookies are used to deliver personalized advertisements that are relevant to you and your interests. They also limit the number of times you see an ad and help measure the effectiveness of advertising campaigns.
- Third-Party Cookies: Some cookies may be placed by third-party services that appear on our platform, such as social media platforms or analytics providers (e.g., Google Analytics). These cookies are controlled by third parties, and their usage is governed by their respective privacy and cookie policies.
3. How We Use Cookies
NEXLOCAL REVIEW uses cookies to:
- Enhance User Experience: Ensure that the platform functions correctly and provides a smooth and customized user experience.
- Track Analytics and Performance: Gather information about how the platform is used to improve its performance, fix issues, and optimize content.
- Enable Targeted Advertising: Display relevant ads to users and track the success of our marketing efforts.
- Store User Preferences: Remember user settings and preferences, such as language choices and login information.
4. Third-Party Cookies
We use third-party services that may set cookies on your device, including but not limited to:
- Google Analytics: For tracking and reporting website traffic and user interactions with the platform. Google Analytics helps us understand how users engage with our platform so we can improve it. Google’s privacy policy is available here.
- Social Media Plugins: If you interact with content from social media platforms (e.g., by sharing reviews), those platforms may set cookies on your device. Each platform has its own privacy policy, and we encourage you to review their policies to understand how they handle your data.
5. Your Cookie Choices
You have several options for managing cookies:
- Browser Settings: Most web browsers allow you to control and delete cookies through your browser settings. You can configure your browser to notify you when cookies are being set, block all cookies, or delete existing cookies. However, if you block or delete essential cookies, some features of the Software may not work correctly.
- Third-Party Tools: You can opt out of certain third-party cookies by visiting sites like the Digital Advertising Alliance’s YourAdChoices or the Network Advertising Initiative’s Opt-Out Page.
- Consent Banners: When you first visit the platform, you will see a cookie consent banner. You can accept or decline non-essential cookies through this banner. You may also change your cookie preferences at any time by revisiting the consent banner or adjusting your settings in the platform.
6. Changes to the Cookie Policy
We may update this Cookie Policy from time to time to reflect changes in the cookies we use or for other operational, legal, or regulatory reasons. If we make material changes to this policy, we will notify you via a prominent notice on the platform or via email.
7. Contact Information
If you have any questions about our use of cookies or this Cookie Policy, please contact us at: info@NexlocalReview.com
Data Processing Agreement (DPA) for NEXLOCAL REVIEW
Last updated: 11/25/2024
This Data Processing Agreement ("DPA") is part of the Terms of Service ("Agreement") between [Customer Name] ("Customer," "you," "your") and NEXLOCAL REVIEW ("the Software," "Processor," "we," "our," "us"). This DPA governs the processing of personal data that we perform on behalf of the Customer in connection with the provision of the Software, in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
1. Definitions
- Data Controller: The entity that determines the purposes and means of the processing of personal data.
- Data Processor: The entity that processes personal data on behalf of the Data Controller.
- Data Subject: Any identified or identifiable individual whose personal data is processed.
- Personal Data: Any information relating to an identified or identifiable individual.
- Processing: Any operation or set of operations performed on personal data, such as collection, storage, use, disclosure, or erasure.
- Sub-Processor: Any third party appointed by the Processor to process personal data on behalf of the Customer.
2. Roles and Responsibilities
- Customer as Data Controller: The Customer acts as the Data Controller for all personal data processed through the Software. As Data Controller, the Customer is responsible for determining the legal basis for processing and ensuring compliance with applicable data protection laws.
- NEXLOCAL REVIEW as Data Processor: NEXLOCAL REVIEW acts as the Data Processor and processes personal data on behalf of the Customer in accordance with this DPA and the Customer's instructions.
3. Types of Personal Data Processed
NEXLOCAL REVIEW processes the following types of personal data on behalf of the Customer:
- End-user data: Names, email addresses, reviews, feedback, video testimonials, and other information submitted through review requests or landing pages.
- Customer data: Names, email addresses, contact information, login credentials, and other business-related data.
- Usage data: IP addresses, device information, and data related to the usage of the Software.
The scope of the data processed may change based on the services provided by NEXLOCAL REVIEW, and the Customer will be informed accordingly.
4. Purpose of Processing
NEXLOCAL REVIEW processes personal data for the following purposes:
- Aggregating reviews from third-party platforms (e.g., Google, Facebook).
- Responding to reviews via artificial intelligence on behalf of the Customer.
- Sending review request campaigns and processing feedback.
- Sharing reviews through widgets and social media platforms.
- Performing analytics to track and enhance reputation management.
- Automating processes such as the sending of review requests.
5. Duration of Processing
The processing of personal data will continue for the duration of the Agreement, unless otherwise required by law or requested by the Customer for data deletion.
6. Processor Obligations
NEXLOCAL REVIEW agrees to:
- Process data only under instructions from the Customer: We will process personal data only as necessary to provide the Software and in accordance with the Customer's documented instructions.
- Ensure confidentiality: We will ensure that all employees or contractors involved in processing personal data are subject to a duty of confidentiality.
- Implement security measures: We will implement appropriate technical and organizational measures to protect personal data from unauthorized access, loss, alteration, or disclosure.
- Assist the Customer: We will assist the Customer in fulfilling its obligations to respond to data subject requests (e.g., requests for access, rectification, deletion, or portability) and in ensuring compliance with applicable laws, including performing data protection impact assessments when required.
- Data breach notification: In the event of a personal data breach, we will notify the Customer without undue delay after becoming aware of the breach and provide reasonable information and assistance.
7. Customer Obligations
As Data Controller, the Customer agrees to:
- Provide lawful instructions: The Customer will ensure that all instructions provided to NEXLOCAL REVIEW are lawful and comply with applicable data protection laws.
- Inform data subjects: The Customer is responsible for providing data subjects with any necessary privacy notices and obtaining the required consents where applicable.
- Ensure legal basis for processing: The Customer must ensure that there is a valid legal basis for processing personal data (e.g., consent, legitimate interest, contract performance).
- Respond to data subject requests: The Customer will handle all data subject requests related to the personal data processed through the Software. NEXLOCAL REVIEW will assist upon request.
8. Sub-Processors
NEXLOCAL REVIEW may engage Sub-Processors to process personal data on behalf of the Customer. We will:
- Ensure that any Sub-Processor we engage provides the same level of data protection and security as required by this DPA.
- Inform the Customer of any intended changes concerning the addition or replacement of Sub-Processors, giving the Customer the opportunity to object.
- Remain fully liable for the performance of our Sub-Processors.
A list of current Sub-Processors can be provided upon request.
9. International Data Transfers
NEXLOCAL REVIEW may transfer personal data to countries outside the European Economic Area (EEA) or other regions with data protection laws different from those in your jurisdiction. Where such transfers occur, we will ensure that appropriate safeguards are in place to protect the personal data, such as relying on Standard Contractual Clauses (SCCs) or other lawful mechanisms.
10. Security Measures
NEXLOCAL REVIEW implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:
- Encryption of personal data during transmission.
- Access controls to prevent unauthorized access to data.
- Regular security assessments and audits.
- Incident response plans to handle data breaches.
11. Data Subject Rights
NEXLOCAL REVIEW will assist the Customer in ensuring compliance with data subjects' rights under applicable data protection laws, including the rights to:
- Access their personal data.
- Rectify inaccurate or incomplete data.
- Request erasure of their data ("right to be forgotten").
- Restrict or object to the processing of their data.
- Receive their data in a portable format (where applicable).
Requests from data subjects will be forwarded to the Customer for handling, and NEXLOCAL REVIEW will provide assistance as necessary.
12. Data Retention and Deletion
Upon termination or expiration of the Agreement, NEXLOCAL REVIEW will, at the Customer's request:
- Return all personal data processed on behalf of the Customer, or
- Delete all personal data, unless retention is required by law.
13. Audit Rights
The Customer has the right to request audits or inspections of NEXLOCAL REVIEW's processing activities to ensure compliance with this DPA. The Customer agrees that such audits will be conducted at its own cost, with reasonable notice and minimal disruption to our operations.
14. Liability
Both parties agree that their liability under this DPA will be subject to the limitations and exclusions set out in the Agreement, except where such limitations are prohibited by applicable data protection laws.
15. Governing Law
This DPA shall be governed by and construed in accordance with the laws of [insert jurisdiction], without regard to its conflict of laws principles.
16. Termination
This DPA shall remain in effect as long as NEXLOCAL REVIEW processes personal data on behalf of the Customer. Upon termination of the Agreement, the terms of this DPA will continue to apply for as long as NEXLOCAL REVIEW retains personal data.
17. Contact Information
If you have any questions or concerns regarding this DPA or your data privacy rights, please contact us at: info@NexlocalReview.com