Privacy

`Effective Date: May 25, 2018

This privacy policy update applies to the ChatBeacon Live Chat Software (Version 3 or later), (“the Software”) and the ChatBeacon.io website. As you may know, data privacy laws have changed to protect personal data such as your email address better, and we want to make sure that we’re doing our part. If you are registered to receive our emails, you’ll continue to receive these. If you’d prefer not to hear from us any longer, then you can unsubscribe by emailing us at legal@chatbeacon.io.

SmartMax Software, Inc. (SSI) respects your privacy, and we strive to protect the security of your personal data by use of appropriate measures and processes. To comply with the new GDPR legislation, we have updated our procedures and policies and made the proper alterations to the Software for compliance and continued transparency. By using the Software, by the trial of, or purchase of any product offered by SmartMax Software, Inc., means the acceptance of this SSI Privacy Policy, SSI Terms, and Conditions and SSI Data Processing Agreement. We will not share or use your information with anyone except as outlined in this Privacy Policy but does not apply to information collected by other means (including live or offline) or from other sources. Please be assured that we’ll only use your personal information in accordance with data privacy laws and our Privacy Policy.

SmartMax reserves the right to modify this Agreement (including policies) at any time and will use reasonable efforts to notify Licensee of the changes via our website, direct email or other means. Changes to this Agreement may, for example, include security and product updates, company updates or legal compliance, and becomes effective at the time of the modification.

SMARTMAX IS WILLING TO PROVIDE SOFTWARE AND SUBSCRIPTION SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AS IT IS LEGALLY BINDING. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS HEREIN, SMARTMAX IS UNWILLING TO PROVIDE SOFTWARE LICENSING OR SUBSCRIPTION SERVICES TO YOU.

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This Privacy Policy Applies to the Collection and Processing of Personal Data

‍What information may be collected and Processed: 

Information collected may include: Name, email address, company name, physical address, website address (domain), credit card or payment information and geo-location data on both computers and mobile devices,SMS Chat, Facebook, Twitter, LinkedIn, ChatBeacon.io Blog, comments or reviews, personal information or any other information you give us, provided to us via the ChatBeacon Agent Application, ChatBeacon Chat Window or to a representative of SSI.

Information may be collected in multiple ways such as: Providing us with personal information when signing up to receive correspondence from SSI (i.e., SSI blog posts, direct emails, Facebook, Twitter). By signing up for a ChatBeacon Cloud Trial or On-Premise Trial. If you purchase ChatBeacon on behalf of another individual or company, we may collect their information including: Name, email address, company name, physical address, website address (domain), credit card or payment information and geo-location data on both computers and mobile devices,SMS Chat, Facebook, Twitter, LinkedIn, ChatBeacon.io Blog, comments, questions or reviews, personal information or any other information you give us, provided to us via the ChatBeacon Agent Application, ChatBeacon Chat Window or to a representative of SSI.

Reasons Information may be collected:

• to provide the services, you request including product support

• to send license information and or login information to access your account

• to send you offerings by email or US mail 

• to keep you informed about the status of your orders 

• to identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you 

• to notify you of product upgrades or provide other information concerning products you have purchased to notify you of company news

“Agent” means an individual who takes live chats and monitors customers across all channels, (i.e., Website, SMS, Social Media), where the ChatBeacon Software is in operation.                              

“ChatBeacon Agent Application” means the console that your Chat Agents log into to take live chats on your website, also known as the "Operator Console."

“ChatBeacon Code”means proprietary JavaScript code, other code, or software development kits (SDK’s), provided to you by SmartMax for deployment on Customer websites.

“Customer Data”means data that is provided directly by a Customer to an Agent or indirectly, on behalf of a Customer to an Agent and is far more generalized than Personal Data. It can include, but not limited to basic information provided by a Customer when completing a pre-chat or post chat form, the chat information itself and the corresponding logs, type of communication device (i.e., type of mobile device or OS or browser used). 

“ChatBeacon Chat Window” means user interface for online visitors allowing communication (customer support, sales, and inquiries) with chat agents or AI ChatBots.

“End User” means an individual who uses the ChatBeacon Software to communicate with a customer.

“Licensee”means Customer or you.

“SMS Chat” means the chat feature which allows your customers and prospects to communicate with your live chat agents via SMS text message.

“Subscription Services”means the Chatbeacon Live Chat Software is provided as a software-as-a-service solution (SaaS) and designed to enable Licensees to communicate to their "customer" on their website via the ChatBeacon Agent Application. 

“Software”means the Chatbeacon Live Chat Software (Version 3 or later), including any updates provided by SmartMax, and “SmartMax” proprietary technology and source code. 

“SmartMax Content” means any and all material developed by SmartMax and made available for use by Licenseeincluding any designing of Licenseewebsite, and templates prepared by SmartMax for use by Licensee.

“Personal Data”means data, in context of GDPR, covers a much broader range of information such as: Name, email address, company name, physical address, IP Addresses, website address (domain), transaction history, credit card or payment information, geo-location data on both computers or mobile devices, comments, questions or reviews, and any other information provided. It is any information that can be directly or indirectly linked to a particular individual by reference to specific, identifiable factors.

 “Visitor” means an individual who is browsing a website where ChatBeacon is in use.

“Website”means LicenseeInternet presence, identified by the domain name provided by Licensee. 

Logging of Data– When you use the Software, the application server hosting the ChatBeacon chat server will create and store web server access logs, error logs, security audit logs and application logs. The log files will record a time-stamped documentation of events, including information that your browser automatically sends when you visit a website. The log files may include IP addresses, usernames, and other personal information, but this information is collected for the limited and legitimate purpose of detecting and preventing fraud and unauthorized system access, and ensuring the security of our systems, as described in Recital 49 of the GDPR law: https://gdpr-info.eu/recitals/no-49/and Article 6, Paragraph 1, Point F.

Cookie Data -  The Software does NOT use cookies. ChatBeacon uses browser storage, specifically the local and session storage to store information about the visitor's website session. ChatBeacon does not store any personal information in the local browser storage.

Device Information – In addition to logging of data SSI may collect information regarding the type of computer or device you are using, including the Operating System, browser type, screen resolution and user agent.Please note that many promotions and mailings are completed well in advance, so you may continue to receive some offers after you ask us to stop sharing your information. We appreciate your patience in giving us time to carry out your request.

1) ChatBeacon On-Premise Customers (Version 3 or later), purchase a perpetual software license and install and manage their own software installations, networks, data and security, and therefore are entirely responsible for the handling of any personal data collected through the ChatBeacon (Version 3 or later) software, ChatBeacon Chat Window or ChatBeacon AI ChatBots.

2) ChatBeacon Cloud Customers (Version 3 or later), who are current customers or former customers who wish to access, correct, modify or delete data will be directed to submit their request via email to privacy@chatbeacon.io. Once the request is received, SSI will acknowledge receipt of the inquiry within seventy-two business hours, (excluding weekends and Holidays) and will proceed with due diligence, confirming the identity of the requestor. Once confirmed, SSI will promptly assist with access to the personal data.

2a) Personal data for ChatBeacon Customers (Version 3 or later), is retained for the duration of time the account is in “good standing” with SSI. At the time of cancellation by the customer, data will be available to access by the request terms aforementioned for a length of 30 days.

3) SmartMax maintains the right to cancel any service with or without notice due to abuse, including inappropriate and unprofessional behavior, non-payment for services rendered, fraud, obscenity, causing harm to SSI or others or considered a security risk. If termination of service is deemed necessary, there will not be a refund.At the time of termination of the customer, data will be available to access by the request terms aforementioned for a length of 30 days.

1) Personally Identifiable Information:  SmartMax will not sell, rent, trade, license or otherwise disclose your specific to anyone. If you are a ChatBeacon Cloud Customer (Version 3 or later) of SSI, we may store personal information in locations outside of the direct control of SSI, such as third-party hosting companies, i.e., AWS and Microsoft Azure.

2) Non-Personally Identifiable Information: SSI may share non-personally identifiable information such as, Behavior, patterns or trends, firmographic data collected from website usage and movement, anonymous usage data, referral pages and URL’s, chat data to include most common questions and inquiries, most popular website pages, products or services, number of clicks and average chatting time and wait times.

3) If you choose to purchase goods and services from SSI, your payment information will be processed through one of our third-payment processors (Stripe, Recurly, Authorize.net, PayPal, or Banking Institution).

4) We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a specific date) with third parties such as advertising partners. This information does not directly personally identify you or any customer.

5) Personal information provided to us while opting in on an SSI promotion, including reviews, comments, may be publicly disclosed. Information may consist of the name, city, and state of winners of any "freebie" or giveaway promotions.

In the event, SmartMax may acquire, sell, transfer or merge with or be acquired by or merged with another company, your personal information may be among the assets sold or otherwise transferred in these types of transactions; including bankruptcies, dissolutions, reorganization, liquidation or proceedings involving all or part of the corporation. Disclosure of personal information will be subject to the Privacy Policy in effect.

The ChatBeacon.io website is designed to give you options concerning the privacy of your credit card information, name, address, e-mail and any other information you provide us. We use SSL encryption to protect your personal information online, and we also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job, are granted access to your personal information. While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline. If at any time you would like to make a purchase, but do not want to provide your credit card information online, you may contact a sales representative over the telephone.

We will not, under any circumstances share your personal information with other individuals, organizations (private or public) or corporations without your permission, except when applicable by law. We do not sell, communicate or divulge your information to any mailing lists, and at any time, you may opt-out or stop receiving correspondence from SSI. We may be required to disclose personal information in response to requests from law-enforcement officials conducting investigations; subpoenas; a court order; or if we are otherwise required to disclose such information by law and where disclosure is necessary to protect our legal rights, property, enforce our Terms of Use or other Agreements, or to defend ourselves or others, the security or integrity of our Software or Service. 

‍While visiting ChatBeacon.io, you may link to websites operated by our business partners or other third parties; this does not mean that we endorse these websites. We do not make any representations or warranties about any website you may access through our website. They are independent of us, and we have no control over, or responsibility for, their information or activities. You need to make your own independent decisions regarding your interactions or communications with any other Website. If you provide personal information at one of those sites, you are subject to the privacy policy of the operator of that site, not the SSI privacy policy. We encourage you to read that policy before submitting any personal information.

‍The United States Congress enacted the Children's Online Privacy Protection Act (COPPA) in 1998. It imposes specific requirements on websites or online services directed at children under 13 years of age, which knowingly collect information on those children. SmartMax does not knowingly collect or solicit any personal information from anyone under the age of 13. SSI promotions are restricted to entrants who are at least 18 years old. No one under the age of 15 should submit any personal information `to this or any other website without the consent of a parent or guardian.

At SmartMax Software, developers of ChatBeacon, we have fully embraced the GDPR and have worked diligently on alterations to the ChatBeacon software, as well as, our procedures and policies in order to maintain transparency and to make it easier for customers to comply with the regulation.

SO WE MAY COMPLY WITH THE GDPR LEGISLATION, PARTICULAR ALTERATIONS HAVE TAKEN PLACE, SUCH AS:

• Changes to the ChatBeacon Chat Window

• Changes to the ChatBeacon ChatBot

• Changes to the Software which will allow better control of Customer Data

• Updates to the ChatBeacon documentation complying with GDPR requirements

• Data portability, allowing individual data to be exported, modified or request deletion of personal data

• Revisions to our data models

• Coordinating with our Vendors to secure GDPR plans and Agreements

• Maintain a Security Incident Response Program.

• Revisions to our Data Processing Agreements (DPAs)

• Appointment of a Data Protection Officer (DPO)

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AS A CHATBEACON CUSTOMER, AND A COMPANY, YOU’LL WANT TO CONSIDER THE FOLLOWING:

• Become familiar with the GDPR requirements

• Update your Terms of Service and Privacy Policy to reflect the changes needed in regards to the collection of client data, the way it is processed and deleted.

• Review and Update your Security Policies and Data Processing Agreements and Data Breach Notification procedures accordingly.

You may choose to submit a product review. If you post a review, we will ask for your email address and geographic location. If you provide a review, your geographic location may be visible to other users (your email address will be kept private). Also, any personally identifiable information that you submit as part of the review can be read or used by other visitors to the Site. We are not responsible for any personally identifiable information that you choose to submit as part of your review. We believe you can post a helpful review without disclosing any personal information.

You may opt-out of SmartMax Software Inc. (SSI) or ChatBeacon marketing lists at anytime.

Periodically, we may send you information about our various products and services, or other products and services we feel may be of interest to you. Each time you receive an email from SSI, you will be given the opportunity to “opt-out” or stop receiving them.If you choose to "opt-out," we will stop sending you e-mails. Please note, however, that some e-mail promotions are prepared well in advance, so you may continue to receive offers after you have chosen to "opt-out." We appreciate your patience in giving us time to carry out your request.

Use Restrictions The copyright in all material provided on this website (“Site”) is held by SmartMax Software, Inc. (“SSI”) or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SSI or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without SSI’s permission, “mirror” any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All text, software, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations — both individually and as they are compiled on the site are protected by United States and international copyright laws. Trademarks and Copyrights - All trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates. U.S. Government Restricted Sites The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of SSI’s proprietary rights in them. Acceptance of Terms of Use Use of this Site is subject to certain Site Terms of Use, which constitute a legal agreement between you and SSI. By using this Site, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use. Please review the Site Terms of Use, and if you do not agree to the terms, do not use this Site.

Legal Notice Copyright © 2018 SmartMax Software, Inc.

The following are terms of a legal agreement between you and SmartMax Software, Inc. (“SSI”). By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by SSI from its offices within the United States. SSI makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. Use of Site You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or International law; or (c) includes any viruses, worms, trap doors, Trojan horses or other harmful code or properties. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Oklahoma. Errors and inaccuracies Our goal is to provide complete, accurate, up-to-date information on our Website. Unfortunately, it is not possible to ensure that any Web site is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions — including after an order has been submitted — and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

We make no representations or warranties of any kind, whether express or implied, with respect to this Website, its content, or the information available on or through it; they are provided “as is,” with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this Website or any other Website linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting SSI an irrevocable and unrestricted license to use (worldwide), modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

By visiting this website, you agree that the laws of the State of Oklahoma, USA without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates. International Access This Site may be accessed from countries other than the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

Terms of Use Copyright © 2018 SmartMax Software, Inc.

SmartMax Software, Inc.

8801 South Yale Ave., Suite 460

Tulsa, Oklahoma 74137 USA

‍If we change or update this Privacy Policy, we will post changes and updates on this Site so that you will always be aware of what information we collect, use and disclose. We encourage you to review this Privacy Policy from time to time, so you will know if the Privacy Policy has been changed or updated. If you have any questions about the Privacy Policy, please contact us at legal@chatbeacon.io.