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WhatsApp Business  - Privacy Policy and Terms of Service

Effective date: 09/05/2024

 

Part A: Introduction

WhatsApp Business Integration is a service owned by LiveChat Integrations that allows you to connect LiveChat with your WhatsApp Business Account. To provide this service, LiveChat Integrations is partnering with Kaleyra, a WhatsApp Business solution provider, which you need to accept as well to be able to use the service fully.

 

Inside WhatsApp Business integration, there are prepaid conversation packages, a service that allows you to buy conversation packages and spend them sending one-on-one or bulk messages to your customers.

 

These Terms apply to any account with the WhatsApp Business application installed on LiveChat.

 

Please read these Terms carefully before using WhatsApp Business Integration and Prepaid conversation packages. By adding the WhatsApp Business application to LiveChat, you agree to follow these Terms for as long as the application is installed in LiveChat.

If you have any questions about these Terms, feel free to contact us.

 

Part B: Term

When you sign up for an account and agree to these Terms, the Agreement between you and LiveChat Integrations is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a WhatsApp Business integration installed or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

 

Part C: Payment Terms

You understand and agree:

  1. When you sign up to WhatsApp Business integration, you agree to monthly (or annualy) recurring billing, starting on the date you sign up for WhatsApp Business integration. The final account will depend on the number of WhatsApp numbers you connect to the integration.

  2. Prepaid conversation packages are a one-time direct payment, paid in advance for a selected amount of conversations (100, 500 or 1000 conversations package)

  3. The cost for your prepaid package will be detailed on your bill and will be viewable in your account.

  4. In case you won’t use your conversations in a given month, they will be transferred to the following month, up until (A) they are used completely, (B) you uninstall WhatsApp Business integration, © you uninstall LiveChat

  5. If you choose to uninstall WhatsApp Business integration or LiveChat, you will immediately lose access to all bought and remaining conversations

  6. You agree to pay for your connected WhatsApp numbers and Prepaid conversation packages and you authorize LiveChat Integrations to charge your payment method on file with us for all amounts owed associated with your WhatsApp numbers and Prepaid conversation packages use.

 

Part D: Compliance with WhatsApp Terms and Statutory Law

 

  1. You hereby warrant and represent to use the WhatsApp Business integration strictly in accordance with the applicable WhatsApp Business Solution Terms https://www.whatsapp.com/legal/business-solution-terms,
    as well as all other applicable WhatsApp terms, guidelines, and policies, most importantly:
    https://www.whatsapp.com/legal#terms-of-service,
    https://www.whatsapp.com/policies/business-policy,
    https://www.whatsapp.com/policies/commerce-policy/,
    https://www.whatsapp.com/privacy and
    https://www.whatsapp.com/legal/#privacy-policy , altogether the “WhatsApp Terms”.

  2. You acknowledge and agree that WhatsApp may modify the WhatsApp Terms and/or release additional terms, guidelines, and policies, and upon their release, such additional terms, guidelines, and policies shall become part of the WhatsApp Terms.

  3. You will use the Service to provide its Customers with WhatsApp messages for Customer care and relations purposes.

  4. You assume full responsibility for the text, links, numbers and in general of the Content of the WhatsApp messages sent through the Service.

  5. You warrant and undertake that it will (i) use the Service for lawful purposes and comply with all laws and regulations of the Customers’ countries relating to the sending and Contents of its WhatsApp messages (including but not limited to, according to countries, the obligations on specific days and times for sending WhatsApp messages, Customer’s pre-contractual information, prohibition over Contents, respect of law and order); (ii) obtain and maintain all necessary permits, consents, authorisations or certifications for sending the WhatsApp messages and the Contents (including, without limitation, those from Customers, owners of database, copyrights or performing rights organisations) and that the Contents does not infringe the intellectual property or other rights of any person; (iii) provide promptly any information relating to the Contents, reasonably requested by any network operator and/or legal, governmental, regulatory or statutory authority; and (iv) immediately comply with such directions as may be issued from time to time by a network operator and/or legal, regulatory, governmental and/or statutory authority in relation to the Contents and will fully cooperate with Kaleyra’s request for assistance in conforming the Service to any new requirements or determinations.

  6. You acknowledge that the following Meta terms and conditions apply, that they’re periodically updated by Meta, and that they can be consulted online at the URL below. You acknowledge in particular that, among other Meta provisions, the use of the Service for gaming activities is forbidden and that the Service reselling is prohibited. You furthermore agree that these additional terms are deemed incorporated into the Contract by reference https://www.whatsapp.com/legal/meta-terms-whatsapp-business?fbclid=IwAR2sf3RTiQmgpbOvPRCQ7fwhpmxRRC-lKg2RskCKNrR6WQTBfpYw2nouSp4.

 

Part E: Loss of Access to Conversations

You will immediately lose access to Conversations if any of the following happens:

  1. You cancel or close your WhatsApp Business account;

  2. You cancel or close your LiveChat account;

  3. LiveChat suspends, cancels, terminates, or closes your account for any reason.

Part F: Important Things for You to Know

You understand and agree:

  1. LiveChat Integrations may modify the terms of the WhatsApp Business integration plans and prepaid conversations offering or cancel, terminate, disable, or discontinue its availability at any time.

  2. LiveChat Integrations may refuse service or limit, suspend, or terminate your access to your WhatsApp Business integration and prepaid conversations at any time, with or without cause.

  3. It is your responsibility to consult with a legal advisor to ensure your use of WhatsApp conversations complies with all applicable laws.

  4. If required in the countries or jurisdictions where you are sending WhatsApp Messages, you represent that you will provide recipients with a method to contact you to opt out of receiving future communications. Furthermore, you agree to honor any opt-out request you may receive from any recipients from receiving future WhatsApp messages.

 

Part G: Record Retention

LiveChat Integrations' current policy is not to retain any messages and limit solely to metadata, like API calls, API events, IDs, and phone numbers. However, WE DO NOT GUARANTEE RETENTION OF ANY information. If you want to retain information about your messages, then you are responsible for transferring and saving that data on your own.

PART H: 14-day money-back guarantee

For new customers only, the first number you add to WhatsApp via LiveChat is covered by a 14-day money-back guarantee for the plans you've purchased with LiveChat Integrations. The following conditions apply:

  1. You have to contact us at contact@livechat-integrations.com within the first 14 days after you purchase the plan to get a refund

  2. Refund only applies to plans (Starter / Standard / Full) and does not apply to prepaid conversation packages (see Part C)

  3. Refund covers only the first WhatsApp number added and is limited to just once per Business.

PART I: Other Refunds

You won’t be entitled to other refunds or credits from us under any circumstance. However, at our sole discretion, we may offer a refund, discount, or credit.

Part J: Compliance with Laws and LiveChat Integrations and Meta Terms

You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Service, including the WhatsApp Business application, are suitable for you in light of such laws, rules, and regulations. Your use of the WhatsApp Business application, including the content of any messages you might create, is subject to review by LiveChat Integrations and Meta. If you do not comply with our Terms that apply to your LiveChat Integrations account, then any of the following actions may be taken as determined in our sole discretion:(1) Meta or we may revoke your ability to send WhatsApp Messages; and/or (3) Meta or we may suspend or terminate your account.

 

Part K: Limits on Liability and Indemnification

Notwithstanding anything to the contrary, the total liability of LiveChat Integrations and our third-party providers, licensors, distributors, or suppliers to you for all claims arising out of or relating to your use of the WhatsApp Business application or these Terms shall be limited to no more than the amount that you paid us for the WhatsApp Business application the preceding month. NEITHER LIVECHAT INTEGRATIONS NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, DATA, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS ). NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE WHATSAPP BUSINESS APPLICATION IS PROVIDED AS-IS, WITHOUT ANY WARRANTIES WHATSOEVER.

We and our Team aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration. 

 

Part L: Privacy Policy


1. Introduction

These Privacy Policy (“Privacy Policy”) apply to the use of the website and products provided by LiveChat Integrations (hereinafter also referred as “we” or “us”). Our registered office is at HIACYNTOWA 14, 55-095 MIRKÓW, registered no.: 0001013695.

This Privacy Policy applies and has effect in respect of all services and other products, software, made available by us, as well as any other online features relating to the website and its content (the “Service(s)”).

 

If you have any questions or comments about this Privacy Policy, please contact us at contact@livechat-integrations.com.

 

We are committed to protecting and respecting your privacy. The Privacy Policy explains the basis on which personal information we collect from you will be processed by us or on our behalf. Where we decide the purpose or means for which personal data you supply through these Services is processed, we are the “controller”. Where you decide the purpose or means for which personal data you supply through these Services is processed, you are the “controller”. We will comply with proper and applicable data protection laws, including the General Data Protection Regulation 2016/679.

 

We encourage you to read this Privacy Policy carefully as it contains important information about the following:

  • What information we may collect about you;

  • How we will use the information we collect about you;

  • Whether we will disclose your details to anyone else; and

  • Your choices and rights regarding the personal information you have provided to us.
     

The Services may contain links to services owned and operated by third parties. We may also use some third-parties software or products to provide you with the Service properly. If we do so and provide third -parties of any personal data you can be sure the transfer is legal and secured. These third-party services may have their own privacy policies and we recommend that you review them. They will govern the use of personal information that you submit or which is collected by cookies and other tracking technologies whilst using these services. We do not accept any responsibility or liability for the privacy practices of such third-party services, and your use of these is at your own risk.

 

We may make changes to this Privacy Policy in the future. You should check this page from time to time to ensure you are aware of any changes. Where appropriate, we may notify you of such changes.

2. Information we may collect about you

We collect and process the following information, which may include your personal data.

 

Your name, last name, email address, phone number, contact data, device’s ID, your user preferences as well as all the data (including personal data) you supply to us and information provided by you when using the Service or website.

 

3. Collecting, processing, and using personal data

We only store and process your personal data when you have voluntarily supplied us with it, such as by filling in a contact form or signing up for the Service. Your personal data will only be disclosed or otherwise transmitted if this is necessary to implement the contract, render our Services or you have given your prior consent.

Since we use LiveChat, Inc.’s Services you may be interested in reviewing their privacy policy available under the following links: LiveChat`s privacy policy: https://www.livechat.com/legal/privacy-policy/

4. Why we collect information about you - the purpose of processing

 

We will use information about you to deliver our Services to you under the terms of use agreed between us. The processing of information in this way is necessary for us to provide you with the Service properly and to ensure the features function properly so that you have the best service possible.

 

5. Cookies and Web Beacons

 

We use cookies to make the use of our website easier for you. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.Cookies may be opt-out by you and in case you do not accept cookies, this may lead to a limitation of functionality.

6. Log files

 

​During every access of our website user data is transmitted by the respective Internet browser and stored in protocol files, the so-called server log files. The datasets stored here may contain such data as date and time of access, name website, IP address, referrer URL (original URL from which you arrived at the website), the amount of data transmitted, product and version information of the browser used.

7. Geo-location data

 

​In case geo-location is opt-in by you, please be aware we may have access to your geo-location data as we collect and process IP address of all devices using our Services. Collecting and processing your geo-location data refers to mobile devices as well as computers.

 
8. Children personal data

 

We do not collect personal information from anyone under the age of 13. If you notice we collect and process personal data of anyone under this age, please contact us. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal information through the websites or Services.

 

9. Data sharing

 

We will share your information (including personal data) with third parties only in the ways that are described in this Privacy Policy.

 

Personnel, suppliers or subcontractors: We keep your information confidential, but may disclose it to our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it.

 

Required by law: In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights.

 

​10. Data transmission

 

​Your data is transmitted safely by using encryption. We secure our website and other systems with technical and organizational measures against the loss, destruction, access, change or dissemination of your data by unauthorized persons.

 

11. Your rights

 

You have the following rights over the way your personal data are processed.

 

To make a request, please let us know by sending an email to contact@livechat-integrations.com.

 

a) You have the right to request a copy of the personal information we process about you and to have any inaccuracies corrected.

 

b) You can ask for supplying, correcting or deleting personal information held about you.

 

c) You can ask us to restrict, stop processing, or to delete your personal data.

 

d) You can withdraw your consent to process data.

 

e) Obtain a copy of your personal data, which you can use with another service provider

 

f) Make a complaint to a Supervisory Authority.

 

12. Changes to this privacy policy

 

This Privacy Policy may be updated from time to time. We encourage you to review this website for the latest information on our privacy practices. If there are any material changes to this Privacy Policy, you will be notified by posting a notice on the website prior to the change becoming effective. If you do not accept any changes made to this Privacy Policy, please discontinue the use of the application and the Services. 

Part M: Miscellaneous

  1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Poland with the UN Convention on Contracts for the International Sale of Goods and conflicts-of-laws rules being excluded.

  2. The place of performance and venue is Wrocław, Poland. However, LiveChat Integrations reserves the right to use any other legally admissible venue.

  3. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to applicable laws, then the remaining provisions of this Agreement, if capable of substantial performance, shall remain in full force and effect.

History of changes

The ToS version that is effective for customers who started using the service before 09/05/2024 is available here.

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