Valid from March 10th, 2023
This policy applies to information that we collect through our websites, including www.42chat.com and related blogs (collectively, our “Websites”), through our web-based and mobile software and chatbot applications and services (collectively, our “Applications”), as well as through text messages and HTML-formatted email messages that we send to you (collectively, including the Websites and the Applications, our “Services”).
This policy also applies to information about you that we collect or receive:
- In email, text and other electronic messages between you and 42Chat.
- When you interact with our advertising and applications on third-party websites and services.
It does not apply to information collected by:
- Any third party, including through any third-party application or content (including advertising) that may link to or be accessible from our Services.
- Data we process on behalf of our clients in our capacity as a processor.
Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Your Privacy Classification
This policy classifies those accessing and using our Services as one of the following:
- VISITORS: Individuals and entities that access and interact with our Websites (for instance, to read about 42Chat products and services), as well as those whom we meet or learn about through referral, from third parties or other external sources, are referred to as “Website Visitors” or simply “Visitors.” Personally identifiable information pertaining to Visitors subject to this policy is maintained in one or more 42Chat databases and Website analytics and management systems. 42Chat may use the contact information you provide as a Visitor to send you promotional materials, as further described in this policy.
- CLIENTS: Individuals and entities that are 42Chat’s direct customers (for example, event planning companies, corporate marketing, and customer support departments) as well as client personnel that are assigned a login id and are authorized to access and use our Applications, pursuant to an active 42Chat services agreement, or under a temporary evaluation license if available, are referred to as “Clients.” Personally identifiable information of Client personnel associated with their Application accounts is treated as End-User information, and will not be used for any purpose other than providing and supporting our Applications (other than for limited exceptions described in the section below titled “How We Use Information” where applicable). Note that information relating to these same individuals who have visited and interacted with our marketing Websites is treated as Visitor information.
- END-USERS: Client business customers, which may include their own current and prospective customers, members, marketing partners, or other third party contacts that use our Applications to interact with our Clients (for example, individuals that register for an event organized by a Client or use a 42Chat or Client Chatbot), are referred to as “End-Users”. 42Chat does not use personally identifiable information of End-Users for any purpose other than providing and supporting the Applications (other than for limited exceptions described in the section below titled “How We Use Information” where applicable).
Information We Collect and How We Collect It
42Chat and Clients that use our Applications may collect several types of information from and about End-Users, including:
- “Personal Information” that identifies an End-User as an individual or relates to an identifiable person. For example, this includes name, organization, title, postal address, email address, telephone number, fax number, social media account ID or other identifiers by which End-Users may be contacted online or offline. This also may include information that permits End-Users to purchase products or services from 42Chat or from our Clients through the Applications, such as credit or debit card number, or other payment account number, as well as applicable expiration dates and billing/shipping addresses;
- “Other Information” that does not reveal a person’s identity or directly relate to an individual, on its own or in combination with other information we have collected, such as browser and device information, app usage data, information collected through cookies, pixel tags and other technologies, general geographic location, demographic information and other information provided by a person, such as dietary preferences, interests, activities, age, gender, education and occupation.
42Chat may also collect Personal Information and Other Information from Clients and Visitors. In some instances, we may combine Other Information with Personal Information (such as combining a Visitor’s name with information we gather about this individual’s use of the Websites). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
We collect this information:
- Directly from End-Users as they use the Applications, or from Visitors as they navigate through the Websites or as they use the Applications, using technologies described in the section below titled “Third Party Advertisers and Analytics.” Information collected automatically may include browser and device information, details regarding use of the Services, IP addresses and information collected through cookies, web beacons and other technologies.
- From third party sources, such as public databases, joint marketing partners, and social media platforms. For example, if an End-User or Visitor elects to connect their social media account to their account for our Websites, certain Personal Information from the social media account will be shared with us, which may include Personal Information that is part of the Visitor’s profile or their friends’ profiles.
Information Provided to Us
The information we collect through our Services may include:
- Information that a person provides when utilizing one of our Services, for instance anytime an End-User signs up to use one of our products, texts a question or interacts for support.
- Information that Visitors provide by filling in forms on our Websites. This includes information provided to receive product information, attend demos, or access other special content on our Websites. We may also ask Customers or Visitors for information when they enter a contest or promotion sponsored by us.
- Information that our Clients provide us to provide personalized responses and targeted messages to End-Users.
- Information that our Clients and End-Users provide when receiving technical or client account support. This includes records and copies of Client and End-User correspondence (including email addresses).
- Responses to surveys that we might ask Clients, End-Users or Website Visitors to complete for research purposes.
- Transactions Clients or End-Users carry out through our Applications and of the fulfillment of Client orders.
- Records of search queries on our Services.
Some of our Services allow Clients and End-Users to create or post content on message boards, chat, profile pages and blogs and other services. Any information posted or disclosed through these sections of our Websites will become public information and may be available to other End-Users and Website Visitors and to the general public. We urge caution to anyone deciding to disclose their Personal Information, or any other information, on our Websites or public areas of our Applications.
How We Use Information
We may use information that we collect or that is provided to us, including Personal Information, for any of the following purposes:
- To present our Services and their contents.
- To provide End-Users with information, products, or services they request from 42Chat or our Clients using our Applications.
- To manage Application accounts, provide customer service, and process payments for purchases by Clients or End-Users.
- To provide Clients with notices about their 42Chat accounts, including expiration and renewal notices.
- To communicate with Clients and Visitors by email, postal mail, telephone and/or mobile devices about products or services that may be of interest and that are offered by us, our affiliated companies or other third parties.
- To allow Clients and Visitors to participate in online product demos, surveys, and online sweepstakes or contests (including to verify participant eligibility and deliver prizes), access and download materials, and use other interactive features on our Services.
- To better tailor Website experience to Visitors interests, Application experience to End-User interests, and display content according to user preferences.
- To facilitate social sharing functionality.
- To perform research and analyze use of, or interest in, our products, services or content (or products, services or content offered by others on our Website).
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to carry out our obligations and enforce our terms and conditions applicable to the Services and other agreements, including for billing and collection purposes; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to protect against or identify fraudulent transactions. This includes exchanging information with other companies and organizations where reasonably necessary for the purposes of fraud protection and credit risk reduction.
- In any other way we may describe when you provide the information.
- To fulfill any other purpose for which you provide it or with your consent.
We may also use contact information of Clients and Visitors to contact them via email, text, telephone or direct mail about products and services that may be of interest to them. Where required, we will seek and obtain recipients’ express authorization before we send marketing emails. If you do not want us to use your information in this way, please adjust your email preferences on the profile page that is accessible by clicking the unsubscribe link provided at the bottom of emails you receive from us. For more information, see Choices About How We Use and Disclose Your Information.
Disclosure of Your Information
We may disclose aggregated information about users of our Services, and information that does not identify any individual, without restriction.
- To contractors, service providers and other third parties as reasonably necessary or prudent to provide, maintain and support our Services.
- To a third party in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of 42Chat’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by 42Chat about our Visitors, Clients and End-Users is among the assets transferred.
- To fulfill the purpose for which information is provided. Here are some examples:
- If End-Users agree to provide a mobile number or email address at registration for an event to allow us to respond to questions or send notifications, we will use the mobile number and/or email address to respond to questions and to send the End-User information and announcements relating to that event.
- If End-Users utilize one of our Applications to pay for products or other services using their credit cards, we will pass the credit card information to payment card processors to validate the payment information and complete the transactions.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to carry out our obligations and enforce our terms and conditions applicable to the Services and other agreements, including for billing and collection purposes; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, our customers, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. This includes exchanging information with other companies and organizations where reasonably necessary for the purposes of fraud protection and credit risk reduction.
- For any other purpose disclosed by us when you provide the information or with your consent.
Third Party Services
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other non-client organizations, such as Facebook, Apple, Google, Microsoft, or any other company, including app developers, app providers, social media platform providers, operating system providers, wireless service providers or device manufacturers, including any Personal Information you disclose to other organizations through or in connection with the Applications.
Cookies and Similar Technologies
We and our service providers may collect information about Visitors online activities over time and across our Websites, third-party websites or other online services, and we may collect similar information about the online activities of End-Users within our Applications. As you navigate through and interact with our Websites and Applications, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Services, such as the date and time you access our Services, length of time you spend on our Services, websites you visited before or after our Services, the resources and content that you access and use on our Services, and whether your interaction with our Services results in your requesting information about 42Chat or making a purchase.
- Information about your computer and internet connection, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, language, Internet browser type and version and the name and version of the Services (such as the Application) you are using.
The technologies we use for this automatic data collection may include:
- Session Cookies and Persistent Cookies. A “session” cookie lasts for a single browser session only and is deleted when the user closes the web browser. A “persistent” cookie remains on the user’s device (even while powered off) until it expires or is deleted. A persistent cookie will be reactivated when a user returns to the website which posted the cookie. Cookies cannot read or access other cookies or any data from a user’s hard drive. Cookies alone will not personally identify a user; however a cookie may recognize a user’s individual web browser or device through an IP Address, browser version, operating system and other information, and End-Users of our Services may be individually identifiable to particular Services using session cookies.
- Flash Cookies. Certain features of our Services may use local storage, such as “Flash cookies” to collect and store information about your preferences and navigation to, from and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information.
- Web Beacons. Pages on our Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs). Web beacons differ from cookies in that the information is not stored on your hard drive, but invisibly embedded on web pages or in email. Web beacons permit us to track online movements of web users -- for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). This enables 42Chat to provide a website experience more tailored to your preferences and interests.
At this time, we do not respond to browser ‘do not track’ signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted. You can learn about how you can adjust your browser’s settings to limit or disable cookies and other tracking technologies by visiting the section below titled “Choices about How We Use and Disclose Your Information.”
Advertising and Analytics
When you access and use the Services and other websites, we may serve you advertisements regarding goods and services that may be of interest to you (or in some cases, to users who our service providers deem to have characteristics similar to our customers) based on information relating to your access to and use of the Services and other websites. To do so, we or our service providers may place or recognize a unique cookie on your browser (alone or in conjunction with web beacons, pixel tags or other tracking technologies). If you would like more information about this practice and to learn about your choices in connection with these practices, please visit //www.networkadvertising.org/managing/opt_out.asp and //www.aboutads.info/.
We may use the information we have collected from you to enable us to display advertisements from our Clients to their target audience of users. Even though we do not disclose Personal Information for these purposes, if an End-User clicks on or otherwise interacts with an advertisement, the advertising Client may assume that the End-User meets its target criteria.
- You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at //tools.google.com/dlpage/gaoptout
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Tracking Technologies and Advertising. You may set your web browser to restrict or to entirely block cookies, to configure cookie notification settings and/or to delete cookies already present on the browser or device. Information on how to do this should be provided in the web browser’s help/reference section. Visitors who block cookies may be able to access a Website but may not be able to use all of the content, applications and services available on that site. Limiting or restricting certain types of cookies may also prevent a Client or End-User from using certain portions of the Applications, depending on how the browser settings are configured.
- Promotional Offers and Notifications from 42Chat. If you do not wish for 42Chat to send you promotional messages and notifications, or would like us to prevent a Client from using the Applications to promote its own or third parties’ products or services for:
- Email. You can (i) opt-out by checking the relevant box located on the form on which your data is collected (or, in some jurisdictions, by failing to opt-in), (ii) adjust your email preferences on the profile page which is accessible by clicking the unsubscribe link provided at the bottom of emails you receive from us (or from our Customer), or (iii) at any other time by sending an email stating your request to firstname.lastname@example.org.
- Via Text. You can (i) opt-out in a messaging app by modifying the notification setting, (ii) opt-out through SMS by texting ‘Stop’ (or other keyword used by your SMS message carrier) or ‘Opt-out’, or (iii) at any other time by sending an email stating your request to email@example.com.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you, as a Website Visitor or Client, opt-out of receiving marketing-related emails or messages from us (or as an End-User opt-out of receiving marketing-related emails or messages from one of our Clients), we may still send you important administrative or emergency messages.
Accessing and Correcting Your Information
You have the right to request access, correct, update or delete any Personal Information that you have provided to us. You can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. If we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
In your request regarding your Personal Information, please make clear what you would like to have changed, whether you would like to have your Personal Information that you have provided to us suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information that you have provided to us. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address, mobile number or messaging app ID that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.
To exercise any of these rights, please contact us at firstname.lastname@example.org or by mail to 42Chat, LLC, 1192 E Draper Pkwy, Draper, UT 84020 USA, Attention: Privacy. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.
Children Under the Age of 13
Our Services are not intended for children under 13 years of age. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not (i) use or provide any information on these Services or on or through any of its features, (ii) register to use any of our Services, (iii) make any purchases through our Services, (iv) use any of the interactive or public comment features of our Services or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If you believe we might have any information from or about a child under 13, please contact us using one of the means provided below (see Contact Information).
NOTICE TO CALIFORNIA RESIDENTS - YOUR CALIFORNIA PRIVACY RIGHTS:
This section applies only to California users. It describes how we collect, use, and share California user’s Personal Information in our role as a business, and the rights applicable to such residents. The California Consumer Privacy Act ("CCPA") requires businesses to disclose whether they sell Personal Data. 42Chat is a business and does not sell Personal Data. We may share Personal Data with third parties if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Data.
For purposes of this section "Personal Information" has the meaning given in the California Consumer Privacy Act (“CCPA”).
How We Collect, Use, and Share your Personal Information
We have collected the following statutory categories of Personal Information in the past twelve (12) months:
- Identifiers, such as name, email address, mailing address, and phone number. We collect this information directly from you or from third party sources.
- Commercial information, such as subscription records. We collect this information directly from you.
- Internet or network information, such as browsing and search history. We collect this information directly from your device.
- Geolocation data, such as IP address. We collect this information from your device.
- Financial information, such as Payment Information or financial account numbers in the process of providing you with a subscription. We collect this information from you.
- Other personal information, in instances when you interact with us online, by phone or mail in the context of receiving help through our help desks or other support channels; participation in customer surveys or contests; or in providing the Services.
Your California Rights
You have certain rights regarding the Personal Information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law.
The right of access means that you have the right to request that we disclose what Personal Information we have collected, used and disclosed about you in the past 12 months.
The right of deletion means that you have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.
How to Exercise your California Rights
You can exercise your rights yourself or you can alternatively designate an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent's identity to protect your Personal Information.
42Chat is GDPR Compliant.
At 42Chat we support the privacy rights of our Clients and End-Users. Under GDPR guidelines, 42Chat acts as a Controller for VISITORS, CLIENTS employees accessing our Services admin tools and reporting, END-USERS purchasing our products directly from us. 42Chat acts as Data Processor for the Services we provide on behalf of our CLIENTS and their END-USERS.
42Chat is headquartered in the USA so any information you provide will be processed and stored in the USA unless otherwise specified. If you are in the European Union or European Economic Area, this may mean that your personal information will be stored in a jurisdiction that offers a level of protection that may, in certain instances, be less protective of your personal information than the jurisdiction where you typically reside.
The Services are controlled and operated by us from the United States are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be accessed by 42Chat personnel providing Services in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact Information” section below.
1192 Draper Parkway, #418
Draper, UT 84020-9095
Please note that email and text communications are not always secure; so please do not include credit card information or sensitive information in your messages to us.