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Privacy Notice

LivePerson, Inc. and affiliates (“LivePerson”) value your privacy and we are committed to protecting the data entrusted to us. This privacy notice aims to explain what personal data we collect from you and how we use it. This privacy notice applies if you: visit LivePerson’s corporate websites or social media or other web pages located on third-party websites, use any websites or application(s) (including mobile applications) provided by LivePerson, provide LivePerson with business contact information, or register to attend any of LivePerson’s corporate events. This privacy notice also applies if you use LivePerson’s websites, hosted services, products, applications and/or content (collectively, the “Services”) directly or through a LivePerson customer (for example, on a LivePerson customer’s website or mobile application). This privacy notice does not apply if you use a service provided by a LivePerson affiliate that has its own privacy notice. In such a case, the LivePerson affiliate’s privacy notice will apply.

What does LivePerson do?

LivePerson is a cloud based Software as a Service (“SaaS”) company that believes consumers should be able to communicate with brands as easily as they do with friends and family. Founded in 1995, LivePerson focuses on chat and digital engagement to enable its 18,000+ customers to improve consumer satisfaction, increase online sales and reduce customer service costs through its AI-powered Conversational Cloud platform. Rooted in human emotion and powerful AI understanding, LivePerson is committed to continuously pushing the boundaries of digital and human conversations.

What information do we collect from you?

Information provided to LivePerson by a Brand/Customer

If you engage with a brand that uses our Services (“Brand(s)” or “Customer(s)”), the data collected by the Customers and provided to LivePerson may include:

  • A transcript of the conversation between you and the Customer on their website, mobile apps, and other media that they use to communicate with you via our Service(s),
  • Information on behalf of and requested by the Customer, such as information related to your browsing, purchasing and online behavior and activities, and
  • Automatic information, such as IP address, operating system and type of device used.

If you elect to engage in any communication or engagement session with LivePerson or any Customer, it is up to you to decide what, if any, information to provide during such session.  Depending on your request, it may not be possible for us or our Customer to address all of your questions without further information from you.  Nevertheless, if you do not wish to provide certain information, then you should not do so.

For clarity, in such instances as listed above, LivePerson is a Processor, not a Controller, of personal data that we process on behalf of our Customers in order to provide our Services. If you have questions related to how our Customers use your data, please contact such Customer(s) directly. Our Customers may have different privacy and data security practices that we cannot control. We are not responsible for the privacy and data security practices of our Customers. 

Information collected about You through our Digital Properties

If you visit our websites, contact us directly, or use our apps, the data collected may include:

  • Information you provide to us, such as:
    • Personal information, such as your name and contact information;
    • Surveys, transcripts and recordings of your communications with us;
    • Information you provide or content you upload or submit to our websites, applications, website communities (e.g. Developer Community), message boards and blogs;
    • Business information, including business contact information that you provide to us or information similar to what would appear on a business card;
  • Automatic information, such as:
    • Web browser and usage information, including IP address, browser types, page view tallies, time spent on each page, page browsing information, operating system and type of device used.

How does LivePerson collect information from you?

Through our Brands/Customers

A Brand that has enabled our technologies on its website or in its mobile applications, voice or SMS messaging capabilities, social media page/profile or other digital engagement solutions may collect your personal information and provide this information to us for processing purposes.

Through our Digital Properties

LivePerson automatically collects information on its digital properties through the use of cookies, web pixels, and related technologies. For more information about these technologies, see Section 6 below.

LivePerson also collects information that you directly provide to us, including user-submitted content on LivePerson websites and apps.

General

In addition, we may collect information through the following methods:

  • Your communications with LivePerson, including direct conversations with LivePerson personnel via digital channels,
  • Your requests for information, news and other content,
  • Your participation in or use of one or more LivePerson websites, applications, communities, message boards or blogs,
  • A technical support request you submit,
  • Your participation in a LivePerson promotion, or
  • Recruitment and job applications.

We may also collect information from our direct interactions with you (such as through your attendance at a trade show or through direct sales inquiries or conversations), publicly available data or data provided by third-party sources, such as marketing opt-in lists.

How does LivePerson use the information it collects about me?

Through our Brands/Customers

If you engage with a Brand, we use the information collected by the Brand to provide our services to the Brand, and as directed by the Brand. Common uses of such information include:

  • Determining whether to deploy a chat button or other content,
  • Developing and improving the LivePerson Services, or
  • Developing marketing campaigns.

If you engage with a Brand that uses our Services, we may retain your information for a period as contractually agreed upon with the Brand. Most data collected on behalf of our Brands is deleted on a rolling basis 13 months after the conversation took place.

Through our Digital Properties

If you visit our websites or use our apps directly, we may also use your information for the following purposes:

  • To deliver information requested by you, for example in response to technical support requests,
  • To improve the webpage view and provide a consistent web browsing experience, or
  • To adapt our content to your settings and device configuration.

General

LivePerson uses information you provide through various channels for ordinary business activities, including:

  • To deliver marketing materials to you,
  • To provide service updates and business-related notifications,
  • To assess and improve our business operations,
  • For promotions you may enter into, or
  • If you submit a resume or CV, to be considered for employment with LivePerson.

LivePerson may retain your information for a period of time consistent with the original purpose of collection. We may also retain your information during the period of time needed for LivePerson to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes, and enforce our agreements.

We process your information if you have given your consent (to us or our Customers, as applicable); if it’s necessary to perform a contract with you or to take steps at your request prior to entering into a contract; if it’s necessary to comply with legal obligations; and/or if it’s necessary for us or a third party (such as a Customer) to pursue a legitimate interest.

Cookies and Similar Technology

We use cookies and other identification technologies to deliver and improve the Services and to enhance your experience.

Through our Digital Properties

Cookies:

Cookies are small text files stored on a visitor’s web browser and applications. Cookies are often used to make browsing easier by performing functions such as saving passwords and maintaining lists of personal preferences regarding the use of the website.

LivePerson’s website and digital properties may use the below types of cookies. For a list of the cookies we utilize on our site, click here.

  • Strictly Necessary Cookies – these cookies are essential to enable you to browse our websites, apps and Services and use the available features.
  • Functionality Cookies – these cookies allow our websites, apps and Services to remember choices you make while browsing, such as geographic location and preferences such as text size and fonts.
  • Performance Cookies – these cookies collect information about how you use our websites, apps and Services. For instance, these cookies track which pages you visit most. This data may be used to help optimize our websites, apps and Services and make it easier for you to navigate within them.
  • Analytics Cookies – these cookies track your activity on our website, apps, and Services. We may use these cookies to provide advertisements to you. These cookies can be disabled through the pop-up banner on our website or by clicking the “Your Privacy Choices” or “Do not Sell or Share My Personal Information” link in our website footer.

Other identification technologies that may be used by LivePerson Services:

  • Pixel tags (also called beacons or pixels) – these are first- or third-party tags installed on (or called by) a webpage or application. Pixel tags can retrieve certain information about your device and browser, including device type, operating system, browser type and version, website visited, time of visit, referring website, IP address and other similar information. LivePerson uses pixel tags to identify conversions of users on our website and to assess certain website activity or events, such as when a user fills out a form or clicks on a link.
  • Software Development Kits (also called SDKs) – function like pixels and cookies, but operate in the mobile application context where pixels and cookies cannot always function. The application developer can install pieces of code (the SDK) into the application to collect certain information about user interaction with the application and information about the user device and network information.

First and third-party technologies:

We may use first-party cookies or other tracking technologies as described above – these cookies or technologies originate from the same domain as the website you’re currently visiting i.e. www.liveperson.com. LivePerson may also use third-party service providers who are authorized to place cookies, pixel tags or similar technologies on our Services with our permission. These technologies help us compile metrics and analytics to help improve our Services. Third-party cookies and technologies are covered by the third party’s privacy notice.

Through our Brands/Customers

When you use LivePerson’s Services through a Brand be aware that LivePerson’s systems are designed to handle cookie management in accordance with data subject consent. However, it is our Brand’s responsibility to obtain (and maintain) your consent before using our platform’s cookies and related technologies on the Brand’s websites.

For up-to-date information about the cookies that may be used in our product, see our developer center’s cookie page here. Given that our Brands may differ in their implementation of our product, you should consult with them directly regarding their use of LivePerson’s product-related cookies.

How to Control Cookies

Web browsers are usually set to accept cookies. However, if you prefer not to receive cookies, you can modify your settings in most web browsers to accept or deny cookies or to request your permission each time a site attempts to set a cookie. Note that if you choose to disable cookies, not all functionality offered by LivePerson will be available or will work as effectively for you. Configuring how your browser handles cookies will not affect the use of other web tracking technologies such as pixel tags.

For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.youronlinechoices.com.

Do Not Track

Various browsers currently offer a “do not track” or “DNT” option that relies on a technology that sends a signal to websites a user visits about that user’s browser DNT preferences. LivePerson will honor any DNT signal that complies with the Global Privacy Control standard. LivePerson will continue to monitor developments around DNT browser technology.

Sharing of information collected

LivePerson does not sell or trade personal information provided by you to us in any transcript, survey or recording for purposes of direct marketing. LivePerson shares data as provided in this privacy notice or with your permission.  LivePerson does not disclose the contents of transcripts, surveys or recordings other than to service providers performing services on behalf of LivePerson or as provided in this privacy notice or with your consent.

Through our Brands/Customers

Brand you have engaged with through the Services

If you engage with a Brand, that Brand shares your information with us. LivePerson may share this information with its sub-processors in accordance with our agreement with the Brand. A complete list of LivePerson sub-processors is available at https://www.liveperson.com/policies/subprocessors/. If you have engaged with a Brand, you can contact the Brand to learn more specific information regarding the relevant sub-processors they are utilizing, including with our Services.

For legal reasons

We may share your information if we reasonably believe that it:  (i) is necessary to comply with a legal process (such as a court order, subpoena, or search warrant) or other legal requirement of any governmental authority; (ii) would potentially mitigate our liability in an actual or potential lawsuit; (iii) is necessary to enforce this privacy notice or our Terms of Use available at www.liveperson.com/policies/terms-of-use or any other agreement in place between you and LivePerson; (iv) is necessary to investigate and prevent unauthorized transactions or other illegal activities; and/or (v) is otherwise necessary or appropriate to protect our rights or property or the rights or property of any person or entity. If you are an EU/UK citizen and we share your information in response to a lawful request, you have rights available to you as detailed in Section 12 of this Privacy Notice.

To deliver and improve the Services

We may de-identify information so that it is not personally identifiable and use and share such de-identified information for training and quality assurance purposes and to deliver and improve our Services.

Service providers

We use a limited number of third-party service providers to assist us in making our websites and Services available to visitors and users. For example, we may share data with third parties who provide services to us, such as credit card processing services, analytics and data storage services. These third parties may access, process or store personal data in the course of providing their services.

Through our Digital Properties

LivePerson shared information with its partners as described here: https://www.liveperson.com/policies/cookies/. You may opt out of our sharing of information for advertising or analytics purposes by choosing “Strictly Necessary” cookies in our pop-up banner on our website, or by clicking the “Your Privacy Choices” or “Do not Sell or Share My Personal Information” link in our website footer.

LivePerson is committed to respecting the legal rights individuals have
regarding their personal data.

Through our Brands/Customers

Because LivePerson has limited ability to access data shared with our Brands, you must contact a Brand directly to: request access to or receive a copy of the personal data you’ve provided to a Brand; review, correct, delete, or transfer any of the personal data you’ve provided to a Brand; or to withdraw your consent to LivePerson processing your personal data on behalf of a Brand. Brands have access to a variety of tools designed to support a Brand’s ability to comply with GDPR’s Right to Be Forgotten requirement and to respond to individual rights requests, including LivePerson’s Personal Data Deletion API. If you cannot get in contact with a Brand, or if your request relates to an activity originating directly from LivePerson, you may contact us at  privacy@liveperson.com, and we will respond within thirty (30) days, or in accordance with relevant law requirements, and can help coordinate with and support the Brand as needed to respond to your request. 

Through our Digital Properties

If you have signed up to receive LivePerson’s marketing or advertising communications, you may, at any time, opt out of receiving further communications by clicking on the opt-out link at the bottom of a marketing or advertising email you receive.  You may also contact us at privacy@liveperson.com to opt out or to request changes to your personal information.

If you believe that we have not been able to assist you with your inquiry, and you are located in the European Economic Area, you have the right to file a complaint with the relevant supervisory authority.

How does LivePerson keep my information secure?

We use security measures designed to protect against the loss, misuse and alteration of the information under our control.  Our systems are hardened against intrusion with a robust defense strategy including the use of Firewalls, ACLs, Load Balancers, and dedicated DDoS protection technologies.

We also offer various supplementary measures available to our Brands, upon request, including additional encryption and data masking options.

If you are communicating with a Brand, you should review the privacy practices of that Brand to understand which security measures they use.

Additional mobile considerations

In addition to the other terms in this privacy notice, if you use our mobile applications, access our mobile-optimized websites or have a conversation with a Brand that uses our Services in its mobile application, we may receive information about your mobile device, including a unique identifier for your device.

If you receive SMS messages from LivePerson, you may opt out by following the opt-out instructions that we provide or by contacting us at privacy@liveperson.com. 

If you receive SMS messages from a Brand, you may opt out by following the opt-out instructions provided by the Brand you are communicating with or by contacting the Brand directly.  If the Brand does not respond to your request, you may contact us at privacy@liveperson.com, and we can help put you in touch with the Brand regarding your request.

LivePerson communities, message boards and blogs

Information that you share on LivePerson communities, message boards or blogs becomes publicly available and therefore may be read, collected, copied and used by other users for any purposes at their discretion.  Because this information is publicly available, LivePerson’s privacy obligations outlined in this privacy notice do not apply to this information. Regardless, where required by law LivePerson will comply with data subject requests that relate to your use of such communities, message boards, or blogs.

International data transfers

Please note that we may transfer your personal data outside of your country of origin.  By providing or making available your personal data, you consent to that transfer.

We will take steps to ensure that your data is subject to appropriate safeguards as required under this privacy notice, applicable data protection laws, contractual obligations with our Customers and, where applicable, appropriate legally recognized data transfer mechanisms such as an Adequacy Decision granted to a non-European Union (“EU”) country on the basis of article 45 of Regulation (EU) 2016/679 (list of countries that have been recognized as adequate available here); the  Standard Contractual Clauses (“SCCs”) as approved by the European Commission from time to time and, where applicable, the United Kingdom (“U.K.”) Addendum to such SCCs; or any other valid data transfer mechanism, issued or approved by the European Economic Area (“EEA”), Swiss, or U.K. authorities such as the Data Privacy Framework (“DPF”) Program.

As mentioned above, we use a limited number of third-party service providers to make our websites and Services available that may access, process, or store personal data in the course of providing services. We currently maintain contracts with these third parties requiring their compliance with applicable laws and regulations and restricting their access, use and disclosure of personal data. LivePerson is responsible for ensuring that these third parties are in compliance with having an approved and legally recognized data transfer mechanism in place and will be liable if a third party fails to meet the DPF Principles unless LivePerson can prove that it is not responsible for the event giving rise to the third-party’s non-compliance.

LivePerson complies with the EU-U.S. DPF, the U.K. Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF as set forth by the U.S. Department of Commerce. LivePerson has certified to the U.S. Department of Commerce that it adheres to the processing of personal data received from the EU, the U.K. and/or Switzerland, as applicable, in reliance to the relevant DPF Program. If there is any conflict between the terms of this privacy notice and the EU-U.S. DPF Principles, the U.K. extension to the EU-US DPF Principles and/or the Swiss-U.S. DPF Principles, the DPF Principles shall govern. To learn more about the DPF Program and to view LivePerson’s certification, please visit the U.S. Department of Commerce’s DPF Program site at https://www.dataprivacyframework.gov/

LivePerson is subject to the investigatory and enforcement powers of the United States Federal Trade Commission regarding compliance with the DPF Program. In compliance with the DPF Principles, LivePerson commits to resolve complaints about our collection or use of your personal data. Any inquiries or complaints regarding our data privacy practices may be directed to privacy@liveperson.com or to our external Data Protection Officer Prof. Dr. Christoph Bauer at ePrivacy GmbH at Große Bleichen 21, 20354 Hamburg, Germany.  We will respond within thirty (30) days and provide appropriate recourse at no cost to you.  If we fail to respond within that time, or if we have not addressed your DPF Principles-related complaint to your satisfaction, you may contact ICDR (the international division of the American Arbitration Association), an independent third-party dispute resolution mechanism based in the United States, at https://go.adr.org/dpf_irm.html for more information or to file your complaint.  If neither LivePerson nor the ICDR resolve your complaint, under certain conditions as outlined in Annex I of the DPF Principles here, you may invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms; otherwise, you may also contact the appropriate data privacy authorities.

LivePerson’s EU Representative is its LivePerson Netherlands B.V. entity located at Herengracht 124, 1015BT Amsterdam, The Netherlands. Further, LivePerson’s UK Representative is its LivePerson (UK) Limited entity located at 16 Great Queen Street, London EC2B 5DG, United Kingdom.

Children

The Services are not directed to individuals under 18.  If you are under the age of 18, you may not use the Services or provide any personal information to us without a valid parental or legal guardian consent.  LivePerson does not knowingly collect personal information from individuals under the age of 18.  If you are a parent of an individual under 18 and believe your child has provided personal information to LivePerson, or if you are a California resident under the age of 18 and wish to remove content you have made publicly available, please contact us at privacy@liveperson.com, where you may request to exercise your applicable access, rectification, cancellation, and/or objection rights.  LivePerson reserves the right to immediately delete the information of any individual, to the extent permitted by law, who it believes is under the age of 18.

Miscellaneous

We recommend that you review this privacy notice periodically, as we may update it from time to time.  Your continued use of our websites, apps and Services, as applicable, constitutes your consent to this privacy notice, to the fullest extent permitted by law.

We are not responsible for and do not control the privacy practices of any of our Customers or any other third party.  We encourage you to review the privacy practices of any Customer and/or any third party. 

We welcome your feedback on our privacy notice.  You can send any comments or questions by email to privacy@liveperson.com or by mail to LivePerson, Inc., Attn: Legal Department – Privacy, 530 7th Avenue, Floor M1 New York, NY 10018. You can also contact our external Data Protection Officer Prof. Dr. Christoph Bauer at ePrivacy GmbH at Große Bleichen 21, 20354 Hamburg, Germany.

Updated on September 12, 2023