Last updated: August 17 th, 2023
If you are an EU resident, citizen or visitor, our EU Individuals Section also applies to you.
This policy applies only to information we collect through the Site, Services, Apps and any emails, texts or other electronic communications sent through the Site or Apps. This policy DOES NOT apply to information collected offline, through any other apps or websites (including websites you may access through the Site) or by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site. These other websites, apps or third parties may have their own privacy policies, which we encourage you to read before providing information through them.
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us, or to take advantage of some of our features. You may stop using the Services at any time; however, your conversation logs from communications may remain in our records if it is necessary in relation to the contract entered into with you or in relation to our Client´s business.
Data controller of your Personal Information
OhWhatAChat Inc., d/b/a OhWhatAChat, having its principal business at 651 N. Broad Street, Suite 201 Middletown, Delaware 19709, US (“OhWhatAChat” or “we” or “us”) is the data controller of your Personal Information. We are responsible for, and control, the processing of your Personal Information. If you wish to contact us, please send an email to email@example.com.
Personal Information which is collected
In the context of rendering our Services, we may collect information about you. Our legal basis for collecting and using your personal data will depend on the specific context in which we collect it. However, we will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.
The information we collect regularly includes the following:
If you create an account as a Chatter: Your name, surname, email address, telephone number, time zone, work experience, education, photo, social network information, billing information, location data, If you are invited to undertake further assessments (such as an interview) and you participate in such assessments, we will collect further Personal Data that you provide to us as part of that process. The kind of information you may disclose include information about your qualifications and information about your employment experience. If you do not provide us with certain information when requested, it may impact our ability to assess your suitability as a Chatter. Throughout this process, we may create Personal Information in connection with the assessment of your application. For example, we may record the views of those considering your application about your suitability for the role for which you have applied and retain interview notes.
Once you are admitted to the network and you are matched with a Client, we will receive from our Client information regarding the performance of your services to that Client, as necessary for maintaining standards of integrity and excellence in our network. This information may include records and copies of our correspondence (including transcripts of chats, email addresses and phone numbers), and details on transactions you carry out through the Site or Apps. We may, in accordance with applicable law, record and maintain recordings of voice or other communications.
We will also collect copies of relevant identification documents from you (such as your passport or driving license, proof of address, a copy of your work permit (where applicable), a photograph and a copy of your signature). We use this information to verify your identity. We have a legitimate interest in collecting and using this data to comply with our legal obligations and for the performance of your role as a Chatter with the Clients.
If you contact us (via our Website or via email), e.g. to send us an inquiry: Name, e-mail address, IP address, information on our communication with you and any additional information you provide us with.
If you merely use our Website:
When you interact with us through the Site or the Services (whether as a Chatter, as a Client, or other visitor to our Site), we and our service providers acting on our behalf will automatically collect information about you through cookies (small text files placed on your device) and other technologies.
As a visitor to our Site, our servers record information (“log data”), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol (“IP”) address (from which we understand the country you are connecting from at the time you visit the Site), browser type and settings, the date and time of your request.
Where the information that we collect automatically on our Site is Personal Information, our legal basis for the use of this information is that it is necessary for the purposes of our legitimate interests in maintaining the safe operation of our Site as well as in learning how Site visitors interact with our Site to improve your use of it.
How we collect your information
Personal Information is collected in many ways and includes:
Personal information you provide to us: Most of the Personal Information we receive comes to us voluntarily from our users in the course of using our Services, such as when visiting our Website, registering online or communicating with us or in the process of requesting our Services. You are free to choose which information you want to provide to us or whether you want to provide us with information at all. However, some information, such as your name, email address, WhatsApp phone number may be necessary for the performance of our contractual obligations. Without providing this information, you will not be able to use certain Services or enter into a contract with us.
We may supplement the information that we collected from you (such as your email address) with additional information about you and your company obtained from publicly available and third-party databases or services that provide information about business people and companies (including an individual’s name, job title, business contact information, and company information).
Why do we collect and how do we use your Personal Information?
We use your information in order to perform our contractual services or prior to entering into a contract with you. If you order Services from OhWhatAChat or if you contact us to request our Services, we use your information to provide you with these Services. We use Personal Information in order to process your request to become a Chatter or a Client and administer our contract with you. That is, our use of your Personal Information is necessary in order to implement your request to become a Chatter or a Client prior to entering into a contract with us and, once you are admitted to our network, to perform our contract with you. Information we use includes: information we need to contact you or otherwise communicate with you; if you are a registered user: information to manage your account; information to enable the usage of Services; information for invoicing and payment, information to email you with information related to our Services. If you are a customer of a Client, we shall use your information to provide the services of customer support or sales, only when the collection of your personal data is needed to correctly render those services. For example, is a sale is done we may need your personal data so that the Client may provide you with the service or products you acquired.
We use your information if justified by our legitimate interests. The usage of your information may also be necessary for our own business interests. For example, we may use some of your information to create financial statements, to send administrative information to you, (for example, information regarding the Site and changes to our terms, conditions, and policies), to conduct analytics on how the Site and our Service are being used by you for our internal purposes, namely for providing, maintaining, and improving our offerings, and identifying usage trends, to evaluate and review our business performance in general. We may collect analytics data or use third-party analytics tools to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. (See Section 5).
We use data relating to your use of and interaction with the Site and the Services, including use of product features by you and information that we obtain through cookies and other technologies, to better understand your needs and interests in order to personalize your experience with our Services and improve our Services.
To market our services (for example, we can feature certain profiles of Chatters to drive traffic from potential Clients).
To identify potential cyber security threats, prevent fraud or criminal activity, misuses of our products or services, and ensure the security of our IT systems, architecture and networks.
To (a) comply with legal obligations and legal process, (b) respond to requests from public and government authorities including public and government authorities outside your country of residence; (c) enforce our terms and conditions; (d) protect our operations; (e) protect our rights, privacy, safety or property, and/or that of you or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain, and (g) If necessary we may also use your information to pursue or defend ourselves against legal claims.
Marketing: We may use your contact details to tell you about services we believe will be of interest to you, upcoming events or other promotions. If we do so, each marketing communication we send you will contain instructions permitting you to “opt out” of receiving future marketing communications. Note however that as user of our services you cannot opt out of some administrative communications that are reasonably necessary to the services, such as billing or service notifications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. We will only send you marketing information by email if you consent to us doing so at the time you provide us with your Personal Information. When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you or by contacting us as indicated below.
You can object to this use at any time by sending an email to firstname.lastname@example.org.
We use your information to comply with legal obligations. We are obligated to retain certain information because of legal requirements, for example, tax or commercial laws. We will only use your information for the purposes for which we have collected them. We will not use your information for other purposes.
With whom we share your Personal Information
Service providers and advisors:
We may share Personal Data with our third party service providers to support our websites, products, and service. These third party service providers perform services for us or on our behalf, which may include marketing campaign services, providing mailing or email services, tax and accounting services, product fulfillment, payment processing, data enhancement services, fraud prevention, web hosting, or providing analytics services, application development, marketing, sales support and customer support. We may need to share your information with service providers to provide information about products or services to you.
These service providers are prohibited from using your Personal Data except for these purposes, and they are required to maintain the confidentiality of your information. In all cases where we share your information in this way, we explicitly require the third party service providers to acknowledge and adhere to our privacy and data protection policies and standards. Any such service providers will by appropriate data processing agreements be bound to only process the data on OhWhatAChat’s behalf and under its instructions.
We have the corresponding DPA (Data Processing Agreement) with such third parties.
We may share your Personal Information with the following third parties:
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the information collected to track and monitor the use of the service. This information is shared with other Google services. Google may use the information collected to contextualize and personalize the ads of its own ad network.
For more information about Google’s privacy practices, please visit: https://policies.google.com/privacy
This is a CRM (Customer Relationship Management) platform that we use for marketing, sales, content management, and customer service.
For more information, you can see: https://legal.hubspot.com/privacy-policy?hubs_content=www.hubspot.com/&hubs_content-cta=Privacy%20Policy&_ga=2.196638124.1079838232.1676552559-31831799.1674742171&_gl=1*1j05lhv*_ga*MzE4MzE3OTkuMTY3NDc0MjE3MQ..*_ga_LXTM6CQ0XK*MTY3NjU1MjU1OS4yLjEuMTY3NjU1MjYxNC4wLjAuMA
Law enforcement, regulators and other parties for legal reasons: Third parties as required by law or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our legal claims or to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property, or personal safety of OhWhatAChat, our visitors, or others.
If you are a Client we may disclose Personal Information to Chatters when needed under the Client Service Agreement. In such case, the terms of the CSA and NDA are applicable.
How do we store your Personal Information? How long do we keep your information?
We securely store your Personal Information at Google Cloud Platform. (See Section n° 8 for more information)
We will store Personal Information for as long as necessary to fulfil the purposes for which we collect the Personal Information, in accordance with our legal obligations and legitimate business interests. In general, information obtained in the course of providing our Service or using our Website will be deleted latest within 3 years after the end of us providing our Service or you using our Website, unless an earlier deletion is requested or has been agreed upon, or statutory retention requirements require a longer retention or we need to retain such data for own legitimate interests, for example, the defense against IT security threats. For example, national commercial or financial codes may require retaining certain information for up to 10 years.
Once this time period has expired, we will delete your Personal Information.
Safety of your Personal Information
We implement a variety of security measures to maintain the safety of your Personal Information when you use our Services. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
How do we safeguard your personal information when there is an international transfer?
As your information is stored at Google Cloud Platform, it will be processed and stored in different countries of the European Union and in Brazil. If you are in the European Union or European Economic Area, this may mean that your personal information will be stored in a jurisdiction that offers a level of protection that may, in certain instances, be less protective of your Personal Information than the jurisdiction you are typically a resident in. Therefore, we have entered into a contract which is based on the EU Standard Contractual Clauses with Google. If you wish to inquire further about the safeguards we use, please contact us by sending an email to email@example.com.
Cookies are text files placed on your computer or device hard disk to collect standard Internet log information and visitor behavior information. When you visit our Website, we may collect information from you automatically through cookies or similar technology.
We use the following types of cookies:
Strictly necessary cookies. These are cookies that are required for the essential operation of the Services such as to authenticate users and prevent fraudulent use.
Analytical/performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way the Website and Services work, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognize you when you return to the Services. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our Website, the pages you have visited, the links you have followed and may also gather information about your online activity after you leave our Website. We will use this information to make our Website, the advertising displayed on it, and the marketing messages we send to you more relevant to your interests. We may also share this information with third parties who provide a service to us for this purpose.
How to manage cookies?
Your rights and choices regarding your Personal Information
We want you to understand your rights and choices regarding how we may use your Personal Information.
11.1 Individual Rights: You have the following rights in respect to your Personal Information that we hold:
11.1.1 Right of access: The right to obtain access to your Personal Information. You have the right to request Us for copies of your Personal Information.
11.1.2 Right to rectification: The right to obtain rectification of your Personal Information without undue delay when you believe that Personal Information is inaccurate or incomplete. If we shared your Personal Information with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so you can contact them directly.
11.1.3 Right to erasure: The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information with so you can contact them directly.
11.1.4 Right to restrict processing: The right to obtain restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as, where the accuracy of the Personal Information is contested by you, for a period of time enabling us to verify the accuracy of that Personal Information. We will tell you before we lift any restriction on processing. If we shared your Personal Information with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so you can contact them directly.
11.1.5 Right to portability: The right to portability allows you to move, copy or transfer personal information easily from one organization to another.
11.1.6 Right to object processing: You have a right to object to any processing of your Personal Information, under certain conditions. You can object to marketing activities for any reason whatsoever.
11.1.7. Right to withdraw consent. If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place.
11.1.8 Right to lodge a complaint with the data protection authority. If you have a concern about our privacy practices, including the way we handled your Personal Information, you can report it to the data protection authority that is authorized to hear those concerns.
If you wish to exercise one of these rights, please contact us by sending an email to firstname.lastname@example.org. We have one month to respond to you.
11.2 For cookies or e-mail marketing, we provide the following easily usable option:
11.2.1 Cookies Settings and Preferences. You may disable cookies and other tracking technologies through the settings in your browser.
11.2.2 E-Mail Settings and Preferences. If you no longer want to receive marketing e-mails from us, you may choose to unsubscribe at any time by sending an email to email@example.com.
12.2. Data Controller: is specified in Section 1.
12.3. Your Rights: Subject to applicable EU law (“General Data Protection Regulation” or “ GDPR”) , you have the rights specified in Section 11. If you wish to exercise the right to erasure you may want to contact us by sending an email to: firstname.lastname@example.org.
12.4. Data Transfers: see Section 8.
12.5 In addition to the afore listed rights, as an EU resident, you have the right to lodge a complaint with your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
13.1. The data we collect: see Section 2. A detailed explanation of the types of data we collect and its sources can be found under the above sections.
13.2. Your rights
CCPA affords you certain rights with regard to data collection and deletion. As of January 1, 2020, the CCPA gives you the following rights:
Right of access. Ask us what categories and types of data we have collected for you over the last 12 months, why the data was collected, and request a copy of such data.
Right of deletion. Request deletion of the data we have for you.
Right to not be discriminated against. You cannot be discriminated against for making a data inquiry.
To contact us, please see the section 15. We will respond to your inquiry no later than 45 days after receipt.
13.3. Denial of data deletion requests
In accordance with the CCPA, we may deny your request to delete data if it meets one of the following criteria:
The data is needed to complete a transaction
We have legal obligations for our company or industry
The data is needed for security and technical purposes
In connection with the right to free speech
Required for research as defined by the Act
There is a legitimate interest to keep the data. To understand the scope of “legitimate interest,” please see the applicable section 4. Why do we collect and how do we use your Personal Information?
We don not sell your Personal Information.
Third Party Services
How to contact us.
If you want to exercise your right to erase any personal data we hold about you under EU GDPR, please send us an email to email@example.com.