Effective Date: May 25, 2018
Your privacy is important to LiveWorld. This privacy notice discloses the information practices for LiveWorld web site (www.liveworld.com ) and for LiveWorld enterprise software, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared.
In this privacy notice, the term “personal data” includes:
- Under the laws of the United States, personal data shall include any “non-public personal information” as that term is defined in the Gramm-Leach-Bliley Act found at 15 USC Subchapter 1 §6809(4), and “protected health information” as defined in the Health Insurance Portability and Accountability Act found at 45 CFR §160.103.
- Under the laws of the countries in the European Economic Area (“EEA”), personal data shall have the meaning given to it in Directive 95/46/EC (the “EU Directive”) and in the General Data Protection Regulation (“GDPR”).
- Under the laws of Australia, personal data shall include information or an opinion about an identified individual or an individual who is reasonably identifiable: (a) whether the information is true or not; and (b) whether the information or opinion is recorded in a material form or not.
“Data controller” means the party that determines the purposes or means of the processing of the personal data.
“Data processor” means the party that processes the personal data on behalf of the data controller.
3. LiveWorld’s two roles as data processor and data controller
3.A. For the first type, LiveWorld acts as data processor and as an enterprise software-as-a-service (“SaaS”) provider to deliver digital services to companies (our customers) for conducting conversational engagement in public or private with users of social media sites and messaging apps (“Supported Channels”) that may be their customers, prospects or followers, such as you, via LiveWorld software.
Supported digital channels include social media and social networking sites such as Facebook, Twitter, YouTube, Instagram among others and messaging apps such as Facebook Messenger, Twitter Direct Messages, and Telegram, along with SMS, web chat and chat in mobile apps.. Our customers manage, store these conversations (public and private), and may be submitting responses to you through our software.
In any of these cases, please be aware that it is our customers, as data controllers, who are initiating or performing the data collection, who determine from whom to collect personal data, and who define how to use the collected personal data. LiveWorld is acting as a data processor. For more details about how LiveWorld’s customer intends to use your personal data, please refer to the privacy notice of the LiveWorld customer from whom you have engaged in social media or engaging in conversations via messaging app, web chat or SMS.
For more information related to LiveWorld’s role as a data processor, please see Section 4 below, “LiveWorld as a data processor.”
3.B. The second type of sites we manage is related to information offered by LiveWorld to customers, prospects, and other visitors on the LiveWorld corporate website, the LiveWorld extranet, and other sites we offer access to where LiveWorld acts as the data controller.
4. LiveWorld as a data processor
4.A. Our role as a processor
In relation to our roles as SaaS provider and data processor, LiveWorld processes information under the instructions of its customers and has no direct relationship with the individuals whose personal data it collects or processes.
If you seek access to correct, amend, or delete inaccurate personal data, or if you seek to invoke any other rights in respect to the personal data under applicable laws, you should direct your query to LiveWorld’s customer as the data controller. If LiveWorld is requested by LiveWorld’s customer to correct, amend or remove personal data, we will respond within a reasonable timeframe in accordance with applicable laws.
If you would no longer like to be in contacted by one of our customers that use our SaaS service, please contact the LiveWorld customer directly.
If you have reached out to our customers and are not getting a reply, you may approach LiveWorld in accordance with section 6 below.
4.B. Data storage, data access, data transfers, and data retention
Personal data that our customers collect from you may, subject to adequate confidentiality undertakings, and for the sole purpose of providing our customers with the services they have contracted from us, be transferred to or accessed by personnel of LiveWorld, and to or by third party companies and subcontractors that help LiveWorld provide our services. In any such case, the personnel granted access to your personal data will have been deemed by their managers to have a reasonable business need to do so.
Transfers of personal data to subsequent third parties are covered by the service agreements with our customers.
Your data resides in our SaaS environment. Your personal data will be stored on servers in the USA (Washington DC area). The data center of the SaaS environments are managed under our control by Amazon Web Services (“AWS”) entities in the United States.
Where LiveWorld transfers personal data to AWS or to other subcontractors as agreed in our contracts with our customers, we will have legitimate transfer mechanisms in place.
We will retain personal data our customers have instructed us to process for them for as long as needed to provide services to our customers in accordance with the contractual terms in our agreements with them. Our customers can at any time instruct for such personal data to be deleted. LiveWorld will retain personal data as necessary to comply with our legal obligations, resolve disputes, and in accordance with our customer agreements (including secure encrypted back-up retention for up to 1 year).
4.D. Device information
Our customers may embed LiveWorld’s messaging and mobile chat technology into their own mobile apps. In relation to the first type of Internet site discussed in section 3.A above, when you download and use such mobile apps, and if you use the messaging technology to chat with LiveWorld Customers, we automatically collect basic device information on the type of device you use, operating system version, and the device identifier (or “UDID”) to provide the services our customers have contracted with us.
We do not require location permission in order to be used. However, LiveWorld customers who are using our messaging and mobile chat capabilities in order to provide you with an effective private messaging channel with them may request the mobile apps collect your precise geolocation. Should location be requested inside a messaging conversation powered by LiveWorld technology, you will be prompted by the operating system of your device with a message that the mobile app has requested to access the device location. You can accept or reject that request. If permission has been granted, this permission can be later changed at any time under the operating system settings area.
5. LiveWorld as a data controller
5.A. Our role as a data controller
The security of your personal data is very important to us. We follow generally recognized industry standards to protect the personal data submitted to us during transmission and once it is received. In general, you can visit LiveWorld on the Internet without telling us who you are and without giving any personal data about yourself. There are times, however, when LiveWorld or our partners may need information from you.
Where LiveWorld acts as the data controller, you may choose to provide us with your personal data in a variety of situations. For example, you may want to give us information such as your name, physical address, email address, zip code, resume, phone number, and additional contact information. We intend to let you know how we will use such information and seek your consent in accordance with applicable laws before we collect it from you. You may at any time revoke your consent or invoke rights in relation to the personal data provided to us in accordance with applicable laws. If you tell us that you do not want us to use this information to make further contact with you beyond fulfilling your requests, we will respect your wishes. If you give us personal data about somebody else such as a spouse or work colleague, we will assume that you have his or her permission to do so.
LiveWorld does not request the disclosure of special categories of personal data or sensitive data.
You may contact LiveWorld in order to invoke your rights as a data subject under applicable laws in accordance with section 6 below
5.B. Information provided in accordance with Article 13 of the GDPR
- LiveWorld is an entity acting as the data controller.
- Contact details of the data protection officer are available in section 6 below.
- The purposes of the processing are either stated in the consent note we obtain from you prior to processing your personal data., or alternatively:
- To fulfill your transaction request;
- To provide you with a subscription;
- To provide you with support and consulting services;
- To verify your identity;
- To provide information on products, services, or callback requests;
- To send you specific marketing materials;
- To allow our business partners to contact you for marketing purposes;
- To invite you to an industry event;
- In connection with a job application or inquiry;
- To contact you about employment consideration; and
- To invite you to complete web surveys.
If you no longer wish to receive communications from us, you may change your email preferences or opt-out of all communications by following the unsubscribe instructions located at the bottom of each communication. If you no longer wish to allow us to share your information with third parties for marketing purposes, you may contact us at privacy@LiveWorld.com to opt-out. If you wish to opt-out from marketing emails provided by third parties, you must contact that third party directly.
- The recipients of your personal data will be selected LiveWorld employees and third-party providers under contract with LiveWorld ensuring data protection levels equivalent to those set forth in this privacy notice. Where personal data collected in the EEA is transferred to a subcontractor in a third country outside of the EEA and which country is not deemed to meet the adequacy standards of the EU Commission, LiveWorld shall have ensured suitable safeguards with such subcontractor both technically and contractually.
- We will retain your personal data for as long as reasonably necessary in accordance with the purpose of the processing as communicated to you as part of the consent or privacy notice.
- We delete personal data relating to marketing activities where the data subject has a) opted out of marketing emails b) has invalid emails in the system or c) have been inactive for 12+ months.
- We will retain personal data we process about our customers for as long as needed to provide services to our customers in accordance with the contractual terms in our agreements with them. LiveWorld will retain such personal data as necessary to comply with our legal obligations and to resolve disputes.
- You have the right to seek access to and rectification or erasure of your personal data in accordance with applicable laws as set forth in section 6 below.
- Where our processing of your personal data is based on your consent, you have the right to withdraw such consent at any time as set forth in section 6 below.
- Where applicable laws so prescribe, you have the right to lodge a complaint to a supervisory authority.
5.C. Information for LiveWorld business partners
If you represent a LiveWorld business partner, you may visit a LiveWorld website intended specifically for LiveWorld business partners. We may use information provided on that site to administer and develop our business relationship with you, the business partner you represent, and LiveWorld business partners generally.
5.D. Information for LiveWorld customers
If you work for a LiveWorld customer, you may visit a LiveWorld website intended specifically for LiveWorld customers. We may use information provided on that site to administer and develop our business relationship with you, the customer for which you work, and LiveWorld customers generally.
We may also collect and process your personal data as necessary for the performance of the contract in place between the LiveWorld customer and LiveWorld in accordance with GDPR Article 6.
5.E Other LiveWorld website notices
In some cases, specific LiveWorld websites may contain other notices about their use and the information practices applicable to those sites.
5.F. Sharing with Service Providers
We may share your information with third parties who provide services on our behalf to help with our business activities under contractual terms providing adequate protection to your information. These companies are authorized to use your personal data only under our instructions and only as necessary to provide the contracted services to us. These services may include:
- Sending marketing communications
- Fulfilling subscription services
- Conducting research and analysis
- Providing data center facilities
5.G. Passive collection
As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring and exit pages, the files viewed on our site (for example, HTML pages, graphics, or other), operating system, date and time stamp, and clickstream data to analyze trends in the aggregate and administer the site.
5.H. Tracking technologies
5.I. Service quality monitoring
Certain web transactions may also involve you calling us or our calling you. Please be aware that it is LiveWorld’s general practice to monitor and in some cases record such calls for staff training or quality assurance purposes.
5.J. Disclosures required by law or to fulfill a business transition
We may also disclose your personal data as required by law such as to comply with a subpoena or other legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. If LiveWorld is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email or a prominent notice on our website of any change in ownership, uses of your personal data, and choices you may have regarding your personal data. We may also disclose your personal data to any other third party with your prior consent.
5.K. Links to non-LiveWorld websites
LiveWorld websites may contain links to other websites. LiveWorld is not responsible for the privacy practices or the content of those other websites.
5.L. Notification of changes
5.M. User data supplementation
We may receive information about you from other sources including publicly available databases or third parties from whom we have purchased data and combine this data with information we already have about you. This helps us to update, expand, and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal data about others or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
Examples of the types of personal data that may be obtained from public sources or purchased from third parties and combined with information we already have about you may include purchased marketing data about our customers from third parties that is combined with information we already have about you to create more tailored advertising and products.
6. Privacy questions, access rights, incident reporting
If you have any questions about how we use your personal data or about this privacy notice, you can send an email to privacy@LiveWorld.com. You can also contact us by mail at 4340 Stevens Creek Blvd
Ste #101, San Jose, CA 95129.
If you would like to reach LiveWorld’s Data Protection Officer (as defined under the GDPR) you can contact DataProtectionOfficer@LiveWorld.com.
Upon request, LiveWorld will provide you with information about whether we control any of your personal data on our own behalf. If you wish to obtain a copy of particular information you provided to LiveWorld, if you become aware that the information is incorrect and you would like us to correct it, update it, or delete it, if you would like to exercise any of your legal rights such as those in relation to updating your preferences regarding how we use your personal data, or to withdraw consent, contact us at privacy@LiveWorld.com. We will respond to your access request within a reasonable timeframe within the timelines prescribed by applicable law.
If you are enquiring or exercising any of your legal rights or want to withdraw your consent on behalf of personal data we collect and process under the instructions of our customers (see section 4 above), please direct your query to our customer, which is the data controller. If you contact our company in relation to this, we are under obligation to refer your enquiry to the data controller.
Before LiveWorld is able to assist you, provide you with any information, or correct any inaccuracies, we may ask you to verify your identity and to provide other details to help us to respond to your request. We will endeavor to respond within an appropriate timeframe.
Should you want to report an incident relating to LiveWorld’s security, confidentiality, or privacy, you are welcome to file a report by contacting privacy@LiveWorld.com.