Updated 19 August 2021

The terms “Company,” “we,” “us,” and “our” refer to NovoChat (“NovoChat”). The terms “you,” “your,” “yours” and “Customer” refers to the business entities and individuals who visit the NovoChat Website and/or use the NovoChat platform. The term “End User” refers to an individual that shops on one of our Customers’ online stores. This Privacy Policy is governed by our Terms of Service. By using this website and/or the NovoChat Platform or NovoChat’s Services, you consent to the data practices described herein. As technology and circumstances change, we will continue to update, modify and enhance this Privacy Policy on this webpage for your benefit. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.

The Privacy Policy herein will proceed in three different sections. Section 1 pertains to the use and collection of your data on the NovoChat Website (https://www.novochat.co) and its sub-domains. Section 2 pertains to the use and collection of your End Users’ data on NovoChat’s Platform as it is used by you, our Customer. Section 3 explains certain policies that pertain to both the use and collection of data on the NovoChat Website and the NovoChat Platform.

1. USE AND COLLECTION OF DATA ON OR THROUGH THE NOVOCHAT WEBSITE

1.1 Cookies

“Cookies” are small text files that websites sent to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the visitor’s browser. These small programs enhance your use of the Internet, in general, and, specifically, we use cookies to enhance your usage of our functions.

Please note that we employ the use of cookies and that, currently, we, our service providers, and our business partners may collect certain information about the use of the NovoChat Website and third-party websites using cookies (along with web beacons and other technologies). Cookies may also provide us and third parties with Recording Session information, show us visitor preferences regarding return visits to our website, help us manage subscription or private areas on our website, record user-specific tracking or aggregate tracking information of visitors, and deliver user-customized content based on your specific information (e.g., internet protocol (“IP”) address, internet service provider (“ISP”), referring/exit pages, date/time stamp, clickstream data, browser type, screen type, resolution, operating system, etc.). Likewise, as part of our services, we may offer our Customers the ability to use cookies and similar technologies on their websites or in the SMS messages they send to their End Users; and, if a Customer does so, we collect information on the Customer’s behalf.

Cookies can be disabled, however, if you turn off your cookies you may find your enjoyment of the Internet, and our website, to be reduced or impaired. You may turn off your cookies by adjusting the appropriate setting on your browser.

The information we collect by automated means varies based on whether we are collecting information for our own business purposes or whether we are collecting information from or on behalf of our Customers to provide our services.

1.1.1 Data Collected for NovoChat’s Own Business Purposes:

The information collected by automated means for our own business purposes includes the following:

·       Details about the devices that are used to access our website (such as your IP address, the type of operating system you are using, and the web browser you are using);

·       Dates and times of visits to, and use of, our websites;

·       Information about how our websites are being used (such as the content that is being viewed on our websites, how Customers and Website Visitors navigate between webpages on our websites, which actions Customers and Website Visitors take on our websites, and the data and time Customers and Website Visitors access our websites);

·       URLs that refer visitors to our websites;

·       Search terms used to reach our websites.

1.1.2 Data Collected on Behalf of Our Customers:

The information collected by automated means on behalf of our Customers may include the following:

·       Details about the devices that are used to access our Customers’ website (such as End Users’ IP address, the type of operating system End Users are using, and the web browser End Users are using);

·       Dates and times of visits to, and use of, our Customers’ websites;

·       Information about how our Customers’ websites are being used (such as the content that is being viewed on our Customers’ websites, how End Users navigate between webpages on the Customers’ websites, which actions Customers and Website Visitors take on the Customers’ websites, and the data and time End Users access Customers’ websites);

·       URLs that refer End Users to our Customers’ websites;

·       Search terms used to reach our Customers’ websites.

1.2 Registration Data

In order to access certain services and restricted areas of the NovoChat Website (the “Restricted Services”) NovoChat requires you to provide certain identifying information listed in the online registration form (the “Registration Data”). This information may include the following: (a) your legal name and/or the legal name of your business; (b) your address and/or the address of your business; (c) your email address; (d) your phone number; (e) your user name; (f) your social media profile URL; (g) your areas of interest; (h) your Registration Services password used to access your NovoChat Account; (i) your method of payment; and (j) if applicable, your credit card holder data.

While using NovoChat as a client, third party personal information may be entered, such as the legal name, address, telephone number, and email address of the business you represent. This information is only used for the purpose it was collected for, which includes, setting up your or your business’s NovoChat Account and communicating with you or your business.

You may also cancel your NovoChat Account (and, by extension terminate your use of the NovoChat Platform and its Services) at any time by sending an email to [email protected] NovoChat will retain your Registration Data only for as long as necessary to complete the cancellation. We will then destroy the Registration Data or anonymize the information, in accordance with applicable law.

NovoChat reserves the right to request any additional information necessary to establish and maintain your or your business’s NovoChat Account and/or for communicating with you or your business.

1.3 Access & Correcting Personal Information

You may request access to correct, amend, update, or delete the personal information that we maintain about you by emailing [email protected] We will respond to your request within 30 days.

We reserve the right to verify the identity of the individual in connection with any request regarding Personal Information, including, but not limited to, Registration Data or End User-Specific Data, to help ensure that we provide the information to individuals to whom the information pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that Personal Information.

1.4 Communications

Unless you select the “Opt-Out” option as described in Section 1.12, NovoChat reserves the right to use your or your business’s Registration Data to send you and/or your business information about NovoChat, the NovoChat Website, NovoChat products and services, and other topics in which you have indicated an interest.

If you communicate with us via the NovoChat Website, email, telephone, or surface mail, we will maintain such communications and the information contained within them for the purpose of providing you with customer service. To protect these communications, we employ safeguards that are reasonable in the industry.

In choosing to communicate with us through the NovoChat Website, you may be required to complete online registration forms that provide us with contact information (such as your name, street address, email address, and phone number), and by providing this contact information you agree that NovoChat may, from time to time, send you emails regarding our service so that we can directly communicate with you regarding issues we determine to be relevant. Any information that you give us when you complete a contact form or inquiry form is collected and retained by us.

It is our policy not to send unsolicited emails or allow third parties to contact you via the email address that you provided to us.

1.5 Opt-Out Right

If you do not wish to receive any special offers or other communications from NovoChat, you have the right to choose to stop receiving any email communications (such as NovoChat newsletters or marketing emails) by following the unsubscribe instructions included in those email communications. However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as information about changes to our website Terms of Service and Privacy Policy).

1.6 Testimonials on Our Website

With your consent, we may post your testimonial along with your name and business affiliation. If you want your testimonial removed at any time, please contact us at the physical address or email address listed herein.

1.7 Links to Third-Party Websites
By accessing the NovoChat Website, you acknowledge that NovoChat provides links to third-party websites, but that NovoChat is not responsible for the content of such third-party websites or their terms, conditions, or privacy policies. You acknowledge that you must carefully review the terms, conditions, and privacy policies of all websites prior to using said third-party websites and you assume all risk of using third-party websites. Furthermore, you understand and agree to not hold NovoChat responsible for any third-party content provided on the NovoChat website that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction.

2. USE AND COLLECTION OF USER DATA THROUGH THE NOVOCHAT PLATFORM

You and the rest of our Customers that implement the NovoChat Platform provide access to the NovoChat Platform to your End Users. By providing the NovoChat Platform to your End Users, you acknowledge that we may collect certain personal information about those End Users (“End User Information Data”), and by engaging with the NovoChat Platform, your End Users also acknowledge that we may collect End User Information Data. Furthermore, you acknowledge that by signing up for the NovoChat Platform and NovoChat’s Services, we may collect certain information about you (“Customer Data”).

2.1 End User Information Data

The End User Information Data that we may collect includes following: (a) End User’s legal name; (b) End User’s mailing address; (c) End User’s email address; (d) End User’s phone number; (e) End User’s social media profile URLs; (f) End User’s demographic data; (g) End User’s shopping history; (h) End User’s interactions with marketing communications; and (i) End User’s conversations/chat messages with NovoChat’s Customer’s representatives.

2.2 Confidentiality of End User Information Data

End User Information Data is the property of NovoChat, subject to and protected by the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq., and is maintained in a secured area on the NovoChat Website for transmission. After any and all End User Information Data is transmitted, it is stored in our password-secured database. End User Information Data is encrypted at rest and in transit. NovoChat will not sell, rent, swap, or otherwise disclose or distribute End User Information Data to any third party for promotional purposes.

2.3 Use of End User Information Data

We may collect End User Information Data and grant our customers full access to the End User Information Data of their specific End Users. “Full access” means permission to download, delete, and/or modify End User Information Data. Furthermore, with our customer’s permission, we may access End User Information Data to analyze results from Customers’ marketing campaigns.

2.4 Access & Correcting End User Information Data

NovoChat has no direct relationship with those End Users whose End User Information Data it gathers or processes. A End User who seeks access to, or wishes to correct, amend, or delete, inaccurate information should direct his or her inquiry to the NovoChat Customer whom the End User has been engaging with (the “Data Controller”).

Furthermore, if an End User would like to no longer be contacted by the Data Controller or have his or her End User Information Data removed from the Data Controller’s possession, the End User should contact the Data Controller directly and per the instructions listed in the Data Controller’s Terms of Service and/or Privacy Policy.

2.5 Customer Data

Customer Data may include the following: (a) your legal name and/or the legal name of your business; (b) your address and/or the address of your business; (c) your email address; (d) your phone number; (e) your subscriber name or “screen name”; (f) your social media profile URL; (g) your areas of interest; (h) your NovoChat Account password used to access your or your business’s NovoChat Account; (i) your method of payment; and (j) if applicable, your credit card holder data.

2.6 Confidentiality of Customer Data

Customer Data is the property of NovoChat, subject to and protected by the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq., and is maintained in a secured area on the NovoChat Website for transmission. After any and all Customer Data is transmitted, it is stored in our password-secured database. NovoChat may use Customer Data to (a) provide services to our Customers; (b) respond to requests, inquiries, comments, and suggestions provided by Customers; (c) analyze and enhance NovoChat’s communication and marketing strategies; (d) operate, evaluate, and improve our business, websites, and other products and services being offered; (e) invoice and collect payment for our Services; (f) establish and maintain individual Customer profiles; and (g) administer surveys and other marketing research. NovoChat will provide Customer Data to third parties as described in Section 2.11 (Third Party Relationships).

2.7 Use of Customer Data

We may collect Customer Data so that we can contact you about your NovoChat Account, the NovoChat Platform, new or updated NovoChat Services, and/or for marketing/promotional purposes. Furthermore, we may access Customer Data to resolve certain technical issues with the NovoChat Platform.

2.8 Access & Correcting Customer Data

You may request access to correct, update, or delete all Customer Data by emailing [email protected] We will respond to your request within thirty (30) days.

We reserve the right to verify the identity of the individual in connection with any request regarding Customer Data to help ensure that we provide the information to individuals to whom the information pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that Customer Data.

2.9 Third Party Relationships

We use other third parties to provide services related to the NovoChat Website and NovoChat Platform (such as technology support, data analytics support, payment processing support, web hosting, email marketing, advertising, etc.), and when End User’s sign up for or engage with the NovoChat Platform we share your End User Information Data with them as necessary so that the third parties can adequately provide their services. Transfers to subsequent third parties are covered by the service agreements with our clients.

3. PRIVACY POLICIES APPLICABLE TO BOTH THE NOVOCHAT WEBSITE AND THE NOVOCHAT PLATFORM

3.1 Data Retention

Please note that we will retain and use Registration Data, User-Specific Data, End User Information Data, and Customer Data for as long as your account is active and as long as needed to provide you services, comply with our legal obligations, resolve any and all disputes, and enforce our agreements with you and third parties.

3.2 International Data Transfers

We may transfer Registration Data, End User-Specific Data, End User Information Data, and Customer Data to countries other than the country in which the data was originally collected for the purposes described in this Privacy Policy. For example, if an End User or Customer is located outside of the United States, we typically transfer the relevant Registration Data, End User-Specific Data, End User Information Data, or Customer Data to the United States. The countries to which we transfer Registration Data, End User-Specific Data, End User Information Data, and Customer Data may not have the same data protection laws as the country in which you initially provided the information.

3.3 Liability for Acts of Third Parties

Although NovoChat will use all reasonable efforts to safeguard the confidentiality of any Registration Data, End User-Specific Data, End User Information Data, and Customer Data it gathers, transmissions made by means of the Internet cannot be made absolutely secure. Therefore, by accessing the NovoChat Website, submitting Registration Data to us, or signing up for the NovoChat Platform and NovoChat’s Services, you acknowledge and agree to not hold NovoChat liable for any disclosure of Registration Data, End User-Specific Data, End User Information Data or Customer Data due to errors in transmission or through the unauthorized acts of third parties, including but not limited to, NovoChat employees who are acting outside the scope of their authority.

DISCLAIMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NOVOCHAT WILL NOT HAVE ANY LIABILITY TOWARDS CUSTOMER AND CUSTOMER’S END USERS FOR ANY DAMAGES ARISING FROM ACCESSING THE NOVOCHAT WEBSITE, OR CUSTOMER’S SUBMISSION OF REGISTATION DATA AND/OR USE OF THE NOVOCHAT PLATFORM, WHETHER THE CAUSE OF ACTION BE BASED ON TORT, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, ACTUAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR DUE TO ANY CAUSE OF ANY NATURE. BY ACCEPTING THIS PRIVACY POLICY, CUSTOMER ACKNOWLEDGES AND AGREES TO HOLD NOVOCHAT HARMLESS FROM ANY LOSS OR HARM OF ANY NATURE DUE TO CUSTOMER’S USE OF THE NOVOCHAT WEBSITE OR NOVOCHAT PLATFORM, WHETHER DIRECTLY OR INDIRECTLY. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

3.4 Notification of Privacy Policy Changes

As indicated above, we may update this Privacy Policy to reflect changes to our information needs and practices. If we make any material changes, we will notify you before these changes come into effect at the email address specified in your NovoChat Account or via a notice on this website. We encourage you to periodically review this page for the latest information on our privacy practices and to always remind your End Users of changes to our Privacy Policy.

3.5 Privacy Policy Exceptions

By using the NovoChat Website and/or signing up for NovoChat’s Platform and NovoChat’s Services, you acknowledge that there are certain exceptions to our Privacy Policy that may be triggered under rare circumstances. Under these circumstances, NovoChat may be required to disclose Registration Data, End User-Specific Data, End User Information Data, or Customer Data. Currently, these circumstances include the following:

·       Where disclosure is required by law or the legal process, such as to comply with a state or federal investigation;

·       Where we believe that disclosure is necessary to protect our rights, your safety, and the safety of others; investigate fraudulent activity; or response to a government request of any kind;

·       Where disclosure is required due to NovoChat’s involvement in a merger, acquisition, or sale of all or a portion of its assets

·       Where disclosure is provided to a third party with your prior consent.

3.7 Contact Information

If you have any questions about this Privacy Policy and/or our use of Registration Data, End User-Specific Data, End User Information Data, or Customer Data, please contact us at the following:

[email protected]