By accessing or 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”).
If you do not agree with or you are not comfortable with any aspect of this Policy, you should immediately discontinue access or use of our Services.
Hereinafter we may refer to Customers and Users collectively as “you.”
During your use of the Services, Olark or third-party vendors contracted by us will collect, use, disclose, store, process, data that identifies you or may make you identifiable (collectively your “Personal Information”).
When you use our Services, we generally collect the following Personal Information about you:
All data transfers from the European Economic Area, United Kingdom or Switzerland (collectively “Designated Countries”) are covered under the EU-US Privacy Shield and Swiss-US Privacy Shield Frameworks respectively.
We will not use your Personal Information for purposes other than those purposes described in this Policy or disclosed to you. From time to time we may request your permission to allow us to share your Personal Information with third parties. You can choose not to share your information with third parties. When you limit the ways we can use your Personal Information, some or all of the Services may not be available to you.
We use your Personal Information for the following purposes:
Designated Countries: For purposes of the EU General Data Protection Regulation (“GDPR”) or any equivalent legislation (collectively “Applicable Data Protection Laws”), we process this Personal Information based on our contract with you.
Designated Countries: For purposes of the Applicable Data Protection Laws, we process this Personal Information based on your consent.
Designated Countries: For purposes of the Applicable Data Protection Laws, we process this Personal Information to satisfy our legitimate interests as described above.
Designated Countries: For purposes of the Applicable Data Protection Laws, we process this Personal Information to satisfy our legitimate interests as described above.
Designated Countries: For purposes of the Applicable Data Protection Laws, we process this Personal Information to comply with our legal obligations and/or to satisfy our legitimate interests.
If you provide us with Personal Information about others, or if others give us your Personal Information, we will only use that Personal Information for the uses described when the Personal Information was provided. Please ensure you have lawful basis to share any third party Personal Information with us.
We may share or collect your Personal 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 Personal Information themselves or share it with another party not under a similar contract to provide service to us, and to only use your Personal Information for the specific services we have requested for us or on your behalf.
Designated Countries: For purposes of the Applicable Data Protection Laws, we process this Personal Information, as applicable, to satisfy our legal obligations, protect your vital interests or process data in the public interest, for purposes of our legitimate interests, or with your consent.
If you would like to be an example customer, write a testimonial, or be highlighted in our newsletter or other communications, please 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.
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 firstname.lastname@example.org.
When you register for the Services we will include you in marketing correspondence from Olark, which you can opt-out of at any time by 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 email@example.com.
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.
With your consent, we or 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. Our service providers 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.
Olark’s embedded chat (and specifically the domains olark.com, api.olark.com, assets.olark.com, nrpc.olark.com, and static.olark.com) does not collect, retain, or share data regarding a particular Customer End User’s activity across multiple websites or applications that are not owned by Olark. Olark does assign each user a unique user ID within the scope of an individual website, but does not collect or retain IP or any information except information users volunteer (for example, an email or credit card number) which would allow Olark to identify the same particular user on more than one website. For the purposes of abuse and fraud prevention, Olark may use Customer End User IP during a chat session to block fraudulent IPs, trolls, and prevent other abuse; this IP information will be destroyed after the session, including logs destroyed after 7 days.
We may use the following types of cookies and tracking technologies:
If you are logged in to your account, we may associate the cookie information with the Personal Information tied to your account.
You can instruct your browser, by changing its options under Settings or Preferences, 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 some or all portions or functionalities of the Services.
We do not control interest-based advertising cookies on our Services. If you would like more information about such cookies or to opt out of having your cookie information used by companies that are part of the Network Advertising Initiative, please visit www.networkadvertising.org/choices.
Designated Countries: For purposes of the Applicable Data Protection Laws, we process this Personal Information to satisfy our legitimate interests as described above or, to the extent required by Applicable Data Protection Laws, we will ask for your consent.
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.
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 Information accountable for violations of this agreement imposing sanctions, which include, where appropriate, the possibility of termination of contracts and employment.
The security of your Personal Information is important to us. We maintain, and require our service providers to maintain, appropriate physical, technical and administrative safeguards to protect the security and confidentiality of the Personal Information you provide to us.
However, even the best security measures are not foolproof and we cannot guarantee that loss, misuse, unauthorized acquisition, or alteration of your data will not occur. We cannot ensure or warrant the security or confidentiality of the Personal Information you transmit to or receive from us by Internet or wireless connection, including email, phone, or SMS because we have no way of protecting Personal Information that is out of our control.
You are also responsible for the security of your Personal Information. You should choose a password of sufficient length and complexity when you use our Services, and keep your password confidential. If you think there has been unauthorized access to or use of your account, please contact us immediately at firstname.lastname@example.org.
We will retain your Personal Information for so long as we have a legal basis to do so. Please contact us at Privacy@Olark.com for more information about how long we retain specific categories of Personal Information.
You may edit your account information when logged in to the Services at any time – all you need is your username and password. In addition, you may also ask Olark to correct, delete, and/or cease processing your Personal Information from further processing and/or use. It may not be possible for us to delete or cease processing all of the Personal Information we hold about you where we have an ongoing relationship with you or where we have a legal basis to retain such Personal Information. You can exercise any of your rights above by contacting Olark at email@example.com.
If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of your Personal Information with third parties for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to us at our designated address and receive the following information: (a) the categories of information we disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and (b) the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by emailing firstname.lastname@example.org.
This section only applies to individuals who do not reside in the United States, the European Economic Area, Switzerland or United Kingdom.
We primarily store data about you, including personal information, on servers located and operated within the United States. If you reside outside of the United States, to provide an operate the Services, you acknowledge, agree and consent to sending and storing your personal information outside of the country where you reside or are located, to the United States. Therefore, our collection and use of your personal information may be subject to the United States laws related to privacy and use of personal 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.
Olark is not a data controller with respect to any Personal Information processed about Customer End Users. Customers control how they use Customer End User information obtained via the use of Olark’s Services. It is your responsibility to ensure you are processing Customer End User information in compliance with applicable laws. If you process Personal Information from Customer End Users located in Designated Countries and require a Data Processing Agreement from us, please contact us at email@example.com.
If you are located in the Designated Countries and are a current Olark User or Customer, we will only contact you by electronic means (such as email or SMS) in accordance with your communication preferences and/or with information about our Services that are similar to the Services you previously purchased from us or negotiated to purchase from us.
For new Users or Customers located in the Designated Countries, we will contact you by electronic means for marketing purposes only as permitted under applicable law or subject to your consent to receiving such communications from us.
You can always withdraw your consent or change your marketing communication preferences. To opt out of the emails, please click the “unsubscribe” link in the footer of marketing emails or contact us at firstname.lastname@example.org. You can object to our marketing communications at any time and free of charge. Direct marketing includes any communications to you that are only based on advertising or promoting products and services; it does not include transactional or Service-related communications.
Olark complies with the Data Protection Laws by ensuring you have the rights described below when you use our Services. To exercise your rights, please contact us at email@example.com so that we may consider your request under applicable law. When we receive an individual rights request via email we may take steps to verify your identity before complying with the request to protect your privacy and security.
Please be advised that there are limitations to your individual rights. We may limit your individual rights: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; © to protect our rights and properties; and (d) where the request is frivolous or burdensome.
Restricted Personal Information shall only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will inform you if the restriction is lifted.
If you have questions about our retention periods, please contact us.
If you have any questions, you may reach our Data Protection Officer at firstname.lastname@example.org, and our Member Representative, DPR Group, by writing an email to email@example.com quoting “Habla, Inc. (trading as Olark)” in the subject line.
Olark’s accountability for Personal Information 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 Information on its behalf do so in a manner inconsistent with the Principles, unless Olark proves that it is not responsible for the event(s) giving rise to the damage.
If you believe we have violated your privacy rights, you have a right to lodge a complaint about your data handling practices. 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 you 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: firstname.lastname@example.org or Olark Privacy, 427 N Tatnall St #63602, Wilmington, DE 19801.
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.
You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.
As further explained in the Privacy Shield Principles, a binding arbitration option before the Privacy Shield Panel will also be made available to you to address residual complaints not resolved by any other means.
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.
Copyright © 2019 Habla, Inc.