Terms of Service

Effective January 1, 2020

Legal Agreement

This ngagge Terms of Service is a legal agreement between you and ngagge governing your use of the ngagge website and all of the products and services offered by ngagge.

Acceptance of Terms

By using the ngagge web site or the services provided thereon, you signify you have read and accepted these Terms of Service and agree to be, and are, bound by these Terms of Service, as well as any additional terms, specific to the particular services for which you register.

These Terms of Service may be updated from time to time. You acknowledge and agree that your continued use of the ngagge web site and services after any such update signifies your acceptance of such modified Terms of Service.

Permission to Use

You have our permission to use the service, but only if you are using the service for informational and internal business purposes personally or on behalf of your company and you follow all the rules and restrictions we've spelled out in these Terms

Termination and Suspension

We may terminate or suspend your permission to use the service immediately and without notice upon any violation of these Terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. Upon any termination we may delete the content you've generated and saved and may bar you from further use of the service. You understand that we may also continue to make your content available on the service even if your use of the service is terminated or suspended. You agree that we will have no liability to you or any third party for such deletion or continued use of your content or your access to the service

Use Restrictions

Discriminatory message content. You guarantee that the content of any message is not in any way in conflict with the fundamental human rights recognized in any national legislation and in the European Convention for the Protection of Human Rights and Fundamental Freedoms (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin.

Services. You agree not to sell or resell the services we provide,

Source code and Service. You agree not to copy the source code of the Service or its content, or reverse engineer (or make any attempt to discover the source code of the Service), disassemble, modify, decompile, alter, duplicate, or make copies of the Service, or the Site. Furthermore, you agree not to Modify or alter

End Users or Other Parties. You agree not to harass, threaten, embarrass or cause distress or discomfort to any End User, or any other individual or entity,

Access the Service. You agree not to access the Service by any means other than through the interfaces that are provided by ngagge,

Misrepresentation. You agree not to Impersonate any other person or entity, including without limitation any ngagge official, or misrepresent your affiliation with any other person or entity, or

Bulk Email. You agree not to send unsolicited bulk e-mail (spam) with a link to the Service (including chator tracking code) or the Site, or a link to a web site that contains a link to the Service or the Site.

ngagge logo. You agree not to remove or alter the ngagge logo from the chat buttons or windows or ngagge pages in any way, except if you have subscribed for the Add-On where we agree to replace our branding with yours on certain features of the service.

Data Loss

ngagge is not responsible for any of your data residing on Chat 24/7 Live's server, whether or not such information is produced through the use of the ngagge web site or services.You are responsible for backing-up your data and information that may reside on ngagge's servers.

Service Availability and Performance

As noted above under "Warranty Disclaimer", our service is provided on an "AS IS" and "AS AVAILABLE" basis.ngagge neither claims nor guarantees either availability or performance of this service. While ngagge makes every effort to deliver the message promptly, ngagge accepts no liability for transmission delays or message failures. You acknowledge that ngagge delivers the service via major telecommunications companies and mobile network providers and therefore is not responsible for failure, lack of availability, or interruption of service provided by those vendors. You agree that from time to time the ngagge web site and/or services may be inaccessible, unavailable or inoperable for any reason without notice, cost or liability.

Right to Discontinue Service

ngagge reserves the right to modify, alter, change, suspend, remove, enhance, supplement, disable access to, terminate or discontinue all or any portion of the ngagge web site and/or services at any time in its sole discretion for any reason, without notice, cost or liability. ngagge will not be liable to you or any third party as a result of such modification or discontinuation of the ngagge web site or services. The provisions of these Terms of Service will survive any termination of the ngagge web site or services provided pursuant to these Terms of Service.

User Name and Password

You are responsible for the privacy and storage of your username and password.You agree that all activities, which can be traced to your username and password are deemed as having been performed by you and are legally binding.

Data Processing Policy

ngagge's collection, usage and disclosure of personal information is governed by our Privacy Policy and International Data Transfer Policy.

By using ngagge, you acknowledge and agree that if you are established in the European Economic Area (EEA), you provide goods or services to customers in the EEA, or you are otherwise subject to the requirements of the EU General Data Protection Regulation (GDPR), ngagge's collection and use of personal information of any European residents is also subject to our International Data Transfer Policy.

Limitation of Liability

ngagge LIVE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT , INDIRECT, IDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO LOSS OF TIME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, CHANGES TO, INACCESSIBILITY OR INABILITY TO USE THE ngagge LIVE WEB SITE OR SERVICES, MESSAGE CONTENT SENT OR RECEIVED BY YOU OR YYOUR USERS, THE ngagge LIVE SOFTWARE, ANY DATA, OR PAID SEARCH ENGINE WEB SITE OR INTERFACE; OR THE

UNAUTHORIZED ACCESS TO, FAILURE, DELAY OR ALTERATION OF ANY DATA OR TRANSMISSION; ANY DATA STORED, SENT OR RECEIVED OR NOT STORED,SENT OR RECEIVED; ANY AGREEMENT OR TRANSACTION ENTERED INTO AS A RESULT OF YOUR USE OF THE ngagge LIVE WEB SITES OR SERVICES OR THROUGH THE ngagge LIVE WEB SITES AND SERVICES; ANY DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITES OR SERVICES WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ngagge LIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ngagge LIVE'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, WHICH IN NO EVENT SHALL BE GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH TERRITORIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF THE ngagge LIVE WEB SITES AND SERVICES.

Sole Remedy

If you do not agree with our Terms of Service or if you are not satisfied with our web site or any of the ngagge services, your sole remedy is to discontinue your use of the web site and services.

Indemnification

You agree to defend, indemnify, and hold harmless ngagge, their officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the ngagge website and services, your violation of these Terms of Service, or your violation of any laws, regulations, or third-party rights.

Intellectual Property

You acknowledge and agree that ngagge is the sole owner of the Service including without limitation, all applicable copyrights, patents, trademarks, and trade secrets, database rights, treaties, and all other intellectual property rights appurtenant thereto. Personally identifiable data collected by ngagge in the course of fulfilling its obligations under this Agreement shall be used by ngagge in accordance with the then-current ngagge Privacy Policy. You acknowledge that no title to the intellectual property in the Service transfers to you as a result of your use of the Service. You further acknowledge that title and full ownership rights to the Service will remain the exclusive property of ngagge and you will not acquire any rights to the Service except as expressly set forth herein. You are not permitted to disseminate any information that is made available to you, as a licensee of ngagge, including without limitation, login credentials. Any rights not expressly granted herein are reserved.

Furthermore, you agree that the ngagge Service & Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this

Agreement, ngagge grants to you a non-exclusive, non-transferable, limited license to use the Software and solely for the purpose of accessing and using the Service in accordance with these Terms.

Subscription Add-Ons

No refunds or credits for Subscription Add-On charges or other fees or payments will be provided to you if you elect to cancel an Add-On.Cancelling an Add-On may cause the loss of content, features, and data. You acknowledge that ngagge will not be liable for any such loss.

Cookie policy

Effective January 1, 2020

Purpose

This Cookie Policy explains how ngagge and its affiliates, use cookies and similar technologies to recognize you when you visit our websites.It explains what these technologies are and why we use them, as well as your rights to control our use of them.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website or mobile app. Cookies are widely used to facilitate the interaction between users, websites and mobile apps, well as to provide reporting information.

Cookies set by the website or mobile app owners are called "first party cookies". Cookies set by parties other than the website or mobile app owner are called "third party cookies".

Why do we use cookies?

We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our website and applications to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance .

the experience on our website and application. Third parties serve cookies through our website and applications for analytics and other purposes.

Our Website and App

Essential cookies: These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas.

Who serves: ngagge

How to refuse: Because these cookies are strictly necessary to deliver the Websites to you, you cannot refuse them.

How to refuse: Because these cookies are strictly necessary to deliver the Websites to you, you cannot refuse them.

You can block or delete them by changing your browser settings however, as described below under the heading "How can I control cookies?"

Performance and functionality cookies:These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable.

Who serves:ngagge

How to refuse:To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?"

Analytics and customization cookies:These cookies collect information that is used either to help us understand how our websites are being used, how effective are marketing campaigns are, or how customize our website to meet your needs.

Who serves:Google Analytics

How to refuse: To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?" or got to Google Analytics to opt-out.

Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

Who serves: Google AdWords Conversion,Google Dynamic Remarketing .

How to refuse: To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?" or got to Google Analytics to opt-out.

Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

Who serves: Google AdWords Conversion,Google Dynamic Remarketing .

How to refuse: To refuse these cookies, please follow the instructions below under the heading "How can I control cookies?" .

Alternatively, please click on the relevant opt-out link below: Google AdWords Conversion ,Google Dynamic Remarketing.

What about other tracking technologies, like web beacons?

Cookies are not the only way to recognise or track visitors to a website and/or mobile app and/or platform. We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Websites and/or App and/or platform. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

Do you use Flash cookies or Local Shared Objects?

Our websites and App may also use so-called "Flash Cookies to collect and store information about your use of our services, fraud prevention and for other site operations.

If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel . You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions there .

Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, .

including, potentially, Flash applications used in connection with our service and online content .

Do you serve targeted advertising?

Third parties may serve cookies on your computer or mobile device to serve advertising through our website and App. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other websites and mobile apps in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these.

How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links provided in the cookie table above. .

You can also set your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our websites and App though your access to some functionality and areas may be restricted .

Cookie Policy Updates

We may update this Cookie Policy from time to time. Please re-visit this Cookie Policy to stay informed about our use of cookies.

Cookie Policy Updates

If you have any questions about our use of cookies or other technologies, please email us at cookies@ngagge.com

Privacy Policy

Effective 2/1/21

1. PURPOSE AND SCOPE

1.1 At NGAGGE, we respect your privacy and data protection rights and recognize the importance of protecting the personal data we collect and process. This Privacy Policy is designed to help you to understand what personal data we collect about you and how we use and share it.

1.2 When we refer to NGAGGE, we mean NGAGGE LLC, a Florida Limited Liability Company and affiliates NGAGGEVIDEO,NGAGGELIVE,NGAGGEMETRICS with a registered address at 6231 PGA Blvd, Suite 104-178, Palm Beach Gardens, FL 33418 ("NGAGGE", "we", "us", "our").

1.3 This Privacy Policy applies to you if you:

  • interact with any of NGAGGE’s websites (including www.ngagge.com, NGAGGEVIDEO.com, NGAGGELIVE.com, and NGAGGEMETRICS.com) or our social media pages (collectively, the "Sites") ("website users");

  • attend an NGAGGE event or an event which NGAGGE sponsors ("event attendees");

  • use NGAGGE's communication and messaging products, customer workspaces, mobile applications, and our other applications and services (collectively, the "NGAGGE Services") ("customers");

  • are a marketing prospect, who is anyone whose data NGAGGE processes for the purposes of assessing customer eligibility ("marketing prospect"); or

  • receive marketing communications from NGAGGE.

1.4 For the purposes of the General Data Protection Regulation (or any successor or equivalent legislation in the UK) ("GDPR"), either NGAGGE LLC, I NGAGGEVIDEO,NGAGGELIVE,NGAGGEMETRICS any other NGAGGE company from time to time, is the controller of your personal data. Our Data Protection Officer can be contacted in writing at compliance@ngagge.com.

2. PERSONAL DATA COLLECTED BY NGAGGE

2.1 PERSONAL DATA WE COLLECT AND RECEIVE

The personal data that we collect about you broadly falls into the categories set out in the following table. Some of this information you provide voluntarily when you interact with NGAGGE, or when you attend an event. Other types of information may be collected automatically from your device, such as device data and service data. From time to time, we may also receive personal data about you from third party sources (as further described in the table).

We may collect the following personal data about:

  • our website users;

  • recipients of marketing communications; and

  • marketing prospects.

Registration, contact, and company information:

  • first and last names;

  • email addresses;

  • phone numbers;

  • avatars;

  • company name;/p>

  • your role in your company.

Device data:

  • operating system type and version number, manufacturer and model;

  • browser type;

  • screen resolution

  • IP address;

  • unique device identifiers.

Service data:

  • the website you visited before browsing to NGAGGE.com or affiliated websites;

  • how long you spent on a page or screen;

  • how you interact with our emails;

  • navigation paths between pages or screens;

  • date and time;

  • pages viewed;

  • ⦁ links clicked.

Third party source data:

  • profile information gathered from social networking sites;

  • information that you have viewed or interacted with our content;

  • company information;

  • job titles;

  • avatars;

  • email addresses;

  • phone numbers;

  • addresses;

  • geolocation data.

The sources of this third party personal data may include:

  • Contact enrichment and lead generation providers; and

  • Targeted online advertising providers

We may collect the following personal data about event attendees:

Registration, contact and personal information:

  • first and last names;

  • email addresses;

  • phone numbers;

  • mailing addresses;

  • company name;

  • your role in your company.

Visitation Data

  • time and date of arrival;

  • photograph ID;

  • signature;

  • CCTV footage.

Third party source data:

  • first and last names;

  • email addresses;

  • phone numbers;

  • mailing addresses;

  • company name;

  • your role in your company.

The sources of this third party personal data may include:

  • The event organizer

We may collect the following personal data about our customers and end-users (to the extent applicable):

Registration and contact information:

  • first and last names;

  • email addresses;

  • phone numbers;

  • mailing addresses;

  • company name;

  • your role in your company.

Device data:

  • operating system type and version number, manufacturer and model;

  • browser type and language;

  • screen resolution;

  • IP address;

  • unique device identifiers.

Service data:

  • the website you visited before browsing to the services;

  • how long you spent on a page or screen;

  • navigation paths between pages or screens;

  • session date and time; activity status (including first seen, last seen, last heard from - and last contacted);

  • pages viewed;

  • links clicked;

  • language preferences

  • tags applied within customer accounts

  • NGAGGE assigned user identifier.

Third party source data

  • profile information gathered from social networking sites;

  • information that you have viewed or interacted with our content;

  • company information;

  • job titles;

  • avatars;

  • email addresses;

  • phone number;

  • approximate geolocation data.

2.2 COOKIES AND OTHER TRACKING TECHNOLOGIES

Some device data, service data and third party source data is collected through the use of first or third party cookies and similar technologies. The NGAGGE live chat features does not collect, retain, or share data regarding a particular user's activity across multiple websites or applications that are not owned by NGAGGE. NGAGGE does assign each user a unique user ID within the scope of an individual website, but does not collect or retain IP or any information that would allow NGAGGE to identify the same particular user on more than one website. For more information, please see NGAGGE's Cookie Policy.

3. HOW AND WHY WE USE YOUR PERSONAL DATA

3.1 We collect and process your personal data for the following purposes and, if you are from the European Economic Area (EEA), the UK or Switzerland, on the following legal bases:

  • Providing and facilitating delivery of NGAGGE:

    We process your personal data to perform our contract with you for use of our services and to fulfill our obligations under applicable terms of service. Where we have not entered into a contract with you, we process your personal data in reliance on our legitimate interests to operate and administer NGAGGE. For example, to create, administer and manage your account.
  • Communicating with you about NGAGGE and providing customer support:

    We may send you service, technical and other administrative messages in reliance on our legitimate interests in administering NGAGGE. For example, we may send you messages about the availability or security of NGAGGE. We also process your personal data to respond to your comments and questions and to provide customer care and support.
  • Improving NGAGGE: We process your personal data to improve and optimize NGAGGE and to understand how you use NGAGGE, including to monitor usage or traffic patterns and to analyze trends and develop new products, services, features and functionality in reliance on our legitimate interests.

  • Sending marketing communications: We process your personal data to send you marketing communications via email, post or SMS about our products, services and upcoming events that might interest you in reliance on our legitimate interests or where we seek your consent. Please see the "Your Privacy Rights and Choices" section below to learn how you can control your marketing preferences.

  • Registering office visitors: We process your personal data for security reasons and for the purpose of hosting your visit to the extent such processing is necessary for our legitimate interests in protecting our premises and confidential information against unauthorized access and the safety of our staff and office visitors.

  • Managing event registrations and attendance: We process your personal data to plan and host events for which you have registered or that you attend, including sending related communications to you.

  • Maintaining security of NGAGGE: We process your personal data to control unauthorized use or abuse of NGAGGE, or otherwise detect, investigate or prevent activities that may violate NGAGGE policies or applicable laws, in reliance on our legitimate interests to maintain and promote the safety and security of NGAGGE.

  • Displaying personalized advertisements: We process your personal data to advertise to you and to provide personalized information, including by serving and managing advertisements on our Sites and on third party sites, in reliance on our legitimate interests to support our marketing activities and advertise our products and services or, where necessary, to the extent you have provided your consent.

  • Carrying out other legitimate business purposes: including invoicing, audits, fraud monitoring and prevention.

  • Complying with legal obligations: We process your personal data when cooperating or complying with public and government authorities, courts or regulators in accordance with our obligations under applicable laws and to protect against imminent harm to our rights, property or safety, or that of our users or the public, as required or permitted by law.

3.2 In certain circumstances, we may collect your personal data on a different legal basis. If we do, or if we use your personal data for purposes that are not compatible with, or are materially different than, the purposes described in this notice or the point of collection, we will explain how and why we use your personal data in a supplementary notice at or before the point of collection. Where we refer to legal bases in this section we mean the legal grounds on which organizations can rely when processing personal data.

3.3 Please note these legal bases only apply to you if you are resident in the EEA, the UK or Switzerland.

3.4 If you have any questions about our legal bases for processing your personal data, please contact us at compliance@ngagge.com.

4. SHARING YOUR PERSONAL DATA

4.1 We may disclose some or all of the personal data we collect to the following third parties:

To NGAGGE affiliated Companies:

  • NGAGGEVIDEO;

  • NGAGGELIVE;

  • NGAGGEMETRICS;

  • Any such other afilliated companies as may be added to this list from time to time.

Service Providers:

  • Consultants and vendors engaged by us to support our provision NGAGGE and the operation of our business;

  • Any such other Service Providers as may be added from time to time.

Advertising Partners:

  • Third party advertising companies may use cookies and similar technologies to collect information about your activity on NGAGGE and other online services over time to serve you online targeted advertisements.

Professional Advisors:

  • Professional advisors, such as lawyers, auditors and insurers, in the course of the professional services that they render to us.

Compliance with Law Enforcement:

  • Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;

  • Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);

  • Enforce the terms and conditions that govern the Services; and

  • Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

Business Transfers:

  • Parties to transactions or potential transactions (and their professional advisors) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business, assets, or equity interests of NGAGGE or its affiliates (including, as part of a bankruptcy or similar proceeding).

4.2 Aggregated or anonymized information. We may also share aggregated or anonymized information with third parties for other purposes. Such information does not identify you individually, but may include usage, viewing and technical information such as the websites you generally use, the configuration of your computer, and performance metrics related to the use of websites which we collect through our technology, products and services. If we are required under applicable law to treat such information as personal data, then we will only disclose it as described above. Otherwise, we may disclose such information for any reason.

4.3 Third party websites. The Sites may also contain links to third party websites. This Privacy Policy applies solely to information processed by us. You should contact the relevant third party websites for more information about how your personal data is processed by them.

Sharing Your Information with Third Parties

To Provide Certain Subscriber ServicesWe may share your personal information with third-party service providers to permit such parties to provide services that help us serve you, which may include assisting us with marketing, or providing, maintaining and improving the features and functionality of our Service. The data shared can include name, job title, email address, message history, company information. All third parties are engaged under contract and obliged to meet appropriate security requirements and comply with all applicable legislation.We may share your personal information with our business partners who offer a service to you jointly with us.

To Comply With Legal Requirements. We may share your personal information when reasonably necessary to satisfy any applicable law, regulation, legal process or enforceable governmental request, enforce our Terms of Service, including investigation of potential violations thereof, or protect against harm to our rights, property or safety, or that of our users or the public as required or permitted by law;

To Detect Fraud And Address Security Issues. We may share your personal information with third parties, including our service providers and government entities, to detect, prevent, or otherwise address fraud or security or technical issues;

When We Are Involved In A Corporate Business Transaction. We may share your personal information if we become involved in a merger, acquisition, or sale of some or all of our assets.

With Your Consent. We may share your personal information with a third party if we have your consent.

When The Information is Anonymous We may share information with third parties which does not identify you individually, but may include usage, viewing and technical information such as the features our subscribers their users and /or customers use, and performance metrics related to the use of our Service which we've collected. If we are required under applicable law to treat such information as personal information, then we will only disclose it as described above. Otherwise we may disclose such information for any reason.

5. RETENTION OF YOUR PERSONAL DATA

5.1 We retain your personal data only for as long as necessary to fulfill the purposes set out in this Privacy Policy. If you would like more information about specific retention periods please contact compliance@ngagge.com

5.2 Note that content you post may remain on the Sites even if you cease using the Sites or we terminate access to the Sites.

6. TRANSFERS OF YOUR PERSONAL DATA

6.1 NGAGGE and its affiliates are hosted in the United States. If you are located outside the United States, we may transfer, and process, your personal data outside of the country in which you are resident to our service providers located in India and other such countries as we deem appropriate from time to time. These countries may not have equivalent privacy and data protection laws (and, in some cases, may not be as protective). We will protect your personal data in accordance with this Privacy Policy wherever it is processed.

6.2 Certain recipients (our service providers and other companies) who process your personal data on our behalf may also transfer personal data outside the country in which you are resident. Where such transfers occur, we will make sure that an appropriate transfer agreement is put in place to protect your personal data.

6.3 If you are a resident of the EEA, the UK or Switzerland, we will protect your personal data when it is transferred outside of the EEA, the UK or Switzerland by processing it in a territory which the European Commission has determined provides an adequate level of protection for personal data; or otherwise ensuring appropriate safeguards are in place to protect your personal data. For transfers of your personal data to:

  • NGAGGE based in the US, following the invalidation of the Privacy Shield, we will rely on the Standard Contractual Clauses approved by the European Commission;

  • NGAGGE service providers based outside of the US, we will rely on Standard Contractual Clauses approved by the European Commission; and

  • Recipients who are located outside of the EEA, the UK or Switzerland, following the invalidation of the Privacy Shield we will rely on Standard Contractual Clauses.

In addition, while no longer relying on it to transfer personal information protected under European data protection laws to the US, NGAGGE has certified under the EU-US Privacy Shield and the Swiss-US Privacy Shield and continues to adhere to the relevant Privacy Shield Principles for all the personal information we receive from Europe.

6.4 If you would like to find out more about international transfers, please contact our Data Protection Officer at compliance@ngagge.com.

6.5 Notwithstanding the above, NGAGGE shall remain liable in cases of onward transfers to third parties.

7. PRIVACY SHIELD

NGAGGE. has certified its compliance with the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal data from the EEA, the UK and Switzerland. Although no longer relying on the Privacy Shield to validate its international transfers (see Section 6 above), NGAGGE continues to adhere to and commit to apply the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability. If there is any conflict between the terms of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. If there is any conflict between the Privacy Shield Principles and the Standard Contractual Clauses then the Standard Contractual Clauses shall govern.

For purposes of enforcing compliance with the Privacy Shield, we are subject to the investigatory and enforcement authority of the US Federal Trade Commission. Under certain circumstances, we may be required to disclose your personal data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: ⦁ https://www.privacyshield.gov. To review our certification on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at: https://www.privacyshield.gov/list and search for "NGAGGE".

In compliance with the Privacy Shield Principles, NGAGGE. commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact NGAGGE at compliance@ngagge.com.

NGAGGE has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact the Data Protection Commission. You can register a complaint at www.dataprotection.ie.

You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with us and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. To find out more about the Privacy Shield's binding arbitration scheme please see www.privacyshield.gov/article?id=My-Rights-under-Privacy-Shield.

8. HOW WE STORE AND SAFEGUARD PERSONAL DATA

We care about protecting personal data. That is why we put in place appropriate measures that are designed to secure your personal data. You can find out more about our technical and organizational safeguards on our Security page: https://www.ngagge.com/terms.

9. YOUR PRIVACY RIGHTS AND CHOICES

9.1 Depending on your location and subject to applicable laws, you may have certain data protection rights. If you are a resident of the EEA or the UK you have the following data protection rights:

  • If you wish to access, correct, update or request deletion of your personal data, you can do so at any time.

  • You can object to processing of your personal data, ask us to restrict processing of your personal data or request portability of your personal data.

  • You have the right to opt-out of marketing communications we send you at any time. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by clicking on the "unsubscribe" or "opt-out" link in the communications we send you. Please note, however, that it may not be possible to opt-out of certain service-related communications. You can let us know at any time if you do not wish to receive marketing messages by contacting us on NGAGGE chat or by contacting us using the contact details below.

  • Similarly, if we have collected and process your personal data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

  • You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA and the UK are available ⦁ here.

9.2 You can exercise any of these rights by submitting a request to our Data Protection Officer at compliance@ngagge.com.

9.3 If you are a California resident, you can find information about how we use your personal data and about your privacy rights in Section 12 of this notice. 9.4 You can also exercise control over the following uses of your information:

  • Opt-Outs. We will provide you with an opportunity to opt-out of having personal data used for certain purposes when we ask for this information. If you decide to opt-out, we may not be able to provide certain features of our offerings. You can revoke your consent at any point by contacting us on NGAGGE chat or by contacting us in writing on compliance@ngagge.com.

10. CHILDREN'S PRIVACY

Our Services and Sites are not intended for use by anyone under the age of 16. NGAGGE does not knowingly collect personal information from anyone under the age of 16. If you are under 16, you may not attempt to register for our Services or send any information about yourself to us, including your name, address, telephone number, or email address. If we become aware that we have collected personal information from someone under the age of 16 without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under 16 and believe that a child has provided us with their personal information, please contact us at the email or mailing address provided at the end of this Privacy Policy.

11. CHANGES TO THIS NOTICE AND QUESTIONS

11.1 We may amend this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update it, we will take appropriate measures to inform you, consistent with the significance of the changes we make. If we make material updates to this Privacy Policy we will update the effective date at the top of the Privacy Policy. If you have any questions, comments or concerns about the way your personal data is being used or processed by NGAGGE, please submit any questions, comments or concerns in writing to request to our Data Protection Officer at compliance@ngagge.com.

12. COLLECTION AND USE OF PERSONAL DATA OF CALIFORNIA RESIDENTS

This Section 12 describes how NGAGGE collects, uses and shares Personal Information of California residents in our capacity as a "business" under the California Consumer Privacy Act of 2018 ("CCPA"), and their rights under the CCPA.

12.1 SCOPE

This Section 12 applies only if you are a California resident. For purposes of this section, "Personal Information" has the meaning given in the California Consumer Privacy Act ("CCPA").

  • information exempted from the scope of the CCPA;

  • information collected in a business-to-business context, namely, where the information reflects our communications or transactions with you in the context of performing due diligence on, providing services to, or receiving services from, a company, partnership, sole proprietorship, non-profit or government agency where you are an employee, controlling owner, director, officer or contractor of that organization;

  • activities governed by a different privacy notice, such as notices we give to California personnel or job candidates; or

  • Personal Information we collect, use, and share on behalf of our customers as a "service provider" under the CCPA.

12.2 YOUR CALIFORNIA PRIVACY RIGHTS

You have the following rights:

  • Right to Know Information You can request the following information about how we have collected and used your Personal Information during the past 12 months:

    • The categories of Personal Information we have collected.

    • The categories of sources from which we collected the Personal Information.

    • The business or commercial purpose for collecting and/or selling Personal Information.

    • The categories of third parties with whom we share the Personal Information.

    • The categories of Personal Information that we sold or disclosed for a business purpose.

    • The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.

  • Right to Know - Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.

  • Right to Deletion. You can ask us to delete the Personal Information that we have collected from you.

  • Right to Opt-Out. You have the right to opt-out of any "sale" of your Personal Information as defined in the CCPA.

  • Right to Nondiscrimination. You are entitled to exercise the rights described above free from discrimination prohibited by the CCPA.

12.3 HOW TO EXERCISE YOUR RIGHTS

We will need to verify your identity to process your information, access, and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require you to log into an NGAGGE online account (if applicable), provide government identification, give a declaration as to your identity under penalty of perjury, and/or provide additional information. These rights are not absolute, and in some instances, we may decline your request as permitted by law.

Your authorized agent may make a request on your behalf upon our verification of the agent's identity and our receipt of a copy of the valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity and provide us with written confirmation that you have given the authorized agent permission to submit the request.

12.4 PERSONAL INFORMATION THAT WE COLLECT, USE AND DISCLOSE

  • The categories of Personal Information we collect are described below by reference to the statutory categories of Personal Information specified in the CCPA (California Civil Code section 1798.140):

    • Identifiers (excluding online identifiers), such as first and last names, email addresses, phone numbers, avatars, company name, your role in your company, social media profile information; photo ID that you provide if we ask you to verify your identity; and document signatures.

    • Commercial information, such as records of your transactions with us and services considered.

    • Financial information, such as your credit card information, billing and mailing address and other payment-related information.

    • Online identifiers, such as operating system type and version number, manufacturer and model; browser type; screen resolution; IP address; unique device identifiers; and NGAGGE-assigned user identifiers.

    • Internet or network information, such as the website you visited before browsing to the NGAGGE services; how long you spent on a page or screen; navigation paths between pages or screens; session date and time; activity status (including first seen, last seen, last heard from and last contacted); pages viewed; links clicked; language preferences; tags applied within customer accounts; and other information about your interaction with our sites and services, including the information described in our Cookie Policy.

    • Geolocation data, the approximate location associated with your IP address.

    • Professional or employment information, such as your job title and organizational affiliation.

    • California Customer Records (listed in California Civil Code section 1798.80), such as the Professional or employment information, Financial information, Commercial information and Identifiers listed above.

    • Sensory information, such as photos you choose to submit in our services and security camera footage captured in our offices.

    • Inferences drawn from any of the above information to create a profile reflecting your preferences, characteristics, and behavior.

  • The sources from which we collect these categories of Personal Information are described in Section 2 entitled Personal Data Collected by NGAGGE. The business/commercial purposes for which we use these categories of Personal Information are described in Section 3 entitled How and Why We Use Your Personal Data. The categories of third parties with which we share these categories of Personal Information, including for business purposes, are described in Section 4 entitled Sharing Your Personal Data.

  • We do not sell your personal information in the conventional sense. However, like many companies, we use advertising services that try to tailor online ads to your interests based on information collected via cookies and similar technologies about your activity on ours and other online services. This is called interest-based advertising. The CCPA’s statutory definition of the term "sale" is broad and may include use of interest-based advertising services. You will need to set that preference from each device and each web browser from which you wish to opt-out. Some of these features use cookies to apply your preferences, so if you clear all cookies from your browser, you will need to re-set your settings

  • The above summary of how we collect, use and share Personal Information describes our practices currently and for the 12 months preceding the effective date of this Notice.

Security Policy

Effective January 1, 2020

Overview

This ngagge Security Policy describes the organizational and technical measures ngagge implements to prevent unauthorized access, use, alteration or disclosure of subscriber data.

Incident Response

ngagge will promptly notify you in writing upon verification of a security breach that affects your data. Notification will describe the breach and the status of ngagge's investigation.

Data Transmission

SSL / TLS encryption. All data transmitted between your ngagge's Chat App and our server are protected with SSL and TLS encryption. SSL and TLS are the security technologies used to establish an encrypted link between a web server and a browser. This encrypted link ensures that all data passed between a web server and browser remains private. SSL and TLS are industry standards used by millions of websites to protect the privacy of online transactions.

Encryption test and rating. SSL Labs assesses the security strength of websites and online applications (domains). Our website and service scores an "A" rating on SSL Labs' tests.

Firewall. As another layer of security, your ngagge's Chat App employs a firewall which receives SSL and TLS encrypted data, filters that data according to preset security standards then sends the filtered data to our server

International data transfers. All service data is stored in the United States. However both personal and non-personal data may be transferred from sources within the EU including Switzerland to our servers in the United States. For more information to how this information is protected see our International Date Transfer Policy.

This Policy sets out the privacy principles we follow with respect to transfers of personal data from the European Economic Area ("EEA") and Switzerland to the United States, including personal data we receive from individuals residing in the EEA or Switzerland who visit our web and mobile sites or apps and who use our service.

ngagge has certified adherence to and commits to apply the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use and retention of this data.

For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: https://www.privacyshield.gov .

Data Storage and backup

Hosting. Our service is hosted in AWS facilities in the USA and protected by AWS security, as described at http://aws.amazon.com/security/sharing-the-security-responsibility and http://aws.amazon.com/security.

Additional security through use of VPC. All of our servers are within our own virtual private cloud (VPC) with network access control lists (ACL's) that prevent unauthorized requests getting to our network.

Data backup. We use AWS S3/Glacier for data backup and storage of service data.

Server audits. We audit server security through AWS, our hosting provider. Information about AWS security certifications and obtaining copies of security reports from AWS are available at http://aws.amazon.com/compliance/pci-data-privacy-protection-hipaa-soc-fedramp-faqs/

ngagge Service

Separate accounts.Our service code is designed to ensure data privacy and to prevent one subscriber from accessing another subscriber's data. Through separate accounts with unique IDs and login credentials.

Password security. You have the ability to enhance your live chat account security by designating password, length, complexity, change frequency and the number of login attempts before "Captcha" verification is required.

2 factor login verification. You also have the ability to select 2 factor login verification to prevent login identity theft.

When We Are Involved In A Corporate Business Transaction. We may share your personal information if we become involved in a merger, acquisition, or sale of some or all of our assets.

Permissions. You can limit personnel access to customer data and other security sensitive features and information through permissions.

Credit card processing. All payment processing is done through Stripe, a third party payment processor. Payment data is collect by a Stripe form and sent directly to Stripe's servers. We do not receive or store any payment processing data on our server. For more information on Stripe's security practices, please see https://stripe.com/docs/security/stripe

Patient healthcare information. AWS servers are HIPAA compliant. Therefore you are able to accept this type information through our service.

Access logs. With respect to our service, we produce audit logs for all activity.

Company Operation

Privacy Policy. The privacy of your data is of the utmost importance tongagge. We do not share, sell, or trade our subscriber information with third parties. See our Privacy Policy.

Confidentiality Agreements. Confidentiality Agreements.

Database access limitations Access to our database is granted only to a limited number of IT employees who need to work with subscriber data or our hosted server.

Subscriber Responsibilities

Account Management. You are responsible for managing your own user accounts and roles from within the ngagge service.

Password Security. You are responsible for protecting your own account and user credentials by using two-factor authentication and strong passwords for all those accessing your ngagge account.

Compliance.You are responsible for compliance with the Terms of Service and all applicable laws.

Notification of Security Issues123412.You are responsible for promptly notifying ngagge if your, or a user of yours, personal information has been compromised or if you suspect possible suspicious activities that could negatively impact security of the ngagge service or your account.

Testing Permission. You may not perform any security penetration tests or security assessment activities without the express advance written consent of ngagge.

Third Parties

Effective January 1, 2020

Data Sub-processors

ngaggeprocesses personal data and also engages certain sub-processors that may process personal data submitted to ngagge's service.

Sub-processor List

  • Amazon Web Services, Inc. Hosting and storage (USA)
  • Mailchimp, Inc, Bulk mail processing (USA)
  • Jitsi Meet, Video conference provider (USA)
  • Microsoft Azure, Translation services (USA)
  • Stripe, Inc. Payment processor (USA

Updates

This list may be updated by ngagge from time to time