Privacy Policy

Effective Date: June 23, 2025

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Hilary M Counts, LLC dba BERQ Marketing ("we," "us," or "our") operates the website berqmarketing.com (the "Website"). This Privacy Policy describes how we collect, use, and disclose your personal information when you visit our Website, interact with our services, and especially when you engage with our SMS marketing and communication programs.

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We are committed to protecting your privacy and handling your personal information with care and transparency. By accessing or using our Website and services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy.

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1. Information We Collect

We collect various types of information from and about users of our Website and services, including:

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A. Information You Provide to Us:

Contact Information: Names, email addresses, phone numbers (including mobile numbers for SMS), and postal addresses, which you provide through website forms, newsletter sign-ups, account registration, or direct contact.
Account Information: If you register for an account, we may collect usernames and passwords.
Communication Content: The content of your communications with us, including messages sent via email and text message, and any information you provide when interacting with customer support.
Purchase Information: Details related to digital product purchases, necessary for fulfilling orders and providing receipts.

 

B. Information We Collect Automatically:

As you navigate and interact with our Website, we may use cookies and other tracking technologies to automatically collect certain information about your device, Browse actions, and usage patterns. This includes:

Usage Data: IP addresses, browser type, device information (e.g., operating system, device ID), referring/exit pages, access times, and pages viewed on our Website.

Cookies and Tracking Technologies: We use cookies (small data files placed on your device) and similar technologies for essential website functionality, analytics, and advertising purposes. These help us understand how users interact with our Website, improve user experience, and deliver relevant products and offers. This includes third-party cookies used by services like Google Analytics.

2. How We Use Your Information

We use the information we collect for various purposes, including:

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To Provide and Maintain Our Services: To operate our Website, process purchases of digital products, deliver the services you request, and fulfill our contractual obligations.

To Communicate with You: To send you marketing emails, newsletters, promotional offers, transactional messages (like purchase receipts and appointment confirmations), customer service responses, and other updates.

To Personalize Your Experience: To tailor the content, products, and offers presented on our Website and through our communications to your interests and preferences.

For Analytics and Improvement: To analyze Website traffic, monitor user engagement, understand user behavior, and identify trends to improve our Website, services, and marketing strategies. This includes using data collected by Google Analytics.

For Marketing and Advertising: To send you promotional materials, show you targeted advertisements, and inform you about special offers that may be of interest to you.

For Security and Fraud Prevention: To detect, prevent, and respond to potential security incidents, fraud, or other malicious activities.
To Comply with Legal Obligations: To meet our legal and regulatory requirements.

3. SMS Messaging Policy

By providing your mobile phone number and opting in to receive text messages from us, you agree to this SMS Messaging Policy and our Privacy Policy.

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Opt-In Consent: You may opt-in to receive text messages from us by filling out a web form on our Website or, in connection with a purchase of a digital product, by opting-in for text communications. By opting in, you provide express written consent to receive recurring SMS messages from Hilary M Counts, LLC dba BERQ Marketing.

Purpose of Messages: Our text messages include:
Transactional/Informational Messages: Such as appointment confirmations, appointment reminders, and purchase receipts for digital products.

Promotional/Marketing Messages: Information about special offers, new products, services, or other marketing updates.

Opt-In Language: At the point of opt-in, you will see language similar to:

 

For appointment confirmations/reminders: "Hi First_Name, this is Willy from Berq Marketing. Your appointment for [Appointment Date/Time] is confirmed. Please give us a call (970) 698-9181 at to reschedule. - Berq Marketing Reply STOP to unsubscribe."

 

For promotional messages: "Hi First_Name, this is Willy from Berq Marketing. We have a special on the "Voice AI" package during January. More information is at https://berqmarketing.com. Let me know if you’d like to schedule a trial! - Berq Marketing Reply STOP to unsubscribe."

 

Message Frequency: Message frequency varies depending on your interaction with our texts and our marketing campaigns (e.g., promotional offers, appointment reminders).

 

Message and Data Rates: Message and data rates may apply. Please check with your mobile carrier for details on your plan.

 

Confirmation of Opt-In: After opting in, you will receive a confirmation message from us: "Welcome to Berq Marketing! You've successfully subscribed to receive updates & offers. Msg & data rates may apply. Msg freq varies. Reply HELP for info, STOP to opt-out."

 

How to Opt-Out: You can opt-out of receiving SMS messages from us at any time by replying "STOP" to any message you receive.

 

Confirmation of Opt-Out: After opting out, you will receive a confirmation message: "You have successfully unsubscribed from Berq Marketing messages. You will no longer receive messages. Reply START to resubscribe."

 

For Assistance: For help with our SMS program, reply "HELP" to any message or contact us at (970) 698-9181 or willy.counts@gmail.com.
No Mobile Information Shared for Marketing: No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.

 

4. How We Share Your Information

We do not sell your personal information to third parties. We may share your information in the following limited circumstances:

 

With Service Providers: We may share your information with trusted third-party service providers who perform services on our behalf, such as website hosting, data analysis, email delivery, SMS messaging (e.g., GoHighLevel), and customer support. These service providers are obligated to protect your information and use it only for the purposes for which we disclose it to them.

 

For Legal Reasons: We may disclose your information if required to do so by law, in response to a subpoena or court order, or if we believe such action is necessary to comply with legal obligations, protect our rights or property, or ensure the safety of our users or the public.

 

Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction. We will notify you via email and/or a prominent notice on our Website of any such change in ownership or control of your personal information.

 

With Your Consent: We may share your information with third parties when we have your explicit consent to do so.

 

5. Cookies and Tracking Technologies

 

We use cookies and similar tracking technologies to enhance your experience on our Website.

 

What are Cookies? Cookies are small text files placed on your device that uniquely identify your browser or device.
How We Use Them: We use essential cookies to make our Website function, analytical cookies to understand how you use our Website (e.g., via Google Analytics), and advertising cookies to deliver relevant ads.

 

Your Choices: Most web browsers are set to accept cookies by default. You can usually choose to set your browser to remove or reject browser cookies. However, please be aware that if you choose to remove or reject cookies, this could affect the availability and functionality of our Website.

 

6. Data Security

 

We are committed to protecting the security of your personal information. While we do not have specific security protocols listed, we maintain administrative, technical, and physical safeguards designed to protect against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use of personal information. We also commit to maintaining regular audits to review our security practices. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

 

7. Data Retention

 

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

 

8. Your Rights
You have certain rights regarding your personal information, which include:

Right to Access: You have the right to request a copy of the personal information we hold about you.
Right to Correction: You have the right to request that we correct any inaccurate or incomplete personal information we hold about you.
Right to Deletion: You have the right to request that we delete your personal information, subject to certain legal exceptions.
Right to Opt-Out: You have the right to opt-out of marketing communications, including email and SMS messages, at any time.
Right to Restrict Processing: You have the right to request that we restrict the processing of your personal information in certain circumstances.
Right to Data Portability: You have the right to request that we transfer your personal information to another organization or directly to you, in a structured, commonly used, and machine-readable format.
To exercise any of these rights, please contact Hilary M Counts, LLC dba BERQ Marketing at (970) 698-9181 or willy.counts@gmail.com. We will respond to your request in accordance with applicable law.

 

9. Third-Party Websites and Services

 

Our Website may contain links to third-party websites or services that are not operated by us. This Privacy Policy does not apply to such third-party websites or services. We encourage you to review the privacy policies of any third-party sites you visit. We are not responsible for the privacy practices of these third parties.

 

10. Changes to This Privacy Policy

 

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. When we make changes, we will revise the "Effective Date" at the top of this policy. We will notify you of any material changes by posting the updated policy on our Website and/or by sending you an email notification. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.

 

11. Contact Us

 

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us:

 

Hilary M Counts, LLC dba BERQ Marketing
Address: 609 Wagon Bend Rd, Berthoud CO 80513
Email: willy.counts@gmail.com
Phone: (970) 698-9181