Effective date: 5/23/2012, last edit: 11/15/2017
LiveChat, Inc. participates in and complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. LiveChat, Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles, and in particular to the Privacy Shield Principles of:
- Accountability for Onward Transfer,
- Data Integrity and Purpose Limitation,
- Recourse, Enforcement and Liability.
For purposes of this Policy the following definitions shall apply:
'Personal information (personal data)' means any information or set of information that identifies or could be used by or on behalf of LiveChat, Inc. to identify an individual, in particular name, surname, company business name, address, website address, e-mail address and credit/payment card information – referred to in Section 6 below.
'User', 'Users' or 'you' means any customer of LiveChat, Inc., who uses our products and software.
'Agent' or 'third party service provider' means any third party that collects, process and/or uses personal information under the instruction of LiveChat, Inc.
'LiveChat, Inc.' means LiveChat, Inc., its parent, subsidiary, affiliated or successor companies, divisions and groups in the United States and outside the borders of the United States.
LiveChat, Inc. is responsible for the processing of personal data it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
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. Please be aware we may disclose personal data to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also disclose personal information if it is necessary in order to prevent, investigate or take action regarding illegal activities, or as otherwise required by law.
To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield website: https://www.privacyshield.gov/welcome.
A list of Privacy Shield participants is maintained by the Department of Commerce and is available at: https://www.privacyshield.gov/list. To view our certification page, please visit the aforementioned website.
Under certain conditions, more fully described on the Privacy Shield website, https://www.privacyshield.gov/ you may invoke binding arbitration when other dispute resolution (referred to below) procedures have been exhausted.
5. Questions and concerns
If you have any questions or concerns, or if you wish to update, delete, or change any personal information we store and process, please contact us at firstname.lastname@example.org (or via support e-mail of the product you use) or by postal mail at:
Attn: Privacy Officer
One International Place
Boston, MA 02110-2619
6. What information we collect
A. Provided data
LiveChat, Inc.'s main purpose of gathering personal data and user's other information is to maintain service, ensure safe and guaranteed service performance for its users, upgrade and improve functionality of its services and products. Personal data and other user's information collected by LiveChat, Inc. is used in order to complete user registration and at the same time to ensure his access to LiveChat, Inc.'s services and products. While registering on one of our websites related to our products ( https://www.livechatinc.com/, https://www.chat.io/, https://www.botengine.ai/), we request that you provide us with such information as: name, surname, company business name, address, website address, e-mail address and credit/payment card information in the event when a user continues to use our services after free of charge trial period. Unless a user decides to use our services after free of charge trial period, credit/payment card information is not required. We also collect personal data provided by users while using our services and programs. Some of the provided user's information such as: your IP address, domain, browser type, operating system type etc. may be automatically acquired when a user visits our websites. When contacting LiveChat, Inc. the user may be requested to render accessible analogical data to those provided while registering on our website. Personal data provided in connection with the correspondence between the user and LiveChat, Inc. shall be used strictly to reply to inquiries made by the user or to transfer information. We use the information you provide us in order to provide you with customer service, allow you to view moves made by you or persons you employ while using our software.
When using the support section of our sites we may collect your e-mail address, name or openID account for the purpose of allowing contact with our support team.
When using our products and software we may collect device information such as device type, operating system type and application version. We use this information in order to provide an optimized version of our applications for your device type.
Please be aware we also collect and process data related to the use of our software and services by our users and their customers. We use such data for statistics purposes. We may use it also to improve our software or create and improve new services. We collect and process such data collectively and anonymously.
B. Geo-Location data
Please be aware LiveChat, Inc. may have access to your geo-location data as we collect and process IP address of all devices you use our software on. Collecting and processing your geo-location data refers to mobile devices as well as computers.
C. Communications from the site
We will occasionally send you push notifications in order to make you aware of any outages of service. You may opt-out of receiving these types of communications by turning off push notifications at the device level. We may also send you some e-mails from our blog (described more fully in Subsection J below). If you wish not to receive such notification you have an option to 'unsubscribe' this type of communication anytime. We will also send you notifications related to some important updates of our products. The purpose of sending you such e-mails or messages is to keep you informed of the latest improvements, features and other developments. From time to time in specific situations we may also send you some other messages, notifications or text messages.
Users who leave their contact details while accessing particular sections of our website (such as reports) might receive additional messages not described above.
D. Third party personal data
We may also collect other information (e.g., profile picture, network, username, user ID, age range, language, country) depending on your product and your privacy settings.
There are other instances where we may receive information from third parties.
- As you are using our services, you may click through certain links or promotions that will enable you to purchase products or use services provided by promotional partners or other sites or commerce providers. Some of those entities may share with us certain information that you provide to them. By clicking through to those links or promotions, you agree to allow us to receive and use any information, except for credit card information (account number, expiration date) that you may provide to such entities, under the same terms as if you provided it to us directly.
- We may purchase marketing data from third parties and add it to our existing user database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our profiles of individual customers, we may tie this information to the personally identifiable information they have provided to us.
E. Children personal data
LiveChat, Inc. shall take precautions to ensure the highest security level of all information and all personal data provided by minors using our services and products. We do not knowingly collect personal information from anyone under the age of 13. If you notice we collect and process personal data of anyone under the age 13 incorrectly, please contact us at: email@example.com (or via support e-mail of the product you use).
If you are under the age of 13, please do not submit any personal information through our websites or services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide personal information through the websites or services.
F. Using 'cookies'
The so called 'cookies' are used while using services or products rendered by LiveChat, Inc. These are pieces of information sent by the server, stored on a user's computer for the purpose of automatic identification of a particular user when using our services. 'Cookies' enable us to quickly confirm your identity and owing to them the use of our services becomes much easier and more widely available. 'Cookies' are used by LiveChat, Inc. solely with the purpose of personalizing a particular user. 'Cookies' can be used on condition that they are accepted by a browser and that they shall not be removed from the storage media. Users who removed 'cookies' from their storage media or have not accepted them on their browser may not have access to products or services rendered by LiveChat, Inc. We do not link the information we store in cookies to any personal data you submit while on our site.
G. Clear Gifs (Web Beacons/Web Bugs)
Our third party tracking utility partner employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We may tie the information gathered by clear gifs to our customers' personal data.
H. Mobile analytics
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may link the information we store within the analytics software to personal data you submit within the application.
I. Social media (features) and widgets
J. Comment system
In order to post comments on our websites (i.e. our blogs) you must sign into Facebook, Twitter, Disqus or Google, as we use 'social-media plugins' to allow users to leave comments on our blogs. No personal information is tied to your posts.
You subscribe to our blogs by providing your e-mail address. We will only use this to send you an e-mail notification when new blogs have been posted and when users comment on a blog that you previously have commented. We will not use this information for any other purpose. You have the opportunity to opt-out from our blog e-mails by using 'unsubscribe' button.
K. Facebook Connect and other OpenID providers
Depending on the product you use you may have the possibility to log in to our live chat customer support feature using sign-in services such as Facebook Connect and other OpenID providers. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and e-mail address to pre-populate our chat form. Services like Facebook Connect give you the option to post information about your activities on this website to your profile page to share with others within your network.
7. Data disclosure
LiveChat, Inc.'s main purpose of gathering personal data and users' other information is to maintain services, ensure safe and guaranteed services performance for its users, upgrade and improve functionality of its services and products. Owing to the above process we exceed our users' expectations, we provide a constant development of our products the use of which becomes much easier and more convenient. In order to ensure orderly and safety functioning our service and products we use the software of other entities providing services (described below).
We do not sell or lease, your personal data to third parties.
We will never share, sell rent or trade your registration and personal information with any marketing or promotional partners without your consent.
The following are exceptions, with respect to whom we may share your personal information:
- LiveChat, Inc. reserves the right to disclose personal data to any of our parent, subsidiary, affiliated or successor companies.
- Credit/payment card data provided by the user are disclosed solely to professional companies that conduct non-cash transactions and only to the extent necessary to effect the payments. Except for the above situations LiveChat, Inc. shall not disclose any information or personal data provided by users.
- You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, or governmental authorities may have the authority under certain circumstances to permit your information to be shared or transferred to third parties without your permission.
Personal data and other information provided by users shall not be disclosed to third parties unless the obligation to disclose the information to third parties results from the currently effective provisions of law, such as to comply with a subpoena, or similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, or if it is necessary for the LiveChat, Inc.'s security and its rights protection, including the protection against the claims submitted by the third parties. The provided user's information may be utilized in the event of breach of terms and conditions for the use of services, misuse of funds, the necessity to take action against all user's unlawful actions. LiveChat, Inc. shall transfer no information or personal data to third parties for marketing purposes.
LiveChat, Inc. reserves the right to use the provided data for the marketing purposes and other purposes connected with presenting up-to-date offer of products and services in direct contacts with the user. You may opt-out from our marketing e-mails at any time by following the unsubscribe instructions located at the bottom of each communication or by e-mailing us at firstname.lastname@example.org (or via support e-mail of the product you use).
We will always give you an opportunity to choose opt-out before your personal data is (1) disclosed to a third party (other than LiveChat, Inc.'s agent doing work at our direction, or a third party affiliated or associated with LiveChat, Inc. and connected with providing services and its current business activity), or (2) to be used for a purpose that is materially different than that for which it was originally collected or subsequently authorized by you. The only exception to this choice for personal data would be where we are required to disclose your personal data pursuant to governmental or judicial order, law or regulation to meet national security or law enforcement requirements. We will enable our users to provide individuals with reasonable mechanisms to exercise their choices. To limit the use and disclosure of your personal information, please submit a written request by e-mailing us at email@example.com (or via support e-mail of the product you use).
9. Accountability for Onward Transfer
LiveChat, Inc.'s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles.
Service providers. If we need to use third party service providers in order to provide and support the features of our services, we may share your personal information with a service provider for that purpose. Please be aware we are working with services providers and in order to guarantee proper functioning of your product we may share personal data with the said entities.
We will provide an individual opt-out or opt-in choice before we share their data with third parties other than our agents, partners, third party service providers we use while providing our services, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, please submit a written request by e-mailing us at firstname.lastname@example.org (or via support e-mail of the product you use).
Please be aware that LiveChat, Inc. may be required to disclose your personal data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
We guarantee that we take reasonable and appropriate technical and operational measures to protect your personal information we collect and hold from loss, misuse and unauthorized access, disclosure, alteration, and destruction. While protecting your personal data we take into due account the risk involved in the processing and the nature of the personal data.
11. Data Integrity and Purpose Limitation
LiveChat, Inc. will only collect and retain personal information which is relevant to the purposes for which the information is collected, and will not use it in a way that is incompatible with such purposes unless such use has been subsequently authorized by user. LiveChat, Inc. will take reasonable steps to ensure that personal information is reliable for its intended use, accurate, complete, and current. We may occasionally contact you to determine that your data is still accurate and current.
If you wish to access, amend, or confirm that LiveChat, Inc. has personal data relating to you, or if you wish to correct or delete your personal information if it is inaccurate, please notify us at: email@example.com (or via support e-mail of the product you use).
If your personal data changes, or if you no longer desire our service, you may correct, update, delete inaccuracies or request deactivation of your account by making the change within the 'my profile' section of the site or by e-mailing us at firstname.lastname@example.org (or via support e-mail of the product you use).
We will respond to your access request within 30 days.
To request removal of your personal data from our testimonials or customer support forum, please contact us at email@example.com (or via support e-mail of the product you use). In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
13. Recourse, Enforcement and Liability
Since we are committed to protecting your privacy as set forth in this Policy, if you think we are not in compliance with our Policy, or if you have any question or if you wish to take any other action concerning this Policy or your personal information, we encourage you to contact us. We will investigate your complaint, take appropriate action and report back to you within 30 days.
LiveChat, Inc. has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
These recourse mechanisms are available at no cost to you.
Under certain conditions, more fully described on the Privacy Shield website, https://www.privacyshield.gov/ if you are not satisfied with the above recourse mechanism, you may be able to invoke binding arbitration before a newly constituted Privacy Shield Panel.
From time-to-time we may provide you the opportunity to participate in a survey within our applications or via e-mail. If you participate, we may require your name and e-mail address. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information.
We allow you the option to integrate your live chat with third party add-ons. Please be aware that LiveChat, Inc. is not responsible for any information that may collected through these third party add-ons.
16. Data protection
LiveChat, Inc. applies technical safety measures of the highest standards to protect the provided personal data against loss, destruction, misuse, unauthorized access or disclosure. The used measures and technology ensure complete safety of the personal data provided by the user. The personal data is available solely to the user or to a person indicated by him provided authorized access has been granted to that person. You control who you allow access to the LiveChat app by either selecting everyone or limited IP addresses.
The security of your personal data is important to us. We follow generally accepted industry standards to protect the personal data submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
LiveChat, Inc. takes all necessary steps to update and modernize data protection system. No data transmission via the Internet, however, can guarantee 100% safety.
When you enter sensitive information (such as credit card number) on our website or within our applications, we encrypt the transmission of that information using secure socket layer technology (SSL).
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by e-mail (sent to the e-mail address specified in your 'owner's account') or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
18. Data gathering entity
Conducting its activity, under the business name of LiveChat, Inc., with its office: One International Place, Suite 1400, Boston, MA 02110, United States of America, shall be the entity gathering personal data and other information.
19. Commercial transactions
We post customer testimonials on our websites which may contain personal data. We use the 'Twitter social plugin' to display our customers' comments on our websites. In any other scenario we do obtain the customer's consent via e-mail prior to posting the testimonial to post their name along with their testimonial.
21. Community forum
Our websites may offer publicly accessible forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
22. Import Operators List
Depending on the product you use we provide you with a way to import up to 100 operators at a time by allowing you to upload an excel spreadsheet. We will only use the information to allow you to add multiple operators to your account at one time. We will send these operators a one-time e-mail inviting them to register with the site.
If these operators wish to have their e-mail address removed, they may remove the data through the application directly or contact us at firstname.lastname@example.org (or via support e-mail of the product you use).
23. Link to Other Sites
LiveChat, Inc.'s websites may contains links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites.
24. Terms and conditions of use
Using offered products and services rendered by LiveChat, Inc., the user is obliged to comply with rules contained in the terms and conditions available on our website https://www.chat.io/terms-and-conditions/.
Attn: Privacy Officer
One International Place
Boston, MA 02110-2619