2. What organisation provides services and stores my data? Is LiveChat a data controller or a data processor?
3. What data does LiveChat process?
4. What is the basis for personal data processing? Is customers consent required?
This is why another consent for data processing by LiveChat is not required. However, you may need to gain consent for data processing from your customers/users/visitors. We have created a tool to help you gain such consent. If you think you need it, please refer to point 10.
5. Am I a data controller or a data processor?
Firstly, you need to figure out if you process or provide personal data of the 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 personal data of the European citizens, you need to comply with this regulation. You or your company (organisation) 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, determines the purposes and means of the processing of personal data. But you may act as a data controller. It happens when – as a natural or legal person, public authority, agency or other body – you processes personal data on behalf of the controller. Simply, when you do not determine the purposes of processing but use data according to the controllers’ instructions.
6. Do I need to enter into a Data Processing Agreement/Addendum?
Regardless of being a data controller or a data processor, when you transfer the personal data to us (and you do so using our service) you may enter into DPA with us if you transfer any EU citizens personal data.
7. Do you have a GDPR compliant Data Processing Agreement/Addendum for us to sign?
Yes, we have prepared this document for our customers. You can review and sign a copy of LiveChat’s Data Processing Addendum here: https://app.hellosign.com/s/183ca49b. Instructions for execution are set out in the Addendum. If you have any questions about its contents you can email: firstname.lastname@example.org
8. How my personal data are used/processed in LiveChat? How can I execute my right to be forgotten?
9. What can I do to become GDPR compliant using LiveChat? How to prepare the chat for GDPR?
LiveChat also stores/process personal data of your visitors (end users of your chat). Especially we store a data provided in pre-chat survey, so if you collect your visitors personal data through the pre-chat survey you may need to gain their consent. You can find the instruction how to customise your pre-chat survey to comply with this rule here: https://www.livechatinc.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.livechatinc.com/kb/chat-surveys#pre-chat-gdpr
10. Where does LiveChat store personal data? Are personal data processed outside the EU?
LiveChat stores its customers’ data mainly in a data center in Dallas (Texas) U.S. We also have a data center in Europe (Frankfurt). When you sign up and create an account in one of our services your data are automatically collected and stored in our U.S. data center (regardless you are signing up from EU or other part of the world). If you want to have your data stored in the EU, you need to sign up via https://my.livechatinc.com/signup?region=fra. Also, note that currently it’s not possible to transfer your chats to the other data center, but we can help in creating a new account for you thus your personal data provided for creating the new account as well as future conversations will be stored in a European data center. Additionally similar to many SaaS providers, we use a top-tier, third-party data hosting providers (Amazon S3, IBM Softlayer and Google) to host our online services.
11. Does LiveChat share any of personal data with any sub processors (other entities)?
To make our services work properly, we use other companies’ services (generally a software). We do so to improve our tools, enable and simplify their usage. If there is a necessity to give other processor an access to a part of your data firstly we make sure that this company will gain only an actually necessary data (i.e. only an email address for email service provider). Secondly we enter into agreement with such company (sub-processor) to make sure they provide at least the same level of protection as we do. You can find more information about rules of subprocessing in our DPA and here is a current list of our subprocessors: https://www.livechatinc.com/kb/livechat-third-party-data-processors/
12. Does LiveChat plan to appoint a Data Protection Officer?
13. What security measures does LiveChat implement to protect the data? Are the data encrypted and if so, to what standards?
As a company offering its services in SaaS model, we are aware that 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 if necessary. We encourage you to familiarize yourself with our security overview: https://www.livechatinc.com/kb/livechat-security-and-data-storage/.
14. How does LiveChat comply with the EU export restrictions?
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. There are a few ways that LiveChat achieves this. Firstly, most of our EU customers’ data is processed in the United States (where our Headquarters are located). The United States is recognised by the EU as an ‘adequate’ country (i.e. safe country) to receive and process EU personal data, pursuant to European Commission Decision 2013/65/EU. According to the GDPR a transfer of personal data to a third country may take place where the Commission has decided that the third country ensures an adequate level of protection. Such transfer shall not require any specific authorisation. In the event we process EU customers data in other territories, we ensure appropriate safeguards are in place that are prescribed by GDPR – i.e., by entering into the Data Processing Agreements with the entity the data is transferred to, or by ensuring the entity is Privacy Shield certified (for transfers to US based entities).
15. Is LiveChat Privacy Shield certified?
The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks were designed by the U.S. Department of Commerce, and the European Commission and Swiss Administration, respectively, to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States in support of transatlantic commerce. We are Privacy Shield certified to the Department of Commerce. You can find our certification here: https://www.privacyshield.gov/participant?id=a2zt0000000L16xAAC&status=Active
17. What are your processes for identifying and remediating vulnerabilities in your application and the underlying software and infrastructure?
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.
18. What process should we follow if we suspect that a security breach has occurred?
Contact email@example.com by email or chat.
19. Who is responsible for Information Security?
20. It is possible to take a full copy of my data in a standard format (e.g. CSV)? It is possible to export all chats and tickets using your API in a JSON format, that can be easily converted to CSV?
Yes, we do have DDOS protection provided by Akamai.
22. Is the application single tenant or multi-tenant? If multi-tenant, what steps have been taken to secure the data from being accessed by other tenants?
The application is multi-tenant, data for each license is accessible only to accounts assigned to the license, so the person that wants the 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 unauthorized call and denied. Also one set of credentials (login + password) can be used for one license only.