We, LiveChat, Inc. and our affiliate (“LiveChat”, “Company” or “We”) value your privacy and We are committed to safeguarding your personal information and being transparent about the data we collect and how we use it.
1. Your Global Privacy Rights
2. Data We Handle
2.1. 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, Developer Program, Partner Program, 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.
2.2. 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.
2.3. 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.
2.4. Types and Sources of Data. Our Engagements may collect and process your information including Personal Data depending on how you interact with us, the choices you make, and the Engagements and features you use. The sources of this information include what you share, our automated systems, and third-party sources and contain both your Personal and Non-Personal data, including, but not limited to:
Identifiers: Contact information and Account-related details, e.g. your full name, email address, physical address, phone number and IP address, user name, password, and other identifiers you provide;
Commercial information: Transactional information, e.g. products or services purchased, obtained, or considered, or other purchasing or consuming histories and tendencies, payment data, Account information and supporting tickets;
Electronic and network activity information: This includes records of your interactions with our Engagements (e.g. Website, chat window and chat logs, Website history) and other records, e.g. pages visited, links clicked, referring URL, records onhow you reached and used our Engagements, performance metrics, start and end times of your interactions and other actions taken on our Engagements and details of such actions;
Device and geolocation: e.g. IP address, operating system, device type, browser details, country preferences, mobile network information, and device phone number, location and your geographic region;
Shared Content: e.g. data you share during events, on social media, community, blogs, via chat window on our Website, survey and feedback forms, etc;
Inferences: Profiles created based on your data reflecting your interests, characteristics, preferences, and demographics.
2.5. 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
3.1. 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
Compliance and Protection: Meeting legal obligations, including billing, law enforcement, government, court inquiries, investigations, subpoenas, or similar legal processes, safeguarding our rights and interests and yours.
User Engagement and Personalization: Targeting our Engagements experience for you as well as to improve our pending operations or to create and improve new Engagements, recognizing you and remembering your information when you return to our Engagements; maintaining robust communication and offers based on your activity, interactions, profiling, feedback, and usage of the Engagements, and related technologies, including statistical information.
Marketing and Communication: Keeping you informed about offers, tailored marketing campaigns, other promotion-related information/activities, important service-related notices and updates via email, push notification and/or social media and other types of communications that may be of interest to you.
Data Insights: To aggregate, pseudonymise, and anonymise personal data for research and development, improvement of our Engagements, to understand how you interact with our Engagements and for statistical, and benchmarking purposes.
3.2. Registration Data. LiveChat, Inc. receives the necessary details (including Personal Data and other Customers’ information) in order to complete your registration on our Website. This ensures you have access to the Engagements you have subscribed to, e.g. first name, last name, company name, address, website address, e-mail address and credit/ payment card information for Customers deciding to move beyond the free Services, otherwise, credit/payment card information is not required). In addition to the above, We also collect other types of information (including Personal Data) depending on how you use our Engagements. When reaching out to LiveChat, Inc., the Customer might be asked to provide similar data to what they had given during the registration process on our Website.
3.3. Data Compliance. You hereby acknowledge and agree that the processing, including the transfer of your Personal Data and other Customers’ information (including the Personal Data), has been and will continue to be carried out in accordance with points 6 and 7 herein (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.
3.4. Profiling Activities. By engaging with us, you acknowledge and agree to our use of your Personal Data for profiling purposes involving automated methods, ensuring you receive the most pertinent information and features from the Engagements you select and combining the data you provide with our existing records. This enhances our advertising efforts, helping to refine offerings and keep you informed about updates relevant to Engagements you use. You can opt-out of profiling at any time by contacting [email protected]. Please note, that revoking this consent might limit our ability to provide specific Engagements, potentially resulting in to the termination of our Agreement.
3.5. Customer Responsibilities Regarding Personal Data. Customer is solely responsible for the processing of Personal Data (including but not limited to its transfer) in accordance with the relevant data privacy law, including obtaining necessary consents or having other valid legal grounds for processing. Customer must obtain all necessary permissions and consents as may be required by any relevant data privacy law when collecting, storing, processing and transferring Personal Data via LiveChat and its Sub-Processors. Customer ensures the accuracy, quality, and legality of Personal Data and the means by which Customer acquired them. Instructions given by Customer for Personal Data Processing must comply with relevant data protection laws. In addition, as a data controller, Customer shall (a) as required by applicable law, provide notice to its End-Users and Agents, as well as obtain their consent (if required) or have other legal basis for processing and transferring their personal data to LiveChat and its Sub-Processors in line with Data Processing Addendum (“DPA”).
3.6. Access and Managing Your Personal Data. Individuals have the right to manage their Personal Data. Reach out to [email protected]. (or via the support e-mail of the Services you use) for any data access, modification, copy or deletion requests. If We can’t remove certain data, We will inform you of the reasons. If you decide to discontinue our Services, you can request deactivation of your Account by emailing us at [email protected]. (or via support e-mail of the Services you use).
3.7. Deleting Your Personal Data. Upon written request, LiveChat will delete your Personal Data using a standard method accepted by LiveChat and in accordance with LiveChat’s data retention policy, unless it is unworkable due to the purposes of processing or due to technical issues. The standard response time is 30 days, which may be extended in complex cases and We will inform you of any such extension.
3.8. Geo-Location data. LiveChat, Inc. may have access to your geo-location data as We collect and process IP addresses of all devices used for Engagements. Collecting and processing your geo-location data refers to mobile devices as well as computers. It happens regardless of whether you are a Customer or a Non-Customer.
3.9. Communication. By participating in the Engagements, you agree to be contacted by us to receive electronic communications regarding your interactions with Engagements. You may opt-out of receiving these types of communications by adjusting the device settings anytime. Users who leave their contact details while accessing particular sections of our Website might receive additional messages not described above.
3.10. Customer logo. Customer gives LiveChat, Inc. and its affiliates royalty-free and unlimited in-time consent to use their company name, logos and other identifying information for marketing and promotional activities in internal or external media (including, but not limited to displaying it on our Website) and other purposes connected with presenting up-to-date offers.
3.15. Mobile analytics. We use mobile analytics software which allows 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 Engagements.
3.17. Comment system. In order to post comments on our Website (i.e. our blogs) you must sign into Facebook, Twitter, Disqus or Google, as We use ‘social-media plugins’ to allow you to leave comments on our blogs. No Personal Data is tied to your posts. You subscribe to our blogs by providing your email address. We will only use this Personal Data to send you an email notification when new blogs have been posted and when users comment on a blog that you previously have commented on. We will not use this information for any other purpose. You have the opportunity to opt-out of our blog e-mails by using the ‘unsubscribe’ button.
3.18. 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.
3.19. 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.
3.20. 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.
4. How we share information we process
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:
4.2. 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.
4.4. 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.
4.5. 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
5.1. 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.
5.2. 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
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 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
7.2. 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.
7.3. 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 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 [email protected].
8.1. 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: [email protected].
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 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.
8.2. If you, as an individual, have a complaint about how we have processed your personal data, please contact us at [email protected]. We will do our best to resolve your complaint promptly and fairly. However, if you are not satisfied with our response, you have the right to complain to a supervisory authority.
8.3. Data gathering entity. Conducting its activity, under the business name of LiveChat, Inc. with its office at 101 Arch Street, 8th Floor, Boston, MA 02110, United States of America, shall be the entity gathering Personal Data and other information.
8.6. DPO and EU Representative. LiveChat, Inc. has designated Text SA as its European Union representative to serve as a contact point between our Company and individuals or data protection authorities in the EU and in regard to our obligations under the GDPR. You can contact TEXT SA via email: [email protected]. Our Data Protection Officer is Maciej Malesa LiveChat, Inc. 101 Arch Street, 8th Floor, Boston, MA 02110, United States of America, email: [email protected].
To learn more about the Data Privacy Framework (DPF) program please click here.
To view our certification page, please visit this website.
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.