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URL:
https://www.livechat.com/legal/for-clients/
Submission: On November 26 via api (November 26th 2024, 10:36:40 am UTC) from UA — Scanned from PL

Form analysis
3 forms found in the DOM

GET https://accounts.livechat.com/signup

<form data-append-params-target="form" action="https://accounts.livechat.com/signup" method="GET" data-controller="signup" data-action="signup#submit" class="o-input-group b--u-mb-3">
  <input type="email" name="email" class="" style="border-color: #767680;" data-signup-target="email" placeholder="Enter your email" aria-label="Business Email" required="" autocomplete="email">
  <input type="hidden" name="source_id" value="header_cta">
  <input type="hidden" name="source_url" value="https://www.livechat.com/legal/for-clients/">
  <input type="hidden" name="source_type" value="website">
  <div class="o-input-group__append">
    <button type="submit" class="c-btn v--signup">Sign up free</button>
  </div>
</form>

GET https://accounts.livechat.com/signup

<form action="https://accounts.livechat.com/signup" method="GET" data-controller="signup" data-action="signup#submit" data-expandable-signup-target="form">
  <div class="o-input-group">
    <input type="email" name="email" class="v--sm b--u-text-sm" data-signup-target="email" data-expandable-signup-target="input" placeholder="Enter your business email" aria-label="Business Email" required="" autocomplete="email">
    <input type="hidden" name="source_id" value="header_cta">
    <input type="hidden" name="source_url" value="https://www.livechat.com/legal/for-clients/">
    <input type="hidden" name="source_type" value="website">
    <div class="o-input-group__append">
      <button type="submit" class="c-btn v--signup v--sm">Sign up free</button>
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</form>

/legal/for-clients/search/

<form class="c-search c-compact-form b--u-mb-2" action="/legal/for-clients/search/" autocomplete="off">
  <div class="u-maxw-6 u-mx-auto b--u-mb-2 u-flex">
    <input data-algolia-search-target="input" class="c-search-input c-compact-form__input" placeholder="Search topics" required="" type="search" name="query">
    <button class="c-btn v--primary c-compact-form__button c-search-button-mobile" type="submit"><span class="u-hidden sm:u-block">Search</span></button>
  </div>
</form>

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LEGAL FOR CLIENTS

1. TERMS OF USE

Welcome to Text. We’re so glad you’re here. Please read the following terms
before using our Services you will be agreeing to, and will be bound by
them through the continued use of our Services. These Terms of Use along
with our Privacy Policy and Data Processing Addendum (the “DPA”)
incorporated herein, constitute the agreement (the “Agreement”) established
by and between Text, Inc. with its principal office in Boston,
Massachusetts, address: 101 Arch Street, 8th Floor, Boston MA 02110, United
States of America (referred to as ”Text”, “we” or “us” or ‘the Company")
and any person or entity registering to or using the Services supplied by
us (referred to as “Customer” and “you”) collectively “parties”,
individually “party”.

* Legal for Clients

2. MARKETPLACE TERMS

These Marketplace Terms constitute an addendum (“Addendum”) to the Terms of
Use and regulate further the relationship between Text, Inc. (referred to
as ”Text”, ”we” or “us” or ”the Company”), the Customer, and an Application
Provider creating Integration according to Developers Terms and/or
third-party application integrated with Text. By using Text Services, the
Application Provider accepts and agrees th adhere to these Marketplace
Terms along with Terms of Use of Text.

* Legal for Clients

3. TEXT'S WEBINAR TERMS

Welcome to Text’s Webinar Terms ("Terms"). 1. Why do we have these Webinar
Terms? If you are here, it means that you want to sign up for an online
upcoming event transmitted over the web using video conferencing
software “Webinar” hosted and organized by TEXT Spółka
Akcyjna (“Text”,“we”, “us” or “Webinar Organizer”) with its headquarters
located in Poland at ul. Zwycięska 47, 53-033 Wrocław, KRS: 0000290756,
NIP: 899-244-71-96, REGON: 932803200.

* Legal for Clients

4. PARTNER PROGRAM TERMS

In consideration for your participation in the Partner Program (the
“Program”) please read very carefully the Partner Program Terms and Privacy
Policy (collectively constitute the “Agreement” or “Partner Terms”). By
registering with the Program via the
website https://partners.livechat.com you agree to be bound by the Partner
Terms described herein. The Agreement is between you as Partner (as defined
below) and Text, Inc. with its principal office: 101 Arch Street, 8th
Floor, Boston MA 02110, United States of America (also “Company” or “we”),
(together “Parties”, and each separately a “Party”).

* Legal for Clients

5. LAW ENFORCEMENT

This section is for law enforcement and other properly authorized
government agencies or authorities (“Notifiers”) seeking records and
information from Text, Inc. and its affiliates to facilitate criminal
investigations or requesting an appropriate action in case of abusive or
otherwise prohibited use of Services by customers. Requests for customer or
user information In accordance with our Terms of Use and Privacy Policy
information about customers and their users is not released to any other
person or entity, except as lawfully required by appropriate legal process
(such as a valid subpoena, search warrant, court order, or other valid
legal process).

* Legal for Clients

6. DATA STORAGE AND HOSTING POLICY

This Hosting Policy describes the Text, Inc. ("Text") practices regarding
data storage and hostings and shall serve as an official reference
concerning our data safety. For the purpose of this document, hosting shall
mean storing, hosting or replicating of Service Data including for
archival, backup and log purposes. All other terms referred to in this
document shall be understood in line with definitions introduced by Terms
of Use. What that means for you?

* Legal for Clients

7. DATA PROCESSING ADDENDUM

This Data Processing Addendum, including its appendices and the Standard
Contractual Clauses (as defined below) attached hereto (collectively, the
“DPA”) is incorporated by reference to the agreement governing the use of
Text’s Services (“Agreement) entered by and between the client (“Client”,
“you”) and Text, Inc. (“Text”) and reflects the parties’ agreement with
respect to the Processing of Client Data by us on behalf of you in
connection with the subscribed Services.

* Legal for Clients

8. PRIVACY POLICY

We, Text, Inc. and our affiliate (“Text”, “Company” or “we”) value your
privacy and we are committed to safeguarding your personal information and
being transparent about the data we collect and how we use it. Our Privacy
Policy applies to all interactions you may have with Text and is intended
to help you understand our practices concerning the collection, use, and
disclosure of information. We retain the right to amend or update this
Privacy Policy at any time.

* Legal for Clients

9. LIVECHAT SECURITY AND DATA STORAGE

Data transmission and storage security is imperative in the modern
enterprise. That’s why we have taken all measures to keep all information
appropriately protected. Our data centers, provided by IBM Cloud, are
located in Texas, US and Frankfurt, EU. They are behind a number of
security clearances, and there’s always a security guard on duty. Services
provided to us by IBM Cloud are in compliance with the SSAE16 standard. We
also use AWS S3 buckets and GCP Storage services.

* Legal for Clients

10. COOKIES POLICY

At Text, we believe in being transparent about how and when we use cookies
for the purposes of giving you the best possible personalized browsing
experience of our website. What that means for you? Cookies, cookies
everywhere, right? Here you can find out why we use cookies and how you can
handle them. What are cookies? Cookies are information that is sent by us
and stored on your device in your browser’s file directory.

* Legal for Clients

THE AGREEMENT

In this section, you will find all the documents that are binding when you use
our main services as a customer. If you have questions about the rules on which
we provide you with the services, want to know how we handle your data, or have
inquiries about intellectual property, check the documents below.

DATA PROCESSING ADDENDUM

FREQUENTLY ASKED QUESTIONS

What do you mean by “the Agreement”?

By clicking the "Create an Account" button (or a similar button or checkbox that
confirms that you are signing up for the Services), you accept the Terms of Use,
Privacy Policy, and Data Processing Addendum, which together constitute a
contract between us (referred to as the "Agreement"). In the case of an Order
Form (if applicable to you), the Agreement begins to bind you on the effective
date set forth in your signed Order Form.

Do I need to sign the Agreement?

No, the Agreement does not have to be signed to be binding. Your right to access
and use the Services is expressly conditioned on your acceptance of the
Agreement. Remember, the Agreement is effective as of the earliest of the date
you register for the Services, by clicking the “Create account” button (or a
similar button or checkbox that confirms you agree/accept/sign up” for the
Services), accessing the Services, or the effective date specified in the Order
Form (the “Effective Date”).

How often do you change the Agreement?

From time to time, we may change the provisions of the Agreement. You should
remember that the updated version supersedes all prior versions and is effective
and binding immediately after posting on the website. We advise you to review it
periodically.

How do I accept this Agreement?

The Agreement is effective on the earliest of the day of your sign-up to our
services or from the date specified in the Order Form.

How do you manage dispute resolution?

In case anything goes wrong, let’s contact us, and we will try to amicably
resolve any claims, disputes, disagreements, or other matters. If it doesn’t
work, all issues will be governed by the laws of the State of Massachusetts,
United States of America.

Who can use our services?

You must be at least sixteen (16) years of age to be able to register and access
our service. We do not knowingly provide services to anyone under sixteen (16).
If it comes to our knowledge that a person under the above mentioned age is
accessing or using the services, with no liability whatsoever towards such a
person, we will prohibit and block such an account without any prior notice.

PRIVACY

Here you can find all the documents referring to how we process personal data
including the GDPR-related requirements. In this section, you can find details
on how we collect, transfer, and further use personal information.

INTERNATIONAL DATA TRANSFER

COOKIES POLICY

SUB-PROCESSORS
LIST

PREPARE YOUR CHAT FOR GDPR

FREQUENTLY ASKED QUESTIONS

What organization provides services and stores my data?

Services are provided, and your personal data are processed by Text, Inc. (101
Arch Street, 8th Floor, Boston, MA 02110, United States of America). You can
contact us via chat or at support@text.com (or via a support email).

What data do you process?

While registering for one of the services, we request you to provide us with
such information as the first name, last name, company business name, address,
website address, and email address. This is the basic data of yours that we
process and store. We also store the data (including personal data) you and/or
your customers insert into the services or other data you ask your customers for
via the service you use (i.e. in a pre-chat survey). You can find a full
description of the data processing in our Privacy Policy.

Am I a data controller or a data processor?

Firstly, you need to figure out if you process or provide the personal data of
EU citizens. If you process the personal data of European citizens, you must
comply with this regulation. You or your company (organization) may act as a
data controller. It happens when you are a natural or legal person, public
authority, agency, or other body, and you, alone or jointly with others,
determine the purposes and means of the processing of personal data. You may
also act as a data processor. It happens when – as a natural or legal person,
public authority, agency, or other bodies – you process personal data on behalf
of the data controller. Simply, when you do not determine the purposes of the
processing but use data according to the controllers’ instructions.

Should I separately sign the Data Processing Addendum?

We do not sign the DPA as a separate agreement anymore - the DPA is already an
integral part of the Agreement, meaning it does not require a separate
signature. The reason why we have included the DPA in the Agreement is the need
to simplify the work and “keep it simple.”

What can I do to become GDPR compliant using your services? How to prepare my
services for GDPR?

We store and process the personal data of your customers or users within your
connection while using our services. We especially store data provided in the
pre-chat survey, chat content, and ticket content. Thus, if you collect your
customer or users’ personal data and transfer them to us, you may need to gain
their consent and notify them you use our services. You can find the
instructions on how to customize your pre-chat survey to comply with this rule
in Prepare your chat to the GDPR. If you wish and if they meet your company’s
requirements, you can use one of (or more than one) the clauses we have prepared
for you. The clauses can be found in Chat Forms.

Where can I find a sub-processors list?

You can find more information about sub-processing rules in our DPA and check
which sub-processors have access to the personal data of your
customers/users/visitors under the following list.

Have you appointed a Data Protection Officer?

Data Protection Officer is Maciej Malesa Text, Inc. 101 Arch Street, 8th Floor,
Boston, MA 02110, United States of America, support@text.com

What about cookies?

We use cookies to provide you with the best software service possible. Cookies
are pieces of information sent by the server, and stored on a user’s computer
for the purpose of automatic identification of a particular user when using our
services or browsing the website and are used while using our services or
browsing any websites where our services are installed. You can simply delete
cookies from your browser anytime. Go to our Privacy Policy to get more info.

How does LiveChat adhere to the new EU-US DPF?

We are proud to be certified under the new EU-US DPF provisions which means that
you can be confident that your personal data will be protected when it is
transferred to us from the EU. In line with this, we have recently updated our
Privacy Policy, to reflect the EU-US DPF's core principles and we stay committed
to upholding them.

While the EU-U.S. DPF is a standalone transfer mechanism that can be used
instead of the Standard Contractual Clauses (“SCCs”) we're not letting our guard
down. We are still continuing to maintain our ongoing supplementary measures,
including safeguards like the Standard Contractual Clauses (SCC) to make sure
your personal data is safe when it travels, as keeping your data secure is a top
priority for us.

How to manage data access requests at Text?

Received a Data Subject Access Request? No problem. At Text, we're dedicated to
providing an efficient and user-friendly experience for you to access your data,
including your customers’ data, while ensuring compliance with data privacy
regulations.

You can use the tools and resources provided by Text to initiate and manage data
access request:
• Export All Data with Web API Reference: Need everything, including chat
transcripts? You can export all your data conveniently using our Web API
Reference.
• Raw Data Report: If chat transcripts aren't necessary for your request, you
can opt for a raw data report, which provides the essential data you need.
• Access data using the Configuration API.

Please keep in mind that only license owners have the authority to initiate the
data export process. We've designed these tools and resources to empower you to
manage your data access efficiently.

Are you a data controller or a data processor?

We act as a data processor since we do not determine the purposes of your
(including your customer’s or users’ data) data processing. It is you who decide
how to use our software. Thus, you will supply us with personal data to
facilitate communication between you and your customers. If you submit or we
collect the data under your account through the services, We may use and process
such data in order to provide, maintain, and improve our services as well as to
send you personalized marketing/advertising communication or updates and news
regarding the services, secure yours and our potential claims. In some
exceptional cases, we may also act as a data controller. It is explained fully
in our Privacy Policy.

What is the basis for personal data processing? Is customers’ consent required?

The basis for your personal data processing by Text, Inc. is an agreement
between you and us concluded when you sign up for the service (create an
account). Remember that for the duration of your subscription to our services,
you must have a legal basis to collect, process, and transfer any personal data
to our services in order to provide the services to you. “The Agreement” is
constituted by “Terms of Use,” “Privacy Policy,” and “DPA”. This is why separate
consent for your data processing is not required. However, you may need to gain
consent for data processing and transferring from your customer’s or your users.
It depends if you collect your customer’s or user’s data, and what your data
processing basis is. To help you comply with the e.g. GDPR requirements, we have
created a simple and free Privacy Policy Generator that helps you gain such
consent. If it’s required by law, you may need to at least notify your customers
about using our services and transferring data to us.

Do you have a Data Processing Addendum?

Yes, we have. Regardless of being a data controller or a data processor, when
you transfer EU/EEA or UK or California citizen’s personal data to us (and you
do so while using our services), we have prepared a Data Processing Addendum
incorporated by reference to the Agreement, so you don’t have to take any
further action. Our Data Processing Addendum includes updated SCCs, as approved
by the European Commission in June 2021, that comply with the newest
recommendations of the European Commission and are relevant for your use us as a
data processor if you’re based in the EU/EEA or California.

How is my personal data used/processed? How can I execute my right to be
forgotten?

We store and process the personal data of our customers and people permitted by
our client to use and operate the services for or on behalf of them while using
our services. We store such data as first name, last name, email address, IP
number, browser information, operating system, geolocation, payment/credit card
details (and other information listed in our Privacy Policy.). We process these
data only for purposes listed in the Agreement. We do not sell your data. We
also store the data you and your customers inserted into our services. It allows
you to have constant access to the history of your conversations and other
content. You can freely decide whether you want to delete your data and content
permanently from a system. If you wish to remove the data, just send us a
request at support@text.com, and we will delete the requested data within 30
days.

Do you share any personal data with any sub-processors (other entities)?

To make our services work properly, we use other third-party services. We do so
to maintain our services, improve our tools, and enable and simplify their
usage. If there is a necessity to give sub-processors access to a part of your
data, firstly, they will gain only the necessary data enabling them to provide
us with their services. Secondly, we enter into a separate agreement to make
sure our sub-processors have at least the same level of protection as we do.
Please note some of our sub-processors process their data outside the EU.

How do you choose and verify sub-processors?

We are committed to complying with GDPR and accordingly to transferring personal
data lawfully and with an adequate security level. This is why we work only with
inspected third-party services providers. We have verified all the
sub-processors we currently cooperate with. Besides the ‘location requirement’
(we cooperate mostly with companies from the EU or the US), every time before we
start cooperation with a new sub-processor, we make sure it is GDPR compliant
(if applicable). We also enter into agreements with our sub-processors that
guarantee adequate obligations due to data protection. Only if we are sure your
data will be transferred and stored securely, will we work with the provider
and, if needed, apply additional measures (i.e., Standard Contractual Clauses)
to transfer data in line with the GDPR.

How do you lawfully transfer personal data outside the EU and the UK to the
U.S.?

When personal data is hosted or processed outside of the European Economic Area
and the UK, GDPR requires that it remains protected by appropriate safeguards in
line with EU law. We meet these requirements by implementing the appropriate
safeguards required by the GDPR. Please go to International Data Transfer to get
more information.

What does the new EU-US DPF mean in practice and why is it necessary?

The adequacy decision for EU-US DPF reaffirms that personal data transmitted to
US companies participating in the framework is held to an adequate level of
protection. This means that data is able to flow safely between EU and US
companies certified by the US Department of Commerce.

What about the Swiss-U.S. DPF and the UK Extension to the EU-U.S. DPF?

Text, as an active participant in the Swiss-U.S. Privacy Shield, has
automatically transitioned into the Swiss-US Data Privacy Framework (Swiss-U.S.
DPF). We have also successfully self-certified to the UK Extension of the
EU-U.S. DPF. With the UK Adequacy Decision for the EU-U.S. Data Privacy
Framework issued on October 12, 2023, we may now receive personal data from the
UK and Gibraltar under the UK Extension to the EU-U.S. DPF. As of September 15,
2024, the Swiss Federal Council has recognized the adequacy of the Swiss-U.S.
DPF, meaning that organizations participating in the Swiss-U.S. DPF, including
Text, may now receive personal data from Switzerland based on this framework.
This recognition officially allows us to rely on the Swiss-U.S. DPF for data
transfers from Switzerland, effective from this date.

DATA STORAGE AND HOSTING POLICY

LAW ENFORCEMENT

FREQUENTLY ASKED QUESTIONS

What security measures does Text, Inc. implement to protect the data?

As a company offering its services in SaaS model we are aware that the security
of our customers and their data is crucial. We treat security as a basic aspect
of our business. We know that it is a matter of trust. Currently, we made sure
our safeguards comply with the regulation and adjusted some new ones if
necessary. More information about our technical and security measures you may
find in Exhibit B of the Data Processing Addendum.

What are your processes for identifying and remediating vulnerabilities in your
application and the underlying software and infrastructure?

Running an external audit, fixing all found vulnerabilities, testing the
implemented fix, and iterating this procedure until the issue is fixed and
periodic systems scanning with tools for automatic issue recognition.

How to identify Phishing Attempts in LiveChat?

Phishing isn’t restricted to emails. Real-time communication channels, including
Chats are not exempt from phishing threats. It’s essential to be vigilant and
knowledgeable about potential signs to protect yourself and your data. Here are
some key indicators to consider:

1. Check the Sender’s Claim: A mismatch between a claimed identity and the
apparent username can be suspicious. Be cautious if the sender claims to be from
a well-known organization but uses a generic or suspicious username.

2. Analyze Embedded Links: Avoid clicking on links immediately. Avoid clicking
on any links sent to you in a chat unless you are certain they are genuine. Keep
an eye out for unusual URLs or any slight discrepancies.

3. Refrain from Disclosing Personal Information: It’s a red flag if you are
asked for personal, financial, or other sensitive data during a chat, especially
if it’s not relevant to the conversation. For any such requests, it’s
recommended to contact the organization directly through official channels.

4. Urgency and Threat Tactics: Be cautious with urgent or suspicious requests,
especially those demanding quick actions or offering too-good-to-be-true deals,
can be signs of phishing.

5. Evaluate Language and Structure: Look for Language Errors, like typos,
grammar issues, or unusual phrasing can be indicative of phishing attempts, as
reputable companies generally have quality control for their communications ans
ensure their communications are clear and free from errors.

6. Report Suspicious Chats and seek assistance: If a chat appears questionable,
reach out to your organization’s IT or security sector for further examination.

Note: Our Support Heroes will only contact you through the chat for debugging
purposes, and we always inform you beforehand. We will never ask for personal or
sensitive data during a chat.

Can we take a full copy of our data in a standard format (e.g. CSV)? Is it
possible to export all chats and tickets using your API in a JSON format, that
can be easily converted to CSV?

You can ask us for a copy of your data. For example, it is possible to download
a copy of the data in JSON and to do that, please refer to Prepare your chat for
GDPR! | LiveChat Help Center to check how you can get your data.

Is LiveChat Service a single tenant or multi-tenant? If multi-tenant, what steps
have been taken to secure the data from being accessed by other tenants?

The application is multi-tenant, so the data for each license is accessible only
to accounts assigned to the license; the person that wants access to license
data, needs a corresponding login and password. This is the basic logic behind
the whole application infrastructure, and it’s not possible to access other
users’ data, as the access request without needed credentials will be considered
an unauthorized call and denied. Also, one set of credentials (login + password)
can be used for one license only.

Do you have an incident management process in place?

Yes, we have breach detection, investigation, and internal reporting procedure
in place. In case of any management incident, we are ready to react immediately
to protect your data from unjustified disclosure or any other infringement.

What should I do if I suspect an incident has occurred?

Please contact us promptly via support@text.com or chat with us on our website.

Do you have a DR plan? How quickly could you restore from a data backup if you
suffered a major loss, and what is the maximum amount of data that might be
lost?

Yes, we have a DR plan; each part of the system can be restored within 24 to 48
hours (considering a complete disaster). Moreover, each instance of the whole
infrastructure is multiplied, so losing a single instance will not cause the
service to degrade. Provided time refers to the flood scale of the disaster.

Do you have any DDoS protection in place?

Yes, we do have DDoS protection provided by Akamai.

ACCESSIBILITY

DMCA POLICY

DSA POLICY

BRAND IDENTITY POLICY

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Copyright © 2024 Text, Inc. All rights reserved.

We use cookies and similar technologies to enhance your interactions with our
website and Services, including when you reach out to us on chat. This comprises
traffic analysis, delivering personalized content, and supporting our marketing
efforts. By accessing our website, interacting with our Services, you agree to
let us and our partners employ cookies and related technologies on your computer
or devices. Click the Cookies Policy to check how you can control the use of
cookies through your device. To understand how we process your data, including
through cookies, and interactions with us, please read our Privacy Policy.

www.livechat.com Open in urlscan Pro 2.18.244.83 Public Scan

Form analysis 3 forms found in the DOM

GET https://accounts.livechat.com/signup

GET https://accounts.livechat.com/signup

/legal/for-clients/search/

Text Content

www.livechat.com Open in urlscan Pro
2.18.244.83 Public Scan

Form analysis
3 forms found in the DOM