PRIVACYPOLICY,1.HOWTOCONTACTUS,PleasecontactusifyouhaveanyquestionsaboutourPrivacyPolicyorinformation,weholdabout,you:,Byemail:privacy@JivoChat.com.,EUresidentsmayalsowritetoDataPrivacyOfficer:info@quick-gdpr.co.uk.,2.WHOWEARE?,LLC TECNOLOGY DISTRIBUTION LTDA,(collectively,the“Company”or“we”or,“us”) the Rua Neves Armond, 140, Sala 301, Praia Do Suá.
Vitória, ES/Brazil, is committed to,protecting privacy of your Personal Data (as defined below).
Our representative in EEA under,article27GDPRisSecurityTrendLtd,acompanyregisteredinUnitedKingdomandWales,,withits contact email info@security-trend.co.uk.,3.PURPOSEANDSCOPEOFTHISPOLICY,This Privacy Policy (the “Policy”) describes how the Company collects, uses, shares and secures,the Personal Data of visitors and subscribers to the JivoChat Service (the “Subscriber(s)” or,“you”or “yours”, Personal Data subject, as applicable).
It also describes your choices regarding,use,accessandcorrectionofyourPersonalData.ThecapitalizedtermsusedinthisPolicybut,not defined herein shall have the same meaning assigned to them in Company’s Terms and,Conditions (https://www.JivoChat.com/terms/) (the “Terms”), and your use of the JivoChat,Serviceis at all timessubject to theTerms.,This Policy applies to those who visit the websites owned and operated bythe Company,,downloadany downloadable software, install any mobile applications, and/or use the Company’s,productsandJivoChatServiceofferedatJivoChat.com,JivoChat.com.br,JivoChat.es,,JivoChat.de,JivoChat.ng,JivoChat.co.ke,JivoChat.co.za,JivoChat.mx,JivoChat.co.id,,JivoChat.com.co,JivoChat.com.ar,JivoChat.com.pe,JivoChat.cl,JivoChat.com.bo,,JivoChat.com.ve,JivoChat.co.in,JivoChat.pt,andanyotherwebsitesthatmaybeaddedtothe,listaftertheeffectivedateofthis Policy(collectively,the“JivoChatService”).,For purposes of the Policy, Personal Data means any information that identifies or relates to a,particularindividualandalsoincludesinformationreferredtoas“personallyidentifiable,information” or “personal information” under applicable data privacy laws, rules, or regulations,,including the GDPR, Federal Act on Data Protection (FADP) of Switzerland, Ordinance to the,FederalActonData Protection(FADPOrdinance)ofSwitzerlandandthe CCPA.,4.NOTICETOSUBSCRIBER’SDATASUBJECTS,IfaSubscriberusestheJivoChatServicetointeractwithotherindividuals,suchasthe,Subscriber’scustomers or potential customers (the “Subscriber’s Data Subjects”), the Subscriber,is solely responsible for ensuring compliance with all applicable laws in connection with the,collection and/or processing of Personal Data of the Subscriber’s Data Subjects.
If you are a,Subscriber’s Data Subject please note that the Company has no relationship with you whatsoever,and its only relation is with the Subscriber with whom you may interact.
For any questions,regarding the collection of your Personal Data or to amend your Personal Data, and for all other,reasons,youmustcontact theSubscriber.,5.NOTICETOSUBSCRIBERS,The Company does not collect or determine the use of any Personal Data of Subscriber Data,Subjects, nor the purpose for which such data is collected by the Subscriber, how such data is,collected and how it is used, the Company does not act as a data controller as defined under the,General Data Protection Regulation 2016/679 (“GDPR”), Federal Act on Data Protection (FADP),ofSwitzerland,OrdinancetotheFederalActonDataProtection(FADPOrdinance)ofSwitzerland,orabusinessundertheCaliforniaConsumerPrivacy Act,CaliforniaCivilCode1780.100,(“CCPA”) and bears no responsibility under these statutes associated with a data controller/,business.TotheextentthattheCompanyprocessesanySubscriber’sdata,itshouldbeconsidered,only as a processor/service provider on behalf of the Subscriber as to any Personal Data that is,subject to the requirements of GDPR and/or CCPA.
Please note that under GDPR and CCPAyou,are regarded as a data controller/business vis a vis the Subscriber Data Subject and as such must,complywith therequirements ofGDPR and/or CCPA.,6.PERSONALDATACOLLECTION,Wemaycollect,use,storeandtransferdifferentcategoriesofPersonalDataaboutyou.Wecollect,PersonalData aboutyou from:,(i)you when you provide such information directly to us, and when Personal Data about,youisautomaticallycollectedinconnectionwith youruseof theJivoChatService.,(ii)our subsidiaries and affiliates (together “Affiliates”), when they provide us with Personal,Dataaboutyou.,We only collect “sensitive” personal information when you voluntarily provide us with this,informationorwheresuchinformationisrequiredorpermittedtobecollectedbylawor,professional standards.
Sensitive information includes personal information regarding a person's,race,ethnicity,political,philosophicalreligiousorsimilarbeliefs,tradeunionmembership,,physical or mental health, sexual life, sexual orientation, or criminal record.
Please use your,discretion when providing sensitive information to the Company, and under any circumstances,,donotprovidesensitiveinformationtotheCompany,unlessyoutherebyconsenttothe,Company’s use of that information for its legitimate business purposes andconsent to the,transfer and storage of such information to and in the Company’sdatabases.
If you have any,questions about whether the provision of sensitive information to the Company is, or may be,,necessaryorappropriateforparticularpurposes,please contactusatprivacy@JivoChat.com.,We use different methods to collect Personal Data from and about you, including through the,followingmeans:,(i)Direct interactions.
Personal Data may be collected when you establish a user account,for use with the JivoChat Service, correspond with us with our website or otherwise, or,inquireaboutourserviceofferings.,(ii)Automatedtechnologiesorinteractions.Aprimarysourceofnon-personallyidentifiable,information includes anonymized browser information when you are using our websites,,where this cannot be linked to other Personal Data.
Website log files and Third-Party,scripts collect information that may include IP addresses, browser type, internet service,provider (ISP), referral/exit pages, pages viewed, date &.
time stamps, and other similar,information.
We use these logfilesand Third-Partyscriptstohelpusanalyzetraffic,patterns &.
site usage, understand audiences, as well as improve our sites and services and,arenotableto identify you fromthisinformation.,7.THIRDPARTYPAYMENTPROCESSING,When you make purchases through the JivoChat Service, we process your payments through a,third-party payment processor.
In these instances, the third-party processor may collect certain,financial information from you to process a payment on our behalf, including your name, email,address,addressandotherbillinginformation.Inthiscase,theuseandretentionofyour,Personal Data is governed by the terms of use and privacy policy of suchthird-party payment,processor.
Our treatment of any Personal Data that we receive from a third-party payment,processor,issubjectto this PrivacyPolicy.,8.PERSONALDATAPROCESSING,WeprocessyourPersonalDataasacontrollerforthefollowingpurposes:,(i)UseoftheJivoChatServiceanditsfunctionalities (“ContractualPurposes”);,(ii)RegistrationontheJivoChatServicebycreatinganaccount(“ContractualPurposes”);,(iii)With your prior consent, sending information, promotional and advertising material,,suchasnewsletters(“Marketing Purposes”);,(iv)Fulfill the obligations established by applicable laws, rules or regulations and / or,respondtorequestsfrompublicandgovernmentalauthorities(“RegulatoryPurposes”);,(v)RegistrationasCompanypartner.,WealsoprocessPersonalDataofSubscriber’sSubjectsasaprocessorforthefollowingpurposes:,(i)toenableaSubscribertocommunicatewiththeSubscriber’sSubjects.,9.LEGALBASISOFPERSONALDATAPROCESSING,The processing of Personal Data for the purposes referred to in Section 8(i), 8(iv), and 8(v) is,mandatorytousetheJivoChatService.
TheprocessingofPersonalDataforthepurposes,referredto in Section 8(ii) is required to use services that imply the creation of an account on the,JivoChatService.FailuretoprovidethePersonalDatawillmakeitimpossibleforyoutoaccessor,use theseservices.
The processing of Personal Data for the purposes referred to in Section 8(iii) is,optional.FailuretoprovidetheconsentdoesnotaffectyouruseoftheJivoChatServicebythe,User, but will result in the inability of the Company to send you the information that may be of,interesttoyou.,10.CHANGEOFPURPOSE,We will only use your Personal Data for the purposes for which we collected it unless we,reasonably consider that we need to use it for another reason and that reason is compatible with,the original purpose.
If you wish to receive an explanation as to how the processing for the new,purpose is compatible with the original purpose, please contact us at privacy@JivoChat.com.
If,we need to use your Personal Data for an unrelated purpose, we will notify you and we will,explainthe legal basis which allowsus to do so.
Please note that we may process your Personal,Data without your knowledge or consent, in compliance with the above rules, where this is,requiredorpermittedby law.,11.OPTINGOUT,You may opt-out of communications at any time by clicking the unsubscribe link provided in an,email or by sending a request to privacy@JivoChat.com.
Where you opt-out of receiving these,marketingmessages,thisdoesnotmeanthatwewillstopprocessingyourPersonalData,providedtous as aresult of any services weprovideto you.,12.DISCLOSURES,SHARING,&ONWARDTRANSFERS OFPERSONALDATA,DisclosuresofPersonalDataforaBusinessPurpose,We disclose your Personal Data to service providers and other parties for the following business,purposes: In the achievement of internal business operations and in order to best serve you, we,may disclose Personal Data to Third Parties who reasonably need to know such Personal Data in,the accomplishment of a contracted task or the Company’s business purpose, such as payment,processing ofSubscribers’paymentsfortheJivoChatServicethroughThirdPartyproviders.,WemayalsodiscloseyourPersonalDatatothirdpartiesinthefollowingcircumstances:,(i)As required by law to comply with a subpoena or similar legal process.
To the extent we,are legally permitted to do so, we will take commercially reasonable steps to notify you in,theeventthatwearerequiredtoprovideyourPersonalData,customerorbusiness,information to Third Parties as part of a legal process.
We may also be required to disclose,Personal Data in response to lawful requests by public authorities, including requests from,nationalsecurity or lawenforcementauthorities.,(ii)When we believe in good faith that disclosure is necessary to protect our rights, protect,your safety or the safety of others, investigate fraud or respond to a written government,request.,(iii)If the Company becomes involved in a merger, acquisition, or any form of sale of some,orallof its assets.,(iv)ToanyotherThirdPartywithyourpriorconsent.,(v)Whendetectingsecurityincidents,protectingagainstmalicious,deceptive,fraudulent,or,illegalactivity,andprosecutingthoseresponsibleforthatactivity.,(vi)Performingservicesonourbehalf,includingmaintainingorservicingaccounts,,providing customerservice,processingorfulfillingordersandtransactions,verifying,customer information, providing financing, providing advertising or marketing services,,providing analytic services, or providing similar services on behalf of the business or,serviceprovider.,We disclose your Personal Data to the following categories of service providers and other,parties,including:,⎯,Paymentprocessors;,⎯,Marketingserviceproviders;,⎯,Hostingandothertechnologyandcommunicationsproviders;,⎯,Analyticsproviders;,⎯,OurAffiliates;,⎯,Otherparties atyourdirection;,⎯,Otherusers(whereyoupostinformationpubliclyorasotherwisenecessarytoeffect,atransactioninitiated orauthorizedby you throughtheServices);,⎯,Socialmediaservices(ifyouintentionallyinteractwiththemthroughyouruseof,theServices);,⎯,Third-partybusinesspartnerswhoyouaccessthroughtheJivoChatService;,⎯,Otherpartiesauthorizedbyyou.,At the time of the latest update to the Policy, the specific Third-Party providers that we disclose,yourPersonal DatatoincludeZingaya,Inc.OVH LIMITED, andGoogleGroup.,We may provide an option to access or register for the JivoChat Service through the use of your,username and passwords for certain services provided by third parties, such as through the use,ofyourFacebook, LinkedIn, or Googleaccount.,13.DATATRANSFEROUTSIDETHEUNITEDSTATES,The Company is a global company, based in the Brazil.
The personal data of EEA residents is,storedin EEAarea.,14.JIVO C HAT,WEBSITESLinks,Our websites contain links to other sites.
Clicking on those links or enabling those connections,may allow Third Parties to collect or share data about you.
Please be aware that we do not,controlthesesites and are not responsible for the content or privacy practices of such other sites.,Weencourageouruserstobeawarewhentheyleaveourwebsitesandtoreadtheprivacy,policies of any other website they visit.
This Policy applies solely to information collected by the,Company.,Cookies,Cookies are text files put on your computer to collect standard internet log information and,visitorbehaviorinformation.Thisinformationisthenusedtotrackvisitoruseofthewebsiteandto,createstatistical reports on website activity.
The detailed description of cookies used on our site,canbefoundhere: http://JivoChat.com/cookies.,You can set your browser not to accept cookies and the above websites tell you how to remove,cookies from your browser.
Please note in a few cases some the JivoChat Service features may,notfunctionbecauseof this.,BY ACCESSING OR USING THE JIVOCHAT SERVICE OR ENTERING YOUR LOGIN,DETAILSTO ACCESS AREASRESERVEDFORREGISTEREDUSERS, YOU AGREE,THATWE,OR A THIRDPARTY ACTINGONOURBEHALF,CANPLACETHESE,COOKIESONYOUR COMPUTER OR INTERNETENABLEDDEVICE.,UsageAnalytics,We use several third-party usage analytics tools including Google Analytics.
More information,about how Google Analytics is used by the Company can be found here: http://www.google.com/,analytics/learn/privacy.html.
To provide website visitors with more choice on how their data is,collected by Google Analytics, Google has developed the Google Analytics Opt-out Browser,Add-on.
The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that,information about the website visit should not be sent to Google Analytics.
The Google Analytics,Optout Browser Add-on does not prevent information from beingsent to the Online Services or to,otherweb analytics services.,Webbeacons,A web beacon is a small image file on a web page that can be used to collect certain information,from your computer, such as an IP address, the time the content was viewed, a browser type, and,theexistenceofcookiespreviouslysetbythesameserver.Weonlyusewebbeaconsinaccordance,with applicable laws.
The Company or its service providers may use web beacons to track the,effectivenessof third-party web sitesthat provideus with.,15.SECURITY,The security of your Personal Data is important to us.
We follow generally accepted standards to,protectthepersonalinformationsubmittedtous,bothduringtransmissionandonceitis,received.Ifwe learn of a security systems breach, we will inform you and the authorities of the,occurrenceofthebreachin accordancewith applicable law.,16.RETENTION OFYOURPERSONALDATA,We will only retain your Personal Data for as long as reasonably necessary to provide our,servicesor to fulfill the purposes we collected it for, including for the purposes of satisfying any,legal, regulatory, tax, accounting or reporting requirements.
We may retain your Personal Data,for a longer period in the event ofa complaint or if we reasonably believe there is a prospect of,litigation in respect to our relationship with you.
Afterwards, we retain some information in a,depersonalized or aggregated form but not in a way that would identify you personally.
To,determine the appropriate retention period for Personal Data, we consider the amount, nature and,sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of,your Personal Data, the purposes for which we process your Personal Data and whether we can,achieve thosepurposesthrough othermeans,and theapplicablelegal,regulatory, tax,accounting,orotherrequirements.,17.PERSONALDATAOFCHILDREN,This website is not intended for children under 16 years of age and we do not knowingly collect,data relating to children.
If you are a child under 16, please do not attempt to register for or,otherwise use the Services or send us any Personal Data.
If we learn we have collected Personal,Data from a child under 16, we will delete that information as quickly as possible.
If you believe,thatachildunder16mayhaveprovidedusPersonalData,pleasecontactusat,privacy@JivoChat.com.,18.YOUR RIGHTS IN RELATION TO PERSONAL DATA,CaliforniaResident Rights,If you are a California resident, you have the rights outlined in this section as defined in the,California Consumer Protection Act (the “CCPA”).
Please see the “Exercising Your Rights”,section below for instructions regarding how to exercise these rights.
If there are any conflicts,between this section and any other provision of this Privacy Policy and you are a California,resident, the portion that is more protective of Personal Data shall control to the extent of such,conflict.
If you have any questions about this section or whether any of the following applies to,you,pleasecontact us atprivacy@JivoChat.com.,(i)Access.
You have the right to request certain information about our collection and use of,your Personal Data over the past 12 months.
We will provide you with the following,information:,⎯,ThecategoriesofPersonalDatathatwehavecollectedaboutyou.,⎯,Thecategoriesofsources fromwhichthatPersonalDatawascollected.,⎯,ThebusinessorcommercialpurposeforcollectingorsellingyourPersonalData.,⎯,ThecategoriesofthirdpartieswithwhomwehavesharedyourPersonalData.,⎯,ThespecificpiecesofPersonalDatathatwehavecollectedaboutyou.,If we have disclosed your Personal Data for a business purpose over the past 12 months, we will,identifythecategoriesofPersonalDatasharedwitheachcategoryofthird-partyrecipient.,(ii)Deletion.
You have the right to request that we delete the Personal Data that we have,collectedfromyou.UndertheCCPA,thisrightissubjecttocertainexceptions:for,example, we may need to retain your Personal Data to provide you with the Services or,complete a transaction or other action you have requested.
If your deletion request is,subjectto oneoftheseexceptions,wemay deny yourdeletion request.,(iii)Exercising Your Rights.
To exercise the rights described above, you must send us a,request that (1) provides sufficient information to allow us to verify that you are the person,about whom we have collected Personal Data, and (2) describes your request in sufficient,detail to allowus to understand, evaluate, and respond to it.
Each request that meets both of,these criteria will beconsidered a “Valid Request”.
We may not respond to requests that do,not meet these criteria.
We will only use Personal Data provided in a Valid Request to,verify you and complete your request.
You do not need an account to submit a Valid,Request.Wewill worktorespondtoyourValidRequestwithin45daysofreceipt.Wewill,not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive,,repetitive,ormanifestlyunfounded.IfwedeterminethatyourValidRequestwarrantsafee,,we will notify you of the fee and explain that decision beforecompletingyourrequest.,YoumaysubmitaValidRequestbyemailingusatprivacy@JivoChat.com.,(iv)No Discrimination.
We will not discriminate against you for exercising your rights,undertheCCPA.Wewillnotdenyyouourgoodsorservices,chargeyoudifferentpricesor,rates,orprovideyoualowerqualityofgoodsandservicesifyouexerciseyourrights,undertheCCPA.However,wemayhavedifferenttiersofServicesasallowedby,applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of,quality of the goods or services you receive related to the value of Personal Data that we,receivefromyou.,EUandSwitzerlandResidentRights,Section 7 –the “Personal Data Collection” section above, details the Personal Data that we,collect from you.
Section 8 —the “Personal Data Use” section above explains how we use your,Personal Data.
We will only use your Personal Data when the applicable law allows us to.
Most,commonly,wewilluseyourPersonal Datain thefollowing circumstances:,(i)whereweneedtoperformthecontractweareabouttoenterintoorhaveenteredinto,withyou;,(ii)where it is necessary for our legitimate interests and your interests and fundamental,rightsdonotoverridethoseinterests.
or,(iii)whereweneedtocomplywithlegalorregulatoryobligations.,If you are an EU data subject (as such term is defined under the GDPR), you have certain rights,with respect to your Personal Data, including those set forth below.
For more information about,these rights, or to submit a request, please email privacy@JivoChat.com.
You, as a data subject,,havetherightto:,(i)The right to access information held about you.
The data subject shall have the right to,obtain from the controller confirmation as to whether or not Personal Data concerning him,or herare being processed, and, where that is the case, access to the Personal Data and other,information.,(ii)The right to rectify your Personal Data.
You shall have the right to rectify your Personal,Data without undue delay, if it is inaccurate, incomplete or out-of-date.
After Personal Data,rectificationwewill notify you.,(iii)The right to erasure (deletion or removing) your Personal Data.The data subject ,shallhavethe right to obtain from the controller the erasure of Personal Data concerning ,him orher withoutunduedelay and the controller shall have the obligation to erase Personal ,Datawithout undue delay.
If we cannot erase your Personal Data, we will anonymize your,Personal Data so that it cannot be determined.
After the erasure or anonymization of your,PersonalData, wewill notifyyou aboutit.,(iv)The right to restrict (block) the processing.When processing is restricted, we will ,storeyourPersonalData,butnotfurtherprocessit,untiltherestrictionswillberemoved.,Youcanremovetherestrictions (block)of processing at anytimeviarequest.,(v)The right to data portability.
You have the right to receive the Personal Data which you,have given to us, in a structured, commonly used and machine-readable format and the right,to transmit that data to another controller from the current controller, if it is technically,possible.
Youmay exercise this right, if your data is processed on the basis of your consent,oracontract signedwithyouand thedataareprocessed electronically.,(vi)Right to object.
You have the right at any time, on the basis of your specific ,position, toobjectto theprocessingof yourPersonalData, which isnecessaryfor:,(i)for the performance of a task carried out in the public interest or in the exercise,ofofficialauthority vested in thecontroller;,(ii)for the purposes of the legitimate interests pursued by the controller or by a third,party, except where such interests are overridden by the interests or fundamental,rightsandfreedomsofthedatasubjectwhichrequireprotectionofPersonal,Data.
WeshallnolongerprocessthePersonalDataunlesswedemonstrate,compellinglegitimategroundsfortheprocessingofyourPersonalData.Youhave,therightat anytimetoobjecttotheprocessingofyourPersonalDatafor,marketing,includingprofilingformarketing purposes.,(vii)Automated individual decision-making, including profiling.You have the right not ,to besubject to a decision based solely onautomatedprocessing, including profiling, which,produceslegal effects concerning you or similarly significantly affects on you.
As of the,latestversionof thePolicy,wedonotperformtheautomateddecision-making.,(viii)The right to withdraw your consent.If your Personal Data are processed by ,consent, youhavetherightto withdraw it.,(ix)The right to make a complaint with a supervisory authority.
You have the right to ,make acomplaint with a supervisory authority of their country if you have a concern about ,how weprocess your data, protect and fulfill your rights.
Please find the contacts of a ,supervisoryauthorityoftheircountryon thewebsiteoftheEuropeanDataProtection ,Council.,Toprotectyourprivacyandsecurity,wewilltakereasonablestepstoverifyyouridentity,before,grantingaccesstoyourPersonalData.Forexample,wemayneedtorequestspecific,information from you in order to verify your identity.
This is a security measure to ensure that,Personal Data is not disclosed to anyperson who has no right to receive it.
We may also contact,youto askyouforfurther informationinrelationto yourrequest tospeed upourresponse.,You will not have to pay a fee to access your Personal Data (or to exercise any of the other,rights).However, we may charge a reasonable fee if your request is clearly unfounded, repetitive,or excessive or if additional copies of your Personal Data are requested.
Alternatively, we may,limitaccesstoyourPersonal Dataorrefuseto complywithyourrequestinthesecircumstances.,We will endeavor to respond to all legitimate requests of individuals to exercise their rights in,relation to their Personal Data within 30 days of the original request or as otherwise required by,law.
Occasionally it could take us longer than 30 days if your request is particularly complex or,youhavemadeanumberof requests.
Inthiscase,wewill notifyyou andkeepyou updated.,19.CHANGESTOTHISPRIVACYPOLICYANDYOURDUTYTOINFORMUSOF,CHANGES,This Privacy Policy may be amended from time to time.
Updates to this Privacy Policy will be,posted on our site and will be effective upon posting.
Your continued use the JivoChat Service,constitutes your acceptance of all such changes and amendments.
Your soleremedy is to cease,using the JivoChat Service.
Use of information we collect is subject to the Privacy Policy in,effectatthetimesuch information is collected.,It is important that the Personal Data we hold about you is accurate and current.
Please keep us,informed if your Personal Data changes during your relationship with us.
To do so, please,contactusatprivacy@JivoChat.com.