Privacy Policy

Effective date: 5/23/2012, Last updated: 8/19/2021

Please review our Privacy Policy which, along with the 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.

1. Introduction

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, www.helpdesk.com, www.chatbot.com and 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.

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/.

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:

  1. Notice,
  2. Choice,
  3. Accountability for Onward Transfer,
  4. Security,
  5. Data Integrity and Purpose Limitation,
  6. Access,
  7. Recourse, Enforcement and Liability.

LiveChat, Inc. has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles 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 https://www.privacyshield.gov/.

2. Scope of Privacy Policy

This Privacy Policy is effective to all information collected by LiveChat, Inc. from which an individual can be identified (Personal Data). This Privacy Policy applies to all users (including Customers, Agents, End-Users and users browsing LiveChat, Inc’s. websites) regardless of the country or territory they are using Services or websites.

3. Notice

LiveChat, Inc. is responsible for the processing of Personal Data it receives under this Privacy Policy regarding providing the Service and subsequently transfers Personal Data to a Third Party Service Provider (including Sub-processors). LiveChat, Inc. also enables its users to be compliant with the GDPR (including for onward transfers of Personal Data from the EU, EEA and Switzerland). 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 LiveChat, Inc. may be required to disclose Personal Data in response to lawful requests made 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 Data if it is necessary in order to prevent, investigate or take action regarding any 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: https://www.privacyshield.gov/. A list of Privacy Shield participants is maintained by the Department of Commerce and is available at: https://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, https://www.privacyshield.gov/ you may invoke binding arbitration when other dispute resolution (referred to below) procedures have been exhausted.

4. Questions and concerns

If you have any questions or concerns, or if you wish to access, update, amend, correct or delete, any of your Personal Data we store and process, please contact us at support@livechat.com (or via support e-mail of the Service you use) or by postal mail at: LiveChat, Inc. Attn: 101 Arch Street, 8th Floor, Boston, MA 02110, United States of America.

5. What information we collect

6. Data disclosure

7. Choice

We will always give you an opportunity to choose opt-out before your Personal Data is (1) disclosed to a Sub-processor (other than LiveChat, Inc.’s representatives doing work at our direction, or a third party affiliated or associated with LiveChat, Inc. and connected with providing services and its current business activity), or (2) to be used for a purpose that is materially different than that for which it was originally collected or subsequently authorized by you. The only exception to this choice for Personal Data would be where we are required to disclose your Personal Data pursuant to a governmental, police or judicial order, law or regulation to meet national security or law enforcement requirements. We will enable our Customers to provide individuals with reasonable mechanisms to exercise their choices. To limit the use and disclosure of your Personal Data, please submit a written request by emailing us at support@livechat.com (or via support e-mail of the Service you use).

8. Accountability for Onward Transfer

LiveChat, Inc. may transfer some Personal Data to Third Party Service Providers (including Sub-processors). We will not transfer your Personal Data originating in the EU and Switzerland to Third Party Service Provider unless we ensure such Third Party Service Provider is obliged to provide at least the same level of privacy protection to your Personal Data as required by the Principles of the EU-U.S. Privacy Shield Framework or the Swiss-U.S. Privacy Shield 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). We will only transfer data to our Third-Party Service Providers (such as consultants, accountants, attorneys, and Sub-processors) who need the information in order to provide services to or perform activities on behalf of LiveChat, Inc., and only for a purpose consistent with this Privacy Policy. LiveChat, Inc.’s accountability for Personal Data that it receives under the Privacy Shield and subsequently transfers is described in the Privacy Shield Principles.

9. Sub-processors (third party service providers)

If LiveChat, Inc. needs to use a Sub-processor in order to provide and support the features of its Services, it may share Personal Data for that purpose. Advertising partners. The Company may partner with some third parties to display advertising on its websites or to manage and serve our advertising on other sites and may share Personal Data with them for this purpose. All third parties with which the Personal Data are shared are required to process Personal Data in a manner that is consistent with this Privacy Policy. LiveChat, Inc. and its Sub-processors may use cookies and other similar tracking technologies, such as (but not limited to) pixels and web beacons, to gather information about users (including Customers, Agents, End Users, Visitors) activities on LiveChat, Inc.’s websites and other sites in order to provide with targeted advertising based on user’s browsing activities and interests. We will provide an individual opt-out or opt-in choice before we share data with third parties other than our Third Party Service Providers we use while providing Services, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your Personal Data, please submit a written request by emailing at support@livechat.com (or via support e-mail of the Service you use).

10. Security

We guarantee that we take reasonable and appropriate technical and operational measures to protect your Personal Data we collect and hold them from 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.

11. Data Integrity and Purpose Limitation

LiveChat, Inc. will only collect and retain Personal Data which is relevant to the purposes for which the Personal Data is collected, and will not use it in a way that is incompatible with such purposes unless such use has been subsequently authorized by the Customer. LiveChat, Inc. will take reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current. We may occasionally contact you to determine that your Personal Data is still accurate and current.

12. Access

Each 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 Data if it is inaccurate, please notify us at support@livechat.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 emailing us at support@livechat.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@livechat.com (or via support e-mail of the Service you use). In some cases, we may not be able to remove your Personal Data, in which case we will let you know if we are unable to do so and why.

13. Recourse, Enforcement and Liability

LiveChat, Inc. is committed to protect privacy as set forth in this Privacy Policy you believe we are not in compliance with our Privacy Policy, or if you have any questions or if you wish to take any other action concerning this Privacy Policy or your Personal Data, please contact us. We will investigate your complaint, take appropriate action and report and back to you within 14 days.

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 acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/bbb-eu-privacy-shield-consumers/ProcessForConsumers 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, https://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.

14. Surveys

From time-to-time, we may provide you with the opportunity to participate in a survey within our applications or via email. 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.

15. Add-ons

We allow Customers to integrate their Services with third-party add-ons. Please be aware that LiveChat, Inc. is not responsible for any information or Personal Data that may be collected through such third-party add-ons.

16. Personal Data protection

LiveChat, Inc. applies technical safety measures of the highest standards to protect the provided Personal Data against loss, destruction, misuse, unauthorized access or disclosure. The used measures and technology ensure complete safety of the Personal Data provided by the Customer or other data subject. The Personal Data is available solely to the Customer or to a person indicated by the Customer and provided that authorized access has been granted to such person. The Customer controls who is allowed to access. LiveChat, Inc. follows generally accepted industry standards to protect the Personal Data both during transmission and once received by the Company. No method of data transmission over the Internet, or method of electronic storage, is 100% secure. Therefore the absolute security can not be guaranteed. No data transmission via the Internet, however, can guarantee 100% safety. However LiveChat, Inc. takes all necessary steps and measures to update and modernize its data protection system. The transmission of most information is encrypted by using secure socket layer technology (SSL).

17. Privacy Policy modification

LiveChat, Inc. may update this Privacy Policy from time to time to reflect changes to its information practices and standards and only this currently visible on our website is up to date, supersedes all prior versions, and is effective and binding immediately after posting on an applicable website. If there are any significant material changes LiveChat, Inc. shall notify its Customers by email (sent to the email address specified in the ‘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.

18. Data gathering entity

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.

19. Commercial transactions

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.

20. Testimonials

We may post Customers’ testimonials on our websites which may contain Personal Data. We use the ‘Twitter social plugin’ to display our Customers’ comments on our websites. In any other scenario, we do obtain the Customer’s consent prior to posting the testimonial to post their names along with their testimonials.

21. Community forum

Our websites may 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.

LiveChat, Inc.’s websites may contain links to other websites that are not owned or controlled by the Company. Please be aware that LiveChat, Inc. is not responsible for the privacy practices of such other websites run by other entities. We encourage every user to stay tuned while leaving LiveChat, Inc.’s websites and to read privacy policies of each and every website that collects personal data. This Privacy Policy applies only to information collected by LiveChat, Inc.

23. Terms of Use

By using offered Services rendered by LiveChat, Inc., the Visitor and the Customer are obliged to comply with the rules contained in the Terms of Use available on our websites.

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