Data Privacy Policy

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 “Services” 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 (2016/679) (the “GDPR”), the Swiss Federal Act on Data Protection (“FADP”) and UK General Data Protection Regulation (the “UK-GDPR”), eGain Corporation is the controller and is responsible for the Site.

Our Privacy Policy explains:

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

How we collect information and what information we collect

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 any Services, 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 Services, 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 Services. We log information automatically using log files when our Services are used, including your usage of these Services. 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 Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with the Services. 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.
  • Information sourced through social media. We collect information from social sites such as LinkedIn for potential business contacts. The information collected is company name, job title, business function, first name, surname, email address.
  • Information we receive from other sources. We may receive information about you from third parties, such as advertising, event, and market research providers. We may combine any information we collect about you with other information we have about you to help us update, expand, and analyze our records, and provide Services that may be of interest to you. The information typically collected is company name, job title, business function, first name, surname, email address.
  • Information we receive through Google APIs. We may receive information about you through our use of certain Google API Services provided by Google, Inc. We access Google API Services in accordance with the Google APIs Terms of Service. If you use the Gmail integration with our Services or grant eGain browser extension access to your Gmail account via Google API Services, you will be asked to give us access to information from your Gmail or Google account. By using the Gmail integration with the Services, you will grant the Services access to relevant information associated with your account, such as emails, subject lines, and URLs of tracked links from your email, if you use the email tracking functionality.
  • Information we receive through YouTube APIs. Our Services may use YouTube API Services. When using our Services, we may ask you to provide us with permission to access data from the YouTube API Services.
  • Information we receive through Google Analytics. Our Services may use Google Analytics which is a web analytics service offered by Google that tracks and reports website traffic. Google Analytics collects only the IP address assigned to you on the date you visit our Site, not your name or other identifying information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our Site, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on how Google collects and processes your data, visit https://www.google.com/policies/privacy/partners/.

How information is used

We use your information for our legitimate interests, including:

  • To manage our Services, including your registration and account;
  • To provide the Services you purchase, respond to your questions, and carry out the transactions you have requested;
  • To send business customers or potential business customers, newsletters, and other promotional communications about our and third-party products, offers, promotions, rewards, events, and services;
  • 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 Services and business;
  • To monitor suspicious or fraudulent activity and to identify violations of Services policies;
  • To enhance and personalize our Services and our marketing efforts;
  • To develop and serve advertisements on our Services or through e-mails or other communications; and
  • For our internal purposes (such as auditing, data analysis, and research to improve and develop our Services, content, advertising, and communications).

We also use your information with your consent, including:

  • To serve advertising tailored to your interests on our Services and third-party 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 data obtained from the YouTube API Services to provide features of our Services. eGain’s use of information received from YouTube APIs will adhere to the YouTube Terms of Service. Your use of the YouTube API Services will require you to adhere to the YouTube Terms of Service.

We will solely use our access to your Gmail for enhancing your Gmail with our Services. Your Gmail data will not be used by eGain for serving advertisement.

Our use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

We use the information we get from Google Analytics to analyze traffic, remarket our Services to users, improve our marketing, advertising, and to improve our website.

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 [email protected].

We use your contact information to send transactional communications via email and within the Services, 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 interact, or when others interact with you, on the Services, for example, when you are mentioned on a page or ticket or when a task is assigned to you. We also send you communications as you onboard to a particular Service to help you become more proficient in using that Service. These communications are part of the Services 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, European Economic Area (EU) or United Kingdom (UK) 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 or UK, including by entering into data transfer agreements, using the European Commission approved Standard Contractual Clauses for individuals located in the EU or UK-GDPR compliant International Data Transfer Agreements for individuals located in the UK.

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 act 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 Services 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 Services 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 Services” above 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 Services, you may correct, update, amend, delete/remove, or deactivate it by making your request to [email protected] . We will respond to your request to access within 30 days unless required sooner under applicable laws. Your personal data will be retained only for as long as is necessary for the purposes set out in this Privacy Policy.

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 Services
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 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: https://optout.networkadvertising.org (or if located in the European Union, click here: https://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. For more information on Google Analytics’ processing of personal information, please see https://www.google.com/policies/privacy/partners/. Information on data use by Google, setting and withdrawal options, as well as options to object, can be found in Google’s Privacy Policy. You can opt-out of having made your activity on the Services available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. You can download this add-on here: https://tools.google.com/dlpage/gaoptout?hl=en.

With respect to data we collect through the YouTube API Services, you may choose to revoke eGain’s access to your YouTube data via Google Security Settings Page.

We use a third-party provider, HubSpot, to deliver our marketing emails and e-newsletters. We gather statistics around email opening and clicks using industry standard technologies to help us monitor and improve our content. For more information, please see HubSpot’s privacy policy at https://legal.hubspot.com/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 the Services offered by eGain. Our Privacy Policy does not apply to Services offered by our clients through our platform or to other sites linked from our Site.

Compliance with regulatory obligations

EU-U.S. Data Privacy Framework with UK Extension, and Swiss-U.S. Data Privacy Framework

eGain Corporation complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. eGain Corporation has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. eGain Corporation has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

eGain Corporation is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. eGain Corporation complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions.

The Federal Trade Commission has jurisdiction over eGain Corporation’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, eGain Corporation may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, eGain Corporation commits to resolve DPF Principles-related complaints about our collection and use of your personal data. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact eGain Corporation at:

eGain Corporation
1252 Borregas Avenue
Sunnyvale, CA 94089 USA
Phone: +1 408-636-4500
[email protected]

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, eGain Corporation commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/ request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, eGain Corporation commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF in the context of the employment relationship.

For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website, https://www.dataprivacyframework.gov

Your European, United Kingdom or Swiss Privacy Rights

If you are an individual in the EU, Switzerland or UK, we collect and process personal data about you only where we have legal basis for doing so under applicable EU, Swiss and UK laws, including under the EU GDPR, Swiss FADP and UK-GDPR. The legal bases depend on the Services 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 Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
  • 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 Services 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 Services.

We may use your email address to send you marketing communications or to inform you about our Services, 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 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 any Services requires your prior consent, we will no longer be able to provide the relevant Services 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 this Privacy Notice or applicable EU or UK data protection laws if such laws apply to you, please contact our data protection officer ([email protected]) who will investigate the matter and report back to you, alternatively contact our European Representative ([email protected]). You can at any time lodge a complaint with the data protection authority of the EU country where you live, where the eGain Controller that collected your personal data has its registered office, or with the UK Information Commissioner’s Office (https://ico.org.uk/) for UK citizens.

California Consumer Privacy Act Disclosure

This Privacy Notice for California Residents supplements the information contained in this Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CPPA), as amended and expanded by the California Privacy Rights Act of 2020 effective January 1, 2023 (“CPRA”) and any terms defined in the CCPA and CPRA (collectively, “California Privacy Laws”) have the same meaning when used in this notice. The California Privacy Laws requires businesses to disclose whether they sell or share Personal Information.

In the past 12 months, we have collected, and disclosed to third parties for our business purposes, the following categories of Personal Information relating to California residents covered by this disclosure:

Category of personal information Category Examples Collected (Y/N) Disclosed to Third Parties
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers Yes  

 

Yes

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, physical characteristics or description, address, telephone number, driver’s license or state identification card number, education, employment.  

Yes

 

 

 

 

 

Yes

C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Yes Yes
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Yes No
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data No N/A
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Yes Yes
G. Geolocation data. Physical location or movements. Yes Yes
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. No N/A
I. Professional or employment-related information. Current or past job history or performance evaluations. Yes Yes
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. No N/A
K. Inferences drawn from other personal information Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Yes Yes

The categories of sources from whom we collected this Personal Information are:

  • Directly from the consumer
  • Service Providers and other third parties
  • Public Record Sources (Federal, State or Local Government Sources)
  • Website/Mobile App Activity/Social Media
  • Advertising, Event and Market Research Providers

The categories of third parties to whom we disclosed Personal Information for our business purposes described in this privacy disclosure are:

  • Affiliates and Subsidiaries of eGain
  • Vendors and Service Providers who provide services such as advertising serving technologies, e-mail service providers, delivery services, database management, web analytics, payment processing and other services
  • Partners and/or Resellers
  • Government Agencies as required by laws and regulations

We may share Personal Information (in the form of identifiers and internet activity information) with third party advertisers for purposes of targeting advertisements on non-eGain websites, applications, and services. In addition, we may allow third parties to collect Personal Information from our Site or Services if those third parties are authorized service providers who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Information, or if you use eGain Site or its Services to interact with third parties or direct us to disclose your Personal Information to third parties.

Use of Personal Information

In the past 12 months, we have used Personal Information relating to California residents to operate, manage, and maintain our business, to provide our Services, and to accomplish our business purposes and objectives, including the following:

  • To manage our Services, including your registration and account;
  • To provide the 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 Services, and business;
  • To monitor suspicious or fraudulent activity and to identify violations of Services policies;
  • To enhance and personalize our Services and our marketing efforts;
  • To develop and serve advertisements on our Services or through e-mails or other communications; and
  • For our internal purposes (such as auditing, data analysis, and research to improve and develop our Services, content, advertising, and communications);
  • To serve advertising tailored to your interests on our Services 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 will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sale of Personal Information

In the past 12 months, we have not “sold” Personal Information subject to the California Privacy Laws, including Personal Information of minors under the age of 16. For purposes of this Disclosure, “sold” means the disclosure of Personal Information to a third-party for monetary or other valuable consideration.

If in the future, eGain anticipates selling consumers’ Personal Information to any party, we will provide consumers with the opt-out and opt-in rights required by the CCPA.

CPRA Sensitive Personal Information Disclosure

The categories of data that we collect and disclose for a business purpose may include “sensitive personal information” as defined under the California Privacy Rights Act. We do not use or disclose sensitive personal information for any purpose not expressly permitted by the CPRA.

CPRA Retention Disclosure

We keep your Personal Information to enable your continued use of our Site or Services, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, as permitted or as may be required by law, or as otherwise communicated to you.

CPRA Non-Discrimination Statement

We will not discriminate against any consumer for exercising their rights under the CPRA.

Rights under California Privacy Laws

If you are a California resident, you have the right to:

  • Request we disclose to you free of charge the following information covering the 12 months preceding your request:
    1. the categories of Personal Information about you that we collected;
    2. the categories of sources from which the Personal Information was collected;
    3. the purpose for collecting Personal Information about you;
    4. the categories of third parties to whom we disclosed Personal Information about you and the categories of Personal Information that was disclosed (if applicable) and the purpose for disclosing the Personal Information about you; and
    5. the specific pieces of Personal Information we collected about you;
  • Request we delete Personal Information we collected from you, unless the California Privacy Laws recognizes an exception;
  • Be free from unlawful discrimination for exercising your rights under the California Privacy Laws;
  • Request we correct inaccurate Personal Information; and
  • Request we limit the use and disclosure of Sensitive Personal Information

We will acknowledge receipt of your request and advise you how long we expect it will take to respond if we are able to verify your identity. Requests for specific pieces of Personal Information will require additional information to verify your identity. Please note that your request to delete your Personal Information does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another user.

If you submit a request on behalf of another person, we may require proof of authorization and verification of identity directly from the person for whom you are submitting a request.

In some instances, we may not be able to honor your request. For example, we will not honor your request if we cannot verify your identity or if we cannot verify that you have the authority to make a request on behalf of another individual. Additionally, we will not honor your request where an exception applies, such as where the disclosure of Personal Information would adversely affect the rights and freedoms of another consumer or where the Personal Information that we maintain about you is not subject to the CCPA’s access or deletion rights. Additionally, you may have the right to appeal the denial of any of these rights by submitting a form that will be provided to you if we deny a data request.

We will work to process all verified requests within forty-five (45) days pursuant to the CCPA. If we need an extension for up to an additional forty-five (45) days in order to process your request, we will inform you of the reason and extension period in writing. We will advise you in our response if we are not able to honor your request.

There is no charge for exercising your request, however, if it is excessive, repetitive, or manifestly unfounded we may charge a reasonable fee based upon the administrative costs of providing the information to you or taking the action requested.

If you would like to exercise any of the above rights, please contact us  at [email protected] 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.

 

TRUSTe

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
[email protected]

Or the eGain European Representative:

XpertDPO Ltd
20 Harcourt Street
Dublin 2,
D02 H364
Ireland
[email protected]

This Privacy Policy is dated December 21, 2023

 

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