Updated Feb 23rd, 2023
Microchat LLC. (“Company“,“Microchat”) appreciates your trust and is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you what data we collect, why we do so, and what we do with it. It applies to the personal information we collect from users of the Web-based Microchat application (the “Web App”).
This Privacy Policy is subject to occasional revision. When changes are made, the Company will make a new copy of the Privacy Policy available at the Site. Any changes to this Privacy Policy will be effective upon thirty (30) calendar days following our posting of the changes on our Site. These changes will be effective immediately for new users of our Service. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site, Application or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
We collect personal information from users or prospective customers during their use of the website, use of our products, or communication with our employees. This includes: (1) basic data passed during message transmission (including, but not limited to, message content, emails, photos, files, and message count/volume), (2) information entered in website forms or when creating or using accounts, (3) mobile device information including mobile device identification, service provider, and location, (4) payment information, and (5) information or feedback provided through e-mail, voice, letter, or online posting. We also collect data (including conversations, and email message data) from general chat conversations or emails.We also collect information using technology. We gather (1) clicking, browsing, and use data/patterns (including, but not limited to, information gathered through “cookies” and “pixel tags” as well as information about your IP address, browser, internet service provider, pages, operating system, date/time stamps, and clickstream data), (2) information about mobile devices, use of our app, or app performance and (3) information (via “pixel tags”) about how emails we have sent have been accessed. Third party advertisers or data analytics providers also gather similar information and/or match this information to that from other sources.
Like many online services, we and our service providers use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Company Properties. This type of information is collected to make the Company Properties more useful to you and to tailor the experience with us to meet your special interests and needs.
General Use. In general, personal information you submit to us is used to provide the Services, for our direct marketing purposes, to respond to requests that you make, or to aid us in serving you better. We will also use the information to contact you via e-mail for (1) verification, (2) marketing/promotional purposes, (3) enrollment/activation activities, (5) response to your request/inquiry, (6) encouraging or enabling your use of the Services including, but not limited to, specific features, (7) billing inquiries, (8) to address possible inappropriate use, or at our Company’s discretion, (9) to provide users material updates related to the Services
We may use personal data, including chat history, to provide products and/or services to you, enhance the operation of the Website, analyze Services use, improve and improve the Website and to tailor your experience with third parties as provided below in this Privacy Policy. If you use our Website to send information to another person, we may store your personal information. We may also use personal information to troubleshoot, resolve disputes, enforce our agreements with you, including our Terms of Service and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.
We retain your Personal Data for as long as necessary to provide you with our Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.
If you have an account with us, we will typically retain your Personal Data for a period of ninety (90) days after you have requested that your account is closed or if it's been inactive for seven (7) years.
Data protection law provides you with rights in respect of Personal Data that we hold about you, including the right to request a copy of the Personal Data, request that we rectify, restrict or delete your Personal Data, object to profiling and unsubscribe from marketing communications.
For the most part, you can exercise these rights by logging in and visiting the My Account page or changing the "cookie settings" in your browser (see our Cookie Policy for more information). There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation.
Non-Personally Identifiable Information is information that does not identify a specific person. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to our Website, the URL of the website you visit after leaving our Website, the type of browser you are using, your Internet Protocol (“IP”) address, or general and/or aggregated location data that does constitute personally identifiable information, and cannot be used as an identifier to discern you as a data subject.
We may create anonymous data records from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Services and improve Website and Apps navigation. We reserve the right to use anonymous data and aggregated and other de-identified information for any purpose and disclose anonymous data to third parties in our sole discretion.
We may share your personal information with third party service providers: (1) to provide you with the Services that we offer you through our Site, (2) to enable chat or email transmission, (3) to conduct quality assurance testing or audits, (4) for our own marketing purposes, (5) to facilitate enrollment and creation of accounts, (6) to provide technical support, (7) to facilitate data storage, (8) for billing, (9) to manage sales accounts, and/or (10) to provide other services to our Company. These third party service providers are required to not use your personal information other than to provide the services requested by our Company.
This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by us (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Regardless of any choices you make regarding your personal information (as described below), our Company may disclose your personal information if it believes in good faith that such disclosure is necessary (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (iii) to protect or defend the rights or property of Company or users of the Application or Services.
Our Services are not directed to children and we do not intentionally gather personal information from visitors who are under the age of 13. If a child under 13 submits personal information to Company and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at support@Microchatnow.zohodesk.com.
If we are subject to a merger or acquisition with/by another company, we may share information with them in accordance with our global privacy standards. Should such an event occur, we will require that the new combined entity follow this privacy notice with respect to your personal information. If we intend to handle your personal information for any purposes not covered in this privacy notice, you will receive prior notification of the processing of your personal information for the new purposes.
Personal information will not be used for third party marketing purposes with the following exceptions: (1) Third party analytics companies or advertisers on our website may collect and use information via their own technical tools such as cookies. This policy does not apply to, and we are not responsible for, cookies used by analytics companies or in third party ads. We encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technologies. And, (2) third parties may track and record user clicking/browsing data as related to retargeting display ads.
We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. We may post user feedback on the Company Properties from time to time. We generally will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting your name with your feedback.
We use industry standards of security to secure data during transmission and storage. We use the SSL (Secure Socket Layer) technology to protect your sensitive information during transmission and transaction. We employ random audits to make sure we reduce the risks of fraudulent transactions or transmission as well.
You may indicate a preference to stop receiving further marketing e-mail from us and may “opt-out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly (please see contact information below). Despite your indicated email preferences, we may send you service related communications.
You may change certain elements of personal information in your Account by logging into the Site. You may requested deletion of your personal information by us, and at our discretion, we may use commercially reasonable efforts to honor your request; but, please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.
Some of our Apps and Services may enable you to post content to SNSs (e.g., Facebook or Twitter). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.
If you are a non-U.S. user of the Services, by using our Services and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in the Privacy Policy. In addition, your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less protective than the laws in your country. By providing your data, you consent to such transfer.
We participate in and comply with the EU-U.S. and Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Data transferred from European Economic Area ("EEA") member countries, Switzerland and the United Kingdom (UK) to the United States.
If you are visiting the Services from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Data will at all times continue to be governed by this Privacy Policy.
The GDPR requires us to tell you about the legal ground we're relying on to process any Personal Data about you. The legal grounds for us processing your Personal Data for the purposes set out above will typically be because:
As Microchat is a global company, we may need to transfer your Personal Data outside of the country from which it was originally provided. This may be intra-group or to third parties that we work with who may be located in jurisdictions outside the EEA, Switzerland and the UK which have no data protection laws or laws that are less strict compared with those in Europe.
Whenever we transfer Personal Data outside of the EEA, Switzerland or the UK, we take legally required steps to make sure that appropriate safeguards are in place to protect your Personal Data. For Personal Data we receive from the EEA, Switzerland and the UK, Microchat has certified its compliance to the EU-U.S. and Swiss-U.S. Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from those countries.
EU data protection law makes a distinction between organizations that process Personal Data for their own purposes (known as "data controllers") and organizations that process personal data on behalf of other organizations (known as "data processors"). If you have a question or complaint about how your Personal Data is handled, these should always be directed to the relevant data controller since they are the ones with primary responsibility for your Personal Data. Microchat may act as either a data controller or a data processor in respect of your Personal Data, depending on the circumstances.