LiveChat Privacy Policy changes — 20220701_rev01

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1. Provided data

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1. The purpose of gathering and processing Personal Data and other information by LiveChat, Inc. is:

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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,

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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),

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3. to secure (establish, investigate or defend) Customer's, as well as Company's claims that may arise due to the Services,

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4. to stay connected with the Customer to present an up-to-date offer of Services and instructions or tips related to the Service.

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2. Personal Data and other Customers' information collected by LiveChat, Inc. is used in order to complete registration (create an Account/License) 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 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 a free trial period, credit/payment card information is not required. We also collect other information (including Personal Data) provided by Customer while using our Services. Some of the provided information such as an 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 Customer and related to Customer's Agents (people employed to operate the Service), and End-users Personal Data provided in a Pre-chat survey. We also store the chat content. Please note that as you insert data (including Personal Data) through the Service to the system, you are fully responsible for lawfully obtaining such data in accordance with the applicable law, as well as a lawful processing of such data to LiveChat, Inc. Details of your liability for the aforementioned data you can find in Terms of Use.

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2. Personal Data and other Customers' information collected by LiveChat, Inc. is used in order to complete registration (create an Account/License) 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.com](https://www.knowledgebase.com/)), we request that you provide us with such information as first name, last name, company 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 a free trial period, credit/payment card information is not required. We also collect other information (including Personal Data) provided by Customer while using our Services. Some of the provided information such as an 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 Customer and related to Customer's Agents (people employed to operate the Service), and End-users Personal Data provided in a Pre-chat survey. We also store the chat content. Please note that as you insert data (including Personal Data) through the Service to the system, you are fully responsible for lawfully obtaining such data in accordance with the applicable law, as well as a lawful processing of such data to LiveChat, Inc. Details of your liability for the aforementioned data you can find in Terms of Use.

44

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 (including Personal Data) in order to provide you with customer service, allowing you to view moves made by you or your Agents. When using the support section of our websites we may collect the email address, name or openID account for the purpose of allowing contact with our support team. We do it regardless if you are a Visitor, End-User 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 (End-Users). We use such data for statistics purposes. We may use it also to improve our Services or to create and improve new services. We collect and process such data collectively and anonymously.

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4. Categories of data subjects. Data subjects include Customers, Customer's representatives and End-Users, as well as employees, Agents, contractors, collaborators. 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's Service.

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5. Types of Personal Data. The Personal Data processed by the Company 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 to the system in the context of the Services.

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6. Consent for processing and transferring Personal Data. The Customer hereby agrees and warrants that the processing, including the transfer of its Personal Data (including the Personal Data provided to the Company's system through the Customer's Account), 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 Member State.

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7. Profiling Personal Data. By using our Services the Customer gives its consent to the profiling of Personal Data that was given to the Provider, for the purpose of proper maintenance and providing the Service to the Customer. The Customer agrees that the profiling of the Personal Data shall serve, in particular, the purpose of providing the Customer with content that is accurate and consistent with the scope of the Service used by the Customer. The Customer acknowledges that it has the right not to be profiled. In such cases the request can be made at any time at [support@livechat.com](mailto:support@livechat.com). The Parties undertake reasonable steps and efforts to eliminate profiling however in case of withdrawing the consent, the Customer is aware and acknowledges that it is tantamount to the lack of possibility to provide the Services. Withdrawing the consent is tantamount to the termination of the Agreement.

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8. Data profiling consists, among others, in:

1	1	Please review our Privacy Policy which, along with the [Terms of Use](https://www.livechat.com/legal/terms-of-use/), constitutes the Agreement between you and LiveChat, Inc. The Privacy Policy describes how we collect and handle information that the Company gathers on or through the Services or its websites. By visiting our websites, accessing or using the Service, including browsing the website, and all other communications means with us such as email or phone or our chat widget, the user expressly consents to the collection, use, storage, processing, and disclosure of its information in accordance with our Privacy Policy. For purposes of this Privacy Policy, unless otherwise defined herein, capitalized terms used in this Privacy Policy shall have the same meaning as defined in the Terms of Use.
2	2
3	3	## 1\. Introduction
4	4
5		LiveChat, Inc. Privacy Policy contains information about collecting Customers, Visitors and other data subjects (such as Agents or/and End-users) Personal Data and other information, 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, End-Users 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 applications is of highest security standards.
	5	LiveChat, Inc. Privacy Policy contains information about collecting Customers, Visitors and other data subjects (such as Agents or/and End-users) Personal Data and other information, 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, End-Users 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.com](https://www.knowledgebase.com/) and applications are processed. Due to the implementation of comprehensive security regulations, Personal Data provided by our Services, websites and applications is of highest security standards.
6	6
7	7	LiveChat, Inc. complies with the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation - GDPR). We are as well committed to subjecting all Personal Data received (as well as from European Union (EU) member countries, EEA (European Economic Area) and Switzerland, in reliance on the GDPR as mentioned above. To learn more about LiveChat, Inc.'s GDPR compliance please visit [https://www.livechat.com/legal/gdpr-faq/](https://www.livechat.com/legal/gdpr-faq/).
8	8
9	9	Notwithstanding the ruling of the Court of Justice of the European Union issued on July 16, 2020 regarding the recognition of the EU-U.S. Privacy Shield as an inadequate mechanism for the transfers of data to the United States, LiveChat, Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission and remains committed to comply with the Privacy Shield Framework requirements, enforceable under the U.S. that does not relieve participants in the EU-U.S. Privacy Shield program of their obligations under the EU-U.S. Privacy Shield Framework and 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 to the United States and Switzerland in particular to the Privacy Shield Principles of:
10	10
11	11	1. Notice,
37	37	1. Provided data
38	38	1. The purpose of gathering and processing Personal Data and other information by LiveChat, Inc. is:
39	39	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,
40	40	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),
41	41	3. to secure (establish, investigate or defend) Customer's, as well as Company's claims that may arise due to the Services,
42	42	4. to stay connected with the Customer to present an up-to-date offer of Services and instructions or tips related to the Service.
43		2. Personal Data and other Customers' information collected by LiveChat, Inc. is used in order to complete registration (create an Account/License) 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 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 a free trial period, credit/payment card information is not required. We also collect other information (including Personal Data) provided by Customer while using our Services. Some of the provided information such as an 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 Customer and related to Customer's Agents (people employed to operate the Service), and End-users Personal Data provided in a Pre-chat survey. We also store the chat content. Please note that as you insert data (including Personal Data) through the Service to the system, you are fully responsible for lawfully obtaining such data in accordance with the applicable law, as well as a lawful processing of such data to LiveChat, Inc. Details of your liability for the aforementioned data you can find in Terms of Use.
	43	2. Personal Data and other Customers' information collected by LiveChat, Inc. is used in order to complete registration (create an Account/License) 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.com](https://www.knowledgebase.com/)), we request that you provide us with such information as first name, last name, company 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 a free trial period, credit/payment card information is not required. We also collect other information (including Personal Data) provided by Customer while using our Services. Some of the provided information such as an 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 Customer and related to Customer's Agents (people employed to operate the Service), and End-users Personal Data provided in a Pre-chat survey. We also store the chat content. Please note that as you insert data (including Personal Data) through the Service to the system, you are fully responsible for lawfully obtaining such data in accordance with the applicable law, as well as a lawful processing of such data to LiveChat, Inc. Details of your liability for the aforementioned data you can find in Terms of Use.
44	44	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 (including Personal Data) in order to provide you with customer service, allowing you to view moves made by you or your Agents. When using the support section of our websites we may collect the email address, name or openID account for the purpose of allowing contact with our support team. We do it regardless if you are a Visitor, End-User 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 (End-Users). We use such data for statistics purposes. We may use it also to improve our Services or to create and improve new services. We collect and process such data collectively and anonymously.
45	45	4. Categories of data subjects. Data subjects include Customers, Customer's representatives and End-Users, as well as employees, Agents, contractors, collaborators. 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's Service.
46	46	5. Types of Personal Data. The Personal Data processed by the Company 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 to the system in the context of the Services.
47	47	6. Consent for processing and transferring Personal Data. The Customer hereby agrees and warrants that the processing, including the transfer of its Personal Data (including the Personal Data provided to the Company's system through the Customer's Account), 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 Member State.
48	48	7. Profiling Personal Data. By using our Services the Customer gives its consent to the profiling of Personal Data that was given to the Provider, for the purpose of proper maintenance and providing the Service to the Customer. The Customer agrees that the profiling of the Personal Data shall serve, in particular, the purpose of providing the Customer with content that is accurate and consistent with the scope of the Service used by the Customer. The Customer acknowledges that it has the right not to be profiled. In such cases the request can be made at any time at [support@livechat.com](mailto:support@livechat.com). The Parties undertake reasonable steps and efforts to eliminate profiling however in case of withdrawing the consent, the Customer is aware and acknowledges that it is tantamount to the lack of possibility to provide the Services. Withdrawing the consent is tantamount to the termination of the Agreement.
49	49	8. Data profiling consists, among others, in:

Privacy Policy

Full text changes — 20220501_rev01 to 20220701_rev01