1. Introduction
SpatialChat Ltd. provides a software as a service-based online video communication platform that enables you to host online events, online classes, conferences and even parties via the SpatialChat website https://spatial.chat (the “Website”). At SpatialChat, we want to give you the best possible experience to ensure that you enjoy our service. Your privacy and the security of your personal data is, and will always be, of great importance for us.
This SpatialChat Privacy Policy applies to your use of our Website, and any other websites, applications, or services provided, owned, or operated by SpatialChat that links to this Privacy Policy. We want to transparently explain how and why we gather, store, share and use your personal data - as well as outline the controls and choices you have over your personal data.
Storage and access to cookies that are set in connection with the SpatialChat Services are governed by the SpatialChat Cookie Policy (“Cookie Policy”).
By visiting https://spatial.chat, setting up your account with us, or using SpatialChat Services, you are accepting the practices described in this Privacy Policy. We may modify this Privacy Policy from time to time. We will post any modified version of our Privacy Policy at https://spatialchat.notion.site/Privacy-Policy-8eec0246a387410084f5962a18b7ec4c. If such changes might materially affect the way we use or disclose your personal data, we will provide you with notice by email or other methods. We encourage you to look for updates and changes to this Privacy Policy by checking this date when you access our website. Your continued use of the website and our Services after we have posted changes to this Privacy Policy or notified you, if applicable, is deemed to be your acceptance of those changes.
2. Key Definitions
- “Customer” means any user of the SpatialChat Services.
- “European Data Protection Law” means the General Data Protection Regulation (EU) 2016/679 (GDPR) and applicable national legislation implementing the GDPR.
- “Personal data” refers to any information relating to an identified or identifiable individual in the meaning of:
2.1. The European Data Protection Law, for individuals (“Data Subjects”) in the European Economic Area (EEA) and the United Kingdom (UK) or when the European Data Protection Law otherwise applies;
2.2. For individuals residing in the State of California, the California Consumer Privacy Act 2018 (CCPA);
2.3. For individuals residing in other jurisdictions, the applicable legislation on personal data protection (e.g., LGPD - Lei Geral de Protecao de Dados in Brazil).
- “Privacy Policy” refers to this Privacy Policy.
- “SpatialChat”, “we”, “us” and/or “our” refers to SpatialChat.
- “Services” refers to our software as a service-based online video communication platform that enables you to host online events, online classes, conferences and even parties.
- “You” and “your” refers to the individual to whom personal data covered by this Privacy Policy relates.
3. Identifying the Data Controller and Data Processor
In general, Customer is the controller of customer data and SpatialChat is the processor of customer data and the controller of other information.
4. Information we collect
When you interact with us through the Services, we may collect information from you, as further described below. We have set out in the table below the categories of personal data we collect and use about you and how we collect it:
Categories
Description of category
4.1. Customer’s data - Information provided directly by you.
Account registration. We collect information from you when you voluntarily provide such information, such as when you register for access to the Services or use certain Services. Information we collect may include but not limited to Name, Last Name, Username, email address, and any messages, images, transient VOIP data (to enable communication deliver only).
Communication with SpatialChat. We collect information from you when you voluntarily give us when you contact us with inquiries (including by filling out relevant forms on our Website), engage with our chat bot on the Website, contact our customer support regarding a problem you are experiencing with the Services or otherwise contact us regarding the Website or the Services.
Identity Verification. In some cases (for example if you request a refund) we may ask you to provide us information such as your billing information (name, transaction ID, last 4 digits of the credit card associated with the account, billing date, etc.), email address, login name, and if needed, information that verifies your identity, in accordance with applicable law.
Use of our blog (
https://blog.spatial.chat), announcement kit (
Link). If you use our blog, sign up for announcements, we may ask you to provide us with some information (such as your name, email address or other information).
Testimonials. We collect and display personal testimonials of satisfied customers and user of the Services in addition to other endorsements. With your consent, we may post your testimonial, along with your name, on the Services. If you wish to update or delete your testimonial, you can contact us at privacy@spatial.chat
4.2. Information received from third-parties
Authentication partners. If you register for or log into our Services using third-party credentials (e.g., Gmail), we will import your information from such third party to help create your account with us.
Payment partners. If you choose to pay for a service by invoice, we may receive data from our payment partners to enable us to send you invoices, process your payment and provide you with what you’ve purchased.
4.3. Information we collect automatically
When you interact with us through the Services, we receive and store certain information such as an IP address, device ID, and your activities within the Services. We may store such information or such information may be included in databases owned and maintained by affiliates, or service providers.We may track your activities using cookies and similar technologies. For more information on our use of cookies and similar technologies, and your choices with respect to such use, please refer to our
Cookie Policy.
4.4. Aggregated Information
In an ongoing effort to better understand and serve the users of the Services, we may conduct research on our customer demographics, interests and behavior based on the information collected. This research may be compiled and analyzed on an aggregate basis. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Description of why SpatialChat processes your personal data (‘processing purpose’)
Legal Basis for the processing purpose
Categories of personal data used by SpatialChat for the processing purpose
To provide the Services and related support, process transactions, manage your user account and respond to your requests
- Performance of a contract;
- Legitimate interest;
- Consent
- User data;
- Plan verification data;
- Voice data;
- Usage data;
- Payment and Purchase data
To understand, diagnose, troubleshoot, and fix issues with the SpatialChat Services
- Performance of a contract;
- Legitimate interest
To evaluate and develop new features, technologies, and improvements to the SpatialChat Services
- Legitimate interest;
- Consent
- User data;
- Voice data;
- Usage data
For marketing, promotion, and advertising purposes
- Legitimate interest;
- Consent
- User data;
- Voice data;
- Usage data
Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service
- Performance of a contract;
- Legitimate interest;
- Compliance with legal obligations
- User data;
- Plan verification data;
- Voice data;
- Usage data;
- Payment and Purchase data
To comply with legal obligations and law enforcement requests
- Legitimate interest;
- Compliance with legal obligations
- User data;
- Plan verification data;
- Voice data;
- Usage data;
- Payment and Purchase data
To fulfill contractual obligations with third parties, for example licensing agreements and to take appropriate action with respect to reports of intellectual property infringement and inappropriate content.
- User data;
- Usage data;
- Payment data
To establish, exercise, or defend legal claims
- User data;
- Plan verification data;
- Voice data;
- Usage data;
- Payment data
To process your payment
- Performance of a contract;
- Compliance with legal obligations
- User data;
- Plan verification data;
- Payment data
6. How we share and disclose personal data
SpatialChat is not in the business of selling your personal data. We consider your personal data to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your information with certain third parties, as set forth below.
Your Instruction: We may transfer and disclose your personal data in accordance with your instructions and with appropriate consent, including any applicable terms in the agreement and your use of Services functionality and in compliance with applicable law and legal process.
Legal Requirements: We may disclose your personal data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of SpatialChat or related companies, (iii) protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
Third-Party Service Providers and Partners: We may engage third-party companies or individuals as service providers or business partners to process Information and support our business. This includes helping us in hosting, maintenance, backup, storage, virtual infrastructure, payment processing, fraud detection, marketing, and analysis. Third-party service providers may have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes. All our service providers must meet our security and privacy standards before they gain access to any of your personal data.
Forums: Information you contribute to blogs, forums, and related discussion areas – along with your profile information – may be publicly available.
Business Transfers: As we develop our business, we might get involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, sale of all or a portion of our assets, or transition of a service to another provider. In the event of such a transaction or similar event, your information may be part of the transferred assets. You will be notified via email and/or a prominent notice on the Services if a transaction takes place, as well as any choices you may have regarding your personal data.
Aggregated or De-identified Data: We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.
To enforce our rights, prevent fraud, and for safety: To protect and defend the rights, property or safety of SpatialChat, its users, or third parties, including enforcing its contracts or policies, or in connection with investigating and preventing illegal activity, fraud, or security issues, including to prevent death or imminent bodily harm.
Consent: We may share your personal data with third parties when we have your consent to do so.
7. Data Retention and Deletion
We keep your personal data only as long as necessary to provide you with the SpatialChat Services and for legitimate and essential business purposes, such as maintaining the performance of the SpatialChat Services, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We may retain logs of automatically collected information (for internal analytics and security purposes).
If you request, we will delete or anonymize your personal data so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data, including situations such as the following:
- If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
- Where we need to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
- Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
8. Data Transfers
We may share your personal data globally in order to carry out the activities specified in this Privacy Policy. For instance, some of the third parties to whom we may subcontract processing to, or share your personal data with, are based in other countries that may have laws that are different, and potentially not as protective, as the laws of your country of residence.
When we share personal data of our users with such third parties, we shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, we use of European Commission-approved Standard Contractual Data Protection Clauses, or other appropriate legal mechanisms to safeguard the transfer.
For further details of the security measures, we use to protect your personal data, please see Section 9 below ‘Security’.
8.1. Service Providers
Google Analytics (Google LLC)
Analytics is a web analysis service provided by Google LLC (“Google”). Google utilizes the Data collected to track and examine the use of SpatialChat, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Place of processing: United States – Privacy Policy supported by Data Protection Addendum including Standard Contractual Clauses (SCCs) (reference: https://privacy.google.com/businesses/compliance)
Amplitude (Sonalight, Inc.)
Amplitude is an analytics service provided by Sonalight, Inc.
This service is designed for mobile apps analytics and can collect various information about the User’s device, highlighted in the Amplitude privacy policy.
Place of processing: United States – Privacy Policy supported by Standard Contractual Clauses (SCCs) (reference: https://amplitude.com/amplitude-security-and-privacy/privacy).
Amazon Web Services (AWS) (Amazon Web Services, Inc.)
Amazon Web Services (AWS) is a hosting and backend service provided by Amazon Web Services, Inc.
Place of processing: United States – Privacy Policy supported by Data Protection Addendum including Standard Contractual Clauses (reference: https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf)
Heroku (Salesforce.com, inc.)
Heroku is a hosting service provided by Salesforce.com, inc.
Place of processing: European Union – Privacy Policy supported by Data Protection Addendum including Standard Contractual Clauses (reference: https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Agreements/data-processing-addendum.pdf)
Sentry (Functional Software, Inc.)
Sentry is a monitoring service provided by Functional Software, Inc.
Place of processing: United States – Privacy Policy supported by Data Protection Addendum including Standard Contractual Clauses (reference: https://sentry.io/legal/dpa/2.0.0).
Twilio (Twilio, Inc.)
Twilio is a phone numbers management and communication service provided by Twilio, Inc.
Place of processing: United States – Privacy Policy supported by Data Protection Addendum including Standard Contractual Clauses (reference: https://www.twilio.com/blog/ensuring-continuity-eu-us-data-transfers).
Sendgrid (Sendgrid)
Sendgrid is an email address management and message sending service provided by Sendgrid Inc.
Place of processing: United States – Privacy Policy supported by Data Protection Addendum including Standard Contractual Clauses (reference: https://sendgrid.com/blog/how-the-recent-privacy-shield-ruling-impacts-twilio-sendgrid-users).
Zendesk (Zendesk, Inc.)
Zendesk is a support and contact request management service provided by Zendesk Inc.
Place of processing: United States – Privacy Policy supported by Data Protection Addendum including Standard Contractual Clauses (reference: www.zendesk.com/company/privacy-and-data-protection).
Google Tag Manager (Google LLC)
Google Tag Manager is a tag management service provided by Google LLC.
Place of processing: United States – Privacy Policy supported by Data Protection Addendum including Standard Contractual Clauses (SCCs) (reference: https://privacy.google.com/businesses/compliance).
Pipedrive (Pipedrive OÜ)
Pipedrive is a user database management service provided by Pipedrive OÜ.
Place of processing: Estonia – Privacy Policy.
Payment service provider
Unless otherwise specified, SpatialChat processes any payments by credit card, bank transfer or other means via external payment service providers. In general, and unless where otherwise stated, Users are requested to provide their payment details and personal information directly to such payment service providers. SpatialChat is not involved in the collection and processing of such information: instead, it will only receive a notification by the relevant payment service provider as to whether payment has been successfully completed.
Stripe (Stripe Inc)
Stripe is a payment service provided by Stripe Inc.
Place of processing: United States – Privacy Policy supported by Standard Contractual Clauses (SCCs) (reference: https://stripe.com/en-cy/privacy#international-data-transfers
9. Security
SpatialChat works hard to protect Personal Data you provide us from loss, misuse, and unauthorized access or disclosure. We implement appropriate technical and organizational measures to help protect the security of your personal data; we have implemented various policies including pseudonymization, encryption, access, and retention policies to guard against unauthorized access and unnecessary retention of personal data in our systems.
Despite these efforts, no information system can be fully secure or error free, so we cannot guarantee the absolute security of your personal dat. Users also play an important role in keeping their data safe. You should take special care when disclosing any information via the Internet. When you click a link to a third-party site, you will be leaving our site and we don’t control or endorse what is on third-party sites.
Your password protects your user account, so we encourage you to use a strong password that is unique to your SpatialChat account, never share your password with anyone, limit access to your computer and browser, and log out after having used the SpatialChat Services.
10. Your Data Rights and Choices
No matter where you are, we treat all our users equally, and so we are making the following options, as available and except as limited under applicable law, to control your data available to all users, regardless of their location.
As the data subject you have:
- the right of access – the right to be informed of, and request access to, the personal data we process about you;
- the right to rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete. If your personal data has been shared with others, we will tell them about the correction where possible;
- the right to erasure – the right to request that we delete your personal data. If we shared your data with others, we will alert them to the need for erasure where possible;
- the right to restriction of processing – the right to request that we temporarily or permanently stop processing all or some of your personal data. If we shared your personal data with others, we will tell them about the restriction where possible;
- the right to data portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service;
- the right to object – the right, at any time, to object to us processing your personal data on grounds relating to your particular situation; the right to object to your personal data being processed for direct marketing purposes;
- the right to withdraw consent – the right to withdraw your consent given to us for personal data processing at any time, but this will not affect any processing of your data that has already taken place;
- the right not be subject to automated decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect;
- the right to make a complaint with the data protection authority – the right to report to the data protection authority in case you have a concern about our privacy practices, including the way we handled your personal data.
At any time, you may exercise your rights as described here by sending an email to privacy@spatial.chat. In the email, please provide specific details about the right you are exercising. Once we receive the communication, we will respond as quickly as possible and without delay. Depending on the request, it might take us some time to respond, but we will endeavor to do so within 30 days of receiving your request.
11. Links to other websites
This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated, controlled or owned by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse of have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
12. Children’s Privacy
We do not knowingly collect personal information from individuals who are under the minimum required ages specified herein. You must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater, to use our Services. Individuals under the applicable age may use our Services only through a parent or legal guardians’ account with their involvement. If you are a parent or legal guardian who believes your child has provided personal information to SpatialChat without your consent, you ask us to delete such information by contacting us at privacy@spatial.chat
13. Changes to this Privacy Policy
We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the SpatialChat website, by sending you an email and/or by some other means. Please note that if you’ve opted out of receiving legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.
14. Data Protection Authority
Subject to applicable law, you have the right to lodge a complaint with your local data protection authority of the Cypriot Data Protection Authority, which is SpatialChat’s lead supervisory authority in the European Union.
You may direct questions or complaints to our lead supervisory authority: The Office of the Commissioner for Personal Data Protection
Office address:
Iasonos 1, 1082 Nicosia, Cyprus
Postal address
P.O.Box 23378, 1682 Nicosia, Cyprus
Tel: +357 22818456
Fax: +357 22304565
Email: commissionerdataprotection.gov.cy
15. Contacting Us
If you have any questions, comments, or concerns relating to the SpatialChat Services or this Privacy Policy, please send an email to privacy@spatial.chat or write to us at:SpatialChat Ltd.224 Arch. Makariou III Avenue,Achilleos Building, office 51,3030 Limassol, CyprusAttention of Legal Counsel
