Scope. This Privacy Notice describes the collection and treatment of information through www.zipcan.com and other websites, applications, platforms, and social media channels we own or operate (collectively, the “Site”), our plug-and-play video chat solution for web-based platforms (including all related documentation, the “Software”), and our digital properties, applications, social network and other channels hosted on third party websites or platforms (collectively, with the Site and Software, the “Services”). We collect information when you visit the Site, sign up or use the Software on your company website (a “Customer”) or as a Customer’s employee, contractor, or agent, or video chat participant (in each case, a “Chat Participant”), as well as when you communicate with us directly by phone, chat, email or other means, or interact with us via a third party.
This Privacy Notice DOES NOT apply to information collected through a website or platform not owned or controlled by Zipcan, such as websites linked from the Site and Customer websites that use the Software. Your use of a Customer's website is governed by the Customer's privacy notice, and Zipcan has no control over their privacy practices.
WHAT IS PERSONAL INFORMATION?
As used in this Privacy Notice, “Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer or device, such as:
- Identifiers (e.g., name, address, telephone number, email address);
- Sensitive Personal Information (e.g. payment information, identification number);
- Protected classification information (e.g. race, citizenship, marital status, medical condition, sex, sexual orientation, veteran or military status);
- Biometric information (e.g. image, voice, keystrokes, behavioral characteristics);
- Internet or other similar activity (e.g. geolocation, browsing history);
- Employment-related information (e.g. current or past employment);
- Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99); and
- Commercial information (e.g. products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies).
Personal Information does not include (a) publicly available information (b) aggregate information, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; or (c) deidentified information that cannot be easily linked back to the individual.
HOW DOES ZIPCAN COLLECT AND USE MY PERSONAL INFORMATION?
We collect Personal Information directly from you, from others, and automatically from your use of the Services. We will only collect your Personal Information (a) when applicable, with your consent, (b) in our role as a service provider, (c) if we have a legitimate interest in doing so, or (d) as authorized or required by law. The types of Personal Information we collect about you and the manner of collection depends on how you interact with Zipcan, including whether you are a Customer or a Chat Participant. We only collect Personal Information as reasonable and necessary.
Categories. During the preceding 12 months, we have collected these categories of Personal Information:
- Sensitive personal information
- Employment-related information
- Internet or other similar activity
- Commercial information
Sources. We collect Personal Information from these sources:
- Directly from Chat Participants while using the Software, with consent. If you create or participate in a chat as a Chat Participant, whether through our Site or a Customer’s website, we will collect identifiers including your email, name, and phone number in order to register and administer the chat. We will also collect commercial information and other Personal Information you provide if you choose to use the Text Chat feature or other Software features. We use this information in our capacity as a service provider to the Customer in whose chat you participate. By participating in the chat, you consent to this collection of your information for these purposes.
- Directly from you when you visit the Site or communicate with us. When you visit the Site or communicate with us through email, chat, an online form, by phone, or other means, we collect identifiers like your name, email address and other contact information. If you sign up as a Customer, we also collect information about your company and website, and your payment information. If you complete a survey, we will collect your responses. We collect this information with your consent, and we use it for the purposes stated at the time of collection, to provide you with the Software or other Services you request, and to communicate with you or send you direct marketing communications.
- From Customers in our capacity as a service provider, with a legitimate interest. Customers that collect technical information about their Chat Participants’ online activities may share that information with us. We may combine this information with other data to gather feedback about the Software and to run reports on behalf of our Customers. We only use information Customers provide to us in our capacity as a service provider as permitted by our agreements with Customers or as permitted by law. Note that Customers may use this information to provide their Chat Participants with interest-based (behavioral) advertising or other targeted content. Zipcan is not responsible for the privacy practices of any of our Customers or any third party. If you have any questions about a third-party advertisement or targeted content, you should contact the third party directly.
- From third parties, such as advertisers, analytics companies, or your mobile service provider. This information may include your contact information or Personal Information related to your internet or similar activities across different websites, apps and other online services. We may also obtain commercially available information related to Chat Participants from a third-party data source on behalf of our Customers. We collect, use and maintain copies of this information for our marketing purposes and in accordance with applicable law. If you have any questions about a third-party advertisement or other targeted content, please contact the third party directly.
Other Uses. In addition to the specific uses above, we might use also your Personal Information to:
- Monitor your compliance with any of your agreements with us.
- Protect your privacy and enforce this Privacy Notice.
- If we believe it is necessary, to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Zipcan, or to others.
- Maintain accurate records.
- Comply with a law, regulation, legal process or court order.
- Fulfill any other purpose to which you consent.
Video Chat Recording Feature. A Chat Participant or Customer may choose to create a recording of the chat session using the Software’s chat recording feature. You will see a recording indicator on the chat window if your chat session is being recorded. Zipcan offers chat recording as a feature for our Customers in our capacity as a service provider. We securely store recorded chats on our server, and only share recordings with the Customer or, upon request, the Chat Participant. In addition, Zipcan reserves the right to access and process chat recordings for our quality monitoring, analytics and other internal purposes to achieve our legitimate interest of managing and improving the Software. If you do not consent to chat recording, you may turn off the recording feature or end the chat session. Customers and Chat Participants are each responsible for ensuring that their chats are recorded in compliance with applicable eavesdropping and wiretapping laws. Zipcan is not responsible and will not be liable for any Customer or Chat Participant’s decision to record a chat session on the Software.
Children Under the Age of 16. The Site, Software and our other Services are designed for visitors and Chat Participants age 16 and older. We do not knowingly collect Personal Information from children under 16 without verification of parent or guardian consent. If we discover that a child under 16 has provided us with Personal Information without parent or guardian consent, we will delete such information from our systems. If you believe we might have any information collected online from a child under 16, or if you become aware of any unauthorized submission of information to Zipcan, please contact us at email@example.com or (458) 202-6903.
HOW DOES ZIPCAN SHARE MY PERSONAL INFORMATION?
Categories. In the preceding 12 months, Zipcan has disclosed the following categories of Personal Information for a business purpose:
- Sensitive personal information
- Employment-related information
- Internet or other similar activity
- Commercial information
Recipients. Zipcan may disclose Personal Information for a business purpose to the following:
- Service Providers. Vendors that provide us with services (collectively, “Service Providers”) may have access to your Personal Information in order to perform their contractual obligations. These Service Providers include but are not limited to marketing companies, IT service providers, payment processors, and email and data hosting providers. We prohibit our Service Providers from selling or disclosing the Personal Information we provide, and we require all Service Providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information. The type of information that we provide to a Service Provider will depend on the service that they provide to us.
- Advertisers. We may disclose information to Service Providers that are network advertisers, sponsors, and/or traffic measurement services (collectively, “Advertisers”) to enable those Advertisers to serve targeted advertisements to you on other websites or other media (e.g., social networking platforms). We allow some Advertisers to assist us with behavioral advertising by collecting and analyzing certain information when you visit our Site or use other online Services (e.g., click stream information, browser type, time and date, subject clicked or scrolled over). Advertisers typically use a cookie or other technologies to personalize advertising content and measure the effectiveness of their ads, as described in our Cookie Notice.
- Affiliates. We disclose the information we collect from you to our affiliates or subsidiaries. If we do disclose your Personal Information to our affiliates or subsidiaries, their use and disclosure of your Personal Information will be subject to this Privacy Notice.
- Law enforcement, and other governmental agencies, as permitted or required by law.
- Cookie information recipients, subject to their respective privacy notices.
- Other Third Parties, as permitted by applicable law, for example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
Aggregated and Deidentified Information. We reserve the right to share aggregated, anonymized, or deidentified information about any individuals with nonaffiliated entities for marketing, advertising, research or other purposes, without restriction.
WHAT ARE MY PRIVACY RIGHTS?
Zipcan provides you the ability to exercise certain controls and choices regarding our collection, use and sharing of your Personal Information. Depending on where you reside, your options to control your Personal Information may include some or all of the following:
- Changing your preferences for how we communicate with you.
- Correcting, updating, and deleting the Personal Information in your account. Please note that certain legal obligations may limit or prevent our ability to fulfill these requests, and that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or Software for a period of time.
- Requesting access to the Personal Information we hold about you.
- Choosing whether to receive marketing communications from us, including promotions, surveys, and information about products and services that may be of interest to you.
- Controlling how the cookies we use interact with your browser.
At any time, you may exercise any of these controls and choices, express concerns, lodge a complaint, or obtain additional information about the use of your Personal Information by submitting a Consumer Privacy Request or by email at firstname.lastname@example.org
Do Not Sell My Personal Information. Zipcan does not share your Personal Information in direct exchange for money, so we don’t sell your Personal Information in the literal sense. Like most companies, we share data with our service providers and other companies in order to help us generally enhance your experience with our Site and Software and, in some cases, deliver more meaningful ads to you. The law defines “sell” very broadly and, in some cases, sharing data for these purposes may be viewed as a “sale” under applicable privacy laws. You can opt out of these “sales” of your Personal Information by following this Do Not Sell My Personal Information.
Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed below.
CALIFORNIA PRIVACY RIGHTS
This section provides residents of the State of California (“California Consumers”) with the disclosures and notices required under the California Consumer Privacy Act of 2018 (“CCPA”). The following paragraphs apply solely to California Consumers and describe the specific rights afforded under the CCPA.
Employee Data Exception. In many cases, the Personal Information we collect about you is in a business-to-business context when you are acting as an employee to a Customer or potential Customer in the performance of your job duties. Please note that Personal Information collected and used in this context is not protected Personal Information under the CCPA.
Without limiting the foregoing, California Consumers may exercise the following rights over their Personal Information, subject to our receipt of a verifiable Consumer Privacy Request, as well as any exceptions and limitations that may apply.
- Right to Disclosure. You have the right to request that we disclose information to you about our collection and use of your Personal Information over the past 12 months, such as (a) the categories of Personal Information we have collected about you; (b) the categories of sources for the Personal Information we have collected about you; (c) our business purpose for collecting or selling that Personal Information; (d) the categories of third parties with whom we share that Personal Information; and (e) if we sold or disclosed your Personal Information for a business purpose, two separate lists stating (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. Zipcan is only required to respond to two disclosure requests within a 12-month period.
- Right to Access. You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months (also called a data portability request). If you submit a right to access request, we will provide you with copies of the requested pieces of Personal Information in a portable and readily usable format. Please note that Zipcan is prohibited by law from disclosing copies of certain pieces of Personal Information (e.g., government identification numbers, financial account information, and passwords or security questions and answers) because the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our business systems, or your account. Zipcan is only required by law to respond to two access requests within a 12-month period.
- Right to Deletion. You have the right to request that we delete any of your Personal Information that we collected from you and retained, with certain exceptions. Zipcan may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion. If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.
- Right to Nondiscrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by law, we will not (a) deny you goods or services, (b) charge you different prices or rates for goods or services, (c) provide you a different level or quality of goods or services, or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under the CCPA.
- Right to Disclosure of Marketing Information. California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California residents to request certain disclosures regarding Personal Information sharing with affiliates and/or third parties for marketing purposes.
We endeavor to respond to a verifiable Consumer Privacy Request from a California Consumer within 45 days of receipt. If we require more time, we will notify you in writing of the reason and extension period. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding receipt of the verifiable consumer request. If we cannot comply with part or all of your request, we will explain the reasons in our response.
EUROPEAN UNION PRIVACY RIGHTS
We adopted this section to comply with the European Union’s General Data Protection Regulations (“GDPR”). This section applies solely to residents of the European Union (“EU Residents”). Zipcan offers the Software to individuals located in the EU as a data processor. However, if an EU resident interacts with Zipcan as a Customer or potential Customer, Zipcan collects and processes their Personal Information as a data controller. If you are an EU Resident, you have the following rights in relation to the Personal Information we hold about you:
- Right to know how we process your Personal Information. We have set the required notices in this Privacy Notice. We may provide you with additional notices about other ways we process your Personal Data, such as by sending you a notice via email or by other means of communication.
- Right to access your Personal Information. You can request to access your Personal Information. Upon request, we will provide you with a copy of your Personal Information, along with details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf. We may have one or more legally valid reasons to refuse your request in whole or in part, for example in order to protect the rights of other individuals.
- Right to restrict processing of your Personal Information. You can request that we restrict the processing of your Personal Information if (a) the data is inaccurate, (b) the processing is unlawful, (c) we no longer need the Personal Information, or (d) you exercise your right to object.
- Right to rectify your Personal Information. If you become aware that the Personal Information that we hold about you is incorrect, or if your situation changes (e.g., you change address), please inform us and we will update our records.
- Right to data portability. In some circumstances, we are required to provide your Personal Information to another organization at your request and in a structured, commonly used machine-readable format, so that the other organization can read and use it.
- Right to erasure (a.k.a. the “right to be forgotten”). Upon your request, and in certain circumstances and where we are required to do so by law, we are required to delete your Personal Information. This right is not absolute, and we may be entitled to retain and process your Personal Information despite your request. If you make this request, we balance certain legal, contractual and business interests against your right to request the deletion of your Personal Information.
- Right to object to certain processing of your Personal Information. Upon your request, and in certain circumstances and where we are required to do so by law, we will limit our processing of your Personal Information as you request.
- Right to not be subject to automated decision-making. Zipcan does not use Automated Decision-Making (“ADM”) as part of the Software, and we are not aware of whether a particular Customer uses ADM in connection with its transactions with its Chat Participants. Please check with the Customer you visit to confirm their use of ADM. If we engage in this activity in the future, you will have the right to object to a decision we make wholly by a computer or algorithm without human input and to receive information about this type of processing.
EU Residents may exercise these rights over their Personal Information, subject to our receipt of a verifiable Consumer Privacy Request, as well as any exceptions and limitations that may apply.
CANADIAN PRIVACY RIGHTS
We adopted this section to provide supplemental information in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”). This section applies solely to residents of Canada where PIPEDA applies (“Canadian Consumers”). PIPEDA gives Canadian Consumers specific rights regarding Personal Information offering details on an identifiable person without the inclusion of name, title, telephone number and business address of an employee of a business or organization. The following paragraphs describe PIPEDA rights and explain how to exercise those rights.
- Right to know why we collect, use and distribute the Personal Information we process. We have set the required notices in this Privacy Notice. We may provide you with additional notices about other ways we process your Personal Data, such as by sending you a notice via email or by other means of communication.
- Right to expect us to collect, use or disclose Personal Information responsibly and not for any other purpose other than which you consented. We set your expectations in this Privacy Notice, and collect express or implied consent at various stages of collection or processing. If we collect or use your Personal Information based on your consent, we will also notify you of any changes and will request your further consent as needed. You may withdraw your consent at any time with reasonable notice by contacting us at [email].
- Right to accuracy of your Personal Information. We take steps to reasonably ensure that your Personal Information we are using is accurate. In most cases, we rely on you to ensure that your information is current, complete and accurate. We provide methods for you to correct, update, and delete inaccurate Personal Information in your account, and we will provide you with reasonable assistance to ensure that your Personal Information is accurate in our systems and with our service providers.
- Right to access your Personal Information. Upon written request and identity authentication, we will provide you with your Personal Information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make the information available within 30 days or provide written notice where additional time is required to fulfill the request. If limited by law or potential infringement on another’s privacy rights, we may not be able to provide access to some or all of the Personal Information you request. If we must refuse an access request, we will notify you in writing, document the reasons for refusal and outline further steps that are available to you.
Canadian Consumers may exercise the above rights over their Personal Information, subject to our receipt of a verifiable Consumer Privacy Request, as well as any exceptions and limitations that may apply.
CONSUMER PRIVACY REQUESTS
Through the Software, Zipcan provides methods for you to directly change the Software settings to access, edit, delete or export certain Personal Information Zipcan has collected about you. If you wish to exercise your rights under applicable privacy laws beyond these options, please submit a verifiable Consumer Privacy Request:
- by email at email@example.com
- by phone at (458) 202-6903
Zipcan may only legally fulfill a Consumer Privacy Request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Information, and to properly understand, evaluate, and respond to the request. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so, such as requests that are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Note that if we process your Personal Information in our capacity as a service provider to a Customer, we may be required to instruct you to submit your request to that Customer.
HOW DOES ZIPCAN KEEP MY PERSONAL INFORMATION SECURE?
Data Security. We implement technical, organizational and physical safeguards in place to help protect your information from unauthorized access, processing or disclosure. We maintain internal policies to govern the collection, processing, access, and handling of data. We use technical safeguards to protect information online and stored on our systems. Please note, however, that no transmission of data over the Internet or mobile platforms is 100% secure, and we cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes.
Your Account. When you sign up or create an account with us, you will have a login and password. We encourage you to take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your login and password private. We are not responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized activity.
Consent to Transfer Personal Information from Outside the United States. Zipcan is owned and operated in the United States. If you use the Software, visit the Site or use our other Services from outside of the United States, Personal Information we collect about you will be transferred to our servers in the United States and maintained there indefinitely. This may require the transfer of your Personal Information out of your country of origin with laws governing data collection and use that may differ from or be more restrictive than U.S. law, or may result in governments, courts, law enforcement or regulatory agencies having access to or obtaining disclosure of your Personal Information pursuant to the laws of the applicable foreign jurisdiction. By allowing us to collect Personal Information about you, you consent to the transfer and processing of your Personal Information as described in this paragraph.
Third Party Websites. This Privacy Notice applies only to information collected by Zipcan. We may provide links to third-party websites for the convenience of our visitors and Customers, but we have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third-party websites, including Customer websites. Any access to and use of linked websites is not governed by this Privacy Notice, but instead is governed by the privacy policies of those websites. We are not responsible for the information practices of such websites. We encourage you to review and understand the privacy notices of such websites before providing them with any information.
CHANGES TO THIS PRIVACY NOTICE
If we make material changes to how we treat your Personal Information, we will post the revised Privacy Notice on this page. Your continued use of our Services after we make changes is deemed to be your acceptance of those changes. The date that this Privacy Notice was last revised is identified at the top of the page. You are responsible for periodically visiting this Privacy Notice to check for any changes.
If you have questions about our privacy practices or would like to make a complaint, please contact us at firstname.lastname@example.org, or at (458) 202-6903.