Last Updated: September 11, 2024
This Privacy Notice (“Notice”) applies to the processing of personal information by ElizaChat Inc. (“ElizaChat” “we” “us” or “our”) including on our mobile application, our website available at https://www.elizachat.com/, and our other online or offline offerings which link to or are otherwise subject to this Privacy Notice (collectively the “Services”).
For information on our processing of “consumer health data” that is subject to the Washington My Health My Data Act or Nevada Senate Bill 370, please see Annex B – Supplemental Consumer Health Data Privacy Notice.
We may update this Privacy Notice from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Privacy Notice on our website and/or we may also send other communications.
We collect personal information that you provide to us, personal information we collect automatically when you use the Services, and personal information from third-party sources as described below.
We may collect personal information that you provide to us.
We may collect personal information automatically when you use the Services.
We may collect personal information about you from third parties. For example, if you access the Services using a Third-Party Service (defined below), we may collect personal information about you from that Third-Party Service that you have made available via your privacy settings. In addition, users of the Services may upload or otherwise provide personal information about others.
We use personal information for a variety of business purposes, including to provide the Services, for administrative purposes, and to provide you with marketing materials as described below.
We use personal information to fulfill our contract with you and provide the Services, such as:
Our Services are enabled by machine-learning tools fundamental to our ability to provide real-time engagement, inform treatment approaches, and track progress. These machine-learning tools process natural language communications to support user experience and outcomes.
We use personal information for various administrative purposes, such as:
We may use personal information to tailor and provide you with marketing and other content. We may provide you with these materials as permitted by applicable law.
California Shine the Light: If you are a California resident, you may annually submit a request to us to find out whether we have shared your personal information with third parties for the third parties’ direct marketing purposes. If you would like to submit such a request, please "Contact Us" below.
If you have any questions about our marketing practices, you may contact us at any time as set forth in "Contact Us" below.
We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information with your consent or as otherwise directed by you.
We may engage in automated decision making, including profiling. ElizaChat’s processing of your personal information will not result in a decision based solely on automated processing that has a legal or other similarly significant effect on you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to engage in such automated decision making.
If you have any questions about our automated decision making, you may contact us as set forth in "Contact Us" below.
We disclose personal information to third parties for a variety of business purposes, including to provide the Services, to protect us or others, or in the event of a major business transaction, such as a merger, sale, or asset transfer as described below.
We may disclose any of the personal information we collect to the categories of third parties described below.
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal information may be disclosed, sold, or transferred as part of such a transaction.
Your Privacy Choices. The privacy choices you may have about your personal information are described below.
Cookies: You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, the Services may not work properly.
Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt- out of certain tracking on some mobile applications by following the instructions for Android, iOS, and others.
The online advertising industry also provides mechanisms that may allow you to opt out of receiving targeted ads from organizations that participate in self-regulatory programs. To learn more, visit the Network Advertising Initiative, the Digital Advertising Alliance, and the European Digital Advertising Alliance.
Please note you must separately opt out in each browser and on each device.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
If you would like to exercise any of these rights, please contact us as set forth in "Contact Us" below. We will process such requests in accordance with applicable laws. Only you, or someone legally authorized to act on your behalf in certain jurisdictions, may make a request to exercise the rights listed above regarding your personal information. If your personal information is subject to a law that allows an authorized agent to act on your behalf in exercising your privacy rights and you wish to designate an authorized agent, please provide written authorization signed by you and your designated agent using the information found in "Contact Us" below and ask us for additional instructions.
To protect your privacy, we will take steps to verify your identity before fulfilling requests submitted under applicable privacy laws. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Examples of our verification process may include asking you to confirm the email address we have associated with you.
Some laws may allow you to appeal our decision if we decline to process your request. If applicable laws grant you an appeal right, and you would like to appeal our decision with respect to your request, you may do so by informing us of this and providing us with information supporting your appeal.
All personal information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to the United States or other countries, which may have data protection laws that are different from the laws where you live.
Under the Family Educational Rights and Privacy Act (“FERPA”) ElizaChat acts as a “school official” with “legitimate educational interests” and contractually relies upon educational institution customers to obtain parental/guardian consent if required. More generally, ElizaChat has processes and procedures in place to protect the personal information of children under 13 years old as detailed herein. We do not use student educational recores for any purpose other than to provide Services in accordance with our contractual agreements with our educational institution customers, our Terms of Service, and this Privacy Notice. ElizaChat does not own or control student educational records, which belong to the student and/or the educational institution customers (including schools, school districts, and higher education institutions) contracting with us to provide access to our Services.
Consent to Collect, Use, or Disclose Personally Identifiable Information from Children Under 13. Children under 13 may only use ElizaChat Services with the prior consent of a parent/legal guardian or educational institution acting on behalf of the child’s parent/legal guardian. We will not collect, use, or disclose any personal information from children under 13 without such consent. Educational institutions may consent to the collection, use, or disclosure of personal information from children under 13 by agreeing to purchase/distribute our Services.
Personal information from Children Under 13 Provided to ElizaChat. With appropriate parental/legal guardian consent obtained by the educational instutition customer, Services may collect the following additional categories of personal information from children under 13: information provided via educational instutition customers or through use of Services such as assessment data, conduct or behavior data, demographic data, enrollment data, contact information, course schedule data, online communications, student identifiers (e.g., school ID number), student-generated content.
Our educational institution customers may share personal information of students with educators as needed for educational purposes. ElizaChat does not control and is not responsible for this type of sharing. If you are a parent/legal guardian and have questions about this, please contact the appropriate educational institution.
ElizaChat does not share personal information from children under 13 for advertising or marketing purposes not related to legitimate educational interests.
Parental/Guardian Rights. For ElizaChat Services provided to educational institutions, the collection, maintenance, and use of personal information from children under 13 is controlled by the educational institution contracting with us for the Services. If you are a parent/legal guardian and have questions regarding personal information collected from your child as a part of their educational institution’s use of our Services, including your rights to review, delete, and refuse further collection of such information from your child, please contact the appropriate educational institution. ElizaChat cannot delete such information unless authorized by your child’s educational institution.
If you are a parent or guardian and believe your child has uploaded personal information to the Services in violation of applicable law, you may contact us as described in "Contact Us" below.
The Services may contain links to other websites/applications, and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
ElizaChat is the controller of the personal information we process under this Privacy Notice.
If you have any questions about our privacy practices or this Privacy Notice or to exercise your rights as detailed in this Privacy Notice, please contact us at: contact@elizachat.com.
This Supplemental U.S. Privacy Notice supplements our Privacy Notice and only applies to our processing of personal information from U.S. consumers residing in a state with a comprehensive privacy law.
At or before the time of collection, U.S. consumers residing in a state with a comprehensive privacy law have a right to receive notice of our privacy practices. Such consumers can find this information below.
We collect personal information you provide to us, collected automatically when you use the Services, and from third-party sources.
We may use and disclose the personal information that we collect for the following business and commercial purposes:
ElizaChat only uses and discloses sensitive personal information for the following purposes:
U.S. consumers residing in a state with a comprehensive privacy law may have the right to limit certain uses and disclosures of “sensitive personal information” by ElizaChat. Such consumers may exercise these rights by following the instructions on that page or by emailing us at: contact@elizachat.com.
This Supplemental Consumer Health Data Privacy Statement ("Consumer Health Data Privacy Statement") supplements ElizaChat’s Privacy Notice.
This Supplemental Consumer Health Data Privacy Statement only applies to personal information that we process that is “consumer health data” subject to the Washington My Health My Data Act ("MHMDA") or Nevada Senate Bill 370 ("NV SB 370") (as applicable).
Terms used in this Supplemental Consumer Health Data Privacy Statement that are defined in MHMDA or NV SB 370 will have the meaning set forth in those laws to the extent such laws are applicable.
Under the MHMDA, “consumer health data” is defined as “personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status.”
Under NV SB 370, “consumer health data” is defined as “personally identifiable information that is linked or reasonably capable of being linked to a consumer and that a regulated entity uses to identify the past, present or future health status of the consumer.”
Because consumer health data is defined very broadly, many of the categories of personal information that we collect under our Privacy Notice may also be considered consumer health data.
Examples of consumer health data that you may provide to us or that we may otherwise collect may include:
We collect consumer health data that you provide to us, consumer health data we collect automatically when you use the Services, and consumer health data from third-party sources as described in our Privacy Notice and below.
We collect and use consumer health data for the purposes and in the manner described in the “How We Use Personal Information” section of our Privacy Notice.
Primarily, we collect and use consumer health data as reasonably necessary to provide you with the products or Services you have requested or authorized. This may include delivering and operating the products or Services and their features, personalization of certain product or Services features, ensuring the secure and reliable operation of the products or Services and the systems that support them, troubleshooting and improving the products and Services, and other essential business operations that support the provision of the products and Services (such as analyzing our performance and meeting our legal obligations).
We may also use consumer health data for other purposes for which we give you choices and/or obtain your consent as required by law.
We may share each of the categories of consumer health data described above for the purposes described above and in the “How We Use Personal Information” section of our Privacy Notice.
In particular, we may share consumer health data, with your consent or as reasonably necessary to complete any transaction or provide any product or Service you have requested or authorized, as described above.
We only share or disclose your Consumer Health Data as needed to provide you with the products or services that you request, or with your explicit consent. We may share or disclose any or all the above categories of Consumer Health Data to the following entities, who shall use the data only as permitted for the purposes set forth above, and within the bounds of our contracts with them:
These general categories of third parties:
In addition, we may share or disclose Consumer Health Data as permitted or required by law, such as (i) to an acquiring organization if we are involved in a sale or a transfer of our business, (ii) as needed to prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, (iii) in situations that may involve violations of our terms of use or other rules, (iv) to protect our rights and the rights and safety of others, (v) as needed to support external auditing, compliance and corporate governance functions, (vi) as needed to preserve the integrity or security of our systems, or (vii) to investigate, report, or prosecute those responsible for any action that is illegal under applicable state or Federal law.
MHMDA and NV SB 370 provide consumers with certain rights with respect to consumer health data.
Under MHMDA, consumers have the right to: (i) confirm whether ElizaChat is collecting, sharing, or selling consumer health data and to access such data; (ii) withdraw consent from ElizaChat’s collection and sharing of consumer health data; and (iii) request ElizaChat delete consumer health data.
Under NV SB 370, consumers have the right to: (i) confirm whether ElizaChat is collecting, sharing or selling consumer health data; (ii) have ElizaChat provide the consumer with a list of all third parties with whom ElizaChat has shared consumer health data relating to the consumer or to whom ElizaChat has sold such consumer health data; (iii) request that ElizaChat cease collecting, sharing, or selling consumer health data relating to the consumer; and (iv) request that ElizaChat delete consumer health data.
The rights afforded to consumers under MHMDA and NV SB 370 are subject to certain exceptions.
Subject to certain legal limitations and exceptions, you have the following rights with respect to any Consumer Health Data we may collect about you:
You may submit a request pursuant to any of these rights by contacting us at contact@elizachat.com.
We will not discriminate against you for exercising any of your rights. We will make reasonable efforts to respond promptly to your requests in accordance with applicable laws. Please allow 45 days for a response. We may, after receiving your request, require additional information from you to authenticate your request and verify your identity. Please be aware that we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so.
If we deny your request, you have the right to appeal that denial by completing and submitting this online form or by contacting us contact@elizachat.com. We will process and respond to your appeal within the time permitted by applicable law. If you are a Washington resident and your appeal is unsuccessful, you may file a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.
You can request to exercise such rights by following the instructions found under the “Your Privacy Choices and Rights” section of our Privacy Notice.
If your request to exercise a right under MHMDA or NV SB 370 is denied, you may appeal that decision by contacting us at contact@elizachat.com.
If your appeal is unsuccessful and your consumer health data is subject to MHMDA, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.
This section only applies to our processing of consumer health data that is subject to NV SB 370.
We do not allow third parties to collect consumer health data over time and across different Internet websites or online services when the consumer uses any Internet website or online service of ElizaChat.
Nonetheless, please note that third parties may still be able to collect consumer health data from you over time and across different websites depending on your browser, browser add-ons, and associated permissions you set on your device.
This collection of consumer health data by those third parties is unrelated to ElizaChat’s collection of consumer health data from you, and we encourage you to view those third parties’ privacy statements for more information about their processing of consumer health data and the methods they provide to allow you to opt out of such processing.
This Supplement applies to Nevada consumers for purposes of providing additional disclosures required by Nevada's Consumer Health Data Privacy Law. We collect, use, process, and share Consumer Health Data for the purposes and manners described above in our Consumer Health Data Privacy Notice.
Third Party Collection of Consumer Health Data on ElizaChat Websites. We limit third party collection of Consumer Health Data over time and across different Internet websites or online services when Nevada consumers use our websites or online services. We do this by disabling certain cookies or by ensuring that entities whose cookies, web beacons, pixels, and other online trackers we use on our websites and online services are our service providers or processors under applicable U.S. state privacy or consumer health data privacy laws. Nonetheless, please note that other third parties may still be able to process Consumer Health Data from you over time and across different websites depending on your browser, browser settings and add-ons, and associated permissions you have set on your device. This collection of Consumer Health Data by those third parties is unrelated to ElizaChat processing of Consumer Health Data from you, and we encourage you to review your browser settings and review those third parties’ privacy notices for more information about their Consumer Health Data practices.
Review and Revision of Consumer Health Data. If you would like to review and/or revise your Consumer Health Data, you may submit a request to us via any of the methods listed in this Notice.
We may update this Supplemental Consumer Health Data Privacy Statement from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Supplemental Consumer Health Data Privacy Statement on our website and/or we may also send other communications.
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