The General Data Protection Regulation (GDPR) is the result of many years of work by the European Union to unify and strengthen data protection for all EU citizens. Taking care of your and your customers’ privacy is our number one priority.
GDPR gives you more control over how your data is used, while to us, it will be a simple legal environment where we can operate. That makes this change desirable for both parties!
The new regulation came into effect on the 25th May 2018 and we are glad to report that LiveChat has fulfilled all the required regulations to become fully GDPR compliant.
Below you will find a list of frequently asked questions regarding GDPR compliance. If you can’t find an answer that relates to your question, please let us know by writing to firstname.lastname@example.org – we will reply as soon as possible and update this document.
We take our responsibilities under the GDPR seriously. That’s why we have taken steps to identify which measures we need to implement to be compliant with the GDPR.
Here: https://www.livechat.com/general-data-protection-regulation/ is a quick summary of what we’ve done.
This is why a separate consent for your data processing by LiveChat, Inc. is not required. However, you may need to gain consent for data processing and transferring from your customers/users/visitors. It depends on whether you need to be GDPR compliant or not if you collect your customers/users/visitors data, and what your data processing basis is. To help you comply with the GDPR requirements we have created a tool (working with LiveChat Service) that helps you gain such consents. If you think you need it please go to point 9. If you use a Service other than LiveChat you may need to at least notify your customers about using LiveChat, Inc.’s Services and transferring data to us.
Firstly, you need to figure out if you process or provide personal data of EU citizens. For instance, if you are an Australian company and you only process Australian citizens data, GDPR does not apply to you. However, if you process the personal data of European citizens, you need to comply with this regulation. You or your company (organization) may then act as a data controller. It happens when you are a natural or legal person, public authority, agency or other body, and you, alone or jointly with others determine the purposes and means of the processing of personal data. You may also act as a data processor. It happens when – as a natural or legal person, public authority, agency or other bodies – you process personal data on behalf of the data controller. Simply, when you do not determine the purposes of the processing but use data according to the controllers’ instructions.
Regardless of being a data controller or a data processor, when you transfer EU/EEA or California’s citizens personal data to us (and you do so while using our Services) we have prepared a Data Processing Addendum incorporated by reference to the Agreement, so you don’t have to take any further action. Our Data Processing Addendum includes updated SCCs, as approved by the European Commission in June 2021, that comply with the newest recommendations of the European Commission and are relevant for your use of LiveChat as a data processor if you’re based in the EU/EEA or California.
If you have any questions about its contents you can email: email@example.com.
LiveChat, Inc. also stores/processes the personal data of your customers, visitors (end-users of the Service you use). Especially we store data provided in the pre-chat survey, chat content, your customer’s email address and ticket content, ChatBot scenarios as well as your KnowledgeBase articles. Thus, if you collect your visitors’/end-users’/customers’ personal data and transfer them to us, you may need to gain their consent and/or notify them you use LiveChat, Inc.’s Services. You can find the instructions on how to customize your pre-chat survey (applies for LiveChat Service) to comply with this rule here: https://www.livechat.com/kb/prepare-chat-gdpr. If you wish and if they meet your company’s requirements, you can use one of (or more than one) the clauses we have prepared for you. The clauses can be found here: https://www.livechat.com/kb/chat-surveys#pre-chat-gdpr. If you use HelpDesk, you may need to inform that you use LiveChat, Inc.’s Services (or include LiveChat, Inc. as a sub-processor on your sub-processors' list).
We use top-quality data centers and diverse geolocalization to keep your data safe. We are ready to host your data in one of our data centers located in Europe (in Frankfurt, Germany) or the U.S. (Dallas). Your data storage location depends on the Service you use. When you sign up and create an account in LiveChat your data is automatically collected and stored in our US data center (regardless you sign up from the EU, the US or from other parts of the world). If you want to have your data stored in the EU (please note this is available only for LiveChat Service), you need to sign up via https://accounts.livechat.com/signup?region=fra. Also, note that for this Service it’s currently not possible to transfer your chats to the other data center, but we can assist you in creating a new account for you, thus, your personal data provided for creating a new account, as well as future conversations, will be stored in a European data center. Additionally, like many SaaS providers, we use top-tier, third-party data hosting providers (Amazon S3, IBM Softlayer and Google) to host our online Services.
To make our Services work properly we use other companies’ services (generally software). We do so to maintain our Services, improve our tools, enable, and simplify their usage. If there is a necessity to give processors access to a part of your data, firstly, we make sure that this company will gain only necessary data (i.e. only an email address for the email service provider). Secondly, we enter into agreements with such companies to make sure they provide at least the same level of protection as we do. Please note some of our sub-processors process their data outside the EU. You can find more information about rules of sub-processing in our DPA and under the following link you can find a current list of our sub-processors: https://www.livechat.com/kb/livechat-third-party-data-processors.
We are committed to comply with GDPR and accordingly to transfer personal data lawfully and with adequate security level. This is why we work only with inspected third-party service providers. We have verified all the sub-processors we cooperate with currently. Besides the ‘location requirement’ (we cooperate mostly with companies from the EU or the US) every time before we start the cooperation with the new sub-processor we make sure it is GDPR compliant (if applicable). We also enter into agreements with our sub-processors that guarantee the adequate obligations due to data protection. Also, before appointing a new sub-processor we make sure the data will be securely and lawfully transferred. We choose providers only based in EOG, the US or other secure countries such as Canada, Switzerland, New Zealand. Only if we are sure your data will be transferred and stored securely, we will work with the provider. If the data transfer requires that we apply additional measures (i.e. Standard Contractual Clauses) to transfer data in line with the GDPR. We also occasionally review and update our security measures to make sure those are up to date.
As a company offering its Services in SaaS model we are aware that the security of our customers and their data is crucial. We treat security as a basic aspect of our business. We know that it is a matter of trust. This is why we have implemented a number of safeguards even before GDPR was adopted. Currently, we made sure our safeguards comply with the regulation and adjust some new ones if necessary. We encourage you to familiarize yourself with our Security Overview: https://www.livechat.com/legal/security.
LiveChat, Inc. uses external auditors to verify the adequacy of its security measures, including the security of the physical data centers. These audits are performed at least annually and include penetration tests.
When personal data is hosted or processed outside of the European Economic Area, GDPR requires that it remains protected by appropriate safeguards in line with EU law. LiveChat, Inc. meets these requirements. Most of our EU customers’ data is processed in the United States (where our headquarters are located). If we process EU customers data outside the EU we ensure appropriate safeguards that - required by GDPR - are in place. I.e. the Data Processing Agreements including up-to-date Standard Contractual Clauses (as the GDPR requirement) that meets the standard adequate to the categories of processed data based on Transfer Impact Assessment.
It’s possible to request periodic data purge; in order to do that, please write a request to firstname.lastname@example.org with information: which data should be deleted, how often do you want to delete them, what time these chats and tickets should be deleted (hour + timezone). However, this feature may vary depending on what Service you use.
Yes, we have it in place. In case of any management incident, we are ready to take a reaction immediately to protect your data from unjustified disclosure or any other infringement.
a) Running an external audit, fixing all found vulnerabilities, testing the implemented fix and iterating this procedure until the issue is fixed;
b) Periodic systems scanning with tools for automatic issue recognition.
Contact support via email@example.com or chat on our website.
No, we haven’t any. You can follow the website https://status.livechat.com where we report any security issues and incidents.
We do have a DR plan, each part of the system can be restored from 24 to 48 hours (considering a complete disaster). Moreover, each instance of the whole infrastructure is multiplied, so losing a single instance will not cause Service to degrade. Provided time refers to the flood scale of the disaster.
Regardless of the Service you use, you can ask us for a copy of your data. It is possible to download a copy of the data in JSON and to do that please refer to Prepare your chat for GDPR! | LiveChat Help Center to check how you can get your LiveChat data.
Yes, we do have DDoS protection provided by Akamai.
The application is multi-tenant, data for each license is accessible only to accounts assigned to the license, so the person that wants access to a license data, needs a corresponding login and password. This is the basic logic behind the whole application infrastructure, it’s not possible to access other users’ data, as the access request without needed credentials will be considered an unauthorized call and denied. Also, one set of credentials (login + password) can be used for one license only.
Legal note: Please note that the materials available on this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.