Privacy and Cookie Statement

This document describes how we collect, use, and treat your information that we collect while you use our services, which includes both our website and out chat widget on other websites. It also describes how we use cookies.

In this Statement, your information and data is collectively referred to as “user information.” We use the term “process” to mean any operation or set of operations performed on user information, whether by automated means or otherwise, including, without limitation, handling, collecting, storing, recording, organizing, structuring, adapting, altering, retrieving, consulting, using, disclosing, disseminating (or otherwise making available), combining, erasing, or destroying.

What User Information Do We Collect?

When you use or visit a website that uses our chat widget or our website itself, we collect the IP address that you use to access the website as well as your useragent information (which includes information about your browser, device, and how you are accessing the widget). Your IP address is used for analytical and security purposes. Upon opening the chat widget, your IP address will be used to determine your general location, which we also collect and use for analytical purposes and to determine whether you are in the geographical location applicable to the website’s operator.

While chatting with us, we retain a transcript of your entire chat and all information contained therein. We may collect information from that transcript and collect it separately, including, without limitation, your name, phone number, email address and physical address. We also log and keep records of the time and date of your visit and use of our widget. We also collect all other information that you provide to us through other means, including if you email us or call us. All this information is used as part of providing your information to the website operator where you encountered our chat widget or other services so that the website operator may provide you its own services or products.

When we collect this information on or through our chat widget on a third-party website, we are collecting this information, directly or indirectly, on behalf of the operator of that website as a service provider to them.

For our clients to whom we provide our services directly or indirectly (e.g., the operators of the websites where our chat widget may be found or that otherwise use our services), we may also collect other information, including applicable personal and business information and payment information (e.g., name, mailing address, email address, telephone number, bank account information, debit or credit card number, and associated contact information). We may also collect information about your authorized individuals acting on your behalf, including their name, email address, physical address, job title, and telephone number.

Why Do We Collect User Information and How Do We Use It?

We collect user information for a wide range of reasons, including, without limitation, as follows:

• To provide you the services available on and through our services, including by forwarding your information to the website operator where you encountered our chat widget and that engaged us, and others working on their behalf, so that the operator may provide you its own services or products.
• To collect information about the quality of traffic on our services for analysis, internal business, and security purposes.
• To check for and protect against fraud, bots, or any other type of inorganic traffic for the benefit of users, affiliates, advertisers, and other parties.
• To comply with legal obligations to which we may be subject (e.g., court orders, subpoenas, warrants, etc.).
• To train our “AI,” “machine learning,” or other systems, models, or technologies.
• For our legitimate interests or those of third parties in compliance with applicable law. A legitimate interest includes, without limitation, when we have a business or commercial reason to use your information. Examples of such purposes include, but are not limited to: (i) acting as customer service for the website and their operators where our widget may be found, (ii) initiating legal claims and preparing for litigation and other dispute resolution proceedings and procedures, (iii) measures to manage business and for further developing products and services, (iv) to promote safety, security, and operation of our services, including by investigating suspicious or fraudulent activities or violations of rules, laws, or procedures, and (iv) providing you the services available on and through our services.
• Other compatible purposes for which the user information was collected.

Please note that certain user information may be used for multiple purposes and more than one reason for processing personal data may apply in each situation.

You are not subject to decisions based solely on automated processing, including profiling, that produces legal effects concerning you. Automated checking of your geographical location may, however, be used to determine whether you are in the geographic scope of the services or products of the website operator. Automated processes are also used to review traffic through our system to detect and block spam, fraud, and other unlawful or undesirable activities.

Where Is User Information Stored and Who Receives It?

User information is stored on servers managed and operated by us, but which may be owned by third-parties (e.g., Azure and Amazon Web Services). We use a variety of security technologies and procedures to protect user information from unauthorized access, use, or disclosure. For instance, we store user information on servers with limited access that are located in controlled facilities.

Please recall that we are a service provider for operators of website where our widget may be found or out services may otherwise be utilized or resold. Accordingly, user information collected on behalf of these operators will be available to them because they are the true custodians of that user information. We do receive compensation for providing our services to these operators and their agents. However, outside of the services we provide for the companies that have engaged us, we do NOT sell or share your information with any third-parties except when required to do so by law or in the event that we must initiate or otherwise engage in litigation or other dispute resolution proceedings and procedures.

Additional Privacy Measures

We have developed processes and use secure technology to ensure that user information is only used for the express purpose of our business relationship. Here are some additional data security measures and practices that we employ in order to secure any user information we have:

• Agents handling chats are managed directly by us and those under our common or direct control.
• Chats and other activities are conducted over HTTPS.
• Encryption hides detected sensitive contact information from agents.
• Lead delivery that contains user information is done via our secure, encrypted portal access system.
• Lead contact information is encrypted in the portal.
• Portal access is governed by strict role-based access controls, and access is monitored to ensure the integrity of data.
• Only a limited number of senior people in our company have access to production servers and we monitor any access to our production servers.
• Only whitelisted IPs can access the admin portal and servers.
• We implement and enforce role-based access controls for any access to user information.
• We use thorough data anonymization practices for any access to historical data.
• We use a web application firewall to track suspicious activity.

How Long Do We Keep User Information?

User information is generally kept without time limit.

What Are Your Rights?

Depending on your jurisdiction, you may have the following rights in terms of your user information that can be used to personally identify you:

• The right to access. You may have the right to receive a copy of your personal data.
• The right to rectification. You may have the right to rectify any inaccurate personal data and to have any incomplete personal data about you completed.
• The right to erasure. In some circumstances, you may have the right to the erasure of your personal data without undue delay.
• The right to object to or restrict processing. Under some circumstances, you may have the right to object to the processing of your personal data or request restricting the processing of your personal data.
• The right to data portability. You may have the right to request to receive a copy of your personal data in a format that can be transmitted to other organizations.
• The right to complain to a supervisory authority. You may have the right to complain to your relevant supervisory authority.

The right to withdraw consent. You may have the right to withdraw consents that you have given to us regarding the processing of your personal data.

Cookie Consent

By using our service, you consent to the use of cookies as described in this document. The service uses cookies to, among other things, and as further detailed below, distinguish you from other users of the Website and to keep track of your chat across different pages of a website. This helps us to provide you with a better experience when using the service and allows us to improve the service.

What Are Cookies?

Cookies are, generally, a text file or other form of file that contains information that is downloaded to your device when you visit a website. Cookies are then checked or sent back to the originating website on subsequent visits to that website. Many websites contain elements from a variety of sources and services, so when you visit a website you may receive multiple cookies for each source or service.

Cookies are useful because they allow a website to do a variety of things. Most commonly, they allow a website to recognize a user’s device. So that, when you visit a website a second time, the website knows that you are the person who visited previously. Even on a single visit to a website, cookies allow you to navigate between pages of the website efficiently, remembering your preferences and generally improving your experience.

There are a variety of types of cookies. “Session” cookies are generally deleted automatically when you close your browser. “Persistent” cookies remain on your device after the browser is closed.

Disabling Cookies

If you do not agree to the use of our cookies, you must disable them by following the instructions for your browser set forth herein, implementing features on your browser, and/or using the disabling tools where available set forth below (such tools may not be available for all cookies). Please note that our service will not function as desired or intended if cookies are disabled.

Some browsers make it possible for you to direct it that you do not want your internet browsing activities to be tracked and cookies to be disabled. You may wish to use these tools, but using these tools will interfere with your use of the service and make the service non-functional in part or in whole.

Please note that the cookies we use, and how we use cookies, may change even after the first time that you visit the service. We will use good faith efforts to use this Cookie Policy to provide you information about the cookies currently being used on the service, including the purpose of such cookies, and provide you information on how they can be disabled. Accordingly, you are recommended to check this statement from time to time.

Cookies That We Use

We use the following cookies for the following described purposes:

• apexchat_agent_alias_id – Determines which agent has been selected for this invitation.
• apexchat_invitation_closed – Indicates whether the invitation was closed at least once.
• apexchat_invitation_shown – Whether the invitation was shown at least once.
• apexchat_operator_id – The real-world name ID of the person on the far end when in SAAS operator mode.
• apexchat_profile_id – Determines what configuration of invitation should be shown.
• apexchat_visitor_history – Unique visitor ID for return visitors to give proper context of the previous chat.
• apexchat_visitor_id – The identifier for the visitor based on a server-side generator.
• apexchat_chat_id – Whether the windowed pop-up chat has successfully been started.
• apexchat_chat_state – Whether sounds are on/off.
• apexchat_chat_sound_enabled – Whether the chat is active/inactive.
• apexchat_server_chatid – If a chat has started, this is the id.
• apexchat_has_windowed_chat_started – Save as the chat_id, deprecated.
• apexchat_visitorinfo_in_progress – Whether the exit popup has been displaced.
• apexchat_exitpopup_has_displayed – Whether the visitor info data screen is currently shown.

Third Party Websites Not Covered

Please note that this Cookie Policy does not apply to, and we are not responsible for, the privacy practices and cookies used by third party website which may be linked to or from this Website or for the websites where our chat widget is being hosted. Third party cookies may be of many types and may be used for many purposes, including analytical, performance, or advertising services. We have no control over such cookies and you are recommended to review the cookie policies of such third party websites.

Changes to This Statement

We may update this Privacy and Cookie Statement from time to time in our discretion, and we recommend that you review this policy from time to time to stay informed as to our current practices and policies.

Questions or Comments

If you have any questions or comments about this document and the information in it, we invite you to contact us as follows:

VendorMax, Inc.

8659 Baypine Road, Suite 308

Jacksonville, Florida 32256

[email protected]

VendorMax, Inc. does business as Blazeo, ApexChat and ChatOps.