Privacy Policy

ARCHIVED 2024-01-02, DATE APPROXIMATE · VERSION 20240102_rev01 · COMPARED WITH 20231202_rev01

Full text changes — 20231202_rev01 to 20240102_rev01

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

 Our Privacy Policy applies to all interactions you may have with LiveChat and is intended to help you understand our practices concerning the collection, use, and disclosure of information. We retain the right to amend or update this Privacy Policy at any time. The updated version will be indicated by an updated "Last update" date, and the updated version will take effect immediately as soon as it is accessible.
 **Please note:** It is vital to read and understand our Privacy Policy. By engaging in any form of communication with LiveChat, you acknowledge you have read and understood this Privacy Policy. Should you disagree with our policy, we kindly ask you not to interact with any aspect of our business.
 For the purposes of this Privacy Policy, all capitalized terms used but not defined herein shall have their respective meanings in the [Terms of Use](https://www.livechat.com/legal/terms-of-use/).
+## **1\. Your Global Privacy Rights**
+Legal stuff made easy
+Your privacy is important to us. We're committed to protecting your data and being transparent about how We handle it. Our Privacy Policy covers all your interactions with us and is designed to help you understand how We collect, use, and share information. When you communicate with us in any way, you acknowledge that you've read and understood this Policy. If you disagree with any part of it, you should not interact with Us.
+## 1\. Your Global Privacy Rights
 .1. No matter where you live, where you reside, where your citizenship lies, or where your data originates from, your interactions with LiveChat are governed by this Privacy Policy and you agree to the data practices described in this policy.
+## **2\. Data We Handle**
+## 2\. Data We Handle
 .1. Scope of Engagements. Information collection and processing occur through various interactions, including but not limited to: (i) Customers using our services via different platforms, e.g. Website, [Marketplace](https://www.livechat.com/legal/for-marketplace/), [Developer Program](https://platform.text.com/developer-terms), [Partner Program](https://www.livechat.com/legal/for-partners/), Services API, or any other products, or services We offer (collectively referred to as "Services"), or (ii) Non-Customers connecting with us outside service agreements, like (a) Visitor visiting/navigating our online website (website URL) operated by us ("Website") or otherwise communicating with us through various communication channels in whatever form, including but not limited to social media channels, phone/e-mail, the chat window on our Website, or giving feedback and making inquiries or signing up for our marketing communication or our newsletters, and (b) Participant attending events We host. All these interactions are referred to as "Engagements'' within this policy irrespective of the depth or nature of your association with us.
 .2. Roles in Data Handling. This policy applies uniformly to all engagement types, whether you're just a casual Visitor, a paying Customer, a prospect, or an event Participant. Depending on the Engagements you use, our role in processing your data might be as: (i) a data processor, under an Agreement with you, when you control the information We process, or (ii) a data controller handling Personal Data collected during your interaction with us independently of the Agreement.
 .3. Grounds for Processing. When acting as a data controller, signifying that We have authority over the reasons and methods behind processing your Personal Data, We rely on various legal bases for processing your data. These include: (i) Your request: to fulfill our commitments to you and to respond to your requests, (ii) Legal Compliance: to adhere to our legal obligations, (iii) Your Consent, and (iii) Legitimate Interests: such as providing you with our Engagements functionality (e.g. Website, chat window), supporting their continuous improvement, operational management, understanding its use, maintaining the reliability of our systems and related technologies and other customer service and support purposes. In such scenarios, We consistently strike a balance between our interests and your privacy rights. As a data processor, our relationship is governed by the Agreement with you, which sets out our respective obligations and rights.
 . _Inferences:_ Profiles created based on your data reflecting your interests, characteristics, preferences, and demographics.
 Some of this information comes from third-party sources (e.g. cookies, web beacons, and other tracking technologies) to help us serve relevant ads and other services to you, as explained further herein. Note that our Privacy Policy does not apply to any third-party sources, their products, or sites that may be displayed to you, or other sites linked to or from our Engagements. Additionally, our Privacy Policy does not address the practices of other entities who advertise our Engagements, and who may use tracking technologies (like cookies, pixel tags and other technologies) to provide and personalize ads, and you should refer to their respective privacy policies for more.
 .5. Sensitive data Caution. When using our Engagements, avoid sharing (or having us send) any sensitive data (like genetic data, biometric data, or health data, as defined by applicable data protection laws and regulations). You acknowledge that We bear no liability whatsoever for such data you provided to us, whether in connection with a data breach or otherwise.
+## 3\. **How we process your information**
+Legal stuff made easy
+. How We Collect Data:
+    We collect and process information through various interactions, whether you're using our Services, visiting our Website, or attending events. We call these interactions "Engagements" in this policy.
+. Our Role:
+    We might handle your data in different ways, depending on how you interact with us. Sometimes, We control your data; other times, We process it based on a contractual relationship with you.
+. Why We Process Your Data:
+    We use your data to provide our Services, fulfil a request you've made, comply with the law, follow your instructions, operate with your consent, or use the data in ways that help us provide and improve our Services, all while respecting your privacy.
+. What Data We Collect:
+    We collect and process your information, including Personal and Non-Personal data, based on your interactions and choices. Sources include what you share, our systems, and third-party sources. This can include your name, last name, contact details, what you subscribe to, your online activities on our Website, your device details, location, and any opinions or preferences you share.
+. Data from Other Sources:
+    We also get data from cookies and similar tech tools, which help us show you relevant ads and improve our Services or your customer experience. Remember, our policy doesn't cover third-party sites or ads.
+. Be Careful with Sensitive Data:
+    Please avoid sharing sensitive information while using our Engagements (like health or biometric data) with us. We are not liable for such data.
+## 3\. How we process your information
 .1. Processing Purposes. As long as We process your information, including your Personal Data, We will continue to do so for the following purposes:
 . _Service Delivery and Enhancement:_ To provide, maintain, operate, and improve the Services, Services API, Partner Program, our Website, chat window and related technologies including collecting and analyzing statistical information about you and your interactions with our said services. This includes: (i) facilitating effective service delivery, (ii) continuously improving the said services and our related technologies, as well as monitoring their performance, (iii) researching, developing, and innovating new services, products, features and related technologies, (iv) providing testing, training, machine learning capabilities, (v) providing customer support services, resolving issues, and requests for assistance, (vi) enabling Partners and Developers to access Customer Personal Data during its authorized processing, (vii) as otherwise provided in our Agreements with you.
 . _Safety and Security:_ To ensure and improve security of the Engagements and related technologies, preventing frauds and abuses; monitoring the performance of the Engagements, retaining data for backup and disaster recovery purposes, debugging as well as detecting fraudulent, illegal, and malicious activities.
 .18. Community, Forum and Testimonials. We may post Customers' testimonials on our Website which may contain Personal Data. We use the 'Twitter social plugin' to display our Customers' comments on our Website. In any other scenario, We do obtain the Customer's consent prior to posting the testimonial to post their names along with their testimonials. In addition, our Website may also offer publicly accessible forums. Please be aware that any information provided in these areas may be read, collected, and used by others who access them.
 .19. Surveys and Feedback. We may provide you with the opportunity to participate in a survey or feedback in variuos forms and via different channels about our Engagements, which We may use, share and commercialize in any way and for any purpose, without charge. If you participate, We may require your name, last name, email address or other data. Participation in these surveys is completely voluntary and you, therefore, have a choice whether or not to disclose this information.
 .20. Third-Party Login Services. Facebook Connect and other OpenID providers. Depending on the Services you use, you may have the possibility to log in by using sign-in services such as Facebook Connect and other OpenID providers. These services will authenticate your identity and provide you with the option to share certain Personal Data with us, such as your name and email address to pre-populate our chat form and give you the option to post information about your activities on them to your profile page to share with others within your network.
+Legal stuff made easy
+. Why We Process Your Data: We use your information, including personal details, to:
+. Provide and improve our Services, Website, Chat Widget and apps to keep them running smoothly and securely. This includes using your data for Services' operation, innovation, security, legal reasons, and marketing. We may also anonymize or aggregate your data for research.
+. Profiling and Advertising: We use your data to show you relevant information, ads and to keep you in the loop with our latest offers! You can opt out of this by contacting us.
+. You can be sure data processing complies with relevant data privacy laws. If you're handling personal data using our Services, make sure you're also playing by the rules - getting all the necessary legal basis such as consent, and keeping the data in check, since you share with us data of the people operating your Account and End-Users.
+. Your data, your rules! Want to change or remove your personal info? Just let us know, and We'll help you manage it.
+. Saying goodbye? Upon request, We'll delete your personal data, unless it's needed for the purposes We've told you about or We run into technical snags.
 LiveChat respects your privacy and is committed to safeguarding the data you entrust with us. We neither share, sell, rent, trade or otherwise transfer your Personal Data to unrelated third parties, except as necessary to provide you with services you've requested, comply with the law, and other certain situations, as elaborated below:
 .1. Affiliates. LiveChat, Inc. retains the right to share your Personal Data with our parent, subsidiary, affiliated or successor companies. The protections of this policy apply to the information We disclose in these circumstances. If our company merges or its assets or operations are transferred, the involved entities will handle your Personal Data according to this Privacy Policy. We will notify you if any of these events occur by updating this Privacy Policy and, when feasible, through other methods.
 .2. Service Providers and Sub-Processors. LiveChat, Inc. holds the right to disclose and you hereby agree to the disclosure and transfer of your Personal Data and other information related to you to our authorized, trusted service providers to carry out specific business activities, e.g. hosting, credit card processing, security, customer/support services, conducting research and analysis, cloud computing, marketing and other related services. On your request, We can provide you with a list of entities which may have access to your Personal Data. Only necessary information is shared, and these providers are bound by confidentiality and security measures.
 .3. Third-party Integration. Integrating our Services within any Third Party Services (like add-ons or third-party site/applications and other online services provided by third parties) results in data sharing with these third party providers. You are responsible for your use of Third Party Services provided by third parties and for the amount of information (including Personal Data) you choose to share with them (for example, when you integrate the Services with third party Supporting Applications listed on our Marketplace). Please be aware that LiveChat, Inc. is not responsible for any information or Personal Data that may be collected through any of such Third Party Services. Their policies and procedures are beyond our control. This Privacy Policy does not cover how Third Party Services handle any of your information and We advise you to review their terms before integration.
 .4. External Links. Our Services may direct you to external sites or services maintained by third parties, whose privacy practices may differ from ours. Though We may link to them, We don't control their content or privacy practices and have no responsible for, the privacy practices of such other sites run by other entities. We recommend reviewing their privacy policies when you visit external sites. Our policy pertains solely to information collected by LiveChat, Inc. and does not extend to your interactions with other sites or services.
 .5. Disclosure to Public Authorities and Law Enforcement. LiveChat, Inc. may be required to disclose Personal Data and other information in response to lawful requests from public authorities, including for national security or law enforcement purposes; when complying with legal processes like subpoenas, government requests, court orders or government requests; to establish or exercise our legal rights or defend against legal claims; to uphold or defend our legal rights, ensure your safety or the safety of others, take action regarding any illegal activities or investigate potential fraud. Note that courts of equity, such as U.S. Bankruptcy Courts, or governmental authorities may, under certain circumstances, permit your Personal Data and other information to be shared or transferred to third parties (other than described above) without your permission. We reserve the right to disclose your data, including Personal Data, in response to legal requests, to comply with applicable laws or to prevent harm without notification to you (in particular, in situations where you breach the Agreement, misuse funds, or undertake other unlawful actions against us or others or in the event of your fraudulent or illegal activity while interacting with us or using the Engagements). Such disclosures are based on our Agreement with you or our legitimate interest in protecting our legal rights and those of others, compliance with legal obligations and our legitimate interest in fulfilling legal obligations imposed by legal authorities.
+## 5\. **How we secure your information and how long do we keep your information**
+Legal stuff made easy
+You should know our promise: We take your privacy seriously.
+We may share your data with our affiliated companies or during mergers, following this Privacy Policy. You'll be notified of such significant changes.
+We share necessary data with trusted service providers, ensuring confidentiality and security. They're also committed to keeping your info safe.
+In certain situations, when integrating with Third Party Services, you control the data you share. We may also share your data with external sites that you visit. We do not have control over Third Party Services or external sites; please review their terms and privacy policies.
+We may also disclose data to comply with legal requests, protect rights and safety, or investigate fraud without prior notification in certain cases.
+## 5\. How we secure your information and how long do we keep your information
 .1. Security. LiveChat, Inc. will take reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current. We use appropriate technical and organizational measures to protect the Personal Data that We collect and process about you against loss, misuse and unauthorized access, disclosure, alteration, and destruction. While processing Personal Data We take into due account the risk involved in the processing and the nature of the Personal Data. While we implement safeguards designed to protect your information, We cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. We cannot and do not guarantee or warrant the security of your Personal Data or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and We make no warranty, express, implied or otherwise, that We will prevent such access, and We are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, We will notify you of any such loss, misuse or alteration of Personal Data that may affect you so that you can take the appropriate actions. We also may occasionally contact you to determine that your Personal Data is still accurate and current.
 .2. Retention. We will only collect and retain your data which is relevant to the purposes for which it is collected, subsequently authorized by you, or if otherwise permitted by law or by the Agreement. This means that We retain your data for only as long as it is necessary to achieve the purposes for which it was collected and limit the storage period to the minimum necessary, unless a longer retention period is required or permitted by law, or the Agreement. When We retain information for the improvement and development of our Engagements or new products/features, We take steps to eliminate information that directly identifies you, and We only use the information to uncover collective insights about the use of our Engagements, not to specifically analyze personal characteristics about you.
+## 6\. **Data transfer compliance**
+Legal stuff made easy
+We work hard to make sure your personal information is kept safe and accurate. We use various methods to protect your data from being lost, misused, or accessed without permission.
+Even though We have protections in place, we can't guarantee total safety, especially online, from intrusion by others and We can't promise your data is 100% invincible. If someone does get unauthorized access, and it affects data subjects, We'll let you know ASAP so you can take action, if needed. This is why you should also take standard precautions protecting your data, your credentials and access to the Account. We'll notify you of significant data breaches as required.
+We only keep the information that's needed for its original purpose, what you've allowed us to use it for, or what the law or our Agreement with you permits. We won't hold onto it any longer than necessary, unless there are legal or contract reasons to do so. When We use your data to improve our Services or develop new ones, we remove any details that can directly identify you. We focus on general trends, not individual details about you.
+Speaking about retention, We keep data only as needed, following your authorization or legal requirements.
+## 6\. Data transfer compliance
 LiveChat, Inc. operates globally, which means your data may be processed outside of your country. We take careful steps to legally transfer data across borders and ensure that your data receives suitable protection regardless of geography. We may need to transfer your Personal Data to our authorized partners outside of your jurisdiction, including outside the European Economic Area (EEA), USA, the United Kingdom, and in countries that are not subject to an adequacy decision by the European Commission and that may not provide for the same level of data protection as your jurisdiction.
 We will only transfer data to our authorized partners who need the information in order to provide services to or perform some activities and only for a purpose consistent with this Privacy Policy or the Agreement. In each case, we take care to use appropriate safeguards to ensure your personal data remains protected. The safeguards we use are the European Commission-approved Standard Contractual Clauses, the UK International Data Transfer Addendum, Data Privacy Framework and other appropriate legal mechanisms.
 We will not transfer your Personal Data originating in the EU, UK or Switzerland to them unless We ensure such authorized partner is obliged to provide appropriate level of privacy protection to your Personal Data as required by the Principles of the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. DPF or the Swiss-U.S. Data Privacy Framework and Regulation (EU) 2016⁄679 of the European Parliament and of the Council of 27 April 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 (General Data Protection Regulation).
+## 7\. **Processing jurisdiction-specifics**
+Legal stuff made easy
+LiveChat operates globally, and your data may be processed outside your country. We ensure data transfer across borders complies with legal requirements. Your data may be transferred to our authorized partners outside your jurisdiction, including non-EU, non-UK, and non-Swiss countries.
+We make sure that when We move your data to other countries, it's still protected no matter where it's processed. We use the SCCs approved by the European Commission, Data Privacy Framework and other measures. This includes sending your data to places outside the European Economic Area (EEA), the USA, and the UK, even countries with different data protection laws.
+We won't transfer your EU, UK, or Swiss-originated Personal Data without being sure our authorized partners provide the required level of privacy protection as mandated by the EU-U.S. Data Privacy Framework, UK Extension, Swiss-U.S. Data Privacy Framework, and GDPR.
+## 7\. Processing jurisdiction-specifics
 .1. GDPR regulation. LiveChat, Inc. complies with 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 (commonly known as The General Data Protection Regulation - GDPR). As such, We are responsible for the processing of Personal Data We receive under this Privacy Policy regarding providing the Service and subsequently transferring this data to its authorized partners. Furthermore, We also enable our users to remain in compliance with the GDPR, including the transfers of Personal Data from the EU, EEA and Switzerland.
 .2. UK GDPR. In addition to our GDPR compliance, LiveChat, Inc. acknowledges and respects the distinct data protection regulations within the United Kingdom. We are committed to safeguarding your privacy while adhering to the Data Protection Act 2018, which encompasses the UK General Data Protection Regulation (UK GDPR). Our activities related to data processing are aligned meticulously with the principles and stipulations of the UK GDPR.
 .3. CCPA/CPRA. For residents of California, We acknowledge the protections granted by the Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). They give you certain rights over your personal information, such as the right to (i) Get a copy of personal information We hold about you, (ii) Correct any inaccurate personal information and have your personal information deleted if you believe any of your personal information is inaccurate or incomplete,(iii) While We don't sell you personal information to third parties for financial gains, We do share personal information with our advertising partners to deliver targeted ads. You have the right to opt out of this sharing. If you want to opt out of sharing your information through cookies, see our [Cookies Policy](https://www.livechat.com/legal/cookies-policy/) for more information. Our practices and methods of processing Personal Data described in this policy apply accordingly to all Personal Information (as the term is defined under CCPA/CPRA) We collect and process. We disclose the categories of Personal Information as outlined in points 1-5 of Section 2 "Information we process" to third-party service providers and other entities as described in the Agreement for business purposes, e.g. web hosting, payment processing, and marketing.
 Please note that We may need to verify your identity and place of residence before completing your rights request at this point.
 If you are a Customer subjected to CCPA/CPRA, and you may need to sign a CCPA/CPRA Addendum to our Agreement please contact [support@livechat.com](mailto:support@livechat.com).
+## 8\. **Notice**
+Legal stuff made easy
+Remember, depending on where you are, different rules might apply to how We handle your data, but We always aim to keep it safe and respect your rights:
+- We follow a set of rules called GDPR, which is all about protecting your personal info if you live in Europe or are an European citizen.
+- For UK residents, we respect the UK's own data protection laws, called UK GDPR, which is part of the Data Protection Act 2018, to protect your privacy.
+- If you're from California, We process your personal data under the CCPA and CPRA.
+We don't sell your data but, We do share it with trusted partners to show you ads. If you want out, check our Cookies Policy.
+## 8\. Notice
 .1. In compliance with the EU-US Data Privacy Framework Principles, LiveChat, Inc., commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF Principles. European Union, Swiss and United Kingdom individuals with DPF inquiries or complaints should first contact: [support@livechat.com](mailto:support@livechat.com).
 LiveChat, Inc., has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated by BBB National Programs. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, please visit the following [website](https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers) for more information and to file a complaint. This service is provided free of charge to you.
 If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. To learn more, click [here.](https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf)
 To learn more about the Data Privacy Framework (DPF) program please click [here](https://www.dataprivacyframework.gov/s/).
 To view our certification page, please visit this [website](https://www.dataprivacyframework.gov/s/participant-search/participant-detail).
 The Federal Trade Commission has jurisdiction with enforcement authority over LiveChat, Inc., compliance with the EU-U.S. DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.
+Legal stuff made easy
+We're part of a program called Data Privacy Framework, ensuring that We handle personal data from the European Union, the United Kingdom, and Switzerland properly.
+If you want to learn more about this program, click here [https://www.dataprivacyframework.gov/s/](https://www.dataprivacyframework.gov/s/)
+You can also check out our certification page for more details. [https://www.dataprivacyframework.gov/s/](https://www.dataprivacyframework.gov/s/)
+The Federal Trade Commission keeps an eye on us to make sure We follow the rules of this program.