Privacy Policy

We take your privacy seriously. Habla, Inc. (“Olark”, or “we”, or “our”, or “us”) has created this Privacy Policy to explain how we collect, store, use and protect your information. This Privacy Policy explains our information handling practices when you use our communication services, interact with our website, or interact with us directly (collectively the “Services”).

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.

1. Acceptance of Policy

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”).

Please note, to the extent you reside outside the United States, the European Economic Area, the United Kingdom, or Switzerland, please be advised that by accepting the terms of this Privacy Policy, you acknowledge, agree and consent to the transfer to and processing of personal information on servers located outside the country where you reside and that our collection and use of your personal information accordance with the laws of the United States that may be different and may be less protective than those in your country.

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.

2. Notification of Changes

Olark’s security and Privacy Policy is periodically reviewed, might change as Olark updates and expands the Services. Olark will endeavor to notify you of these changes but will not be liable for any failure to do so. Once the new Policy is posted, the Policy will become effective after your continued use of the Services. We may provide additional “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific Services. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your Personal Information.

Olark encourages you to review this Privacy Policy periodically. If you have any questions you can contact us at privacy@olark.com.

3. Our Relationship to You

It is important that you identify which relationship(s) you have with Olark to understand Olark’s data protection obligations and your rights to your Personal Information under this Privacy Policy. Olark has the following relationships:

Hereinafter we may refer to Customers and Users collectively as “you.”

4. Collection

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.

5. Use & Purpose

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 all purposes listed above, pursuant to the EU General Data Protection Regulation (“GDPR”) or any equivalent legislation (collectively “Data Protection Laws”), we process your Personal Information based on our contract with you.

Designated Countries: Pursuant to the Data Protection Laws, we process this Personal Information based on your consent.

Designated Countries: Pursuant to the Data Protection Laws, we process this Personal Information to satisfy our legitimate interests as described above.

Designated Countries: Pursuant to the Data Protection Laws, we process this Personal Information to satisfy our legitimate interests as described above.

Designated Countries: Pursuant to the Data Protection Laws, we process this Personal Information to comply with our legal obligations.

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. Please ensure you have proper consent to share such information with us.

6. Third-party services

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.

7. Further disclosure

We may share with third parties non-Personal Information, public information, and anonymized aggregated data pursuant to this Privacy Policy and as permitted by Data Protection Laws. We may also disclose your Personal Information in the following instances:

Designated Countries: Pursuant to the Data Protection Laws, we process this Personal Information to satisfy our legal obligations, protect your vital interests or process data in the public interest, based on our legitimate interests, and your consent, respectively.

8. Personnel

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

9. Becoming an example customer

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.

10. 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 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 privacy@olark.com.

11. 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.

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. We do not control how third-party cookies are used. You should check the relevant third-party’s website for more information about how they use cookies. Both first party and third-party cookies can be serve a number of different functions, such as analytics, marketing and advertising.

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.

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: Pursuant to the Data Protection Laws, we process this Personal Information to satisfy our legitimate interests as described above. As required by law, we will ask for your consent.

12. 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.

13. 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 Information accountable for violations of this agreement imposing sanctions, which include, where appropriate, the possibility of termination of contracts and employment.

14. Security

The security of your Personal Information is important to us. Our service providers are required 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 that 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 privacy@olark.com.

15. 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 Personal Information in backups with third parties unless compelled to by law.

16. Requests to Access, Edit, or Delete Information

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 Personal Information from further processing and/or use except to the extent required by law. You can request deletion or correction of your Personal Information by contacting Olark at privacy@olark.com.

17. California Privacy Rights

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 privacy@olark.com.

18. Children’s Privacy and Note to Parents and Guardians

We do not knowingly collect Personal Information from children under 16 years of age. The Services are not directed to children under the age of 16 and children under 16 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 16, 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 16, 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 this Privacy Policy.

19. Users Outside the U.S. and the Designated Countries

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 an operated within the United States. If you reside outside of the United States, to provide an operate the Services, we may send and store 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.

20. Users in Designated Countries

This section only applies to individuals residing in a Designated Country. To the extent any part of this section conflicts with the terms in other parts of the Privacy Policy, the terms of this section will apply to residents of Designated Countries.

Our Role

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 gdpr@olark.com.

We describe our legal bases for processing in Section 5 (“Use & Purpose”) and Section 7 (“Further Disclosure”) of this Privacy Policy. We may process your Personal Information if you consent to the processing, to satisfy our legal obligations, if it is necessary to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you, as necessary to protect your vital interests, as necessary to process in the public interest, or for our legitimate interests to protect our property, rights or safety of Olark, our employees, our customers or others.

Marketing

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 privacy@olark.com. 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.

Individual Rights

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 gdpr@olark.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 dpo@olark.com.

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 its commitment to comply with the EU-U.S. 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 (including the European Economic Area) 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.

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.

Resolution of Disputes and Complaint Mechanism

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: privacy@olark.com or Olark Privacy, 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.

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.

21. Contact Olark

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

Copyright © 2018 Habla, Inc.