US Terms and Conditions
1.1. Visitor Chat LTD is committed to safeguarding the privacy of our Visitor Chat service users; in this policy we explain how we will handle your personal data.
1.2. Visitor Chat is a data Processor. ‘Processing’ data means doing any of the following with the information:
- • obtaining it;
- • recording it;
- • storing it;
- • updating it; and
- • sharing it
‘Personal information’ or ‘personal data’ means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
2. How we use your personal data
2.1. In this Section 2 we have set out:
- (a) the general categories of personal data that we may process;
- (b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
- (c) the purposes for which we may process personal data; and
- (d) the legal bases of the processing.
2.2. If you visit a website with Visitor Chat installed, we may process anonymous data about your use of it (“usage data”). The usage data may include your geographical location, browser type and version, operating system and referral source. We may also process anonymous data about your behaviour on a website which has Visitor Chat installed (“behavioural data”). The behavioural data may include the length of your visit, the pages you have viewed and how you have navigated through these pages during your session on the site. This data may be processed for the purposes of analysing the use of our website or any website that uses our services.
This usage and behavioural data is obtained using cookies. Cookies are most commonly used to track website activity. When you visit websites that have Visitor Chat installed, the server gives you a cookie that acts as your identifier. Upon each return visit to that site, your browser passes that cookie back to our server.
Should you decide to block cookies, our service may not be available to you. Most browsers will allow you to automatically block these types of cookies. Please refer to your browser’s privacy setting for more information.
2.3. If you submit your PII (“personally identifiable information”), either in a form submission, live chat, text, or any other means of digital communication, your personal information may be retained, used and attributed to your behavioural data and usage data. The personal information could include a phone number, name, email address or address.
After a live chat interaction, should you revisit the same website using the same device, you are not automatically re-identified and are freely able to browse the site anonymously. Should you re-enter into live chat with an operator, as before, your previous communications, current session usage and current session behavioural data will be attributed to the new interaction.
The legal basis for this processing is our legitimate interests, namely monitoring and improving our services, to better understand how visitors use websites with Visitor Chat installed, to give continuance to previous and ongoing communications and to offer a customized experience to the visitor should they engage in communication with an operator.
2.4. Under any circumstances, please do not supply any other person’s personal data or your own personal data to us, unless we prompt you to do so.
2.5. We may process client account data (“client account data”). The account data may include your name, company name and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of, providing our services, ensuring the security of our website and services and communicating with you. The legal basis for this processing is both by your consent and our legitimate interests, namely the proper administration of our business.
2.6. We may process client information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“Client notification data”). The notification data may be processed for the purposes of sending you the relevant update notifications and/or newsletters.
3. Providing your personal data to others
3.1. Unless requested otherwise within the chat on the Visitor Chat chat box, we do not share any personal information with any third party except for the Clients (this may include third party service providers and data processors of the company) whom Visitor Chat is providing the service to and the visitor has submitted personal information to. Visitor Chat will obtain consent (collected during a chat interaction with you) to send your chat contact information (PII) to its customers (our Clients) for the purpose outlined by you during a chat interaction with us. (Consent is achieved in recorded, text format.)
3.2. We may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. International transfers of your personal data
4.1. In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries inside or outside the European Economic Area (EEA).
4.2. The European Commission has made an “adequacy decision” with respect to the data protection laws. As a result, from their findings, data transfers outside of the UK will be restricted to information that contains no personally identifiable data. Personal data is hereby restricted to the EU/UK only.
4.3. The hosting facilities for our website and database are situated in Ireland, a member state of the European Union. All Data is securely transferred to Amazon AWS encrypted by SSL (TLS 256bit Keys – provided by Comodo CA Limited).
4.4. If your personal data originates from outside the EEA, any personal data we collect and maintain will be transferred to our hosting facilities in Ireland and to our Clients as specified in section 3.3, above.
5. Retaining and deleting personal data
5.1. This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3. We will retain your personal data as follows:
- (a) For a minimum period of three months following collection
- (b) For a maximum period of the length of the contract with the Client. plus three months.
5.4. Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1. We may update this policy from time to time by publishing a new version on our website.
6.2. You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3. We may notify you of changes to this policy by email or through the private messaging system on our website.
7. Your rights
7.1. You have the right to request that we disclose what personal information about you we collect, use, disclose, and sell. In order to make such a request, you must send an email, using an email address that you have included in the personal details we have on file for you, to our contact email address below. We may ask you to confirm certain other personal details in order to verify that the request comes from you, including your name, birth date, and a physical address that you have placed on file with us, together with a photocopy of your passport certified by a solicitor, notary or bank plus an original copy of a utility bill showing your current address. We will review the information you submit to us and send an email to you confirming your request, before we make a decision on whether the request appears to be valid.
7.2. In the past twelve (12) months, we have collected the following kinds of information from consumers: name (first and last), email address, telephone number, postal (or ZIP) code, length and frequency of visits to the Website, pages viewed on the Website, IP address used to visit the Website, type of device (i.e., mobile or PC) used to access the Website, and geo location. We collected this information for the following business purposes: to enable live chat services, and if requested by a customer, to allow the customer to be contacted by our Client for the marketing and sale of vehicles. We have disclosed the above-listed information to relevant Clients to effectuate the aforementioned services.
7.3. We have not sold any consumer personal information to any third parties in the past twelve (12) months. We have disclosed the information listed in Section 7.2 only to our Clients, who provide the services described in Section 7.2, for valid business purposes, within the past twelve (12) months. Since we do not permit minors to make use of our website or services, we have not sold or disclosed any personal information concerning minors to any third parties within the past twelve (12) months.
7.4. You have the right to request that we delete any of your personal information that we have collected or maintained. You may request the deletion of personal information by sending an email to our contact email address below, using an email address that you have included in the personal details we have on file for you. We may ask you to confirm certain other personal details in order to verify that the request comes from you, including your name, birth date, and a physical address that you have placed on file with us, together with a photocopy of your passport certified by a solicitor, notary or bank plus an original copy of a utility bill showing your current address. We will review the information you submit to us and send an email to you confirming your request, before we make a decision on whether the request appears to be valid.
7.5. You have the right to request that we change certain details or items of personal information we maintain or have on file for you. In order to make such a request, you must send an email, using an email address that you have included in the personal details we have on file for you, to our contact email address below. We may ask you to confirm certain other personal details in order to verify that the request comes from you, including your name, birth date, and a physical address that you have placed on file with us, together with a photocopy of your passport certified by a solicitor, notary or bank plus an original copy of a utility bill showing your current address. We will review the information you submit to us and send an email to you confirming your request, before we make any decision on whether the request appears to be valid.
7.6. While you have the right to opt out of the sale by us of your personal information, at this time, we do not sell any personal information to third parties.
7.7. You have the right not to receive discriminatory treatment by us or our agents or employees simply because you have exercised any privacy rights under this policy or provided by law. It is our policy not to engage in any discrimination against individuals who exercise their privacy rights.
7.8. You may designate an authorized agent who is authorized to make requests to us concerning your personal information. In order to designate such an agent, you will need to contact us at the email address below, using an email address that you have included in the personal details we have on file for you. We may ask you to confirm certain other personal details in order to verify that the request comes from you, including your name, birth date, and a physical address that you have placed on file with us, together with a photocopy of your passport certified by a solicitor, notary or bank plus an original copy of a utility bill showing your current address. We will review the information you submit to us and send an email to you confirming your designation. Your written designation should include the name and full contact details (physical address, telephone number, and email) of the authorized agent.
7.9. We are not responsible for any Client website, however, our Visitor Chat responds to “do not track” signals.
7.10. We do not collect personally identifiable information concerning any consumer that concerns an individual consumer’s online activities over time and across different websites when the consumer uses our website or services. However, we are not responsible for any collection of such information by the websites of Clients.
7.11. We may withhold personal information that you request to the extent permitted by law.
8. Our details
8.1. Visitor Chat LTD
We are registered in England and Wales under registration number 09804738, and our registered office is at:
Visitor Chat, Building 4000 Lakeside North, Portsmouth PO6 3FT
8.1. You can contact us:
- (a) by post, to [the postal address given above];
- (b) using our website contact form;
- (c) by telephone, on 02382 350130 or
- (d) by email, using [email protected]
9. Data protection officer
9.1. Our data protection officer’s contact details are available upon request.
UK Terms and Conditions
- 1.2 Scope. These Terms set out your rights and responsibilities when you use our website at http://visitor.chat/ (the “Website”) and/or our live chat services (the “Services”). We may transfer our rights and obligations under these Terms to another organisation and we will tell you if we do this.
- 1.3 You are bound by these Terms. You are deemed to accept these Terms when you visit our Website or use any of our Services. If you do not agree to these Terms then you must not use our Website or Services.
- 1.5 Terms and conditions of sale. Our standard terms and conditions of sale will apply if you purchase goods or services from us.
- 2 AVAILABILITY OF OUR WEBSITE AND SERVICES
- 2.1 Updates. These Terms were last updated 31 July 2020 and may be further amended from time to time. Each time you wish to use our Website or Services, please check these Terms to ensure you understand your rights and responsibilities.
- 2.2 We may suspend or withdraw our Website and Services. Our Website is made available to you free of charge. Unless we have entered into a separate agreement with you, we do not guarantee that our Website or Services, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website or Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- 3 USE OF OUR WEBSITE, SERVICES AND ACCOUNTS
- 3.1 Age restrictions. Our Website and Services are not intended for use by children. You must be 18 years or older to access or use our Website and Services.
- 3.2 Accuracy of information. The information you provide to us must be true and accurate. You are not permitted to use false information or impersonate another person or organisation.
- 3.3 You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- 3.4 Disabling accounts. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- 3.5 Do not rely on information on our Website and Services. The content on our Website and Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website or Services. Although we make reasonable efforts to update the information on our Website and Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website or Services is accurate, complete or up to date. Information on our Services may be supplied to us by third parties and we accept no responsibility for errors or omissions in that information.
- 3.6 We are not responsible for websites we link to. Where our Website or Services contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- 3.7 We are not responsible for viruses and you must not introduce them. We do not guarantee that our Website or Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website and Services. You should use your own virus protection software. You must not misuse our Website or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website or Services, the server(s) on which they are stored or any server, computer or database connected to our Website or Services. You must not attack our Website or Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your rights to use our Website and Services will cease immediately.
- 3.8 Rules about linking to our Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
- 4 USE OF MATERIALS ON OUR WEBSITE AND SERVICES.
- 4.1 Unless otherwise described elsewhere in these Terms, we are the owner or the licensee of all intellectual property rights in our Website and Services, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 4.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our site.
- 4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way unless they are your own, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 4.4 Our status (and that of any identified contributors) as the authors of content on our Website and Services must always be acknowledged.
- 4.5 You must not use any part of the content on our Website or Services that is not your own for commercial purposes without obtaining a licence to do so from us or our licensors.
- 4.6 If you print off, copy or download any part of our Website or Services in breach of these Terms, your right to use our Website and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- 4.7 Content that you post to the Website or Services is your content, and includes (but is not limited to) anything you post using the Website such as usernames, profile pictures, photos, descriptions, reviews, comments, videos, etc (“Your Content”). Visitor Chat does not make any claim to Your Content.
- 4.8 You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it or uploading it to the Website. We reserve the right to remove any material that we believe may give rise to any intellectual property right infringement or which otherwise breaches these Terms.
- 4.9 By posting Your Content to our Website and/or Services, you grant Visitor Chat a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Website and to promote Visitor Chat in general, in any formats and through any channels, including across any Websites or other Services or third-party websites or advertising medium that is associated with us. Your Content will be considered non-confidential and we have the right to use, copy, distribute and disclose it to third parties in accordance with this licence.
- 4.10 If content that you own or have rights to has been posted to the Website or the Services without your permission and you want it removed, please contact us at the email below. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third party claims that any material posted or uploaded by you to our Website or Services violates their intellectual property rights, or their right to privacy, we have the right (unless you are an individual) to disclose your identity to them. We will notify you in writing if that happens.
- 4.11 You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of these Terms. You also agree not to post any content that is false and misleading or uses the Website or Services in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the Website or the Services.
- 5 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 5.1 Whether you are a consumer or a business user:
- 5.1.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- 5.1.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services to you, which will be set out in our standard terms and conditions of sale.
- 5.2 If you are a business user:
- 5.2.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- 5.2.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- 18.104.22.168 use of, or inability to use, our Website or Services; or
- 22.214.171.124 use of or reliance on any content displayed on our Website or Services.
- 5.2.3 In particular, we will not be liable for:
- 126.96.36.199 loss of profits, sales, business, or revenue;
- 188.8.131.52 business interruption;
- 184.108.40.206 loss of anticipated savings;
- 220.127.116.11 loss of business opportunity, goodwill or reputation; or
- 18.104.22.168 any indirect or consequential loss or damage.
- 5.3 If you are a consumer user:
- 5.3.1 You agree not to use our Website or Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 5.3.2 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
- 6 INDEMNITY
If you are a business user then you agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with (a) your breach or negligent performance of these Terms; or (b) the enforcement of these Terms.
- 7 GOVERNING LAW
- 7.1 If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
- 7.2 If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
- 8 CONTACT INFORMATION
If you have any questions then please email us at [email protected].