Privacy Policy

1. Overview

This Privacy Policy (“Privacy Policy”) gives you an overview of the personal data that we collect about you, how we use it, how we share it, your rights and choices, and how you can contact us about our privacy practices. This Privacy Policy also outlines your data subject rights, including the right to object to some uses of your personal data by us.

You are welcome to contact us (see our contact information below) if you have any questions relating to our data protection activities that are not answered in this data protection declaration.

We may also process your personal data using cookies. For a complete overview of our data processing, we recommend you to read also our Cookie Policy, which can be found.

2. Definitions

“KamiChat”, “we”, “our” or “us” refers to SHENZHEN WISE E-COMMERCE COMPANY LIMITED, a livechat IT service provider offering livechat IT services to website operators (“Business Users”). Depending on the activity, we may act as a “data controller” or “data processor”.

Depending on the context, “you” mean End Customer, Representative or Visitor:

• When you do business with, or otherwise have livechat with, a Business User (typically a merchant using our livechat IT service) but are not directly doing business with KamiChat, we refer to you as an “End Customer.”
• When our Business User is a company, and you are acting on behalf of an existing Business User (e.g. you are administering a KamiChat account for our Business User), or when our Business User is an individual and you are acting on your own behalf, we refer to you as a “Representative.”
• When you visit our website without being logged into a KamiChat account, we refer to you as a “Visitor.” (e.g. you send KamiChat a message asking for more information because you are considering being a user of our products).

Personal data means any information relating to an identified or identifiable natural person and therefore concerns all information about a (directly identified) person or on the basis of which the identity of the person can be derived.

“Services” includes (a) the livechat IT service provided by us directly to our Business Users and indirectly to the End Customers, and (b) our website and its subdomain name that we indicate are covered under this Privacy Policy.

3.What personal data do we process and when/how?

3.1 End Customers

KamiChat offers livechat IT service to our Business Users. When we are acting as a Business User’s service provider (or data processor), we will process personal data in accordance with the terms of our agreement with the Business User and the Business User’s lawful instructions. For example, we facilitate the livechat and store your communication records with our Business User. Business Users are responsible for making sure that their End Customer’s privacy rights are respected, including ensuring appropriate disclosures about data collection and use that happens in connection with their services. If you are an End Customer, please refer to the privacy policy or notice of the Business User for information regarding the Business User’s privacy practices, choices and controls, or contact the Business User directly.

We collect the following personal data from you when you use our Services:

• Device-related information: device type hardware information, operating system, platform, screen resolution, color depth, IP address, browser settings, plugins, language setting, font setting, time zone setting, location information, and similar information about your device settings;
• Contact information: email address, mobile phone number, and any other contact information you may provide in your livechat with our Business User;
• Information about the goods and services: data relating to details of the goods and services that you buy from our Business User, delivery address, and any other information about the goods and services you may mention in your livechat with our Business User;
• Identification information: your first and last name, and any other identification information you may mention in your livechat with our Business User;
• Financial information: your payment status, and any other financial information you may mention in your livechat with our Business User;
• Information about your use of our Services: service details which you have used and how you have used them, and your personal preferences.

The personal data described above are either directly collected from you via from your devices, or from our Business User, or via your interactions with our Business User, in the following manner:

• device-related information is collected from your device when you use our Services;
• contact information is collected from our Business User or your interactions with our Business User;
• information about the goods and services is collected from our Business User or your interactions with our Business User;
• identification information is collected from our Business User or your interactions with our Business User;
• financial information is collected from our Business User or your interactions with our Business User;
• Information about your use of our Services is collected from you when you use our Services.

3.2  Representatives

To provide our Services for the Business Users, we collect, use and share personal data from the Representatives.

We collect the following personal data from Representatives when Representatives use our Services:

• Device-related information: device type hardware information, operating system, platform, screen resolution, color depth, IP address, browser settings, plugins, language setting, font setting, time zone setting, location information, and similar information about your device settings;
• Contact information: email address, mobile phone number, and any other contact information you may provide in the livechat settings;
• Identification information: your first and last name, and any other identification information you may provide in the livechat settings;
• Information about your use of our Services: service details which you have used and how you have used them, and your personal preferences.

The personal data described above are either directly collected from Representatives or from their devices, in the following manner:

• device-related information is collected from your device when you use our Services;
• contact information is collected from you when you use our Services;
• identification information is collected from you when you use our Services;
• Information about your use of our Services is collected from you when you use our Services.

3.3 Visitors (e.g. visitors to our wesite who are not an End Customer or Representative)

We collect the following personal data from Visitors when Visitors use our Services:

• Device-related information: device type hardware information, operating system, platform, screen resolution, color depth, IP address, browser settings, plugins, language setting, font setting, time zone setting, location information, and similar information about your device settings;
• Contact information: email address, mobile phone number, and any other contact information you may provide when you choose to fill in a form on the website;
• Identification information: your first and last name, and any other identification information you may provide when you choose to fill in a form on the website;
• Information about your use of our Services: service details which you have used and how you have used them, and your personal preferences.

The personal data described above are either directly collected from Visitors or from their devices, in the following manner:

• device-related information is collected from your device when you use our Services;
• contact information is collected from you when you use our Services;
• identification information is collected from you when you use our Services;
• Information about your use of our Services is collected from you when you use our Services.

4. On which legal basis and for which purposes do we process your personal data?

4.1 On which legal basis do we process your personal data?

We process your personal data only in accordance with the applicable data protection laws. We only process your personal data for the purposes specified in this Privacy Policy.

Under this section, we tell on what legal grounds we process your personal data. Depending on this legal basis, your rights with regard to our processing activities may differ.

We will process your personal data on the basis of one of the following legal grounds:

• the processing is necessary for entering into a contract or performing a contract (Article 6(1)(b) of the GDPR);
• the processing is necessary for the purposes of the legitimate interests pursued by the controller (us) or by a third party (Article 6(1)(f) of the GDPR) and does not unduly affect your interests or fundamental rights and freedoms. Please note that, when processing your personal data on this basis, we always seek to maintain a balance between our legitimate interest and your privacy. This data will remain strictly confidential. You can contact us for more information on how we strike a balance (see section 11. for our contact details);
• the processing is necessary for compliance with a legal obligation to which KamiChat is subject (Article 6(1)(c) of the GDPR), for example in limited cases to respond to requests from competent authorities in this context;
• you gave your explicit consent for the processing for one or more specific purposes, it being understood that KamiChat will at all times ensure that your consent is compliant with the applicable laws and regulations (Article 6(1)(a) of the GDPR).

4.2 For which purposes do we process your personal data?

We always process your personal data for a specific purpose and only process the personal data which is relevant to achieve that purpose.

Accordingly, we process your personal data for one of the following purposes:

• fulfilment of Services : we use your personal information (i) to send you Business User’s statements, billings, notices, if you’re the Representative; (ii) to manage our existing or potential customer relationship with you for each service you use, if you’re the Representative or Visitor; (iii) to respond to queries, requests and complaints , if you’re the Representative or Visitor; (iv) to process and retain your communication records with Business User for and on behalf of our Business User, if you’re the End Customer.
• (direct) marketing: we use your personal information to send or contact you to provide you on the e-mail address you have provided for direct e-mail marketing with commercial information about our Services. We will only inform you about Services that are similar to those services you have used in the past and in case you have not objected to the use of your personal data for marketing purposes;
• improvement of our Services: we use, to the extent necessary, any category of personal data to evaluate, improve and ensure our Services are working as intended. This includes but is not limited to (i) communicating with you (customer support, reviews of our products and services, information on new products and features, surveys etc.), (ii) analysing the use and performance of our products, services and websites, (iii) tuning, enhancing, improving and facilitating the functionality of the website;
• compliance with applicable rules: we use, to the extent necessary, any category of personal data to comply with applicable legal requirements and industry standards and policies.

4.3 Overview of our processing activities for End Customers

4.4 Overview of our processing activities for Representatives

4.5 Overview of our processing activities for Visitors

5. For how long will we process your personal data ?

We only keep personal data in an identifiable format for as long as is necessary for the purpose for which we are processing it (see more information on this in section 4.3), and, duly restricted, for as long as prescribed to comply with applicable laws and regulations (e.g. anti-money laundering laws, tax laws).

In particular, where we have a contractual relationship with you, we keep your personal data for as long as this contractual relationship lasts, and thereafter, duly restricted for as long as necessary for keeping legal evidence, protecting us against claims and safeguarding our legal rights. We may also keep the data for a longer period if required by law.

In any case, we will protect the confidentiality of your data, and where appropriate take steps to anonymise your personal data and any other information.

6. To whom do we communicate or give access to your personal data?

We do not sell or otherwise disclose personal data we collect about you to third parties, except as described in this Privacy Policy. We will share personal data to enable the performance of our Services that you have intended to or chosen to use. In this respect, we may share your personal data with our Business Users (for End Customrs, Representatives only), service providers, affiliates, or other relevant persons (the “Partners”).

We may transfer data to third parties who process data in the context of performing or offering our Services on our behalf. Those actors act either as processors for us, or for our Business Users to which they offer their services. When acting as our processors, they are not authorized to use the data or disclose it in any way except as here above described or to comply with legal requirements. The processors accessing your personal data generally operate in the information systems. We contractually require these third parties and our Partners to appropriately safeguard the privacy and security of personal data they process on our behalf.

We also may disclose data about you: (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials in accordance with their competences, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm, or (iv) in connection with an investigation of suspected or actual fraudulent or illegal activity, as obliged by applicable law. Moreover, we can reasonably share your personal data with third party service providers for the purpose of improvement of our Services as set forth in section 4.2 above. We also reserve the right to transfer any personal data we have about you in the event we sell or transfer all or a portion of our business or assets affecting the website. Should such a sale or transfer occur, we will ensure that (i) you are informed of such event and (ii) personal information you have provided to us remains to be treated in a manner that is consistent with this Privacy Policy.

If you want more information on the entities to whom we disclose, please contact our data protection team and/ or EU representative (see contact details in section 11 below).

7. Do we transfer your personal data to third countries?

We are a global business. Personal data may be stored and processed in any country where we do business, or where our service providers do business. We may transfer your personal data to countries other than your own country, including to the China, Indonesia. These countries may have data protection rules that are different from your country. When transferring data across borders, we take measures to comply with applicable data protection laws related to such transfer. In certain situations, we may be required to disclose personal data in response to lawful requests from officials (such as law enforcement or security authorities).

For transfers to third countries we have entered into Standard Contractual Clauses, approved by the European Commission, to ensure an adequate level of protection for the transfer of your personal data to those entities outside the EEA.

If you want more information on the entities, countries where your data is transferred, and safeguarding measures we take, please contact our data protection team and/ or EU representative (see contact details in section 11 below).

8. Do we receive any information on you from third-parties?

Yes, in case you’re the End Customer or Representative, we do receive your your identification information, financial information, information about the goods and services, if applicable, from your data controller, the corresponding Business User.

9. What are your rights and how can you exercise them?

9.1 Data protection rights

In accordance with applicable regulations, you have the following rights:

a)      Right to access

At any time, you have the right to access your personal data that we process, meaning that you have the right to obtain a copy of your personal data that is processed by us.

b)      Right to rectification

You have the right to have inaccurate or incomplete personal data rectified, respectively completed (which may involve providing a supplementary statement to the incomplete data).

c)      Your right to erasure

You may ask us to erase the personal data concerning you in the following circumstances:

• the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
• you withdraw your consent on which the processing is based and there is no other legal ground we can invoke for the processing activity concerned;
• you object to the processing of personal data concerning you which is based on the necessity of processing for (i) the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, or (ii) the purposes of the legitimate interests pursued by us or by a third party, which includes profiling based on those provisions, and there are no overriding legitimate grounds for the processing;
• you object to the processing of personal data concerning you for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing;
• the personal data have been unlawfully processed;
• the personal data have to be erased for compliance with a legal obligation to which we are subject;

However, we do not have to agree to delete all your personal data in those situations as prescribed by law where we are allowed or required to keep your personal data for a longer period of time.

d)      Your right to restrict processing

If you have an issue with the content of the information we hold or with the way we have processed your personal data, you may limit the way we process your personal data.

You have the right to obtain restriction of processing by us in the following circumstances:

• you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data;
• the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
• we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
• you have objected to the processing of personal data concerning you which is based on the necessity of processing for (i) the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, or (ii) the purposes of the legitimate interests pursued by us or by a third party, which includes profiling based on those provisions, pending the verification whether our legitimate grounds override yours.

e)      Your right to data portability

Where legally applicable, you have the right to have the personal data you have provided to us to be returned to you or, where technically feasible, transferred to a third party in a structured, commonly used and machine-readable format. Upon your request, we will provide you or the recipient designated by you in your written request, a copy of such personal data in a CSV or similar format.

f)        Your right to object

You have the right to object to the processing of your personal data, on grounds relating to your particular situation. You have the absolute right to object to the processing of your personal data for direct marketing purposes, which includes profiling related to such direct marketing. In some cases and depending on the legal basis of our processing of your data, your right to object may be limited.

g)      Your right to withdraw your consent

Where the processing of your personal data is based on your consent, you have the right to withdraw that consent at any time. Such withdrawal will not affect the lawfulness of past data processing. Please note that opposing to some processing can, however, affect some aspects of your use of our Services as KamiChat cannot provide these without processing necessary elements of your personal data.

h)      Your right not to be subject to a decision based solely on automated processing

You have the right to ask that we do not make our decision solely based on automated processes, including profiling. You can object to such an automated decision, and ask that a person reviews it unless such decision is authorised by applicable law to which we are subject.

9.2  How to exercise your data protection rights

You may exercise all of your data protection rights as mentioned in this section 9. of this Privacy Policy in accordance with the applicable data protection laws and regulations, by sending our data protection team and/ or EU representative (see contact details in section 11. below) a request mentioning your first and last name, and, when necessary to verify your identity, a copy of your ID card / identification document (passport or other proof of identity).

We do our best efforts to respond to your request within a reasonable timeframe.

Exercising any of your data protection rights as mentioned in this section 9. of this Privacy Policy is free of charge. However, we reserve the right to charge reasonable fees if your request if clearly unfounded, repetitive or excessive.

10. Updates to this Privacy Policy

We reserve the right to amend or modify this Privacy Policy in accordance with the applicable laws. You will be informed of any material changes through our website, or through other regular means of communication. Your continued use of the website or Services after a modification of this Privacy Policy entails your acceptance of the modified Privacy Policy.

We will ensure that you are informed of the changes sufficiently in advance thereof, taking into account the potential impact of the change on you.

11. Questions and complaints – Contact information

If you have a question about this Privacy Policy or about data protection at KamiChat, you can contact our data protection team and/ or our EU representative (see contact details below). Please also send an email to our data protection team and/ or our EU representative if you wish to exercise your right of access or data deletion or any other data protection right under Art. 15-22 General Data Protection Regulation, including revoking consent for marketing purposes, unsubscribing from the newsletter, etc.

• Our data protection team: support@kamichat.im
• Our EU representative: Cotsworlds Ecommerce Limited SA, email at support@kamichat.im

In case you contact us, you are required to provide at least your first and last name, and a copy of your ID card / identification document, when necessary to identify you (passport or other proof of identity). Otherwise we won’t be able to identify you and, consequently, reply to your complaint.