Effective Date: August 23, 2018
1. What does LivePerson do?
LivePerson provides mobile and online messaging technologies that enable digital communication between our business customers and consumers through chat, voice, messaging and other methods.
2. What information do we collect from you?
If you engage with a brand that uses our Services, we may collect:
- Chat and messaging transcripts on behalf of the brand,
- Information on behalf of and/or requested by the brand, such as information related to your browsing, purchasing and online behavior and activities, and
- Automatic information, such as IP address, operating system and type of device used.
If you visit our websites or use our apps, we may also collect:
- Information you provide to us, including:
- Personal information, such as your name and contact information,
- Surveys, transcripts and recordings of your communications with us,
- Information you provide to our website communities (such as the Labs Community, Developer Community and Customer Community), message boards and blogs
- Automatic information, such as:
- Web browser and usage information, including IP address, browser types, page view tallies, time spent on each page, page browsing information, operating system and type of device used.
3. How does LivePerson collect information from you?
We collect information when you engage with a brand that uses our Services, which may be enabled on the brand’s website or in its mobile applications, voice or SMS messaging capabilities, social media page/profile or other digital engagement solutions.
In addition, we may collect information through the following methods if you visit our websites or use our apps:
- Your communications with LivePerson,
- Your requests for information, news and other content,
- Your participation in one or more LivePerson communities, message boards or blogs,
- A technical support request you submit,
- Your participation in a LivePerson promotion, or
- Recruitment and job applications.
We may also collect information from our direct interactions with you (such as through your attendance at a trade show or through sales inquiries), publicly available data or data provided by third-party sources, such as marketing opt-in lists.
4. How does LivePerson use the information it collects about me?
We use the information we collect to provide and improve our services. We process your information if you have given your consent; if it’s necessary to perform a contract with you or to take steps at your request prior to entering into a contract; if it’s necessary to comply with legal obligations; or if it’s necessary for us or a third party (such as a brand) to pursue a legitimate interest.
If you engage with a brand that uses our Services, we use the information we collect on behalf of and as directed by the brand. For example, we may use your information to determine whether to deploy a chat button to allow the brand to engage with you or to deploy content, such as a banner offering a coupon, on your browser.
If you visit our websites or use our apps, we may also use your information for the following purposes:
- To deliver information requested by you, for example in response to technical support requests,
- To deliver marketing or other materials to you,
- For promotions you may enter into, or
- If you submit a resume or CV, to considering you for employment with LivePerson.
LivePerson may retain your information for a period of time consistent with the original purpose of collection. For example, if you engage with a brand that uses our Services, we may retain your information for the period of time agreed on with the brand. We may also retain your information during the period of time needed for LivePerson to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes, and enforce our agreements.
Cookies are small text files stored on a visitor’s web browser and applications. Cookies are often used to make web-browsing easier by performing functions such as saving passwords and maintaining lists of personal preferences regarding the use of the website.
Our websites, apps and Services may use the following types of cookies:
- Strictly Necessary Cookies – these cookies are essential to enable you to browse our websites, apps and Services and use the available features.
- Performance Cookies – these cookies collect information about how you use our websites, apps and Services. For instance, these cookies track which pages you visit most. This data may be used to help optimize our websites, apps and Services and make it easier for you to navigate within them. These cookies do not collect information that identifies you; all information is aggregated and anonymous.
- Functionality Cookies – these cookies allow our websites, apps and Services to remember choices you make while browsing, such as geographic location and preferences such as text size and fonts. The information collected by these cookies will not personally identify you.
Other identification technologies that may be used by LivePerson websites, apps and Services:
- Pixel tags (also called beacons or pixels) – these are small blocks of code installed on (or called by) a webpage or application, which can retrieve certain information about your device and browser, including device type, operating system, browser type and version, website visited, time of visit, referring website, IP address and other similar information.
- Software Development Kits (also called SDKs) - function like pixels and cookies, but operate in the mobile application context where pixels and cookies cannot always function. The application developer can install pieces of code (the SDK) into the application to collect certain information about user interaction with the application and information about the user device and network information.
For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org and www.youronlinechoices.eu.
Do Not Track
Various browsers, including Internet Explorer, Firefox and Safari, currently offer a “do not track” or “DNT” option that relies on a technology that sends a signal to websites a user visits about that user’s browser DNT preferences. While LivePerson attempts to honor the DNT instructions received from a user’s browser, LivePerson cannot guarantee that it will always respond to such signals because a common industry standard for DNT has not been adopted. LivePerson will continue to monitor developments around DNT browser technology.
6. Sharing of information collected
Brand you have engaged with through the Services
If you engage with a brand that uses our Services, we may share your information with that brand.
For legal reasons
To deliver and improve the Services
We may aggregate information so that it is not personally identifiable and use and share such aggregated information for training and quality assurance purposes and to deliver and improve our Services.
We use a limited number of third-party service providers to assist us in making our websites and Services available to visitors and users. For example, we may share data with third parties who provide services to us, such as credit card processing services, analytics and data storage services. These third parties may access, process or store personal data in the course of providing their services.
7. Access and changes to personal data
If you elect to engage in any communication or engagement session with LivePerson or a customer that uses our Services, it is up to you to decide what, if any, information to provide during such session. Depending on your request, it may not be possible for us or our customer to address all of your questions without further information from you. Nevertheless, if you do not wish to provide certain information, then you should not do so.
8. How can I review, correct, delete, transfer, or receive a copy of my information or withdraw my consent to process my information?
If you have signed up to receive LivePerson’s marketing or advertising communications, you may, at any time, opt out of receiving further communications by clicking on the opt-out link at the bottom of a marketing or advertising email you receive. You may also contact us at firstname.lastname@example.org to opt out or to request changes to your personal information.
You may request to review, correct, delete, transfer or receive a copy of any of the personal information you’ve provided to a Brand that uses the Services or withdraw your consent to LivePerson processing your personal data by either contacting the brand directly or by contacting us at email@example.com, and we will respond within 30 days and can help coordinate with and support the brand as needed to respond to your request.
If you believe that we have not been able to assist you with your inquiry, and you are located in the European Economic Area, you have the right to file a complaint with the relevant supervisory authority.
9. How does LivePerson keep my information secure?
We use security measures designed to protect against the loss, misuse and alteration of the information under our control. For certain LivePerson Services, chat/messaging transcripts are encrypted during transmission. In addition, transcripts that we store are maintained and archived on secure, hardened servers that are hosted on highly secure data centers. Access to this data is protected by multiple layers of controls, including firewalls, role-based access controls, authentication mechanisms and monitoring. Data is backed up, and archives are stored off-site in a secure location. We also offer additional encryption functionality and data masking to our customers.
If you are communicating with a brand that uses our Services, you should review the privacy practices of that brand to understand which security measures they use.
10. Additional mobile considerations
In addition to the other terms in this policy, if you use our mobile applications, access our mobile-optimized websites or have a conversation with a LivePerson customer that uses our Services in its mobile application, we may receive information about your mobile device, including a unique identifier for your device.
If you receive SMS messages from LivePerson, you may opt out by following the opt-out instructions that we provide or by contacting us at firstname.lastname@example.org.
If you receive SMS messages from one of our customers, you may opt out by following the opt-out instructions provided by the brand you are communicating with or by contacting the brand. You may also contact us at email@example.com, and we can help put you in touch with the brand regarding your request.
11. LivePerson communities, message boards and blogs
12. International data transfers
If you are located outside of the United States, please note that we may transfer your personal data outside your country of origin. By providing or making available your personal data, you consent to that transfer.
LivePerson, Inc. and its subsidiary Contact at Once!, LLC adhere to the principles of the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework regarding the collection, use and retention of personal information transferred from the European Union and Switzerland, respectively, to the United States and have certified our compliance with the U.S. Department of Commerce. To learn more about the Privacy Shield Framework and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield website at www.privacyshield.gov.
As mentioned above, we use a limited number of third-party service providers to make our websites and Services available that may access, process, or store personal data in the course of providing services. We currently maintain contracts with these third parties restricting their access, use and disclosure of personal data. LivePerson is responsible if these third parties process personal data in violation of the Privacy Shield principles (unless LivePerson can prove that it’s not responsible for the third party’s action that violated the Privacy Shield principles).
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
EU and Swiss individuals have the right to access personal data about them, and to limit use and disclosure of their personal data. With our Privacy Shield certifications, LivePerson has committed to respect those rights. Because our personnel has limited ability to access personal data our customers submit through our Services, if you wish to request access to or to limit use and/or disclosure of your personal data, please contact us with the name of the LivePerson customer through which you used our Services. We will refer your request to that customer, and will support them as needed in responding to your request.
Any inquiries or complaints regarding our data privacy practices or Privacy Shield compliance may be directed to firstname.lastname@example.org or to our external Data Protection Officer Prof. Dr. Christoph Bauer at ePrivacy GmbH at Große Bleichen 21, 20354 Hamburg, Germany. We will respond within 30 days and provide appropriate recourse at no cost to you. If we fail to respond within that time, or if our response does not address your concern, you may contact JAMS at www.jamsadr.com, an independent third-party dispute resolution mechanism based in the United States. If neither LivePerson nor JAMS resolves your complaint, the Privacy Shield Panel, a binding arbitration mechanism provided under the Privacy Shield program, may be available to you.
The Services are not directed to individuals under 18. If you are under the age of 18, you may not use the Services or provide any personal information to us without a valid parental or legal guardian consent. LivePerson does not knowingly collect personal information from individuals under the age of 18. If you are a parent of an individual under 18 and believe your child has provided personal information to LivePerson, or if you are a California resident under the age of 18 and wish to remove content you have made publicly available, please contact us at email@example.com, where you may request to exercise your applicable access, rectification, cancellation, and/or objection rights. LivePerson reserves the right to immediately delete the information of any individual, to the extent permitted by law, who it believes is under the age of 18.
We are not responsible for and do not control the privacy practices of any of our customers or any other third party. We encourage you to review the privacy practices of each third party.