Chatkit Privacy Statement

Effective Date: September 12, 2018

Chatkit Inc. ("Chatkit", "we", "us" or "our") has created this privacy statement ("Statement") in order to describe how we collect, use, disclose and otherwise process personal information through our websites chatkit.com, landingchat.com and any sub-sites or related sites that link to this Statement (together, the "Website") and in connection with our conversational advertising and marketing artificial intelligence solutions ("Services"). Your privacy is of great importance to us. Please read the following to learn more about our practices with respect to your personal information. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. No one under age 13 may provide any personal information to us or on the Services.

1. INFORMATION WE COLLECT AS A PROCESSOR

Our Services allow our business customers ("Customers") to engage with individual consumers through Messaging Channel Partners ("MCPs"), and provide tools to assist with and monitor that engagement. A Messaging Channel Partner is a social network platform or messaging platform or service. We collect information about individual consumers in order to provide the Services to our Customers, including communicating with individual consumers through the MCP and providing related tools. We do this in our capacity as a processor to the Customer. All individual consumer information that we collect in connection with providing the Services to Customers is controlled by the Customer and is subject to the Customer's privacy policy. We do not use this information other than to provide the Services to the Customer in accordance with their documented instructions. However, we create anonymous and aggregate data from this information and use the anonymous or aggregate data for any lawful purpose. If you have any questions about our Customers' use of personal information collected in connection with their use of our Services, you should contact the Customer directly.

1.1. Information that you provide to us

When you visit our website you may choose to provide us with information in order to obtain market reports, request additional information or contact from Chatkit, or sign up for our newsletters. In connection with the foregoing we collect your name, company name, mailing address, email address, phone number, and other information about your business. In order to create an account we will collect a user ID and password. In order to obtain Services, we may need to collect information about your business. If you choose to correspond with us through email or Internet comments, we collect the content of your messages together with your email address where applicable and our responses.

1.2. Consumer Information

When a Customer uses the Services to interact with an individual consumer on an MCP, that MCP may provide certain information about the consumer to us ("MCP Data") in accordance with that MCP's terms of use and privacy policy ("MCP Terms"). The MCP Data varies depending on the MCP used, but typically includes name, gender, general location and phone number. In addition, where an individual consumer engages in a conversation on the MCP where our Services are used we collect the content of those messages together with responses to those messages and any outcome from those messages ("MCP Messages"). We collect MCP Data and MCP Messages as a processor to the Customer and as a result, this information is governed by the applicable Customer's privacy policy. We use this information in accordance with the Customer's instructions and the MCP Terms.

1.3 Information that is collected automatically

Chatkit also collects information automatically when you visit or interact with our Website, such as Internet Protocol (IP) addresses, and standard browser information. This information is logged to help diagnose technical problems, and to administer our Website in order to constantly improve the quality of the Services. We also track and analyze non-identifying and aggregate usage and volume statistical information from our users and provide such information to third parties.

Technologies such as cookies, beacons, scripts and tags are used by us and our third-party partners. These technologies are used in analyzing trends, administering the Website, tracking users' movements around the Website, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. You may be able to control cookies through your browser settings.

Our third-party partners also employ transparent images/GIFs (a.k.a. Web Beacons/Pixels/Web Bugs), images, and scripts that help them better manage content on our Website. We do not tie the information gathered to your personal information.

Our Website may include social media features, such as the Facebook Login or Like buttons, and widgets, such as the Share This button or interactive mini-programs that run on our Website. These and similar features may collect your Internet protocol address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy statement of the company providing it.

1.4. Cookies

When you interact with the Chatkit Website we strive to make that experience easy and meaningful. When you come to our Website, our Web server sends a cookie to your computer. Cookies are files that Web browsers place on a computer's hard drive and are used to tell us whether customers and users have visited the Website previously. If you click on a link to a third-party website, such third party may also transmit cookies to you.

Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to Chatkit, either by responding to a promotional offer, opening an account, or registering for a free trial, you remain anonymous to Chatkit. Cookies come in two flavors: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you've closed your browser or turned off your computer. They include such information as a unique identifier for your browser.

Chatkit uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows Chatkit to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you've logged in and are required in order to use the Chatkit application. Chatkit uses persistent cookies that only Chatkit can read and use, to identify the fact that you are a Chatkit customer or prior Chatkit Website visitor (whatever the case may be).

We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. You can set your browser to block cookies or to notify you before a cookie is set. Users who disable their Web browsers' ability to accept cookies will be able to browse our Website but will not be able to successfully use our Services.

2. USE OF INFORMATION

2.1. Use of Data We Collect as a Controller

Chatkit uses the information that we collect as a controller to set up the Services, to provide the Services to our Customers, manage our relationships with Customers (including for billing and collections), and to continuously improve the Services. We may also use the information to contact you to further discuss interest in our company, the Services that we provide, and to send information regarding our company or partners, such as promotions and events. You are invited to receive our email newsletter by providing an email address. If, at any time you no longer wish to receive information from us, you may opt-out using the unsubscribe mechanism in our communications (where available) or by sending us a request specifying your new choice to privacy@chatkit.com.

3. THIRD-PARTY SITES

The Website and the Services may contain links to other web sites. Chatkit is not responsible for the privacy practices or the content of these other web sites. You will need to check the policy statement of these other web sites to understand their policies.

4. TRANSFER OF PERSONAL INFORMATION TO THIRD COUNTRIES

Chatkit and its service providers may process and store personal information outside of your country of residence, including in Canada and the United States. By providing us with personal information, you agree to this transfer, storing or processing. We take steps reasonably necessary to ensure that your information is treated securely and in accordance with this Statement regardless of where it is processed. However, you should be aware that certain countries may not have data protection laws that offer the same level of protection as those of your country.

5. SHARING OF PERSONAL INFORMATION WITH THIRD PARTIES

5.1. Service Providers

We may from time to time employ other companies and people to perform tasks on our behalf, such as maintenance services, database management, Web analytics and general improvement of the Services, and as a result, may need to share your information with them to provide these services to us. Unless you consent otherwise, such third parties do not have any right to use the personal information we share with them beyond what is necessary to assist us.

5.2. Business Transfers

We may choose to buy or sell assets. In these types of transactions, personal information may be one of the business assets transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information would be one of the assets transferred to or acquired by a third party. We may also share personal information in advance of such transactions, if necessary in connection with due diligence or similar processes.

5.3. Protection of Chatkit and Others

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or a court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Chatkit, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We or our service providers may also be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

5.4. With Your Consent

We may share your personal information for other purposes with your consent.

6. LEGAL BASIS FOR PROCESSING

When we process personal information as a processor to our Customer's we do so only in accordance with their documented instructions. In connection with our activities as a controller outside of the European Economic Area ("EEA"), we process personal information with consent except where otherwise permitted or required by law. For example, we may be permitted to collect, use or disclose personal information without consent in order to collect a debt you owe to us, to comply with a subpoena or court order, or to comply with the rules of court regarding the production of records. Your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question.

In connection with our activities as a controller in the EEA, we rely on one of the following legal grounds (as appropriate) to process personal information:

  1. To enter and perform a contract with you or to perform any steps you require from us before entering into a contract.
  2. To pursue our legitimate business interests in establishing, managing or concluding our business relationship with you.
  3. Where you have specifically consented to us processing your personal information.
  4. To comply with our legal obligations and establish, exercise or defend our legal rights.

Where personal information is processed with consent, you may (subject to contractual and legal restrictions) refuse to provide your consent, or choose to withdraw your consent, to our processing of your personal information by contacting us as described below. Note that if you refuse to consent, or withdraw your consent, to certain processing of your personal information, we may not be able to provide certain of our Services.

7. SECURITY AND RETENTION

We have implemented reasonable physical, organizational and technological security measures to safeguard the personal information in our custody or control. These include safeguards to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Our authorized employees, representatives, agents and mandatories have access to your personal information as necessary for the purposes described in this Statement.

Personal information is maintained on our servers or those of our service providers and is retained in accordance with our record retention policies. Our record retention periods are established taking into account requirements of privacy laws, the purposes for which the information was collected, legal and regulatory requirements to retain the information for minimum periods, limitation periods for taking legal action, and our business purposes.

8. YOUR RIGHTS

You may request access to, or correction of, your personal information in our custody or control, by making your request in writing as described in the contact us section below. We may need to verify your identity before searching for or providing you with personal information or making corrections. In some circumstances, we may not provide access to your personal information, for example, if it contains the personal information of other individuals.

You may also have the right, in specified circumstances, to object to our use of your personal information, to request the deletion of your personal information or restrict its use, to request a copy of the information you have provided to us to use for your own purposes, or to lodge a complaint with a commissioner or supervisory authority. If you have any questions about these rights, or you would like to exercise any of them, please contact us at privacy@chatkit.com.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to Chatkit Inc. 304–488 Wellington St. W. Toronto, Ontario, Canada, M5V 1E3.

9. CHANGES TO THIS STATEMENT

We may amend this Statement from time to time. If we make material changes to this Statement, we will notify you by posting an announcement on our Website or sending you an email prior to the change becoming effective. You are bound by any changes to the Statement when you use the Website after such changes have been posted.

10. CONTACT US

Questions regarding this Statement or the practices of Chatkit should be directed to Chatkit's Privacy and Security Officer by e-mail to privacy@chatkit.com or by post using the details provided below:

Chatkit Inc.
Attn: Privacy and Security Officer
488 Wellington Street West
Suite 304
Toronto, Ontario
M5V 1E3
Canada

© Copyright 2018 Chatkit Inc. All rights reserved Various trademarks held by their respective owners.