Privacy Policy

December 5, 2023

Click here for PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This Privacy Policy describes the data handling practices of LiveAction, Inc. and its affiliates (collectively, “LiveAction” or “we” or “us”). Maintaining the trust of our customers and providing an exceptional customer experience are LiveAction’s top priorities. We believe in respecting the personal privacy of our customers and simply doing what is right.

At LiveAction, we are committed to safeguarding your personal information through our compliance with this Privacy Policy. LiveAction is furthermore firmly committed to comply with all applicable privacy and laws, including the European Union’s General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act, as amended by the California Consumer Privacy Act (“CCPA”). LiveAction is a business-to-business provider of software products and services (collectively, “Products”). This Privacy Policy describes the types of information we may collect about visitors to our website (“Visitors”) and individuals (“Customer Representatives”) acting on behalf of our business entity customers (“Customers”) that use our Products and our practices for collecting, using, maintaining, protecting, and disclosing that information.

We have drafted this Privacy Policy to be as clear and concise as possible. Please read it carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using this website or using our Products, you agree to this privacy policy.

We have organized this Privacy Policy into the following sections:

1. Information you share with us
2. Information we collect from you
3. How we use your information
4. Legal grounds for processing your information
5. Information sharing and disclosure
6. Choices about our communications with you
7. Data security and retention
8. Your privacy rights, choices and disclosures, including those for Europe and California
9. Users outside the United States
10. Privacy Policy changes
11. Contact information

This Privacy Policy does not address: (1) personal information that is collected by our Customers (either with or without the use of the Products) and provided to LiveAction for processing (“Customer Information”). Such Customer Information may include personal data of Customer’s employees, authorized users and clients/customers. LiveAction’s processing of personal data contained in Customer Information is governed by a separate data processing agreement between LiveAction and the Customer. If you are an employee, authorized user or client/customer of our Customer, please understand that LiveAction and Customer are independent parties, and LiveAction has no control over the Customer’s privacy practices; please review the privacy policy of the Customer to understand the Customer’s practices and direct any questions, concerns, or data rights requests to the Customer.

In addition, our website and our Products may contain applications and content by third parties. This Privacy Policy does not apply to such applications and third-party content. We encourage you to review the data privacy terms of any third party providers you engage with.

1. Information You Share With Us.
If you communicate directly with LiveAction, LiveAction may collect and store personally identifying information that you share with us, including, but not limited to, your name, a home, business, or other address, billing address, phone number, and email address, as well as other information that may be needed to provide a service or information you requested. You may have provided or provide such information (i) through forms you fill out on our website or through your correspondence with us, (ii) if you have requested support from us, (iii) through our blogs, webinars or social media channels or (iv) if you are participating in a survey, contest or other promotional event we may offer from time to time.

If you inquire about a career at LiveAction through the website’s careers page, you will also be asked to provide additional information including your resume. We utilize a third party provider to host our job applications and assist with the application process which has their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms. We will use the personal data of job applicants solely for employment evaluation purposes. Providing this information is completely voluntary.

Our website contains links to other websites, but LiveAction is not responsible for their privacy practices. We encourage you to learn about the privacy policies of such third party partners you communicate with.

LiveAction does not intend to collect information from individuals who identify themselves as under eighteen (18) years of age. No one under the age of 18 may provide any personal information to or on the website or our Products. LiveAction does not knowingly solicit personal information from children under the age of 18 or send them requests for personal information. LiveAction will not knowingly disclose personally identifiable information of children under 18 to any third party. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected].

2. Information We Collect From You.

As you navigate through and interact with our website, or use our Products, subject to your settings and choices as discussed in this Privacy Policy, we may use common data collection technologies to collect certain statistical information. In particular, our Products may report telemetry data back to us. Such information may include data about your network, including traffic data, location data, logs, and other communication data, devices, internet connection, browser type, internet service provider and operating system. We process and analyze this information in order to build, run and continue to improve our Products and in order to better understand our customers’ needs. The information we collect through these tracking tools is statistical in nature, but may be aggregated with personal information in order to help us to deliver a more personalized website and Product, including by enabling us to estimate our audience size and use patterns, store information about your preferences to allow us to customize our website in accordance with your individual interests, speed up your searches and to recognize you when you return to our website.

The processes we use for automated data collection may include:

Cookies. Cookies are small data files that certain websites write to your hard drive when you visit them, and they record and store your information. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited. The LiveAction website may use cookies to collect this type of information to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information.

Web Beacons. Web beacons also known as pixel tags are electronic images, contained on a website that permit us to count users who have visited those pages, to determine the effectiveness of our communications (e.g., whether you opened an email), and for other website and marketing statistics.

Web Analytics. We also collect some information (ourselves or using third party services) using web analytic tools. We use third-party services that use tracking technologies to capture aggregate usage and volume statistics about online activities over time and across our and third party websites and other online services. We use Google Analytics to identify the frequency of use of certain areas of our website and to identify preferences. For more information regarding how Google collects, uses and shares your information, please visit https://policies.google.com/technologies/partner-sites. You can deactivate Google Analytics using a browser add-on if you do not wish the analysis to take place. You can download the add-on here: https://tools.google.com/dlpage/gaoptout?hl=en.

Social Media. We operate social media pages on third party networks and have social media icons on our website. When you visit or link to our social media pages, data is processed both by us and the applicable social media provider. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

Recordings. From time to time our interactions with you will be conducted over the telephone or video-conference, and such telephone calls and video conferences may be recorded.

3. How We Use Your Information.

LiveAction uses information that you share with us or that we collect about you, including personal information, for the following purposes:

• To provide you with the Products you have requested from us, respond to your concerns and inquiries, and to provide maintenance and support;
• To present our website and its contents to you and to personalize your experience on our website;
• To help maintain the safety, security, and integrity of our website, Products and services, databases and other technology assets, and business;
• For testing, research, analysis, and product development, including to develop and improve our website, products, and services;
• As described to you when collecting your personal information;
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about you is among the assets transferred;
• To keep you up to date on the latest Product announcements, software updates, special offers, changes to the website or other information we think you would like to hear about either from us or from our business partners — you may opt-out from receiving such communications by following the process described below;
• To understand and analyze the usage trends of you and other users of our Products;
• In anonymized form for internal purposes such as performing research and analysis and to provide reporting internally or externally;
• To allow you to purchase and download Products and participate in their interactive features, when you choose to do so;
• To better understand your needs and provide you with better Products;
• To carry out our obligations and enforce our rights from any contracts entered into between you and LiveAction such as our license agreements or terms of use, including communications related to payments and changes to our terms, conditions and policies;
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
• In any other way we describe to you at the time you provide the information or for which you have provided your consent; and for other legitimate business purposes.

The information you provide to LiveAction’s third party partners will also enable such partners to let us know that you have contacted them. Such communication information may be used to distribute information back to you about LiveAction.

If you are using our Product, we may from time to time send you certain communications such as service announcements or administrative messages. Such communications are part of the functionality of our Product. You can therefore not opt-out of receiving such Product communications.

4. Legal Grounds for Processing Your Information.

We rely on the following legal grounds to process your personal information:

Consent. Some uses of your personal data as described in this Privacy Policy are subject to your consent, such as marketing email communications and the use of non-necessary cookies.

Performance of a contract. We may need to collect and use your personal information to enter into a contract with you and to perform services and deliver Products that you request.

Legitimate Interests. We may use your personal information for our legitimate interests to provide our Products and to improve our services and the content contained thereon. We may use technical information as described in this Privacy Policy and use personal information for our marketing purposes consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable law.

Compliance with Legal Obligations. We may use your personal information as necessary to comply with our legal obligations.

5. Information sharing and disclosure.

LiveAction is a provider of services headquartered in the United States, and as such may need to share your personal information to other companies or people (within or outside your country of residence) to operate our business, including under the following circumstances: (i) to our subsidiaries and affiliated companies; (ii) to LiveAction’s authorized partners and resellers to fulfill any terms under your licensing relationship with us and to provide you with technical and customer support; (iii) to third parties who perform services on our behalf, including without limitation our technology providers, independent contractors, support providers, and professional advisors; (iv) when we have your consent to share the information; (v) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization or other sale or transfer of some or all of LiveAction’s assets; (vi) if we want to keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear about (unless you have opted out of these types of communications); (vii) to our job hosting provider(s) when you apply for a position at LiveAction; (viii) to apply or enforce our license agreement, terms of use and other agreements, including for billing and collection purposes; (ix) as needed with the marketing and sales tools we use; and (x) as specified in our Terms of Service and any contract between us and you or your employer as necessary to carry out our contractual obligations.

LiveAction reserves the right to disclose your personally identifiable information if required to do so by law, court order or legal process, including to respond to any government or regulatory request or in the good-faith belief that such action is reasonably necessary to (a) comply with legal process, (b) respond to any claims against LiveAction, or (c) to protect the rights, property or personal safety of LiveAction, its employees, its customers or the public — this includes exchanging information with companies and organizations for the purposes of fraud detection and credit risk reduction.

6. Choices About Our Communications With You.

We are excited about our Products and would like to tell you about updates and new features from time to time. In case you prefer not to receive such information from us or from third party partners we work with, we strive to give you choices regarding whether or not you are contacted with direct marketing or market research information from us. If you have provided personally identifiable information to LiveAction, we will provide you with an opportunity to limit promotional email communications from LiveAction by “opting-out” of receiving direct marketing or market research information. When applicable, we will provide you with the opportunity to “opt-in.” This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted.

Some non-marketing communications may not be subject to a general opt-out, such as communications about transactions, disclosures to comply with legal requirements, software updates and other support-related information.

7. Data Security and Retention.

We have implemented industry-standard safeguards designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any personal information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website or in our Product, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk.

We retain the personal information we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected and to perform our contractual and legal obligations. We will retain personal information required to comply with privacy requests, to manage active accounts, as required by law, in order to resolve disputes, or to enforce our agreements. We will retain the personal information we process on behalf of our users as directed by them. We may also retain copies of your personal information for disaster recovery purposes, to prevent fraud or future abuse, or for our legitimate business purposes.

8. Your Rights, Choices and Disclosures.

(a) General.
This section is subject to specific disclosures on privacy rights set forth below. We are committed to facilitating the exercise of your rights granted by the laws of your jurisdiction. Such rights generally include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale or sharing of your personal information (as applicable). Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority and the right to appeal our decision regarding a data access request. We will do our best to honor your requests subject to any legal and contractual obligations, or if we believe the change would violate any law or regulatory requirement, cause the information to be incorrect or impose an undue hardship on us due to technical requirements.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If you would like to make a request, contact us at [email protected] or submit the form located at https://liveaction.com/data-subject-request/. Section (b) below describes the rights of those individuals located in the European Union, the United Kingdom or another jurisdiction that has adopted laws substantially similar to the European Union’s General Data Protection Regulation (GDPR). Section (c) describes the rights of residents of California or another jurisdiction that has adopted laws substantially similar to the California Consumer Privacy Act.

(b) Your European Privacy Rights and Choices.
If you are located in the European Union, the United Kingdom or another jurisdiction that has adopted laws substantially similar to the European Union’s General Data Protection Regulation (GDPR), your privacy rights include the following:

• Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or need additional information you can contact us any time.
• Right of access, correction, restriction of processing, erasure. You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal and contractual obligations.
• Right to withdraw your consent at any time. When we process your personal data based on your consent, you have the right to withdraw it at any time.
• Right to object at any time. You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in commercial e-mails or by contacting us, as well as the right to object to any processing of your personal data based on your specific situation. In the latter case, we will assess your request and provide a reply in a timely manner, according to our legal and contractual obligations. Some non-marketing communications are not subject to a general opt-out, such as communications about transactions and disclosures to comply with legal requirements.
• Right to data portability. You have the right to data portability of your own personal data by contacting us.
• Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your personal data that may negatively impact you.
• Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according to the European Privacy regulation, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.

We endeavor to respond to a verifiable consumer request within thirty (30) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

(c) California Disclosures.
California Consumer Privacy Act Disclosures. If you are a resident of California or another state that has adopted laws substantially similar to the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”), you have the right to request:

• The categories of personal information (including sensitive personal information if applicable) we have collected about you;
• The categories of sources from which the personal information is collected;
• The business or commercial purpose of collecting, selling or sharing personal information;
• The categories of third parties with whom we share or sell personal information;
• The categories of personal information about you that we have disclosed for business purposes; and
• The specific pieces of personal information we have collected about you.

Additionally, you have the right:

• To know the length of time we retain your personal information;
• To request deletion of your personal information;
• To request the correction of any inaccurate data;
• To opt out of the sale or sharing of your information (if applicable);
• To limit the use of sensitive personal information (if applicable); and
• To not be discriminated against for exercising any of your CCPA/CPRA rights.

This Notice does not apply to employment-related personal information collected from our California-based employees; such information is provided separately in an employee handbook or other onboarding documentation.

We have collected the following categories of personal information within the last twelve (12) months:

Personal Information Category	Example	Source of Personal Information	Purpose for Collecting the Personal Information	To whom we disclose the Personal Information
Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers	Information you provide to us; Information we collect automatically; Information collected from third party providers.	See Sections 1, 2 and 3 above	See Section 5 above
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) and not otherwise addressed in this table	Signature, social security number, physical characteristics or description, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information	Information you provide to us	See Sections 1 and 3 above	See Section 5 above
Protected Classifications under California and federal law	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	Information you provide to us; Information collected from third party providers (such as our job application hosting providers).	See Sections 1 and 3 above	See Section 5 above
Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Biometric information	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	We do not collect this information
Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement	Information you provide to us; Information we collect automatically	See Sections 1, 2 and 3 above	See Section 5 above
Geolocation data that is sufficient to identify a precise physical location.	Physical location or movements.	We do not collect this information
Sensory data	Audio, electronic, visual, thermal, olfactory, or similar information.	We do not collect this Information.
Professional or employment-related information	Current or past job history or performance evaluations	Information you provide to us; Information collected from third party providers (such as our job application hosting providers).	See Sections 1 and 3 above	See Section 5 above
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	We do not collect this information.
Inferences are drawn from other personal information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	We do not collect this information.

Any sensitive data we collect is used only for a business purpose and not for the purposes of inferring characteristics of a consumer.

We do not sell or share personal information for monetary consideration. Personal data may be provided to our service providers, contractors and, pursuant to Sections 1798.140(ad)(2)(A) and 1798.140(ah)(2)(A) of the CCPA, to third parties. You may opt out of the use of cookies using your browser settings and opt out of the use of Google Analytics Cookies by downloading the browser add-on here: https://tools.google.com/dlpage/gaoptout?hl=en.

To exercise the rights described above, please submit a verifiable consumer request to us by emailing us at [email protected] or submit a request on our website form located at https://liveaction.com/data-subject-request/. We will ask for your name, email address and your country or state of residence. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

If the information we initially request from you is insufficient to verify your identity and assess your privacy request, we may need to ask for additional information. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.

California’s “Shine the Light” law. Civil Code Section § 1798.83 permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

California Do Not Track and Global Privacy Control Disclosures. We do not track our customers over time and across third party websites to provide targeted advertising on our website. Our website utilizes a tool designed to detect and honor Global Privacy Control signals from visitors to our website in a frictionless manner. If the website detects a Global Privacy Control signal, you will see a message stating so. The website will automatically opt you out of certain cookies depending on how you have set your signal. If the signal is set to “not to share or sell my data”, then you will be automatically opted out of all cookies except those that are strictly necessary. If the signal is set to “Do Not Track”, then you will be automatically opted out of targeting cookies. However, you will have the ability to override the automatic settings from your GPC signal via the cookie banner that is presented on the website.

9. Users Outside the United States.

LiveAction is headquartered in the United States. If you are an individual from the European Union, Canada or any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that we may store the information we collect in the United States which is not deemed an “adequate jurisdiction” by the European regulatory authorities. By visiting our website or using our Products, you are consenting to the transfer of your information from your jurisdiction to the United States.

10. Privacy Policy Changes.

We may update this Privacy Policy from time to time and without prior notice to you to reflect changes in our information practices, and any such amendments shall apply to information already collected and to be collected. Your continued use of our website or Products and services after any changes to our Privacy Policy indicates your agreement with the terms of the revised Privacy Policy. If we make material changes to this Privacy Policy, we will notify you here, by email or by means of a notice on our home page. The date of the last update of the Privacy Policy is indicated at the top of this Privacy Policy. We will also communicate changes as required by applicable law.

11. Contact Information.

If you have any questions or comments about this notice, please do not hesitate to contact us at Email: [email protected] or at the following postal addresses:

LiveAction, Inc
901 Campisi Way, Suite 222
Campbell, CA 95008

Alternatively, if you are in the UK or EU/EEA and would like to exercise your rights or have questions about our processing of personal data, you may contact our local representative for EU/EEA or the UK:

For the EU/EEA:
LiveAction France S.a.r.l.
1 Impasse Marcel Chalard
31100 Toulouse
France
[email protected]

For the UK:
LiveAction UK Limited
Suite 2, First Floor, Templeback
10 Temple Back, Bristol BS1 6FL
United Kingdom
[email protected]