WhatsApp Business - Privacy Policy and Terms of Service

Effective date: 01/02/2025

Term Of Service

DEFINITIONS
1. Account – the primary means for accessing the Services on the Website and/or the Application and/or Application by using a username and password.
2. Application – an application developed by the Provider, which enables the use of the Services under the Plan purchased by the Client, including but not limited to WhatsApp Business, the application developed by the Provider and functioning within the application environment of the WhatApp owned by WhatsApp LLC and the LiveChat owned by Text, Inc.,
3. CC – the Polish Civil Code of April 23, 1964 (consolidated text of June 9, 2022, Journal of Laws of 2022, item 1360 as amended).
4. Client – a Consumer or an Entrepreneur concluding the Contract with the Provider.
5. Consumer - a natural person concluding the Contract with the Provider, which is not directly related to the Consumer's business or professional activity, pursuant to art. 221 of CC.
6. Consumer Law – Polish Act On Consumer Rights of May 30, 2014 (consolidated text of January 28, 2020, Journal of Laws of 2020, item 287, as amended).
7. Contract – the agreement between the Provider and the Client for the use of the Services, consisting of the General Terms and Special Terms.
8. Course(s) – the course(s) offered by the Provider as part of a Plan.
9. Electronic Services – electronic services provided by the Provider via the Account, the Website and/or the Application under sec. 17 of the General Terms.
10. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf, pursuant to art. 431 of CC.
11. Force Majeure - any acts of war, terrorist acts, insurrection, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic, natural disaster, civil disorders, rebellions or revolutions or any similar event, which is unavoidable and not attributable to either Party.
12. Fee – payment due to Provider for using the Services.
13. General Terms – these General Terms and any future modifications thereof, published on the Website and/or the Application or made available to the Client otherwise in connection with the conclusion of the Contract and use of the Services.
14. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
15. IP Rights – intellectual property rights, including copyrights and related rights, as well as the industrial property rights, related to the Services, Website and/or the Application, Materials or other data made available by the Provider to the Client under the Contract, which belongs entirely to the Provider.
16. Materials – all the materials made available to the Client and the User as part of using the Services, either via the Website and/or the Application, the Account or otherwise, including, but not limited to, documents, invoices, WhatsApp messages, etc.
17. Party – either the Client and the Provider.
18. Payment Institutions – entities, which provides payment services for the purposes relating to the Contract, which are indicated by the Provider on the Website and/or the Application and through which the Client can pay the Fee.
19. Plan – the specified scope of Services defined for appropriate Plan, especially consisting of the particular package of messages, which may be sent by the Client to the designated recipients, offered by the Provider to the Client, described and execute by the Website and/or the Application and/or the Application and provided under the Contract, which are available to the Client upon of the monthly subscription.
20. Privacy Policy – Privacy Policy, a document regulating processing of Clients’ and Users’ personal data pursuant to GDPR, adopted by the Provider and published on Website and/or the Application.
21. Provider – Livechat Integrations spółka z ograniczoną odpowiedzialnością, with its registered office in Mirków, ul. Hiacyntowa 14, 55-095 Mirków, REGON: 524225302, NIP: 8961621109, registered in the Register of Entrepreneurs of the National Court Register by the District Court in Wrocław Fabryczna in Wrocław, IX Commercial Division of the National Court Register under the number: 0001013695, with a share capital of PLN 5.000.00, e-mail: contact@livechat-integrations.com.
22. Services – the services provided to the Client by the Provider as part of a Plan under the Contract.
23. Special Terms – the specific terms applicable for a particular Plan, and any future modifications thereof, published on the Website and/or the Application or made available to the Client otherwise in connection with the conclusion of the Contract and use of the Services. The Special Terms constitute the integral part of the General Terms. Where reference is made to the General Terms, it also means Special Terms, unless a given provision expressly provides otherwise.
24. User – a natural person who use the Account and access the Services as the Client, being a Consumer, Entrepreneur or acting on behalf of the Entrepreneur as his representative, employee or associate.
25. Website – https://www.livechat-integrations.com/ – the Website of the Provider, which is used for the provision of Services.
GENERAL PROVISIONS
1. The General Terms regulate the rules of concluding the Contract, access to the Account and provision of the Services, as well as principles of cooperation between the Client and the Provider related to it.
2. The General Terms apply to all Contracts concluded with all Clients in relation to all Services provided by the Provider.
3. The Client shall read carefully the General Terms before the conclusion of the Contract.
4. Upon conclusion of the Contract, it is assumed that the Client has read and accepted the General Terms in their entirety.
5. The General Terms form a legally binding Contract between the Provider and the Client. Upon acceptance of the General Terms by the Client, a legally binding Contract is concluded between the Provider and the Client.
6. The General Terms are available all the time on the Website and in the Application. The Client may read them at any time and in any place via the Website or the Application.
7. In respect to the Consumers, the provisions of the General Terms do not infringe or limit the rights of Consumers resulting from the provisions of the Consumer Law. In the event of any inconsistency between the General Terms and the Consumer Law, the Consumer Law shall prevail.
8. In all maters not covered by the General Terms, the provisions of the competent statutory law are applicable. In particular, in respect to the Consumers the provisions of the Consumer Law are applicable.
GENERAL TERMS FOR USING THE SERVICES
1. If the Client is the Entrepreneur, who is not a User, the Entrepreneur is liable for introducing and obtaining User’s consent to the General Terms and the Privacy Policy, prior to providing the Provider any personal data about the User and prior to usage of the Services with any User.
2. The Entrepreneur remains liable towards the Provider for any actions of the User related to the Account or Services. The Entrepreneur shall ensure that any actions of the User will be compliant with the General Terms.
3. Services are provided only to adult Users, i.e. beyond 18 years old, having full legal capacity. By accepting the General Terms, the Client states, that he/she meets this requirement and will assure, that all of the Users will also meet this requirement.
4. The Contract may be concluded only with the Client, who has full legal capacity to conclude it, pursuant to provisions of CC. In case of the Entrepreneur, the Contract shall be signed by the person duly authorized to represent the Entrepreneur and the Provider is entitled to request from the Client a document confirming such authorization any time. The Client may have different Accounts if abides the rules of this General Terms.
5. The Services are provided on the basis of the Plan selected by the Client, from the Plans available on the Website and/or the Application, and accepted by the Provider.
6. The commencement of the provision of Services takes place only after the Plan is selected and accepted by the Client and after the payment of the Fee pursuant to sec. 7 of the General Terms.
7. Regardless to the other provisions of the General Terms, the Contract is effective only after the Fee will be accepted by the Payment Institution.
8. The Services are provided for a Fee, which shall be paid by the Client pursuant to sec. 7 of the General Terms.
9. The Services are provided only in English language. The Client is solely responsible for verifying the Users' ability to use the Services, in connection with their language skills.
10. To use the Services, the User shall have the full access to the:
  1. personal computer, telephone, tablet or any other device, which has installed relevant operation system i.e. Windows, Mac, Android, IOS, with installed current drivers and required system updates, which provides possibility to use the Website and/or the Application,
  2. stable Internet connection,
  3. the Facebook Account, i.e. the User shall have an active Facebook account,
  4. the LiveChat Account, i.e. the User shall have an active LiveChat account,
11. The use of the Services may require the access of the User to the additional IT software or application indicated by the Provider (e.g., Jira, Confluence, Fliplet, Postman). In the above situation, the Provider shall make the required IT software or application available to the User and the User shall read, accept and apply the terms and conditions of such IT software or application.
12. The Provider shall inform the Consumer about updates, including security updates, necessary to maintain compliance of the Services with the Contract and provides them to the Consumer for the period of:
  1. the provision of Services specified in the Contract, on the basis of which the provision of Services takes place on a continuous basis, or
  2. reasonably expected by the Consumer, taking into account the type of Services and the purpose for which they are used, as well as the circumstances and nature of the Contract, if the Contract provides for the provision of Services once or in parts.
13. If the Consumer fails to install the updates provided by the Provider within a reasonable time in accordance with sec. 3.12. above, the Provider shall not be liable for the non-compliance of the Services with the Contract resulting solely from the lack of updates, if:
  1. Provider informed the Consumer about the update and the consequences of not installing it,
  2. failure to install or incorrect installation of the update did not result from errors in the installation instructions provided by the Provider.
14. The content of the Services shall be provided in the latest version available at the time of concluding the Contract, unless the Parties have agreed otherwise.
15. If the Services are inconsistent with the Contract, the Consumer may demand that they be brought into compliance with the Contract. However, the Provider may refuse to bring the Services into compliance with the Contract, if bringing the Services into compliance with the Contract is impossible or would require excessive costs for the Provider. The Provider brings the Services into compliance with the Contract within a reasonable time from the moment when the Provider was informed by the Consumer about the lack of compliance with the Contract, and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Services into compliance with the Contract shall be borne by the Provider.
16. The Provider indicates that each use of the Services and Electronic Services is associated with potential threats, including identity theft (phishing) and passwords, spam, malware and spyware, and hacker attacks. To maintain security, it is recommended that the devices used by the Client and the User be equipped with an up-to-date anti-virus program and a firewall, and the programs used are updated on an ongoing basis.
17. By accepting these General Terms, the Client and/or User acknowledges that he/she has been informed and agrees that in the performance of the Service or Electronic Service, Provider will use artificial intelligence (AI) or generative artificial intelligence (GAI) tools to the extent necessary for the performance of the Services.
APPLICATION PHASE
1. To apply to use the Services, the Client shall fill in the application on the Website and/or the Application and:
2. provide requested data of the Client, including:
3. in the case of Consumer - its name and surname, contact data, address data,
4. in the case of the Entrepreneur - business name, contact data, address data, tax identification number, the number in the register of entrepreneurs of the National Court Register (if applicable), as well as the data of the User, i.e. User’s name and surname, contact data and address data,
5. select a Plan, from the Plans available on the Website and/or the Application.
6. After the Client’s application is filled, the Client will be redirected to the payment page where the Client shall pay for the Services.
7. After completing the payment for the specific Plan, the Client will receive a payment confirmation and email with the information about access to the Services.
ACCOUNT
1. The Services can be used via the Account. The Account is created by the Provider after:
2. the Plan is selected and accepted by the Client and the Provider,
3. the Fee is paid by the Client pursuant to sec. 7 of the General Terms.
4. The Account can be used only by the User who is authorized to use the Services. Only one User may be assigned to each Account. The User undertakes not to share the User’s log-in details (username and password) with any third parties.
5. In the case that the Client is the Entrepreneur, the Entrepreneur retains access to the Account, although only the User may use the Services. In this respect the Entrepreneur shall not make the Account accessible for more than one User.
6. The User undertakes to keep the log-in details a secret in such a way that they do not fall into the hands of any third parties. The Client is obliged to immediately notify the Provider:
7. about any loss of log-in details,
8. about any disclosure of log-in details,
9. if the log-in details is disclosed intercepted by a third party,
10. about any unauthorized or illegal use of the Account,
11. if any third party gains access to the Account.
12. In the events specified in sec. 5.4. above, the Provider is entitled to:
13. block or restrict the access to the Account, the Materials or the Services,
14. allow the User to reset log-in details,
15. take any other necessary measures.
16. The Client and the User are fully liable for any activities on and via their Account.
GENERAL OBLIGATIONS OF THE PARTIES
1. The Client and the User shall:
2. use the Services, the Materials and the Account pursuant to the provisions of the General Terms and applicable provisions of law;
3. use the Services, the Materials and the Account in a manner that will not infringe IP Rights,
4. use the Services, the Materials and the Account for their intended purpose only and for Client’s or User’s own personal or business use only,
5. use the Services, the Materials and the Account in compliance with the GDPR and any other relevant and applicable laws concerning personal data processing, especially but not limited to provision of the content only to the person or entity who has given its prior consent in the appropriate model or way (i.e. obligatory opt-in model) required by applicable law,
6. not resell, distribute, record, copy, share, display or otherwise use the Services, the Materials or any other data related to the Services or available through the Account or the Website and/or the Application, for any purposes which are inconsistent with the General Terms, especially for any other business, commercial, advertising or marketing purposes, other than the purposes resulting from the certain Plan,
7. use the Account, the Services and the Website and/or the Application in a way that does not interfere with their functioning,
8. refrain from taking actions that hinder or may hinder the use of the Account, the Services and the Website and/or the Application by other Clients,
9. refrain from sending content which in any form, in any way could be considered offensive, vulgar, attacking, or in any way violating any rights of others persons, especially but not limited to pornographic content,
10. not to disseminate illegal content via the Account, the Services or the Website and/or the Application, and not use the Services and the Account for any illegal activities, especially but not limited to sending any malware or spying software.
11. The Provider shall:
12. provide the Services in accordance with the General Terms;
13. make the Account and the Materials accessible for the User for the duration of the Plan and for alt least 1 month after the completion of the Plan.
14. The Provider is obliged to provide the Consumer with confirmation of the conclusion of the Contract on a durable medium within a reasonable time after its conclusion, before the start of the Services.
15. By accepting these General Terms the Client represents, that it has performed all responsibilities required by the GDPR and any other relevant and applicable laws concerning personal data processing, for the use of the Services, the Account and the Materials, in particular but not limited to obtaining all consents from any persons or entities for the provision of content to them and/or the processing of their personal data in the relevant model (i.e. obligatory opt-in model) required by applicable law. In the course of using the Service, the Client and/or User will only have access to a limited amount of any personal data, only needed to perform the Service properly, to which they agree by accepting of this General Terms.
16. By accepting these General Terms the Client represents to use the Application strictly in accordance with the applicable WhatsApp Business Solution Terms and LiveChat Terms, as well as all other applicable terms, guidelines, and policies.
17. The Provider may demand from the Entrepreneur a contractual penalty in the amount of 5,000 (five thousand) euros in the event of any violation of the sec. 6.1.4., 6.1.5., 6.1.8, 6.1.9. or 6.4. of the General Terms, as well as any damages exceeding the contractual penalty.
PAYMENT
1. The Services are provided for a Fee.
2. The Fee depends on the Plan chosen by the Client.
3. The current amounts of Fee are available on the Website and in the Application.
4. The Client does not bear any Fee or other costs:
5. related to the opening of the Account on the Website and/or the Application,
6. if the Contract is terminated under the provision of sec. 3.7. of the General Terms.
7. No Fee is charged from the Client until the Plan is selected and accepted.
8. After the Plan is selected and accepted, the Client will be redirected to the payment page where the Client shall pay for the Services.
9. Upon the payment of the Fee, the Client will be provided with the access to start to use the Services.
10. The payment may be made only as a single fixed payment of the Fee. The payment shall be made through the services of the Payment Institution, where the Client will be redirected after choosing of the Plan.
11. The payment services provided to the Clients by the Payment Institutions, are not a subject of the General Terms and the Provider is not liable for them. Using the services of the Payment Institutions and conclusion of a contract with them is a subject to voluntary decision of the Clients and it stays beyond the scope of the Contract. The terms of services of the relevant Payment Institution shall be accepted by the Client and thus apply.
12. As long as the Fee is not paid in full by the Client, the Provider is not obliged to provide any Services. The Provider may suspend all his actions under the Contract until receipt of the Fee paid in full.
13. The payment of the Fee for the Plan is paid for the consequent period of provision of the Services in the subscription model and/or for the certain amount of the messages sent upon the Service. If the payment of the Fee for the consequent period of provision of the Services in the subscription model won’t be paid by the Client, the Services won’t be performed by the Provider until the payment for the consequent period will be incurred by the Client. In the situation when the Client will exhausts the prescribed number of messages that can be sent using the Service in a given Plan, or otherwise exceeds the limits of the Service as indicated in the content of the Special Terms, in order to continue using the Services, the Client shall have to use another Plan to continue using the Services or purchase additional messages if applicable in the given Plan.
14. At the latest when the Consumer expresses his will to conclude the Contract, the Provider is obliged to obtain the Consumer's express consent for any additional payment exceeding the agreed Fee for the Provider's main contractual obligations.
QUALITY AND AVAILABILITY OF SERVICES
1. The Provider shall make best efforts to provide the Services, including via the Website and/or the Application, in an uninterrupted manner, however the Client acknowledges that the provision of Services may be interrupted in the case of:
2. maintenance, service, repair and other works that cover the IT infrastructure, including Internet connection, servers, Website and/or the Application, software, computers or other devices, used by the Provider to provide the Services,
3. occurrence of any failures or disturbances in the IT infrastructure, including Internet connection, servers, Website and/or the Application, software, computers or other devices, used by the Provider to provide the Services.
4. The Provider is not liable for User’s unavailability to use the Services and for any interruptions deriving from the User’s IT infrastructure, including Internet connection, software, computers or other devices, used by the User to use the Services.
5. The Services may be unavailable due to reasons specified in sec. 8.1.1 and sec. 8.1.2. above for a certain period of time. In case if:
6. the works specified in sec. 8.1.1. above are planned - the Provider shall notify the User at least 2 (two) calendar days in advance via e-mail,
7. the works specified in sec. 8.1.1. above are unplanned, but it is necessary to implement them immediately - the Provider shall notify the Client about them as soon as possible.
8. The Entrepreneur agrees and confirms that the content, format, and schedule of the Services may change from time to time (primarily possible changes in the format of study and the content of the Courses, as well as schedule) and this will not be considered a breach of the Contract by the Provider.
9. The Provider does not grant a guarantee regarding the Services.
10. In respect to the Consumers, the Provider may make changes to the Services, including especially the content, format, and schedule of the Services, for technical or organizational reasons. Introduction of the change to the Services shall not involve any costs on the part of the Consumer. The Provider is obliged to inform the Consumer in a clear and understandable way about the above changes in the Services.
11. If changes to the Services referred to in sec. 8.6. above significantly and negatively affect the Consumer's access to the Services or the use of the Services, the Provider is obliged to inform the Consumer in advance on a durable medium about the properties and date of making the changes and about the right to terminate the Contract referred to in sec. 14.8. of the General Terms.
INTELLECTUAL PROPERTY RIGHTS
1. The IP Rights are the ownership of the Provider to the full extent. The Provider is the owner of all IP Rights created during the performance of the Contract.
2. Nothing in the General Terms should be read as transferring or licensing to the Client or to the User any IP Rights, unless expressly stated herein.
3. The Provider grants a consent to use by the Client the IP Rights only in the scope, which is necessary to perform the Contract and only for the duration of the Contract. This consent concern only personal use of IP Rights in the scope of downloading, displaying and using the shared data and materials in accordance with the content of Services. The above consent expires immediately upon the expiry of the Contract, without a need of making separate statements in this respect.
4. In the scope exceeding the consent specified in sec. 9.3. above, any use of IP Rights is not allowed, unless the Provider grants a separate, additional consent expressed in writing under pain of nullity.
5. The Client and the User may not use IP Rights or any other content relating to the Website and/or the Application, Services or Materials for any business, commercial, advertising or any other purposes, which are not consisted with the General or Special Terms. In particular the Client and the User shall not resell, rent, lease, disclose, distribute, publish, record, copy, make available to third parties or otherwise use or exploit IP Rights or any other content relating to the Website and/or the Application, Services or Materials.
6. The Client and the User shall not alter or modify IP Rights or any other content relating to the Website and/or the Application, Services or Materials, remove any copyright notices or make the Materials available to any third persons anyhow.
7. The Entrepreneur shall not to make the Website and/or the Application, the Account, the Services or the Materials accessible for anyone else besides the User.
8. Any violation of this sec. 9 shall be considered a material breach of the Contract, in which case the Provider may use the legal remedies stipulated in sec. 11 below towards the Client.
9. The Provider may also demand from the Entrepreneur a contractual penalty in the amount of 5,000 (five thousand) euros in the event of any breach of IP Rights, as well as any damages exceeding the contractual penalty.
10. This sec. 9 shall survive the termination of the Contract, regardless of the reason thereof.
PERSONAL DATA
1. The Provider processes the Client’s and User’s personal data as described in the Provider’s Privacy Policy, which is available below.
LEGAL REMEDIES OF THE PROVIDER
1. If the Client or the User breaches the Contract, the Provider has the right to:
2. terminate the Contract pursuant to sec. 14.2.1. and sec. 14.3. of the General Terms,
3. temporarily suspend provision of the Services, restrict the User’s access to the Services or block the Account in the cure period indicated in sec. 14.3. of the General Terms, in cases where it is necessary.
4. The remedies specified in sec. 11.1.2. shall be terminated once the breaches have ceased and the lawful state has been restored.
5. If the Client or the User materially breaches the Contract, as specified in sec. 14.7. of the General Terms, the Provider has the right to:
6. terminate the Contract with the immediate effect, pursuant to sec. 14.2.2. and sec. 14.4. of the General Terms,
7. stop providing the Services and delete the Account immediately.
8. In addition to the legal remedies above, the Provider has the right to use any other legal remedies under the applicable provisions of law, including, but not limited to, claim for damages and claim for cessation of infringements.
LIABILITY OF THE PROVIDER
1. The Provider’s liability is towards the Client only. The Provider is not liable for causing any damages to any third parties in relation to providing the Services.
2. The Provider is not liable for any damages suffered by the Client or the User because of the Provider’s use of its legal remedies specified in sec. 11 of the General Terms.
3. The Provider is not liable for the interruption or unavailability of Services in the cases specified in sec. 8 of the General Terms.
4. If the Contract is concluded with the Entrepreneur, the Provider’s liability towards the Entrepreneurs is limited to the following scope:
5. the Provider is not liable for any damages caused to the Entrepreneur, including in particular the loss, lost revenue, profit or data, except for damages caused intentionally by the Provider to the Entrepreneur,
6. if the Provider is liable for damages pursuant to sec. 12.4.1. above, the Provider’s liability is limited to the total amount of the Fees paid by the Entrepreneur to the Provider during last the 3 (three) calendar months prior to the event causing the Provider’s liability.
7. If the Contract is concluded with the Entrepreneur, the liability of the Provider towards the Entrepreneur under the warranty for any defects in the Services is entirely excluded.
8. In respect to the Consumers, the provisions of this sec. 12 above, do not infringe or limit the rights of Consumers and do not exclude or limit the Provider’s liability towards the Consumers, which results from the provisions of the Consumer Law. In the event of any inconsistency between the General Terms and the Consumer Law, the Consumer Law shall prevail.
FORCE MAJEURE
1. If either Party is prevented, hindered or delayed from performing its obligations under the Contract by reason of Force Majeure, failure to perform any obligations under the Contract shall not be deemed a breach of or default under the Contract and neither party shall be liable to the other therefore.
2. The Party affected by the Force Majeure shall immediately inform the other Party about the Force Majeure and provide the information about the expected duration of the Force Majeure and the expected date of return to performance of the Contract, if that is possible. After the expiration of the Force Majeure, the Party affected by the Force Majeure shall immediately inform the other Party about it and shall immediately start perform the Agreement.
3. During the Force Majeure the Party affected by the Force Majeure shall make efforts to minimize the effects of the Force Majeure, secure the interests of the other Party and regain the possibility of full performance of the Contract, as much as it will be reasonably possible.
VALIDITY OF THE CONTRACT
1. The Contract is concluded upon acceptance of the General Terms for a definite period covering the duration of the Plan and for at least 1 month after the end of the validity of the Plan and/or after the Client has consumed the purchased number of messages in the given Plan. After the above term the Contract expires and the Account shall be closed.
2. Each Party has the right to terminate the Contract only for the following valid reasons:
3. in case of breach of the Contract by the other Party, if the breach has not been cured within 7 (seven) calendar days from the receipt of the notice from the non-breaching Party, as specified in sec. 14.3. below,
4. in case of material breach of the Contract by the other Party, pursuant to sec. 14.7. below.
5. In case specified in sec. 14.2.1. the non-breaching Party shall send a notice to the breaching Party requesting the cessation of breaching the Contract and restoration of the state compliant with the law. If the breach has not been cured within 7 (seven) calendar days from the receipt of the above notice, the non-breaching Party may terminate the Contract with notice period of 7 (seven) calendar days. The above-mentioned notice shall be made in writing or in documentary (e-mail) form, under the pain of nullity. In the event of a Force Majeure, the deadline for remedying and rectifying the breach of Contract in the described scope shall be suspended until the effects of the Force Majeure event have ceased. In the situation of interruption of the Service due to the fault of the Provider, the time during which the Client cannot use the Account and the Services will not be counted towards the duration of the Plan. However, the hereby stated rules does not limit the Provider's ability to take actions necessary to remove the breach made by the Client or its effects on its own immediately, if it is possible.
6. In case specified in sec. 14.2.2. the non-breaching Party may terminate the Contract with immediate effect.
7. The termination notice shall be made in writing or in documentary (e-mail) form, under the pain of nullity.
8. In reference to sec. 14.2.2. and sec. 14.4. above, the material breach of the Contract by the Provider is considered as not making available the Materials and/or the Account to the Client for the period of time of at least 14 calendar days, which results in the Client’s inability to use the Services in line with the obtained Plan.
9. In reference to sec. 14.2.2. and sec. 14.4. above, the material breach by the Client is considered as:
10. the User and/or the Client infringing the IP Rights of the Provider,
11. the User not fulfilling the conditions necessary for using the Services under the chosen Plan that are described on the Website and/or the Application and/or in the content of the Special Terms of the chosen Plan;
12. the User behaving maliciously and/or unethically when using the Services;
13. the User and/or the Client damaging the reputation of the Provider;
14. the User and/or the Client breaching provision of sec. 6.1. of the General Terms and/or providing a false statement concerning the issue stipulated in sec. 3 of the General Terms,
15. any other important breach by the User and/or the Client, which makes it impossible for the Provider to continue the provisions of the Services.
16. Moreover, in the case referred to in sec. 8.6. of the General Terms, the Consumer may terminate the Contract with immediate effect within 30 days from the date of the change in the Services, or notification of this change, if the notification took place later than this change. The above right is vested in the Consumer, regardless of other provisions regarding the termination of the Contract. However, the Consumer is not entitled to the above-mentioned right to terminate the Contract, if the Provider has provided the Consumer with the right to keep, without additional costs, the Services in accordance with the Contract, unchanged.
17. If the Contract is terminated by the Client because of breach by the Provider, the Client may request a proportional refund of the Fee.
18. In case of the Client’s breach of the Contract or in the case of the termination of the Contract by the Provider, the Provider may use the appropriate remedies pursuant to sec. 11 of the General Terms.
19. Regardless of the above, Upon the expiration of the Contract, regardless of the reason thereof, the Client and the User have no longer access to and must stop using the Account and the Services, including any information systems that have been made available to the Client and/or the User during the validity of the Contract (e.g., Jira, Confluence, Fliplet, Postman).
20. In respect to the Consumers, the provisions of sec. 14 of the General Terms do not infringe or limit the rights of Consumers resulting from the provisions of the Consumer Law, especially the Consumer’s right of withdrawal specified in sec. 15 below.
THE CONSUMER’S RIGHT OF WITHDRAWAL
1. The Consumer may withdraw from the Contract within 14 days without giving any reason and without incurring costs under the provisions of the Consumer Law. To meet the above deadline, it is enough to send a declaration before its expiry.
2. The Consumer may withdraw from the Contract by submitting a declaration of withdrawal from the Contract to the Provider. The declaration of withdrawal can be submitted using the below template:
  Template of the Consumer’s declaration of withdrawal from the Contract:
  - Addressee: Livechat Integrations spółka z ograniczoną odpowiedzialnością, ul. Hiacyntowa 14, 55-095 Mirków, Republic of Poland
  - I hereby give notice of my withdrawal from the Contract regarding ….
  - Date of the Contract: ……
  - Name and surname of the Consumer: …..
  - Address of the Consumer: ………
  - Signature of the Consumer: ……… (only if the form is sent on paper)
  - Date: ……….
3. The declaration of withdrawal shall be submitted in written form to the following address: Livechat Integrations spółka z ograniczoną odpowiedzialnością, ul. Hiacyntowa 14, 55-095 Mirków, Republic of Poland or by e-mail to the following e-mail address: contact@livechat-integrations.com.
4. The Provider shall immediately send to the Consumer on a durable medium a confirmation of receipt of the Consumer’s declaration of withdrawal from the Contract submitted electronically.
5. In the event of the Consumer’s withdrawal from the Contract, the Contract is considered not concluded. If the Consumer made a declaration of withdrawal from the Contract before the Provider accepted his offer, the offer ceases to be binding.
6. The Provider is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Contract, refund to the Consumer all payments made by him. The Provider refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund, which does not involve any costs for him.
7. From the date of receipt of the Consumer's declaration of withdrawal from the Contract, the Provider shall not use content other than personal data provided or generated by the Consumer when using the Services provided by the Provider, with the exception of content that:
  1. they are useful only in connection with the Services that were the subject of the Contract,
  2. relate only to the Consumer's activity while using the Services provided by the Provider,
  3. have been combined by the Provider with other data and cannot be separated from them or can be separated only with disproportionate efforts,
  4. they were created by the Consumer together with other Consumers who can still use them.
8. With the exception of the cases referred to in sec. 15.7. points 15.7.1-15.7.4, the Provider, at the request of the Consumer, provides him with content other than personal data that was provided or created by the Consumer when using the digital content or digital service provided by the Provider.
9. The Consumer has the right to recover digital content from the Provider free of charge, without hindrance from the Provider, within a reasonable period of time and in a commonly used, machine-readable format.
10. In the event of withdrawal from the Contract, the Provider may prevent the Consumer from further use of the Services, in particular by preventing the Consumer from accessing the Services or blocking the Account. This provision does not affect the Consumer's rights referred to in sec. 15.8. above.
11. In the event of withdrawal from the Contract, the Consumer is obliged to stop using the Services and making it available to third parties.
12. The Consumer does not bear the costs of providing digital content by the Provider that is not recorded on a tangible medium, if:
  1. the Consumer did not consent to the performance of the Services before the expiry of the period referred to in sec. 15.1. above, or
  2. the Consumer was not informed about the loss of his right to withdraw from the Contract at the time of granting such consent, or
  3. the Provider has not provided to the Consumer the confirmation of the conclusion of the Contract on a durable medium within a reasonable time after its conclusion, before the commencement of the provision of Services, pursuant to the provisions of the Consumer Law.
13. At the time of withdrawal by the Client from the Contract, the related additional agreements concluded by the Consumer expire, if on their basis the Services are provided by the Provider or a third party under an agreement with the Provider. The Consumer does not bear the costs associated with the expiry of these agreements. If the additional agreement has been concluded with a third party, the Provider informs that person about the Consumer's withdrawal from the Contract.
14. The right to withdraw from the Contract is not entitled to the Consumer only in the cases specified in the provisions of the Consumer Law. In particular, pursuant to art. 38 sec. 1 point 13) of the Consumer Law, the right to withdraw from the Contract is not entitled to the Consumer in relation to Contract for the supply of digital content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Provider has started to provide Services upon express and prior consent of the Consumer, who was informed before the commencement of the provision of Services that after the provision of the Services by the Provider, he would lose the right to withdraw from the Contract, and acknowledged this, and the Provider provided the Consumer with confirmation of the conclusion of the Contract on a durable medium within a reasonable time after its conclusion, before the commencement of the provision of Services, pursuant to the provisions of the Consumer Law. By accepting these General Terms, the Consumer declares that he/she was informed prior to the commencement of performance of the Service, that will lose the right to withdraw from the contract after performance of the Service by the Entrepreneur.
15. If the Provider has not provided the Services, the Consumer calls on him to provide them. If the Provider fails to provide the Services immediately or within an additional period expressly agreed upon by the Parties, the Consumer may withdraw from the Contract. In addition, the Consumer may withdraw from the Contract without requesting the provision of Services if:
  1. it is clear from the Provider's statement or circumstances that it will not provide the Services or
  2. the Consumer and the Provider have agreed or the circumstances of the conclusion of the Contract clearly show that the specified date of provision of the Services was of significant importance to the Consumer, and the Provider did not provided them within this period.
16. The provisions regarding the Consumer contained in this sec. 15 apply to the Entrepreneur only if the following conditions are met jointly:
  1. the Entrepreneur is a natural person concluding the Contract directly related to its business activity,
  2. the content of the Contract shows that it is not of a professional nature for the Entrepreneur, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity,
  3. the Contract was concluded between the Provider and the Entrepreneur at a distance or outside the premises of the Provider's enterprise.
COMPLAINTS AND RESOLUTION OF CONSUMER DISPUTES
1. Any complaints regarding the Services shall be submitted in written form to the following address: Livechat Integrations spółka z ograniczoną odpowiedzialnością, ul. Hiacyntowa 14, 55-095 Mirków, Republic of Poland or by e-mail to the following e-mail address: contact@livechat-integrations.com.
2. The Provider indicate the contact point for any communication sent to the Provider or any other entity or person under the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) in the form of the e-mail communication provided to the following e-mail address: contact@livechat-integrations.com.
3. Any person or any entity may report the occurrence of illegal content or the content provided not in line with this General Terms, provided by the Service by e-mail contact to the following e-mail address: contact@livechat-integrations.com. The application should state:
  1. a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the relevant information constitutes illegal content or content that does not comply with the regulations;
  2. the exact URL or URLs, and, if applicable, additional information to identify the illegal content, according to the type of content and the specific type of hosting service;
  3. the name and e-mail address of the person or entity making the report, except for a report on information deemed to be related to one of the crimes referred to in Articles 3-7 of Directive 2011/93/EU;
  4. a statement confirming the bona fide belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
  5. If the notification contains electronic contact information of the person or entity that made the notification, the hosting provider shall without undue delay send such person or entity an acknowledgement of receipt of the notification.
4. The Provider shall provide clear and specific justification to all affected service recipients with respect to the following restrictions imposed due to the fact that the information provided by the service recipient constitutes illegal content or is inconsistent with the General Terms:
  1. restrictions on the visibility of certain information provided by the service provider, including removing content, preventing access to content, or deposition of content;
  2. suspension, termination or other restriction of monetary payments;
  3. suspension or termination of the service in whole or in part;
  4. suspension or termination of the service recipient's account.
5. The possibility indicated in the sec. 16.4 of the General Terms shall apply only if the Provider knows the relevant electronic contact information of the recipient. It shall apply no later than from the date of imposition of the restriction, regardless of the reason and manner of imposition. It shall not apply if the information is misleading commercial content of a large volume.
6. The justification referred to in the sec. 16.4 of the General Terms shall contain at least the following information:
  1. an indication of whether the decision includes the removal of the information, the prevention of access to it, the deposition or restriction of the visibility of the information, or the suspension or termination of monetary payments relating to such information, or imposes other measures referred to in the sec. 16.4 of the General Terms with respect to the information, and, where applicable, the territorial scope of the decision and its duration;
  2. the facts and circumstances on the basis of which the decision was made, including, where applicable, information on whether the decision was made on the basis of the notification made upon the sec. 16.3 of the General Terms or on the basis of voluntary verification activities conducted on one's own initiative, and, where absolutely necessary, the identity of the notifier;
  3. where applicable, information on the use of automated means in making the decision, including information on whether the decision was made with respect to content detected or identified by automated means;
  4. if the decision relates to potentially illegal content, an indication of the legal basis on which the decision is based and an explanation of why the information in question is considered illegal content on that basis;
  5. if the decision is based on the alleged incompatibility of the information with the hosting provider's terms of service, an indication of the contractual basis on which the decision is based and an explanation of the reasons why the information in question is considered incompatible with that basis;
  6. clear and user-friendly information on the options available to the recipient of the service to appeal the decision, in particular, where appropriate, through internal complaint mechanisms, out-of-court dispute resolution and judicial remedies.
7. The Client’s complaint shall be considered by the Provider within 14 days from the date of receipt of the complete complaint notification. The Client will be notified immediately of any deficiencies in the complaint. Along with such a notification, the Client will be sent information on how to supplement the deficiencies in the complaint.
8. If the Provider has not responded to the Consumer’s complaint within the period specified in sec. 16.7. above, it is considered that the Consumer’s complaint has been accepted in its entirety.
9. The response to the complaint addressed to the Consumer should be provided on paper or another durable medium.
10. The Clients may contact the Provider by correspondence or e-mail form to the addresses specified in sec. 16.1. above.
11. The Customer has the option of using extrajudicial means of dealing with complaints and pursuing claims in accordance with the procedure of Internet Dispute Resolution developed by the European Commission available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
12. Detailed information on the possibility for the Client who is a Consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the Website and/or the Applications of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
13. The Client who is a Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
  1. the Consumer is entitled to apply to the permanent amicable consumer court referred to in, inter alia, 37 of the Act of 15 December 2000 on the Trade Inspection, with a request to settle a dispute arising from the concluded Contract. The regulations for the organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice on defining the regulations for the organization and operation of permanent arbitration courts at voivodship inspectors of the trade inspection of July 6, 2017,
  2. the Consumer is entitled to apply to the voivodeship inspector of the Trade Inspection, in accordance with, inter alia, 36 of the Act of 15 December 2000 on the Trade Inspection, with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the voivodeship inspector of the Trade Inspection is available at the offices and on the Website and/or the Applications of individual Voivodship Inspectorates of the Trade Inspection,
  3. the Consumer may obtain free assistance in resolving the dispute between the Consumer and the Provider, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers ). Advice is provided by the Consumer Federation at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address: advice@dlakonsumentow.pl

17. ELECTRONIC SERVICES

The Provider enables the use of Electronic Services via the Account or the Website and/or the Application, including:
1. browsing the information posted on the Website and/or the Application, including offers of available Services and Plans,
2. keeping an Account,
3. information services (newsletter).
Electronic Services are provided by the Provider 24 hours a day, 7 days a week.
Electronic Services are services provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) and implemented in accordance with the law. In matters not covered by the General Terms, the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) shall apply.
The contract for the provision of Electronic Services referred to in the sec. 17.1.1. above is concluded when the Client starts using the Website and/or the Application to the appropriate extent, and is terminated when the Client leaves the Website and/or the Application. The above-mentioned Electronic Services are provided free of charge.
The contract for the provision of Electronic Services consisting in keeping an Account (sec. 17.1.2.) is concluded upon effective registration of the Account, in accordance with the provisions of the General Terms.
Electronic Services consisting in keeping an Account are provided only during the term of the Contract. The expiry of the Contract on the terms provided for in the General Terms results in the expiry of the obligation to provide this Electronic Service. The above Electronic Service may be suspended, limited or disabled (blocked) on the terms provided for in the provisions of the General Terms.
As part of the Account, Provider enables Clients and Users, in particular:
1. access to information on available or pending Plans,
2. access to Fee payment history,
3. access to the conversation history executed upon the Services,
4. management of the Customer's and User's data assigned to the Account, including the possibility of supplementing and editing this data.
The Electronic Service consisting in the chat service consists in enabling the Client or User to contact the Provider by means of a message sent via the chat located on the Website and/or the Application. The chat message initiates a "live" conversation with consultant on the Provider's side, in the case and scope of its availability. The chat is used to ask questions about the Services or Account. Chat functionalities allow you to identify a specific person and link them to other recorded activity on the Account, which allows you to customize the offer and provide professional service.
If the Client has agreed to receive commercial/marketing information by selecting the appropriate option on the Website and/or the Application or Account or in any other way, it means that the Provider will provide the Client with an Electronic Service free of charge in the form of a newsletter service, consisting in sending commercial information, in particular regarding goods, services or other benefits offered by the Provider by means of communication selected by the Client, e.g. to the e-mail address provided by the Client or via SMS/MMS. The Client may at any time withdraw consent to receive commercial information on the terms set out in the Privacy Policy, which will result in resignation from the newsletter service. Withdrawal of consent does not affect the lawfulness of data processing before its withdrawal.
The Provider has the right to organize occasional competitions and promotions, the terms and conditions of which will be published on the Website and/or the Application each time. Promotions cannot be combined, unless the regulations of a given promotion provide otherwise.
Complaints regarding Electronic Services provided by the Provider may be submitted in electronic form to the Provider's e-mail address: contact@livechat-integrations.com. The Provider will consider the complaint immediately, but not later than within 14 days from the date of receipt of the complaint and will reply to it by e-mail within this period.

18. APPLICABLE LAW AND DISPUTE RESOLUTION

In respect to the Entrepreneurs, the Contract shall be construed with and governed by the laws of the Republic of Poland, unless otherwise provided by applicable law.
In respect to the Entrepreneurs, all disputes between the Provider and the Entrepreneur shall be resolved by the local court competent due to the registered seat of the Provider, unless otherwise provided by applicable law.
With regard to the Consumers, the governing law and court jurisdiction are specified by the relevant provisions of law, in particular the Consumer Law, which are applicable.

19. MODIFICATIONS OF GENERAL TERMS

The introduction of changes to the General Terms by the Provider is acceptable if such a need arises from changes in the rules for the provision of Services or Electronic Services, or changes of an organizational nature regarding the Provider.
The amendments introduced to the General Terms shall be disclosed to the Clients through the Website and/or the Application, Account or via e-mail correspondence.
Before accepting the General Terms, the Client shall always review the current version of the General Terms.
Introduction of the amendments to the General Terms shall not affect any concluded Contracts and Services in progress, unless otherwise provided by applicable law or accepted by both Parties.
The Client will be notified of any amendments made to the General Terms and the amended General Terms will be effective upon their disclosure and acceptance by the Client. Continuing to use the Services after the amended General Terms become disclosed, constitutes a binding acceptance of the Client of such amendments.

20. COMMUNICATION

The Parties will communicate via e-mail, phone or chat.
If any information systems are made available to the Client and/or the User (e.g., Jira, Confluence), the Parties may also communicate via those information systems.

21 FINAL PROVISIONS OF GENERAL TERMS

The original language of the General Terms is English. The Provider shall make available the appropriate translations of the General Terms for the Consumers, so that the General Terms are fully legible and understandable for Consumers.
Neither Party may transfer any rights or obligations under the Contract to another person or entity without the prior consent of the other Party expressed in writing under pain of nullity.
If any provision of the General Terms is or becomes invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions in any way. In the above situation, the invalid or ineffective provisions shall be replaced by the provisions of applicable law.

Privacy Policy

1. Introduction

These Privacy Policy (“Privacy Policy”) apply to the use of the website and products provided by LiveChat Integrations (hereinafter also referred as “we” or “us”).

Our registered office is at HIACYNTOWA 14, 55-095 MIRKÓW, registered no.: 0001013695.

This Privacy Policy applies and has effect in respect of all services and other products, software, made available by us, as well as any other online features relating to the website and its content (the “Service(s)”).

If you have any questions or comments about this Privacy Policy, please contact us at contact@livechat-integrations.com.

We are committed to protecting and respecting your privacy. The Privacy Policy explains the basis on which personal information we collect from you will be processed by us or on our behalf. W. We will comply with proper and applicable data protection laws, including the General Data Protection Regulation
2016/679.

We encourage you to read this Privacy Policy carefully as it contains important information about personal data processing.

The Services may contain links to services owned and operated by third parties who may possess personal data controller status.

2. Information we may collect about you

We collect and process the following information, which may include your personal data:

Your name, last name, email address, phone number, contact data, device’s ID, your user preferences as well as all the data (including personal data) you supply to us and information provided by you when using the Service or website.

3. Collecting, processing, and using personal data

We only store and process your personal data when you have voluntarily supplied us with it, such as by filling in a contact form or signing up for the Service. Your personal data will only be disclosed or otherwise transmitted if this is necessary to implement the contract, render our Services, fulfill legal obligations or you have given your prior consent.

Since we use LiveChat, Inc.’s Services you may be interested in reviewing their privacy policy available under the following link https://www.livechat.com/legal/privacy-policy/

4. Why we collect information about you - the purpose of processing

We will use information about you to deliver our Services to you or your employee / principal/ contractor under the terms of use agreed. The processing of information in this way is necessary for us to provide you with the Service properly and to ensure the features function properly so that you have the best service possible.

5. Basis and purpose of the processing

The collected personal data will be processed for the following purposes, scope and on the following legal basis:

for contact purposes, including in order to submit information about the services we provide, to the extent specified depending on the form of contact, the legal basis for the processing of your data is in this case is our legitimate interest (Article 6(1)(f) of the GDPR). Data collected during correspondence between you and us will be used only to answer your inquiry;
in case of using the offered services, personal data will be processed for purposes related to the performance of the contract which is the legal basis for the processing of personal data (Article 6(1)(b) of the GDPR) - when you are the party to the Terms of service,
performance of legal obligations incumbent on the Controller, such as:

accounting and archiving obligations, including those resulting from the Accounting Act based on (Article 6(1)(c) of the GDPR);

implementation of the Controller's legitimate interests, which are:

creating reports, summaries and analyses,
fraud monitoring,
establishing, investigating or defending against any claims,
processing personal data of the representatives and other delegates of the contracting party under Terms of Service,
conducting possible debt collection activities, including the assignment of claims arising from the Agreements concluded with us;

based on our legitimate interest (Article 6(1)(f) of the GDPR),

In the event of consent, you have the right to withdraw your consent at any time without affecting the lawfulness of the processing which was made on the basis of consent before its withdrawal.

6. Cookies and Web Beacons

We use cookies to make the use of our website easier for you. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other
information.Cookies may be opt-out by you and in case you do not accept cookies, this may lead to a limitation of functionality.

Our website and services may use web beacons, which are small, transparent images embedded within web pages or emails. These beacons help us understand user engagement and behavior, such as whether an email has been opened or how visitors navigate our site. We use this data to improve our services, measure the effectiveness of marketing campaigns, and provide relevant content to our users.

You can disable web beacons by adjusting your email client settings to avoid automatic image downloads or using browser settings that limit tracking features.

We use web beacons for several purposes, including:
1. Email Tracking: To determine if an email we sent has been opened and if any links have been clicked. This helps us analyze the performance of our email campaigns and improve our communication.
2. Site Usage Analysis: To track how users interact with our website, such as which pages are visited and how long visitors stay on them. This information assists in enhancing our site functionality and content.
3. Advertising and Marketing: To understand the effectiveness of our marketing efforts and customize the content and advertisements we display to users.
Data Collected by Web Beacons
1. Web beacons may collect various types of data, such as:
  1. IP address of the device accessing the web beacon
  2. Type of browser used
  3. Timestamp of the visit
  4. Device and operating system information
  5. Interaction details (e.g., which links were clicked)
Opting Out and Control
1. Users can manage their privacy preferences by:
  1. Adjusting email settings to disable automatic image loading, which can prevent email-based web beacons from tracking your behavior.
  2. Using browser tools or privacy extensions to block or limit tracking technologies.
2. Please note that disabling web beacons may limit some functionalities of our services.
Third-Party Web Beacons
1. We may allow trusted third-party service providers to use web beacons on our site or in our emails. These third parties may collect data on our behalf to help us better understand our user base or measure the effectiveness of our services and marketing efforts.
2. Our Privacy Policy does not cover the use of web beacons by third-party advertisers or service providers, and we recommend reviewing their respective privacy policies for more information.

6. Log files

During every access of our website user data is transmitted by the respective Internet browser and stored in protocol files, the so-called server log files. The datasets stored here may contain such data as date and time of access, name website, IP address, referrer URL (original URL from which you arrived at the website), the amount of data transmitted, product and version information of the browser used.

7.Geo-location data

In case geo-location is opt-in by you, please be aware we may have access to your geolocation data as we collect and process IP address of all devices using our Services. Collecting and processing your geo-location data refers to mobile devices as well as computers.

8.Children personal data

We do not collect personal information from anyone under the age of 13. If you notice we collect and process personal data of anyone under this age, please contact us. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal information through the websites or Services.

9. Data sharing

We will share your information (including personal data) with third parties only in the ways that are described in this Privacy Policy.

Personnel, suppliers or subcontractors: We keep your information confidential, but may disclose it to our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However,
this is on the basis that they do not make independent use of the information, and have agreed to safeguard it. They process personal data only on a basis of agreements with the Controller and in accordance with its instructions.

Required by law: In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights.

The Controller can provide your personal data to other entities on a basis of your consent or other legitimate basis.

10. Data transmission

Your data is transmitted safely by using encryption. We secure our website and other systems with technical and organizational measures against the loss, destruction, access, change or dissemination of your data by unauthorized persons.

In addition, in connection with your use of our website, data on activity on our website is collected, information about the number (including IP) and type of the terminal device of the User or other natural person from which the User or other natural person connects to the website. This information is collected through cookies. Detailed information about this process can be found in our cookies policy.

11. Your rights

You have the following rights over the way your personal data are processed.

To make a request, please let us know by sending an email to contact@livechat-integrations.com.

a) You have the right to request a copy of the personal information we process about you and to have any inaccuracies corrected.

b) You can ask for supplying, correcting or deleting personal information held about you.

c) You can ask us to restrict, stop processing, or to delete your personal data.

d) You can withdraw your consent to process data.

e) Obtain a copy of your personal data, which you can use with another service provider.
f) Make a complaint to a Supervisory Authority.

12. Retention period

Your personal data will be processed by the Controller for the time of the contract or execution of its legitimate interests and in case of data processed only on a basis of your consent - until you revoke it.

After the contract, your personal data will be processed for the period required by law and until the expiration of any claims related to the contract.

13. Transfer of personal data to third countries and international organizations

The Controller transfers your personal data to a third country – the USA.

The Controller informs that the European Commission has issued a decision against the USA declaring the existence of an adequate level of data protection, which only covers companies participating in the Data Privacy Framework programme. The Controller’s partners have not made a certification in the Data Privacy Framework programme. The transfer of personal data is carried out using the standard contractual clauses defined by the European Commission.

This could mean that the exercise of rights in connection with data processing, the possibility of contacting the supervisory authority and the rules for the processing of personal data may be subject to restrictions or exclusions there. Therefore, the Controller takes appropriate technical and organizational security measures to ensure an adequate level of security when transferring personal data.

You have a right to obtain a copy of your personal data transferred to a third country as well as a copy of used safeguards.

If the Controller transfers your personal data to another third country, you will be informed.

14. Remaining issues

. Your data will be processed by automated means, including profiling, for marketing purposes.

In connection with the processing of your personal data, you have the right to access your data, to demand rectification, erasure or restriction of the processing of personal data as well as the right to data portability - pursuant to the provisions set out in Art. 15-21 of the GDPR.

The provision of personal data is voluntary but required to conclude or execute the contract and is a statutory requirement as far as the data indicated in the legislation is concerned.

The provision of personal data processed on the basis of your consent is voluntary; lack of consent does not entail any negative consequences.

15. Changes to this privacy policy

This Privacy Policy may be updated from time to time. We encourage you to review this website for the latest information on our privacy practices. If there are any material changes to this Privacy Policy, you will be notified by posting a notice on the website prior to the change becoming effective. If you do not accept any changes made to this
Privacy Policy, please discontinue the use of the application and the Services.

Plan Specific Special Terms

History of changes

A previous version of the Terms Of Service is available here

WhatsApp Business - Privacy Policy and Terms of Service

Effective date: 01/02/2025

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Term Of Service

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DEFINITIONS

GENERAL PROVISIONS

GENERAL TERMS FOR USING THE SERVICES

APPLICATION PHASE

ACCOUNT

GENERAL OBLIGATIONS OF THE PARTIES

PAYMENT

QUALITY AND AVAILABILITY OF SERVICES

INTELLECTUAL PROPERTY RIGHTS

PERSONAL DATA

LEGAL REMEDIES OF THE PROVIDER

LIABILITY OF THE PROVIDER

FORCE MAJEURE

VALIDITY OF THE CONTRACT

THE CONSUMER’S RIGHT OF WITHDRAWAL

COMPLAINTS AND RESOLUTION OF CONSUMER DISPUTES

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