Last updated: August 31, 2020
We at OhWhatAChat know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing the Services and Site and/or Apps in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.
Remember that your use of OhWhatAChat’s Services and Site is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use. The term Site or Website is used indistinctly in this Privacy Policy.
If you are an EU resident, citizen or visitor, our EU Individuals Section also applies to you.
This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services or Site, but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information in connection with our Services and Site including to personalize, provide, and improve our Services, to allow you to set up a user account, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below. As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact by clicking here.
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. 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.
If you do not agree with this Privacy Policy, do not access or use the Site, Services and/or Apps. By accessing or using the Site, Services and/or Apps you agree to this Privacy Policy.
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 and in relation to the Client´s business.
Topics:
1. Data controller of your Personal Information
OhWhatAChat Inc., d/b/a OhWhatAChat, having its principal business at 651 N. Broad Street, Suite 206 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, click here.
2. Personal Information which is collected
In the context of rendering our Services, we may collect information about you. This information regularly includes the following:
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.
Also, when you interact with us through the Site or Services, we collect automatically certain information such us IP address, device identification, browser data, browser type (user agent, browser version, etc), device type, device model, operating system version, screen resolution, information on your usage of our Website (list visited pages, etc) and online activities and information obtained with the use of cookies (see section 9 below).
● If you use our Services as a Client (and you are a natural person or a company representative): We collect Personal Information from our prospective Clients when we receive a request for the usage of our Services. This includes names and contact information of prospective Clients and/or Client’s representatives, and any information relating to the Client’s needs. We also collect Personal Information that is entered on our Site or sent to us electronically, for example when you complete a web form to give Personal Information to us directly (such as on our “Contact Us” page), when you voluntarily provide such information such as when you register for access to the platform, contact us with inquiries or respond to one of our surveys. We shall collect the following data: Your name, surname, gender, language settings, time zone, geolocation, and the necessary information related to your business which may be needed to appropriately render the Services (as set forth in Client Service Agreement). Also, when you interact with us through the Site or Services, we collect automatically certain information such us IP address, device identification, browser data, browser type (user agent, browser version, etc), device type, device model, operating system version, screen resolution, information on your usage of our Website (list visited pages, etc) and online activities and information obtained with the use of cookies (see section 9 below).
● 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.
The information we collect through the use of the Site is: IP address, geolocation data, device identification, browser data, browser type (user agent, browser version, etc), device type, device model, operating system version, screen resolution, information on your usage of our Website (list visited pages, etc) and online activities and information obtained with the use of cookies (see section 9 below).
● If you are an individual who communicates with chatbots that have been created using our Services, or with a Chatter, through our Website, we may collect information such as your name, gender, location and time zone. If you provide your Facebook, Google or other third-party account credentials to us, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy; for example, when you log in to our Services using your Facebook or Google, we may receive your personal information associated with that account.
Please note that this Privacy Policy does not cover Personal Information you provide to our clients when using chatbots that are located on our clients’ websites, or when contacting them through a Chatter, as we do not control the means and purposes of such personal data processing. Typically, our clients, who are owners of chatbots created through our Service will be able to collect your conversation history with the client’s chatbot, and information contained in your public social media profile, such as your name, your profile photo, your time zone, your gender, your language settings, and any other information you provide through the said chatbot. Our clients may also use third party product integration to receive and process personal information you have provided. Please consult our clients’ privacy policies for such data processing activities.
3. 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 and information on your requested Services may be necessary for the performance of our contractual obligations. Without providing this information, you will not be able to order certain Services or enter into a contract with us.
● Personal Information collected via the use or view of our Website: we collect passive information through the use of cookies. Please see section 9 below for more information.
● Personal Information we receive from others: We may receive Personal Information about users from third parties such as social media sites (“Third Party Account Information” as described above), law enforcement agencies, and marketing consultants.
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).
4. Why do we collect and how do we use your Personal Information?
We use the Personal Information you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Information for a certain reason, we will use the Personal Information in connection with the reason for which it was provided. The reasons for using your Personal Information may differ depending on the purpose of the collection. Regularly we use your information for the following purposes and on the following legal grounds:
● 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.
● 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.
● 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 following this link.
● 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.
5. With whom we share your Personal Information
We will share your Personal Information with the following third parties:
● Service providers and advisors: Third party vendors and other service providers that 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. These third parties include: Google, Facebook, etc.. 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.
● Promotional partners: Third parties with whom we partner to provide promotional activities, which will be identified by name in the context of these activities.
● Purchasers and third parties in connection with a business transaction: Personal Information may be disclosed to third parties in connection with a OhWhatAChat-related transaction, such as a merger, sale of OhWhatAChat’s assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business, or in the event of a bankruptcy or similar proceedings.
● Law enforcement, regulators and other parties for legal reasons: Third parties as required by law or subpoena 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.
6. How do we store your Personal Information? How long do we keep your information?
We securely store your Personal Information at Google Cloud Platform.
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.
7. 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.
8. How do we safeguard your personal information when there is an international transfer?
As we are located in the USA, any information you provide, will be processed and stored in the USA. 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. If we transfer information from the European Union to third parties outside the European Union and to countries not subject to schemes which are considered as providing an adequate data protection standard, we will enter into contracts which are based on the EU Standard Contractual Clauses with these parties. If you wish to inquire further about the safeguards we use, please contact us by clicking here.
We will take reasonable steps to ensure that your Personal Information is treated securely and in accordance with applicable law and this Privacy Policy.
9. What are cookies? And how do we use them?
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.
For further information, visit https://www.allaboutcookies.org/
How do we use coookies?
We use cookies and similar technologies to distinguish you from other users of the Services and the Website. This helps us to provide you with a good experience when you browse the Website and also allows us to improve the Services. Cookies are pieces of code that allow for personalization of the Services experience by saving your information such as user ID and other preferences. We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Services; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Website; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Services.
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.
● Third party cookies. Please be aware that advertisers and other third parties may use their own cookies tags when you click on an advertisement or link on our Website. These third parties are responsible for setting out their own cookie and privacy policies.
10. How to manage cookies?
The cookies we use are designed to help you get the most from the Services and Website but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse cookies you may not be able to use the full functionality of the Services and Website. These settings will typically be found in the “options” or “preferences” menu of your browser.
11. 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.
Depending on how you use your information, these rights and choices may include the following:
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 clicking here, or you can send us an email to support@chatcenter.net. 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 clicking here.
12. EU Individuals
This section applies solely to individuals in the EU (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland). Our Privacy Policy describes why and how we collect, use and store your Personal Information, the lawful basis on which your Personal Information is processed, and what your rights and our obligations are in relation to such processing (please see “Your Rights” section below).
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 filling in this form and send us an email to: support@chatcenter.net
12.4. Data Transfers: see Section 8.
13. California Residents
13.1. Scope
This section of the policy applies solely to California residents, in accordance with the California Consumer Privacy Act of 2018 (“CCPA”). As with other provisions of the Privacy Policy, this section details what Personal Information we collect, and how and why we collect this data. It’s important to note that we shall not sell your data (as such term is defined in the CCPA), however, we may share your data through the course of business. Please see the section 5 above.
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?
14. Third Party Services
Services provided by third parties: Depending on how you have configured our Services, you may be able to use several functionalities provided by third parties. Certain of these functions need further information or personal data processed by us or the third party.
Our Website may contain links to other websites. Our privacy policy applies only to our Website, so I f you click on a link to another website, you should read their privacy policy.
If you have any questions or concerns about our Privacy Policy, the data we hold on you, or if you want to exercise your rights, please click here.
If you want to exercise your right to erase any personal data we hold about you under EU GDPR, please click here, fill in the request form and send us an email to support@chatcenter.net
16. Online Privacy Policy Updates
We may make changes to our Privacy Policy from time to time. Please review our policies regularly as updated policies will apply to your future use of our Services.
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