Datenschutz- und Sicherheitsrichtlinie

Introduction

This Privacy Policy covers the information we collect about you when you use our website(s), including www.egain.com (collectively, “Site”), platform products or services owned and operated by eGain (“eGain Offerings”), or otherwise interact with us, unless a different policy is displayed. The term “eGain”, “we” and “us” refers to eGain Corporation, eGain Communications Limited and any of our corporate affiliates responsible for processing your personal data. We offer a wide range of eGain Offerings and we refer to all of these eGain Offerings, together with our Site, as “Service(s)” in this Privacy Policy. We are committed to the responsible use of information and protecting individual privacy rights. We know you care how information about you is used and shared. This notice describes our commitment to protect your privacy.

The term “personal data” as used in this Privacy Policy shall mean any information about a natural person that makes you identifiable.

For the purposes of the EU General Data Protection Regulation 2016 (the “GDPR”) eGain Corporation is the controller and responsible for the Site.

Our Privacy Policy explains:

  • What information we collect
  • How we use that information
  • Information we share
  • User access and choice for the information collected
  • Links to other sites
  • How this information is kept secure
  • When this Privacy Policy applies
  • Compliance with Regulatory Authorities

Information collected

We collect information in several ways:

  • Information you provide us. For example, we will ask for business contact information such as name, email address and phone number when you register on the Site or when you register for an event, we may collect information (online or offline) in relation to the event organization, and during an event, such as participation in sessions and survey results. Furthermore, when you contact us (online or offline) in connection with a request for information, to order a product or service, to provide you with support, or to participate in a forum or other social computing tool, we collect information necessary to fulfill your request, to grant you access to the product or service, to provide you with support and to be able to contact you.
  • Information collected through our platform for eGain’s clients. In providing eGain Offerings to its clients, eGain collects information (“end user data”) on behalf and under the instructions of its clients, which it will process as a data processor on its clients’ behalf and has no direct relationship with the individuals whose personal data it collects, processes and stores. In connection with using and accessing eGain Offerings, eGain’s clients may ask for information from you related to the services they provide you. This information can include personal data such as name, address, contact information (phone, email), gender, date of birth, social security number, and marital status as applicable to the services they provided to you. If you are a customer of one of our clients and would no longer like to be contacted by one of our clients that use our eGain Offerings, please contact the client that you interact with directly. We may process end user data for our clients but do not control our clients’ collection or use practices for the end user data. If you are an eGain client who provide any end user data to eGain, you are responsible for providing any notices and/or obtaining any consents necessary for eGain to access, use, retain and transfer such end user data you provide us as specified in this Privacy Policy and your agreement(s) with eGain.
  • Information we get from the use of our Service(s). We log information automatically using log files when our Service(s) are used, including your usage of these Service(s). This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather aggregated demographic information about our user base as a whole. We do not link this automatically collected data to personal data. eGain and our partners, affiliates, analytics providers, and service provider’s online customer support provider use cookies and similar technologies in analyzing trends, administering the Site, tracking users’ movements around the Site and to gather demographic information about our user base as a whole. We use cookies to remember users’ settings (e.g. language preference), analytics, and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited. Please see our separate Cookies Policy for more detail about the information we may collect automatically and your choices.
  • Information you provide through our support channels. The Service(s) also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service(s). Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.

How information is used

We use your information for our legitimate interests, including:

  • To manage our Service(s), including your registration and account;
  • To provide the products and services you purchase, respond to your questions, and carry out the transactions you have requested;
  • To provide you with customer support;
  • To communicate with you regarding updates, technical notices, orders, security alerts, administrative messages, and information regarding changes to our policies;
  • To help authenticate any account you create with us;
  • To protect the rights or property of eGain, our users, or other third parties, and prevent fraud and other prohibited or illegal activities;
  • To protect the security of our products, services, and business;
  • To monitor suspicious or fraudulent activity and to identify violations of Service(s) policies
  • To enhance and personalize our Service(s) and our marketing efforts;
  • To develop and serve advertisements on our Service(s) or through e-mails or other communications; and
  • For our internal purposes (such as auditing, data analysis, and research to improve and develop our products, services, content, advertising, and communications).

We also use your information with your consent, including:

  • To serve advertising tailored to your interests on our Service(s) and third-party services;
  • To send you newsletters and other promotional communications about our and third-party products, offers, promotions, rewards, events, and services; and
  • Fulfill any other purpose disclosed to you and with your consent.

We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we can have our services appear in the language you prefer. One of the products we use to do this on our own services is for data analytics.

We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at publications@egain.com.

We use your contact information to send transactional communications via email and within the Service(s), including confirming your purchases, reminding you of subscription expirations, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. We send you email notifications when you or others interact with you on the Service(s), for example, when you are mentioned on a page or ticket or when a task if assigned to you. We also send you communications as you onboard to a particular Service(s) to help you become more proficient in using that Service(s). These communications are part of the Service(s) and in most cases, you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.

eGain processes information on our servers in various countries around the world. We may process your personal data on a server located outside the country where you live. If personal data is transferred outside the European Union or European Economic Area (EU) to other eGain group companies or to third party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the EU, including by entering into data transfer agreements, using the European Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU – US Privacy Shield Framework.

Information we share

We may share and use your information in the following ways:

  • With our affiliates and subsidiaries worldwide, for internal business purposes, including for customer support, marketing, and technical operations.
  • To geographically or sectorally relevant resellers and/or distributors, particularly if you or your company have purchased through a third party before.
  • To comply with the law, a judicial proceeding, court order, a subpoena or other legal process, such as requests from public and governmental authorities or law enforcement, or to exercise our legal rights or defend against legal claims.
  • Where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, brand protection, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as otherwise required by law.
  • In connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. If eGain is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal data, as well as any choices you may have regarding your personal data.
  • With third party companies and individuals that help us provide our Service(s) or perform services on our behalf (e.g., advertising serving technologies, e-mail service providers, delivery services, database management, web analytics, payment processing and other services). These third parties have access to your information so that they may perform these tasks on our behalf (including, where applicable, for the purposes of facilitating your requests and in connection with tailoring advertisements, measuring and improving our Service(s) and advertising effectiveness, and enabling other enhancements) and they are prohibited by us from using or disclosing your information for any purpose other than to provide this assistance, except to the extent required by law. See the section on “Information we get from the use of our Service(s)” below for more information on some of these third parties.

We reserve the right to fully use and share information on an aggregated basis, which is not personally identifiable about the user, with third parties for marketing, advertising, research or similar purposes. We do not sell your personal data to third parties.

All information provided to our clients using our platform is controlled by the clients. Refer to their privacy policy on how the information provided is shared with others.

User access and choice for the information collected

  • Personal data controlled by eGain 

Upon request eGain will provide you with information about whether we hold any of your personal data. If your business contact personal data changes, or if you no longer desire our service, you may correct, update, amend, delete/remove, or deactivate it by making the change on our member information page or by emailing our Customer Support at legal@egain.com. We will respond to your request to access within 30 days.

Your personal data will be retained for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  • Personal data processed for eGain’s clients

We acknowledge that you have the right to access your personal data. We have no direct relationship with the individuals whose personal data we process as a data processor on our clients’ behalf. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his or her query to eGain’s client (the data controller). If the client requests eGain to remove the data, we will respond within a reasonable timeframe. eGain will retain personal data we process on behalf of our clients for as long as needed to provide services to our client. We will retain this personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  • Information we get from the use of our Service(s)

We partner with a third party to either display advertising on our Site or to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on the Site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads on the Site, you may opt-out by clicking here: http://preferences-mgr.truste.com/ (or if located in the European Union, click here: http://www.youronlinechoices.eu/). Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Our blog is managed by a third-party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third-party application if you want the personal data that was posted to the comments section removed. To learn how the third-party application uses your information, please review their privacy policy.

Our Site includes social media features, such as Facebook’s “Like” button and Widgets, such as the “Share this” button or interactive mini-programs that run on our Site. These features may collect personal data including your IP address, which page you are visiting on our Site, and will set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

We use tracking technologies from traffic measurement services, such as Google Analytics, to analyze traffic and for analytics purposes.

We use a third-party provider, ClickDimensions, to deliver our marketing emails and e-newsletters. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our content. For more information, please see ClickDimension’s privacy policy at http://clickdimensions.com/about/privacy-policy/.

Links to other sites

Our Site includes links to other web sites whose privacy practices may differ from those of eGain. If you submit personal data to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any web site you visit.

How collected information is kept secure

eGain has implemented physical, technical, and organizational measures to ensure the security of personal data, including the prevention of their alteration, loss, damage, unauthorized processing or access, having regard to the state of the art, the nature and the complexity of the data, and the risks to which they are exposed by virtue of human action or the physical or natural environment. The security of your personal data and our clients’ information is important to us. We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once we receive it. When you enter sensitive information (such as your login information) on our service platform, we encrypt the transmission of that information using secure socket layer technology (SSL). No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

When this Privacy Policy applies

Our Privacy Policy applies to all of the Service(s) offered by eGain. Our Privacy Policy does not apply to products or services offered by our clients through our platform or to other sites linked from our Site.

Compliance with regulatory authorities

EU-U.S. and Swiss-U.S. Privacy Shield

eGain is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequent transfers to a third party acting as an agent on its behalf. eGain complies with the Privacy Shield Principles for all onward transfers of personal data from the European Union (EU) and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, eGain is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, eGain may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

eGain has further committed to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.

eGain complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union and Switzerland to the United States. eGain has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

Your European Privacy Rights

If you are an individual in the EU, we collect and process personal data about you only where we have legal basis for doing so under applicable EU laws, including under the EU General Data Protection Regulation (“GDPR”). The legal bases depend on the Service(s) you use and how you use them. This means we collect and use your personal data only where:

  • We need it to provide you the Service(s), including to operate the Service(s), provide customer support and personalized features and to protect the safety and security of the Service(s);
  • It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Service(s) and to protect our legal rights and interests;
  • You give us consent to do so for a specific purpose; or
  • We need to process your personal data to comply with a legal obligation.

If you have consented to our use of personal data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your personal data because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Service(s).

We may use your email address to send you marketing communications or to inform you about our Service(s), such as letting you know about upcoming changes or improvements. We will ask for your consent in line with the applicable law when you first provide your personal data. We also allow you to opt out by following the unsubscribe directions in such communications.

If you wish to exercise any privacy right that is available to you, we will process your request in accordance with applicable data protection laws. We may need to retain certain information for record-keeping purposes and/or to complete transactions that you began prior to requesting any deletion. This set of processing rights excludes all situations in which eGain processes personal data of eGain’s customers and/or the customers’ clients on or through the eGain platform, where eGain is a processor and not a controller.

  • Right not to provide consent or to withdraw consent. Where we seek to rely on your consent in order to process certain parts of your personal data, you have the right not to provide your consent or to withdraw your consent at any time. In case of withdrawal, eGain will not process the personal data subject to this consent any longer unless legally required to do so. In case we are required to retain your personal data for legal reasons, such data will be restricted from further processing and only retained for the term required by law. Withdrawal of consent does not affect the lawfulness of the processing based on consent before its withdrawal. Furthermore, if your use of a good or service requires your prior consent, we will no longer be able to provide the relevant good or service to you after withdrawal of your consent.
  • Right of Information and Access. You can require eGain to confirm at any time that eGain is processing your personal data, or to have access to the personal data eGain may have about you. You may also request information about the purpose of the processing, the categories of personal data concerned, third parties that might have received the data from eGain, the source of the personal data, if you did not provide it directly to eGain, and how long it will be stored. Reasonable access to your personal data will be provided at no cost to you upon request. If access cannot be provided within a reasonable time frame, eGain will provide you with a date when the information will be provided. If for some reason access is denied, eGain will provide an explanation as to why access has been denied.
  • Right to Rectification. You have a right to correct the record of your personal data maintained by eGain if it is inaccurate.
  • Right of Erasure. In certain circumstances, you may have the right to the erasure of personal data that we hold about you, such as it is no longer necessary for the purposes for which it was originally collected.
  • Right to Data Portability. If eGain uses your personal data on the legal basis of either your consent or performance of a contract with you, you may also request from eGain a copy of the personal data you provided to us, clearly stating which personal data you require from eGain in which format and whether the personal data shall be provided to you or another recipient. We will carefully review your request and discuss with you how it can be best implemented.
  • Right to Restriction of Processing. You can request from eGain that eGain restricts your personal data from any further processing in any of the following events: (i) you state that the personal data eGain has about you is incorrect, (but only for as long as we are required to check the accuracy of the relevant personal data), (ii) there is no legal basis for us processing your personal data and you demand that we restrict your personal data from further processing, (iii) we no longer require your personal data but you claim that you require us to retain such data in order to claim or exercise legal rights or to defend against third party claims or (iv) in case you object to the processing of your personal data by us, where based on our legitimate interest, for as long as it is required to review as to whether we have a prevailing interest or legal obligation in processing your personal data.
  • Right to Object to Processing based on Legitimate Interest. Where we rely on our legitimate interest to process certain parts of your personal data, you have the right to object to such processing at any time. If you do so, we will cease using your personal data and remove it from our systems unless such personal data is permitted to be used by eGain for another purpose set out in this Privacy Policy or we determine and demonstrate a compelling legitimate interest to continue in processing your personal data.
  • Right to lodge a complaint. If you take the view that eGain is not processing your personal data in accordance with the requirements set out in the Privacy Statement or applicable EU data protection laws if such laws apply to you, you can at any time lodge a complaint with the data protection authority of the EU country where you live or with the data protection authority of the country or state where the eGain controller that collected your personal data has its registered seat.

If you would like to exercise any of the above rights, please contact us at dataprivacy@egain.com so that we may consider your request under applicable law, verify any relevant legal requirements and exemptions, including steps to verify your identity before complying with the request.

Changes to this Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by means of a notice on our Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

If you have any questions regarding our Privacy Policy, please contact us on the information below:
eGain
1252 Borregas Avenue
Sunnyvale, CA 94089 USA
Phone: +1 408-636-4500
dataprivacy@egain.com

This Privacy Policy is dated May 25, 2018