Privacy

Privacy Policy of Drive Chat Pty Ltd
 
1. Introduction
 
Drive Chat Pty Ltd (“DC”, “we”, “us”, “our”) respects your privacy and is committed to protecting the personal information you provide to us. This Privacy Policy outlines how we collect, store, use, and disclose your personal information, in accordance with the Australian Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and, where applicable, the General Data Protection Regulation (GDPR).
 
This policy applies to all personal information collected through our website, services, live chat operations, and other interactions with clients and end users. It does not cover external websites or third-party services linked from our website. We recommend you review those third parties’ privacy policies separately.
 
2. What Information We Collect
 
We only collect personal information necessary for the delivery of our services, including:
 
– Name and contact details (email, phone number)
– Business or enquiry details submitted through chat or forms
– IP address, browser type, and activity data from website visits
– Communications via email, chat, or integrations
– Client account and billing contact details
 
We do not collect sensitive personal information (such as health, financial, or religious data) unless required by law or expressly provided by you.
 
3. How We Collect Information
 
We collect personal information in the following ways:
 
– When you submit information via our website, chat services, email, or forms
– When you use our services and software
– From cookies and analytics tools (e.g., Google Analytics)
– From third-party platforms that integrate with our services
– Through correspondence and customer service enquiries
 
Information may also be collected on behalf of our clients during managed chat interactions. In these cases, we act as a Data Processor and the client is the Data Controller, as defined under the GDPR.
4. How We Use Your Information
 
We use your personal information for purposes including:
 
– Delivering and managing our services
– Communicating with you about enquiries or support requests
– Improving our service quality, security, and performance
– Meeting legal obligations and contractual commitments
– Sending service updates, system notifications, or administrative messages
 
We do not sell or rent your personal information. We do not use your data for profiling or automated decision-making.
 
5. Legal Basis for Processing (GDPR)
 
Where the GDPR applies, we process personal data on the following bases:
 
– Consent – when you voluntarily submit your information
– Contract – to fulfil our obligations under service agreements
– Legal obligation – to comply with applicable laws or court orders
– Legitimate interests – to manage and improve our services and business operations
6. Data Retention
 
We retain personal information only as long as necessary for business, legal, and service-related purposes. You may request deletion or access at any time (see Section 10).
 
Retention Periods:

Data Type

Retention Period

Chat Transcripts

60 days (default) 

Client Contact Data  

2 years post termination

Billing and Account Records

7 years (legal requirement)

Marketing Consent Logs

Until consent is withdrawn

7. Disclosure of Information to Third Parties
 
We may disclose personal information to:
 
– Our employees, agents, service providers, or partners assisting in service delivery
– Hosting, chat, email, or CRM platforms (e.g., Zendesk, SnapEngage)
– Legal or regulatory authorities if required by law or court order
– Successors in the event of a business restructure, merger, or sale
 
All third-party service providers are bound by confidentiality obligations and data protection agreements. DC does not authorise them to use your data for any other purpose.
 
We may transfer data outside Australia, including to the USA, UK, and the Philippines. Where required, we use appropriate safeguards such as Standard Contractual Clauses to ensure data protection is maintained.
8. International Transfers and GDPR Compliance
 
If you are located in the European Economic Area (EEA), we ensure that your personal data transferred outside the EEA receives adequate protection. Transfers are made only to countries with approved adequacy decisions or through GDPR-compliant mechanisms such as SCCs.
 
DC has appointed a representative in the European Union in accordance with Article 27 of the GDPR. Contact details are available on request.
 
9. Cookies and Website Analytics
 
We use cookies to improve website functionality and user experience. Cookies may collect anonymous data about browsing behaviour and may be used by third-party services (e.g., Google Ads) to serve targeted ads.
 
Most browsers allow you to manage cookie settings. Blocking cookies may affect site functionality.
 
We use Google Analytics to gather anonymous website usage data. Google Analytics does not allow us to identify individual users. More info is available at: https://policies.google.com/privacy
10. Data Access, Correction, and Deletion
 
You have the right to access or request correction or deletion of your personal information at any time. You may also object to or restrict the processing of your data in certain circumstances.
 
Requests should be sent to: [email protected]
 
We will respond within 30 days. We may decline access if permitted by law (e.g., where providing access would compromise the privacy of others).
 
Where GDPR applies, you may also:
 
– Request data portability
– Withdraw consent (where processing is based on consent)
– Lodge a complaint with your local data protection authority
11. Security of Your Information
 
We take reasonable steps to protect your personal information from misuse, interference, loss, and unauthorised access or disclosure.
Security measures include
– Secure servers and encrypted data transmission
– Access controls and internal policies
– Regular audits of systems and data handling practices
 
However, no system is 100% secure. While we take all reasonable steps to protect your information, DC cannot be held liable for unauthorised access, data loss, or breaches caused by events outside our control, including cyberattacks, third-party failures, or human error. By using our services, you acknowledge and accept these inherent risks.
12. Live Chat Services and Transcript Storage
 
If you use our live chat services (hosted on client websites or ours), the content of those chats may be stored securely by us or our service providers. We retain chat transcripts for up to 60 days unless agreed otherwise. Data is processed in compliance with the Privacy Act and GDPR, where applicable.
We use:
 
– SnapEngage for live chat delivery (privacy: https://help.snapengage.com)
– Zendesk for CRM and transcript handling (privacy: https://www.zendesk.com/company/customers-partners/eu-data-protection)
DC does not guarantee the successful delivery, receipt, or retrieval of live chat transcripts, lead emails, or integrated data via third-party tools or APIs. Clients are responsible for verifying delivery and maintaining operational systems. Service functionality may depend on external or client-side systems beyond our control.
13. Your Responsibilities
 
As a client or user of our service, you are responsible for:
 
– Ensuring accuracy of information you provide
– Keeping contact and integration details up to date
– Notifying us promptly of any data access or deletion requests you receive that relate to DC-processed data
– Using our services in accordance with our Acceptable Use Policy and Terms of Service
 
14. Complaints and Contact
 
If you have a privacy complaint or concern, please contact us first so we can resolve the issue:
 
Drive Chat Pty Ltd 
Suite 305, 75 Tulip Street 
Cheltenham VIC 3192, Australia 
Email: [email protected] 
Tel: 1800 548 324
If you are not satisfied with our response, you may contact:
 
– Office of the Australian Information Commissioner (OAIC) – www.oaic.gov.au 
– Information Commissioner’s Office (ICO) – UK and EU data subjects – www.ico.org.uk
 
15. Changes to This Policy
 
We may update this Privacy Policy from time to time. The current version will always be available at: www.livechatmonitoring.com/privacy-policy
 
Continued use of our services after any change constitutes acceptance of the updated policy.
16. Governing Law
 
This Privacy Policy is governed by the laws of Victoria, Australia. Any disputes arising under this policy shall be subject to the exclusive jurisdiction of the courts of Victoria.
 
 
By using our services or submitting personal information to us, you agree to the terms of this Privacy Policy.
 
Last Updated: 8th April 2025