Privacy Policy

ARCHIVED 2020-07-04, DATE APPROXIMATE · VERSION 20200704_rev01 · COMPARED WITH 20200401_rev01

Full text changes — 20200401_rev01 to 20200704_rev01

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

23	23	## 3\. Notice
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25	25	LiveChat, Inc. is responsible for the processing of Personal Data it receives under the Privacy Shield Framework and subsequently transfers to a Third Party Service Provider 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: [www.privacyshield.gov/welcome](http://www.privacyshield.gov/welcome). A list of Privacy Shield participants is maintained by the Department of Commerce and is available at: [www.privacyshield.gov/list](http://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, [www.privacyshield.gov](http://www.privacyshield.gov/) you may invoke binding arbitration when other dispute resolution (referred to below) procedures have been exhausted.
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27	27	## 4\. Questions and concerns
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29		If you have any questions or concerns, or if you wish to access, update, amend, correct or delete, any of your Personal Information we store and process, please contact us at [support@livechatinc.com](mailto:support@livechatinc.com) (or via support e-mail of the Service you use) or by postal mail at: LiveChat, Inc. Attn: Privacy Officer One International Place Suite 1400 Boston, MA 02110-2619.
	29	If you have any questions or concerns, or if you wish to access, update, amend, correct or delete, any of your Personal Information we store and process, please contact us at [support@livechatinc.com](mailto:support@livechatinc.com) (or via support e-mail of the Service you use) or by postal mail at: LiveChat, Inc. Attn: Privacy Officer 101 Arch Street, 8th Floor, Boston MA 02110, United States of America.
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31	31	## 5\. What information we collect
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33	33	1. Provided data
34	34	1. The scope and purpose of gathering and processing Personal Data and other information by LiveChat, Inc. is:
35	35	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,
43	43	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.
44	44	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.
45	45	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:
46	46	1. return a complete copy of all Customers Personal Data to the Customer,
47	47	2. and delete and procure the deletion of the Customers Personal Data Processed by the Company or any Sub-processor. The Company will comply with any such written request within 30 days, unless it is unworkable due to the purposes of processing or due to technical issues.
48	48	9. Retention of Copies. The Company may retain Customer Personal Data to the extent required by applicable European Union law or the law of an EU Member State and only to the extent and for such period as required by such laws and always provided that the Company shall ensure the confidentiality of all such Customer Personal Data and shall ensure that such Personal Data is only processed as necessary for the purpose(s) specified in such law requiring its storage and for no other purpose. The Customer agrees that after the termination or expiration of the Agreement its data may be stored as a backup for the time needed to secure (establish, investigate or defend) Customer's and Company's claims that may arise due to the performance of the Services (for the time it takes for the claims to be barred).
49		10. Data Protection Officer is Maciej Malesa LiveChat, Inc. One International Place Suite 1400 Boston, MA 02110-2619 United States of America, email: [support@livechatinc.com](mailto:support@livechatinc.com)
	49	10. Data Protection Officer is Maciej Malesa LiveChat, Inc. 101 Arch Street, 8th Floor, Boston MA 02110, United States of America, email: [support@livechatinc.com](mailto:support@livechatinc.com)
50	50	2. 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. It happens regardless you are a Visitor or a Customer.
51	51	3. Communication. 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. 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 Services. 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.
52	52	4. Customer gives LiveChat, Inc. and its affiliates a royalty-free permission to use the Customer's company name, logos and other identifying information for marketing and promotional purposes in internal or external media (including but not limited to displaying on the Company's websites) and other purposes connected with presenting up-to-date offers throughout the duration of the Agreement.
53	53	5. Third party Personal Data:
54	54	1. We allow you to provide us with third party Personal Data. We mean End-users data (your visitors/customers, people who use Services to contact you) and Agents data. The information that we may collect is first name, last name, e-mail address and other contact information. We do it in order to allow you to add Agents (persons you employ while using our software) to your account and provide services to your End-users. We will not use this information for any purpose which is not compliant with our Privacy Policy. Please be aware we process Personal Data of your End-users and Agents. We will not use this data for any purpose which is not compliant with our Privacy Policy. 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.
55	55	2. You may separately provide registration and purchasing information to websites, apps, product or service providers through which we provide access to registration for our Service. Depending on the particular promotion, when you register for the Service through such a promotional partner of ours, that partner may provide us with a user/member name that you already use with that partner's products or services or that you or it have otherwise pre-selected as part of the promotion. For example, when you use an external social network (like your Facebook account) to log in to the Service or to interact with us in another way, we may collect your name and other details from your social network profile and account (please see your social network's privacy policy or support documents for more information about their sharing of information with connected accounts). information about their sharing of information with connected accounts).
117	117	## 17\. Privacy Policy modification
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119	119	We may update this privacy statement to reflect changes to our information practices. If we make any significant 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 the website prior to the change becoming effective. We encourage you to periodically review this website for the latest information on our privacy practices.
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121	121	## 18\. Data gathering entity
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123		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.
	123	Conducting its activity, under the business name of LiveChat, Inc. with its office: 101 Arch Street, 8th Floor, Boston MA 02110, United States of America, shall be the entity gathering Personal Data and other information.
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125	125	## 19\. Commercial transactions
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127	127	LiveChat, Inc. reserves the right to use its Privacy Policy, Customer's account and provided data and information for the benefit of an entity that has become either a dependent entity, an associated entity, or has come into being as a result of merger or transformation of LiveChat, Inc.
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129	129	## 20\. Testimonials