Effective Date: 5 June 2019
Table of Contents
1. GENERAL INFORMATION
The entity that is responsible for processing personal data through LiveCaller is the company LiveCaller, Inc. having a registered place of business at Nino Ramishvili 31 a, Tbilisi, Georgia (“we”, “us”, and “our”).
The Software is cloud-based customer support and communication software that allows business entities that install the Software on their websites (the “Clients”) to interact with their customers or potential customers (the “End-Users”) via Internet-based calls and chats. The Website provides information about the Software and allows the Clients to sign up, login to, and manage their user accounts.
- “Consent” means a freely given, specific, informed and unambiguous agreement to the processing of personal data;
- “Data controller” means the entity that determines the purposes and means of the processing of personal data;
- “Data processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller;
- “GDPR” means the EU General Data Protection Regulation (Regulation (EU) 216/679);
- “Personal data” means any information relating to a natural person who can be identified, directly or indirectly, by using such information (e.g., name, address, email, phone number, and IP address); and
- “Processing” means the use of personal data in any manner, including, but not limited to, collection, storage, erasure, transfer, and disclosure of personal data.
When handling personal data, we act as a data controller and a data processor in terms of the GDPR. Our role depends on the specific situation involving personal data as explained in detail below:
- We act in a capacity of a data controller when we ask our Clients to submit their personal data that is necessary to ensure their access and use of LiveCaller (e.g., when the Clients conclude contracts with us, download the Software, create or update their user accounts, make payments, or communicate with us). In such instances, we are a data controller because we make decisions about the types of personal data that should be collected from the Clients and the purposes for which such personal data should be used. Therefore, we comply with data controller’s obligations set forth in the GDPR.
- We act in a capacity of a data processor in situations when the Clients interact with the End-Users through the Software and the End-Users decide to provide their personal data through the Software. We do not own, control, or make decisions about End-Users’ personal data and such personal data is processed only in accordance with our Clients’ instructions. In such situations, the Clients act as data controllers in terms of the GDPR and the Clients are responsible for deciding what personal data should be collected from the End-Users and how such data should be processed. In the situations when we act in capacity of a data processor, we comply with data processors’ obligations set forth in the GDPR. In order to ensure that End-Users’ personal data is processed in accordance with the strictest data protection standards, we request our Clients to conclude a data processing agreement available at [please insert URL to your data processing agreement] (the “Data Processing Agreement”). The Data Processing Agreement can be concluded in an easy and hassle-free manner through the user account held by the Client.
- If we are required by law to do so;
2. WHAT PERSONAL DATA DO WE COLLECT?
We collect personal data in the situations, which are described below. We comply with data minimization principles and we collect only a minimal amount of personal data that is necessary for ensuring your use of LiveCaller:
- When the Clients create their user accounts on the Website, we collect Clients’ (or their representative’s) (i) full name, (ii) email address, and (iii) password.
- When the Clients update their user accounts, we collect Clients’ (or their representatives’) (i) company’s name, (ii) company’s address, (iii) company’s registration number, and (iv) image.
- When the End-Users use the Software to interact with the Clients, we process data that may include End-Users’ personal data, such as: (i) name, (ii) surname, (iii) email address, (iv) phone number, (v) session ID, (vi) call history, (vii) chat history, (viii) files sent through the Software, and (ix) other information that the End-Users decide to submit, in End-User’s sole discretion or upon request of the Clients, through the Software.
- When you contact us by email, we collect your name, email address, and any information you decide to provide us in your message.
- When you sign up for a newsletter on the Website, we collect your email address.
- When the Clients make payments, we collect Clients’ payment details, such as Client’s (i) name, (ii) billing address, (iii) VAT number, and (iv) payment card details.
- When you contact us through the chat functionality available on the Website, we collect any information you decide to provide us.
We may receive certain additional data if you participate in a focus group, contest, activity or event, request support, interact with our social media accounts or otherwise communicate with us. Please note that the provision of such data is optional and you may choose what personal data you would like to share with us.
We do not collect any special categories of personal data, such as such as your health information, opinion about your religious and political beliefs, racial origins, membership of a professional or trade association, or information about your sexual orientation, unless you decide, in your sole discretion, to provide such data to us.
If you fail to provide us with the personal data when requested, we may not be able to perform the requested operation and you may not be able to use the full functionality of LiveCaller, receive the services provided through LiveCaller, or get our response.
We put reasonable efforts to ensure that any communication data transmitted through the Software between the Clients and the End-Users will remain confidential and properly protected. Moreover, we do not intentionally and directly access, manage, correct, delete, share, or disclose End-Users’ personal data, unless (i) we are requested or authorized by the Clients to do so or (ii) such End-Users’ data is strictly necessary for provision of LiveCaller.
When the Clients make payments through LiveCaller, the payments are processed by our third-party payment processor Stripe, Inc. (the “Payment Processor”). The Payment Processor is solely responsible for handling Clients’ payments. The Client agrees not to hold us liable for payments that do not reach us because the Client has quoted incorrect payment information or the Payment Processor refused the payment for any other reason. Please note that the Payment Processor may collect some personal data, which will allow it to process the payments (e.g., payer’s name and credit card details). The Payment Processor handles all the steps in the payment process on its website, including data collection and data processing. We do not store your credit card details in our systems. For more information on Payment Processor’s privacy practices, please refer to https://stripe.com/en-be/privacy.
3. FOR WHAT PURPOSES DO WE USE PERSONAL DATA?
|Personal data||Purpose||Legal basis|
When a Client creates a user account on the Website:
When the Client updates Client’s user accounts:
When the End-User interact with the Clients through the Software, we process End-Users’:
When you contact us by email:
When you sign up for a newsletter:
When you make a payment:
When you contact us through chat available on the Website:
4. NON-PERSONAL DATA
While you are using LiveCaller, we may automatically collect certain technical non-personal data about your use of LiveCaller. Such non-personal data does not allow us to identify you in any manner. The non-personal data collected by us includes information about: (i) the type of your device; (ii) operating systems and browsers used by you; (iii) your browsing patterns; (iv) URL addresses of websites clicked to and from LiveCaller; and (v) your other online behavior data.
We will use non-personal data in furtherance of our legitimate interests in operating LiveCaller, conducting our business activities, and developing new products. More specifically, we collect the non-personal data for the following purposes:
- To analyze what kind of users visit LiveCaller;
- To identify the channels through which LiveCaller is accessed and used;
- To examine the relevance, popularity, and engagement rate of the content available on LiveCaller;
- To investigate and help prevent security issues and abuse; and
- To develop and provide additional features to LiveCaller.
In case your non-personal data is combined with certain elements of your personal data in a way that allows us to identify you, we will handle such aggregated data as personal data. If your personal data is aggregated or de-identified in a way that it can no longer be associated with an identified or identifiable natural person, it will not be considered personal data and we may use it for any business purpose.
5. MARKETING COMMUNICATION
From time to time, we may send the Clients marketing messages, such as newsletters, brochures, promotions and advertisements, informing the Clients about our new services. The Clients can be contacted by us for marketing purposes only if:
- We receive Clients’ express (“opt-in”) consent to receive marketing messages. Please note that your voluntary subscription for a newsletter on the Website constitutes your consent to receive marketing communication. The Clients can opt-out from receiving such marketing messages at any time free of charge by clicking on the “unsubscribe” link contained in any of the messages sent to the Clients or contacting us directly; or
- We decide to send the Clients marketing messages about our new services that are closely related to the services already used by the Clients.
From time to time, we may send you informational notices, such as service-related, technical or administrative emails, information about LiveCaller, your privacy and security, and other important matters. Please note that we will send such notices on an “if-needed” basis and they do not fall within the scope of direct marketing communication that requires your prior consent.
6. RETENTION PERIOD
Please note that, in some cases, we may be obliged by law to store your personal data for a certain period of time (e.g., for accountancy purposes). In such cases, we will store your personal data for the time period stipulated by the applicable law and delete the personal data as soon as the required retention period expires. For example, we may be obliged to keep our company’s financial records for several years. Thus, if you have made a payment for your use of the Software, we will keep payment-related data until that time period expires. As soon as we do not have a legitimate basis for storing your personal data, we will securely delete it.
7. HOW DO WE SHARE AND DISCLOSE DATA?
In some circumstances, we disclose your personal data to third-party service providers (data processors) and other third parties. For example, we may share your personal and non-personal data with entities that provide technical support services to us, such as web analytics, data processing, advertising, email distribution, and hosting services, or if you explicitly request us to disclose your personal data. The disclosure of your personal data is limited to the situations when such data is required for the following purposes:
- Ensuring the proper operation and maintenance of LiveCaller;
- Ensuring the delivery of the services requested by you;
- Providing you with the requested information;
- Pursuing our legitimate business interests;
- Enforcing our rights, preventing fraud, and security purposes;
- Carrying out our contractual obligations;
- Law enforcement purposes; or
- If you provide your prior consent to such a disclosure.
- Our cloud service and database providers Amazon Web Services and DigitalOcean;
- Our transactional email and marketing service provider SendInBlue;
- Our Web analytics service provider Google Analytics;
- Our payment service provider Stripe; and
- Our Web performance and information security service providers CloudFlare.
We may disclose or use non-personal data and de-identified data for any purpose. For example, we may share it with prospects or partners for business or research purposes, for improving LiveCaller, or developing new products and services.
If necessary, we will respond to lawful requests from public authorities to disclose information about the users of LiveCaller to the extent necessary for pursuing a public interest objective, such as national security or law enforcement.
8. TRANSFER OF PERSONAL DATA OUTSIDE THE EEA
- Ensuring that the country in which the recipient of your personal data is located is white-listed by the European Commission;
- The recipient is a Privacy-Shield certified entity;
- There is a data processing agreement in place with the respective third party that ensures such protection (the agreement will be based on the Standard Contractual Clauses provided by the European Commission).
We put our best efforts to keep your personal data safe and secure and implement organizational and technical information security measures to protect your personal data from loss, misuse, unauthorized access, and disclosure. In order to ensure the security of your personal data, we kindly ask you to use LiveCaller through a secure network only. The security measures taken by us include:
- Using secured networks (https/tls);
- Using non-public networks;
- Hashing Clients’ passwords;
- Taking measures against DDOS attacks and similar cyber threats;
- Restricting public access to the services provided through LiveCaller;
- Limiting access to your personal data by our staff; and
- Anonymizing personal data (when possible).
Although we put our best efforts to protect your personal data, given the nature of communications and information processing technology and the Internet, we cannot be liable for any unlawful destruction, loss, use, copying, modification, leakage, and falsification of your personal data caused by circumstances that are beyond our reasonable control. In case a personal data breach occurs, we will inform our local data protection authority without undue delay and immediately take reasonable measures to mitigate the breach, as required by the applicable law. Our liability for any security breaches will be limited to the highest extent permitted by the applicable law.
10. AGE LIMITATIONS AND MINORS
11. YOUR RIGHTS REGARDING PERSONAL DATA
Individuals located in certain countries, including the EU, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law and only when we act as a data controller with regard to your personal data, you may ask us to:
- Get a copy of your personal data that we store;
- Get a list of purposes for which your personal data is processed;
- Rectify inaccurate personal data;
- Move your personal data to another processor;
- Delete your personal data from our systems;
- Object and restrict processing of your personal data;
- Withdraw your consent; or
- Process your complaint regarding your personal data.
If you would like to exercise your rights listed above, you need to contact us by email (specified in the section “Contact”) and explain in detail your request. In order verify the legitimacy of your request, we may ask you to provide us with an identifying piece of information, so that we would be able to identify you in our system. We will answer such requests within a reasonable timeframe but no later than 2 weeks. Your requests can be submitted free of charge once per calendar year; we reserve the right to charge a small administrative fee for accommodating more frequent requests.
We act in a capacity of a data processor with regard to End-Users’ personal data. Therefore, we do not accommodate End-Users’ requests related to access, rectification, and deletion of their personal data and other rights the End-Users have. The End-Users that would like to exercise their rights with regard to the personal data processed by us through the Software are requested to contact the respective data controller (i.e., the Client that has installed the Software on its website). In case we receive such requests directly from the End-Users, we will not take action and inform the respective Client without undue delay so that the Client could act accordingly.
If you would like to launch a complaint about the way in which we handle your personal data, we kindly ask you to contact us first and express your concerns. After you contact us, we will investigate your complaint and provide you with our response as soon as possible. If you are a resident of the EU and you are not satisfied with the outcome of your complaint, you have the right to lodge a complaint with your local data protection authority.
Live chat: https://livecaller.io
Post address: LiveCaller LLC.
Nino Ramishvili 31a