Privacy Policy

ARCHIVED 2020-04-01, DATE APPROXIMATE · VERSION 20200401_rev01 · COMPARED WITH 20200324_rev01

Full text changes — 20200324_rev01 to 20200401_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

11Please review our Privacy Policy which, along with the [Terms and Conditions](https://www.livechat.com/legal/terms-and-conditions/), constitutes the Agreement between you and LiveChat, Inc. The Privacy Policy describes how we collect and handle any information gathered from users of the Services. By accessing or using the Service, including browsing the site, you expressly consent to the collection, use, storage, processing, and disclosure of your information in accordance with our Privacy Policy. For purposes of this Policy, unless otherwise defined herein, capitalized terms used in this Policy shall have the same meaning as defined in the Terms and Conditions.
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33## 1\. Introduction
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5LiveChat, Inc. Privacy Policy contains information about collecting Customers, Visitors and other data subjects (like Agents or End-users) Personal Data and other information, products and Services offered or performed by LiveChat, Inc. and the manner of its processing. We respect the right to privacy of our software users and take reasonable steps for the Visitors and Customers to be familiar with the manner in which rendered accessible information via the following websites [www.livechat.com](http://www.livechat.com/), [www.helpdesk.com](http://www.helpdesk.com/), [www.chatbot.com](http://www.chatbot.com/) and [www.knowledgebase.ai](http://www.knowledgebase.ai/) and applications are processed. Due to the implementation of comprehensive security regulations, Personal Data provided by our Services, websites and application is of highest security standards. The acceptance of the Terms and Conditions for the use of any LiveChat, Inc. Services or deciding on using or purchasing any Service offered by LiveChat, Inc. means accepting LiveChat, Inc. Privacy Policy.
5LiveChat, Inc. Privacy Policy contains information about collecting Customers, Visitors and other data subjects (like Agents or End-users) Personal Data and other information, products and Services offered or performed by LiveChat, Inc. and the manner of its processing. We respect the right to privacy of our software users and take reasonable steps for the Visitors and Customers to be familiar with the manner in which rendered accessible information via the following websites [www.livechat.com](https://www.livechat.com/), [www.helpdesk.com](https://www.helpdesk.com/), [www.chatbot.com](https://www.chatbot.com/) and [www.knowledgebase.ai](https://www.knowledgebase.ai/) and applications are processed. Due to the implementation of comprehensive security regulations, Personal Data provided by our Services, websites and application is of highest security standards. The acceptance of the Terms and Conditions for the use of any LiveChat, Inc. Services or deciding on using or purchasing any Service offered by LiveChat, Inc. means accepting LiveChat, Inc. Privacy Policy.
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77LiveChat, 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:
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991. Notice,
10102. Choice,
11113. Accountability for Onward Transfer,
12124. Security,
13135. Data Integrity and Purpose Limitation,
14146. Access,
15157. Recourse, Enforcement and Liability.
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17Therefore, we are committed to subjecting all Personal Data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Framework, to the Framework's applicable Principles, as mentioned above. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit [www.privacyshield.gov](http://www.privacyshield.gov/).
17Therefore, we are committed to subjecting all Personal Data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Framework, to the Framework's applicable Principles, as mentioned above. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit [www.privacyshield.gov](https://www.privacyshield.gov/).
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1919## 2\. Scope
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2121This Privacy Policy is effective to all information collected by LiveChat, Inc. from which an individual can be identified (Personal Information/Personal Data). This Privacy Policy also applies to all Personal Data received by LiveChat, Inc. in the United States from EEA (European Economic Area) and Switzerland.
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2323## 3\. Notice
33331. Provided data
3434 1. The scope and purpose of gathering and processing Personal Data and other information by LiveChat, Inc. is:
3535 1. to provide, maintain and facilitate the Services as well as to ensure safe and guaranteed Service performance, upgrade and improve the functionality of the Services,
3636 2. to provide Customer with access to its Personal Data and maintain this access via standard API methods for the duration of paid usage of Services (active subscription) as well as after the subscription is expired (inactive subscription), until the Service is fully terminated by a written request (in accordance with the Agreement),
3737 3. to secure (establish, investigate or defend) Customer's, as well as Company's claims that may arise due to the Services,
3838 4. to stay connected with the Customer to present up-to-date offer of Services and instructions or tips related to the Service.
39 2. Personal Data and other Customers information collected by LiveChat, Inc. is used in order to complete registration (create an account) and at the same time to ensure Customers access to LiveChat, Inc.'s Services. While registering on one of our websites related to our Services ([www.livechat.com](http://www.livechat.com/), [www.helpdesk.com](http://www.helpdesk.com/), [www.chatbot.com](http://www.chatbot.com/) and [www.knowledgebase.ai](http://www.knowledgebase.ai/)), we request that you provide us with such information as first name, last name, company business name, address, website address, e-mail address and credit/payment card information in the event when a Customer continues to use our Services after free of charge trial period. Unless the Customer decides to use our Services after free of charge trial period, credit/payment card information is not required. We also collect other information provided by Customer while using our Services. Some of the provided Customers 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 Customer may be requested to render accessible analogical data to those provided while registering on our website. We may also collect information (including Personal Data) provided by you and related to your Agents (people you employee to operate the Service) and End-users Personal Data provided in a Pre-chat survey. We also store your chat content. Please note you are fully responsible for lawfully obtaining such data in accordance with the applicable law, as well as a lawful processing such data to LiveChat, Inc. Details of your liability for the aforementioned data you can find in Terms and Conditions.
39 2. Personal Data and other Customers information collected by LiveChat, Inc. is used in order to complete registration (create an account) and at the same time to ensure Customers access to LiveChat, Inc.'s Services. While registering on one of our websites related to our Services ([www.livechat.com](https://www.livechat.com/), [www.helpdesk.com](https://www.helpdesk.com/), [www.chatbot.com](https://www.chatbot.com/) and [www.knowledgebase.ai](https://www.knowledgebase.ai/)), we request that you provide us with such information as first name, last name, company business name, address, website address, e-mail address and credit/payment card information in the event when a Customer continues to use our Services after free of charge trial period. Unless the Customer decides to use our Services after free of charge trial period, credit/payment card information is not required. We also collect other information provided by Customer while using our Services. Some of the provided Customers 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 Customer may be requested to render accessible analogical data to those provided while registering on our website. We may also collect information (including Personal Data) provided by you and related to your Agents (people you employee to operate the Service) and End-users Personal Data provided in a Pre-chat survey. We also store your chat content. Please note you are fully responsible for lawfully obtaining such data in accordance with the applicable law, as well as a lawful processing such data to LiveChat, Inc. Details of your liability for the aforementioned data you can find in Terms and Conditions.
4040 3. Personal Data provided in connection with the correspondence between the Customer or Visitor and LiveChat, Inc. shall be used strictly to reply to inquiries 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 your Agents. 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. We do it regardless you are a Visitor or a Customer. When using our Services 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 Customers and their customers. We use such data for statistics purposes. We may use it also to improve our Services or create and improve new services. We collect and process such data collectively and anonymously.
4141 4. Categories of data subjects. Data subjects include Customer, Customer's representatives and End-users, as well as employees, Agents, contractors, collaborators, and Customer's clients. Data subjects may also include individuals attempting to communicate or transfer personal information to Customers. The data subjects exclusively determine the content of data submitted to the Company.
4242 5. Types of Customer Personal Data. The proceeded personal data includes email address, first name and last name, address, title, contact details, username, chat history, financial information (credit card details, account details, payment information); employment details (employer, job title) and other data in an electronic form provided in the context of the Services.
4343 6. Consent for processing and transferring Personal Data. The Customer agrees and warrants that the processing, including the transfer of its Personal Data has been and will continue to be carried out in accordance with the relevant provisions of the applicable Data Protection Laws (and, where applicable, has been notified to the relevant authorities of the Member State where the Company is established or has its representative) and does not violate the relevant provisions of that State.
4444 7. Profiling Personal Data. Please note that by using our Services Customer gives its consent to the profiling of its Personal Data that was given to the Company, for the purpose of proper maintenance and providing the Service and other specified in a Privacy Policy. Customer agrees that the profiling of its data shall serve, in particular, the purpose of providing Customer with content that is accurate and consistent with the scope of the Service. Customer acknowledges that it has the right not to be profiled. In such case the request can be made at any time at [support@livechatinc.com](mailto:support@livechatinc.com). Withdrawing the consent is tantamount to the termination of the Agreement.
4545 8. Return or destruction of Personal Data. At Customer's election, made by written request to the Company, the Company will, and shall procure that all Sub-processors:
9797## 12\. Access
9898
9999Each data subject has the right to access, correct, amend, block or delete its Personal Data. The Company shall comply with any commercially reasonable request by Customer to correct, amend, block or delete Customer's Personal Data, as required by Data Protection Laws, to the extent the Company is legally permitted to do so. 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 [support@livechatinc.com](mailto:support@livechatinc.com) (or via support e-mail of the Service you use). If your Personal Data changes, or if you no longer desire our Services, 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 [support@livechatinc.com](mailto:support@livechatinc.com) (or via support e-mail of the Service you use). We will respond to your access request within 14 days. To request removal of your personal data from our testimonials or customer support forum, please contact us at [support@livechatinc.com](mailto:support@livechatinc.com) (or via support e-mail of the Service 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.
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101101## 13\. Recourse, Enforcement and Liability
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103Since we are committed to protecting your privacy as set forth in this Policy, 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 questions 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 14 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/](http://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, [www.privacyshield.gov](http://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.
103Since we are committed to protecting your privacy as set forth in this Policy, 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 questions 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 14 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/](https://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, [www.privacyshield.gov](https://www.privacyshield.gov/welcome) 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.
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105105## 14\. Surveys
106106
107107From 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.
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109109## 15\. Add-ons