Privacy Policy

We take your privacy seriously. Habla, Inc. (“Olark”, or “we”, or “our”, or “us”) has created this privacy policy (this “Privacy Policy”) in order to explain our privacy practices. The following discloses our information-gathering and -dissemination practices for the communication services offered by us using our services, interacting with our third party partners (“Partners”), or interacting with us directly (the “Services”).

By using the Services, you do hereby warrant and represent that you have read, understand and agree to all terms and conditions stated herein, and our Terms of Service, currently available at http://www.olark.com/tos (the “Terms of Service”). This Privacy Policy is incorporated into, and considered a part of, the Terms of Service, and any terms not defined herein have the meanings ascribed to them in the Terms of Service. This Privacy Policy and the Terms of Service govern the collection of information and use of the Services offered by Olark, and by using the Services you are giving Olark permission to use and store such information consistent with this Privacy Policy and the Terms of Service.

Any user of the Services is hereinafter referred to as a “User,” or collectively, the “Users.” In this Privacy Policy, “you” and “your” refer to an individual User.

Users outside of the U.S.

Important Information for Users Outside of the U.S. – Transfer of Data

WE PRIMARILY STORE DATA ABOUT YOU, INCLUDING PRIVATE INFORMATION, ON SERVERS LOCATED AND OPERATED WITHIN THE UNITED STATES. IF YOU RESIDE OUTSIDE OF THE UNITED STATES, IN ORDER TO PROVIDE AND OPERATE THE SERVICES, WE MAY SEND AND STORE YOUR PRIVATE INFORMATION (ALSO COMMONLY REFERRED TO AS PERSONAL DATA) OUTSIDE OF THE COUNTRY WHERE YOU RESIDE OR ARE LOCATED, TO THE UNITED STATES. THEREFORE, OUR COLLECTION AND USE OF YOUR PRIVATE INFORMATION IS SUBJECT TO THE UNITED STATES’ LAWS RELATED TO PRIVACY AND USE OF PERSONAL DATA AND INFORMATION. THESE LAWS, INCLUDING WHAT IS DETERMINED TO BE “PERSONAL DATA AND/OR INFORMATION,” ARE DIFFERENT AND MAY BE LESS PROTECTIVE THAN THOSE APPLICABLE TO YOU IN YOUR COUNTRY OF RESIDENCE. BY ACCEPTING THE TERMS OF THIS PRIVACY POLICY, YOU ACKNOWLEDGE, AGREE AND CONSENT TO (1) THE TRANSFER TO AND PROCESSING OF PRIVATE INFORMATION ON SERVERS LOCATED OUTSIDE OF THE COUNTRY WHERE YOU RESIDE, (2) OUR COLLECTION AND USE OF YOUR PRIVATE INFORMATION AS DESCRIBED HEREIN AND IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES THAT MAY BE DIFFERENT AND MAY BE LESS PROTECTIVE THAN THOSE IN YOUR COUNTRY AND (3) THAT YOU ARE TAKING A RISK BY USING THE SERVICES. IF YOUR PERSONAL INFORMATION IS TRANSFERRED FROM THE EUROPEAN ECONOMIC AREA TO OLARK LOCATED IN THE UNITED STATES, PLEASE SEE THE PRIVACY SHIELD SECTION BELOW.

EU-US and Swiss-US Privacy Shield

Olark’s commitment to comply with the Privacy Shield Principles

Olark is a participant in the Privacy Shield and has self-certified to the Privacy Shield Frameworks. Olark confirms it commitment to comply with the EU-US Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the European Union and Switzerland to the United States, respectively. Olark has certified to the Department of Commerce that it adheres to each of the Privacy Shield Principles: Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.

Accountability for onward transfers

Olark’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Olark remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Olark proves that it is not responsible for the event giving rise to the damage.

Right of access

You have a legal right to request the personal information about you held by us. On request, we will provide you with a copy of this information. You also have a right to correct, amend or delete such personal information where it is inaccurate or has been processed in violation of the Privacy Shield Principles.

Resolution of disputes and complaint mechanism

In compliance with the Privacy Shield Principles, Olark commits to resolve complaints about your privacy and our collection or use of your personal information. If European Union or Swiss individuals have any queries related to the processing of your personal information under the Privacy Shield framework, we encourage you to contact us directly in the first instance at: privacy@olark.com or Olark Privacy, 205 ½ N Main St., Ann Arbor, MI 48104.

Independent recourse mechanism

In compliance with the EU-US and Swiss-US Privacy Shield Principles, Olark commits to resolve complaints about your privacy and our collection or use of your personal information.

European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Olark at:

privacy@olark.com

OR

Privacy Shield Compliance
Habla Inc. ("Olark")
205 ½ N Main St.
Ann Arbor, MI 48104

Olark has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Binding arbitration

As further explained in the Privacy Shield Principles, a binding arbitration option before the Privacy Shield Panel will also be made available to you in order to address residual complaints not resolved by any other means.

Enforcement

Olark is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). Please be aware that Olark may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Collection.

In the course of your use of the Services, Olark or third-party vendors contracted by us will collect, use, disclose, store, process, and transfer to the United States and/or other countries data that allows someone to identify or contact you, such as your geographic location of the device you are using to access the Services or any of the following information (collectively your “Private Information”):

All data transfers from the European Economic Area and Switzerland are covered under the EU-US Privacy Shield and Swiss-US Privacy Shield Frameworks respectively.

Use.

We use your Private Information only:

If you provide us personal information about others, or if others give us your information, we will only use that information for the use described when the information was requested.

Cookies.

When you visit websites on the Internet, your browser may automatically transmit information to the websites you visit throughout every visit. Like many websites, we may use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. You consent to the use of cookies, web beacons, and log file information to: (i) operate the Services, (ii) store information so that you will not have to re-enter it during your visit or the next time you login to use the Services; (iii) provide custom, personalized content and information; (iv) monitor the effectiveness of our marketing campaigns; (v) monitor aggregate metrics such as total number of visitors and pages viewed; and (vi) track your entries, submissions, and status in promotions, sweepstakes, and contests. If you are logged in to your account, we may associate the Private Information with your account. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Services and then close your browser. Third party tools in the Services may also place or read cookies on your browser and we may use Flash cookies (or local shared objects) to store your preferences or use on the Services to personalize your visit. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Services. We and our service providers may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means in connection with the Services and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, to determine the success of marketing campaigns and to compile aggregate statistics about Services usage and response rates. We may also engage one or more third party service providers to serve online advertisements on our behalf. They may use a “pixel tag” to collect information about your visits to the Services and to other websites, and they may use that information to target advertisements for goods and services. We will not share this information with third parties in a manner that personally identifies you.

Third-party services.

We may share or collect your Private Information in collaboration with our third party service providers (“Partners”), including companies that assist with payment processing, business analytics, data processing, account management, and other services. We instruct these Partners to not use your Private Information themselves or share it with another party not under a similar contract to provide service to us, and to only use your Private Information for the specific services we have requested for us or on your behalf.

Do not track signals.

You may have implemented a “do not track” signal through your browser. As there currently is no fixed standard for do not track signals, we currently do not respond to do not track signals from your web browser.

Personnel.

We will only disclose Private Information to our staff as they need to know and we will ensure such personnel protect Private Information as required in this Privacy Policy. We do not sell your Private Information to non-agent third parties.

Accountability.

We will take all appropriate legal, organizational, and technical measures to protect the Personal Information, keeping in mind the nature of such data. Olark shall hold those of its employees with access to personal data accountable for violations of this agreement imposing sanctions, which include, where appropriate, the possibility of termination of contracts and employment.

Further disclosure.

We may share with third parties non-personal information, public information, and anonymized aggregated data pursuant to this Privacy Policy. We may also disclose your Private Information: * as required by law such as to comply with a subpoena, or similar legal process; * 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 government request; * if we are involved in a merger, acquisition, or sale of all or a portion of our assets, you will be notified via email and/or a prominent notice within the application of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information; * to any other third party with your prior consent to do so.

Choice/Opt-Out

You may opt-out of receiving communications from us and our partners, remove your information from our database, and choose to not receive future communications unrelated to the Services by cancelling your account; if you wish to do so, please contact us at privacy@olark.com.

When you register for the Services we will include you in marketing correspondence from Olark, which you can opt-out of at any time using the ‘unsubscribe’ option in the email. If you use the Services, we may occasionally contact you with information about special events, sales, activities, promotions, contests, submission opportunities and programs. You always have the option to ask Olark not to contact you with this information again. If you receive unsolicited email from an Olark domain after opting out, please contact us at privacy@olark.com.

Retention.

To preserve the integrity of our Services, we may also retain information submitted by Users for an indefinite length of time, even after the termination of your account or your relationship with us as governed by the Terms of Service. We will not share Private Information in backups with third parties unless compelled to by law.

Requests to Access, Edit, or Delete Information.

You have a right to access your personal information. Please contact us at privacy@olark.com to find out how to access and change information you cannot access through your account. You may edit your account information when logged in to the Services at any time – all you need is your username and password. Olark shall, upon request and promptly using commercially reasonable efforts, correct, delete, and/or block Private Information from further processing and/or use except to the extent required by law. You can request deletion or correction of your Private Information by contacting Olark at privacy@olark.com.

Becoming an example customer.

Would you like to be an example customer, write a testimonial, be highlighted in our newsletter or other communications? Let us know. Otherwise, we will not use you as an example or reference customer in our marketing, communications, or promotional material without your prior consent.

Notification of Changes

Olark’s security and Privacy Policy are periodically reviewed and enhanced as necessary. This policy might change as Olark updates and expands the Services. Olark will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. Olark also encourages you to review this Privacy Policy periodically. If you do not understand any of the terms or conditions of any of Olark’s policies, you may inquire regarding the same via email at privacy@olark.com.

Children’s Privacy and Note to Parents and Guardians

We do not knowingly collect personal information from children under 13 years of age. The Services are not directed to children under the age of 13 and children under 13 are not permitted to use the Services. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database. If you are a parent or guardian of a child under the age of 13, and you believe that your child has provided us with personal information, please contact us using the information in the “Contact Olark” section at the end of the Privacy Policy.

Contact Olark

If you have any questions about the Privacy Policy, please contact us at privacy@olark.com.

Copyright © 2017 Habla, Inc.