Terms & Conditions
The privacy of your data is a big deal to us. In this policy, we will explain which data we collect and why; how your data is handled; and your rights to your data. We will never sell your data. This policy applies to all products and services built and maintained by our company, jabberBrain.
1. Scope
This Privacy Policy covers jabberBrain and its affiliates and is effective for all sites, portals or properties owned, controlled or managed by jabberBrain. This Policy is applicable to jabberbrain.com, jabberbrain.ai and any other websites, and applications owned and operated by jabberBrain, registered registered with the Companies Register of Lisbon under NICP number 516.981.137, with its registered office Rua José Augusto Coelho 74-2, Vila Nogueira de Azeitão, 2925-538, Setúbal, Portugal. This Privacy Policy does not apply to the websites of our customers or Business Partners or to the websites of any other third parties, even if we have links to their websites on our website. This Policy outlines jabberBrain’s specific practices with regard to the collection, use, processing, transfer and/or storage of Personal Data (as defined below) in connection with User’s use of the Site in accordance with the Terms of Use. For the purposes of this Privacy Policy, “Business Partners” means subcontractors, vendors, distributors, resellers and other entities with whom jabberBrain has ongoing business relationships to provide products, services and information to its customers. “Affiliates” means legal entities that are owned by or under direct common ownership with jabberBrain, “Personal Data” means information that can directly or indirectly identify you as an individual, such as your name, telephone number, address, billing information and email address or other similar information. jabberBrain may seek User’s explicit consent to process Personal Data collected by jabberBrain or voluntarily provided by User. In case, User does not grant the requested consent for the processing of its Personal Data or if User later informs jabberBrain by email at info@jabberbrain.com of the withdrawal of its consent to the processing of its Personal Data, any further use of certain offerings or services offered by jabberBrain on the Site may be either prevented or limited in scope.
2. When does jabberBrain collect Personal Data?
Depending on the products and/or Services accessible on the Site, jabberBrain may ask the User to provide Personal Data when you:Use this Site;Register for an account on this Site;Use a web application on this Site,Request a Demo,Contact us, including for sales, technical support, privacy related issues;Participate in a call using Zoom, or another teleconference solutionParticipate in a marketing/sales promotion or an online survey;Subscribe to our newsletters, promotional emails or other materials;Request information about our products, quotes, downloads or white papers;Register for a webinarApply for a job, or otherwise, enter our recruitment and hiring process.
3. Personal Data collected
jabberBrain collects and processes Personal Data in multiple ways from Users of this Site whether or not they subscribe to jabberBrain’s products and/or services. jabberBrain may collect any of the following Personal Data:Full name,Email address,Avatar image,Phone number,IP Address,Position within the company. When User visits this Site, jabberBrain uses session “cookies” – a piece of information stored on User’s computer – to allow the Site to uniquely identify User’s browser while User is logged in and to enable jabberBrain to process your online activities on the Site as detailed in the jabberBrain’s Cookies Policy available on the Site. For Recruiting and hiring, jabberBrain processes Personal Data in accordance with its Privacy Policy for Job applicants available on jabberBrain’s recruitment website.
4. How We Use Personal Data
jabberBrain may use User’s Personal Data to: (i) Establish a unique account for the User to access the services; (ii) Follow up after your request for a Demo, (iii) For the purposes of identification and authentication for visitors; (iv) Send communications to the User, such as:to contact you about the User’s use of the services,information about products and services available from our portfolio and from our affiliated and subsidiary companies,for research purposes and to generally improve the content, functionality, and security of the Site and related services,event announcements,important product notices including those announcing changes to our terms or policies,information about particular programs in which you have chosen to participate, andsurveys, promotional offers, periodic newsletters and other related communications. (v) Execute other actions or processes that may be necessary or useful in order for jabberBrain to provide the services to the User; (vi) Advertise and market our software product lines by delivering targeted advertisements on This Site and other sites; (vii) Administer, customize, personalize, analyze and improve our products, services (including the content and advertisements on this Site), technologies, communications and relationship with the User; (viii) Enforce our Terms of Use and/or separate contracts (if applicable); (ix) Prevent fraud and other prohibited or illegal activities; (x) Protect the security or integrity of this Site, our business, or our products or services; (xi) take such other actions or perform such other activities as disclosed to User at the point of collection or as required or permitted by law. jabberBrain may use third-party vendors for online marketing and cookie collection. Unless stated otherwise in this Privacy Policy, jabberBrain processes Personal Data in the role of a Controller.
5. Sharing User’s Information
jabberBrain may share Personal Data with our affiliated and subsidiary companies or Business Partners for the execution of the services, to make jabberBrain’s business more responsive to User’s needs, to provide User with information about jabberBrain’s products and services, or for research and analysis. jabberBrain may transmit Personal Data to third-party vendors and hosting partners that provide the necessary hardware, software, networking, storage, and other technology and maintenance services required to operate and maintain this Site and any related services. Transfers to any third parties are covered under the provisions of this Policy. jabberBrain may also share Personal Data with Business Partners that help jabberBrain customize, analyze and/or improve its communications or business relationship with Users. These communications may include requests relating to jabberBrain’s products or services, including the jabberBrain Bionic Chat. In any of these instances where jabberBrain is sharing Users’ Personal Data, jabberBrain shall make sure that those third parties are committed to protecting Personal Data and have agreed in writing to provide such protection both in compliance with legal requirements and commensurate with the protections provided by jabberBrain. jabberBrain shall not disclose Personal Data to third parties for their own marketing purposes in absence of Users’ prior consent. Except as described in this Policy, jabberBrain shall not give, sell, rent, share or loan any personal information to any third party other than as outlined in this Policy. More specifically, here are the reasons and circumstances why we share your Personal Data: (i) Legal reasons: jabberBrain may disclose Personal Data to respond to subpoenas, lawful requests by public authorities (i.e national security or law enforcement agencies), court orders, or legal processes, or to establish or exercise its legal rights or defend against legal claims, to enable jabberBrain to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of jabberBrain’s Terms of Service, or as otherwise required by law. (ii) Business reorganization: If jabberBrain is involved in a merger, acquisition, or sale of all or a portion of its assets, a corporate reorganization or any other action or transfer between jabberBrain entities, User’s information may be shared with the new successor entity for the continuation of services, as well as any choices User may have regarding its Personal Data. (iii) Links to other sites: This Site contains links to other sites that are not owned or controlled by jabberBrain. Users shall review carefully all the privacy policies or statements of such other sites to familiarize themselves with its practices. This Policy applies only to Personal Data processed by this Website. (Iv) Social Media Features: jabberBrain’s Site includes social media features, such as the Facebook, LinkedIn and Twitter buttons and Widgets, the “Share This” button or interactive mini-programs that run on jabberBrain’s site. These features may collect the User’s IP address and the page visited on jabberBrain’s Site and also may set a cookie to enable the social media feature to function properly. Social media features and Widgets are either hosted by a third party or hosted directly on our Site. (v) Public Forums: jabberBrain’s Site offers publicly accessible blogs or community forums. Users should be aware that any Personal Data provided in these areas may be read, collected, and used by others who access them. To request the removal of such Personal Data from a blog or community forum, contact jabberBrain at info@jabberbrain.com. (vi) Testimonials: jabberBrain posts customer stories or testimonials on the Site which may contain the Personal Data of the Customer’s employees. jabberBrain obtained a customer’s consent prior to posting the testimonial to include such Data. A customer may at any time withdraw such consent at info@jabberbrain.com. (vii) Surveys: jabberBrain may launch surveys and contests. Participation in these surveys or contests is completely voluntary meaning that the User has therefore a choice whether or not to disclose information required for participation. The requested information typically includes contact information, such as email or phone number. jabberBrain uses this information to improve its products and/or services, to send its customers updates on improvements on the products and/or services, and/or to market our solutions.
6. Location of Site and Data
jabberBrain’s products, services and other web properties are operated in Europe. Any information provided to jabberBrain will be transferred to and stored in Europe.
7. Breach Notification
jabberBrain has a robust IT Security strategy which includes policies, processes and controls designed to ensure the protection of any Personal Data, including a variety of security measures intended to prevent unauthorized access to Personal Data. jabberBrain’s IT Security strategy is available on the Site. jabberBrain evaluates and responds to reports of incidents that might involve unauthorized access to Personal Data. If jabberBrain becomes aware that Personal Data has been compromised or mishandled, jabberBrain shall report any such action or activity to the User in accordance with the GDPR.
8. Communication and Marketing Preferences
Users may choose to receive or not receive marketing communications from jabberBrain by indicating its preferences on this Site. If the User would prefer not to receive future marketing communications or wish to change or modify information previously provided or delete inaccuracies, please contact us at info@jabberbrain.com. jabberBrain shall respond to all requests within 30 days. jabberBrain shall retain User’s Personal Data on User’s account for as long as the account is active or as needed to provide you services and as necessary to comply with its legal, regulatory or compliance obligations. Even if User opts out of receiving marketing communications, jabberBrain may still communicate with User in connection with servicing any existing account User may have, fulfilling a request from User, or administering any promotion or any program in which User may have elected to participate. Some marketing sent to the User, including email marketing, may also be personalized based on the User’s visits to this Site, its browsing and/ or purchase history with jabberBrain. In addition, when the User clicks on some links in email marketing, a cookie may have been placed on the User’s browser. This cookie would be linked to the User’s email address and used to gather information about the products and services viewed on this Site. The information gathered may be used to personalize and customize future email marketing messages to send to the User. Users may opt out of this use by clicking on the unsubscribe link provided in every personalized email marketing message sent by jabberBrain.
9. Collection and Use of Children’s Personal Data
jabberBrain does not actively collect Personal Data from children under the age of 18 through this Site. Users below 18 years of age shall request a parent or guardian’s prior written consent before submitting any Personal Data through this Site. Upon request, the User shall provide such consent to jabberBrain.
10. Cookies
The Site uses cookies to enable Users to sign in to our services and to help personalize its online experience. Users can adjust cookie retention settings in their own browsers. To learn more about cookies, including how to see which cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org. User shall review the jabberBrain Cookies Policy available on this Site.
11. Personal Data Security
jabberBrain and its affiliates use a variety of security technologies and procedures to help protect Personal Data from loss, destruction, misuse, unauthorized access or disclosure. jabberBrain’s IT Security strategy is available on the Site. However, while jabberBrain strives to protect Personal Data, jabberBrain cannot ensure or guarantee that such Personal Data or private communications transmitted to jabberBrain will always remain confidential. The user does so at their own risk. For any questions regarding security, the User shall contact jabberBrain at info@jabberbrain.com.
12. Public Forums
This Site may offer publicly accessible blogs or community forums. Any information provided in these areas may be read, collected, and used by others who access them. To request the removal of Personal Data from a blog or a community forum, please reach out to info@jabberbrain.com.
13. Transfer of Personal Data
Personal Data collected may be stored and processed in the United States or any other country in which jabberBrain’s affiliates and subsidiary companies or Business Partners maintain facilities. jabberBrain provides appropriate levels of protection to safeguard any Personal Data including providing adequate protection for any transfer of Personal Data to a country outside the EU/EEA. These safeguards include data protection agreements, incorporating the new EU standard contractual clauses (standard contractual clauses between controllers and processors under Article 28(7), Article 6(1)(a) and Article 6(1)(f) of Regulation (EU) 2016/679 of the European Parliament and of the Council and Article 29(7) of Regulation (EU) 2018/1725 of the European Parliament and of the Council).
14. User’s Rights
If the User would like to exercise any of its rights under the GDPR or any applicable data protection laws or receive more information about its rights, the User shall contact jabberBrain via email at info@jabberbrain.com or by post at Rua José Augusto Coelho 74-2, Vila Nogueira de Azeitão, 2925-538, Setúbal, Portugal. jabberBrain shall promptly respond to all requests from individuals seeking to exercise their rights described in this Privacy Policy and pursuant to applicable data protection laws. Some of the following rights may not be applicable depending on the situation:Right of access: The User has the right to gain access to information about the personal data that jabberBrain processes about the User.Right to rectification: The User has the right to get their personal data updated or corrected. Upon User’s request, jabberBrain shall promptly correct its information inaccurately stored and/or supplement incomplete personal data completed by including a supplementary statement provided by User.Right to erasure/right to be forgotten: The User has the right to request to permanently delete its personal information. The User can make such a request if the User believes that the personal data provided are no longer necessary in relation to the purpose for which the personal data were collected or otherwise processed.Right to restrict the processing activities: The User has the right to restrict jabberBrain’s processing activities. If the User chooses to restrict jabberBrain’s processing activities regarding certain personal data, the User may not be able to use the Site properly.Right to data portability: The User has the right to transfer their Personal Data, when possible.Right to object: The User has the right to object to the processing of its Personal Data that is carried out on the basis of legitimate interests, such as direct marketing.Right Not to be Subject to Automated Decision-Making: The User has the right not to be subject to automated decision-making, including profiling, which produces legal effects. jabberBrain and its affiliates do not currently engage in the foregoing on its Site or products and services. If the User is not satisfied with the way jabberBrain treats its Personal Data, the User shall reach out to jabberBrain at all times to discuss the issue. However, the User always has the right to lodge a complaint to a supervisory authority (CNPD in Portugal).
15. Retention Periods
jabberBrain retains the User’s Personal Data as long as it is necessary for the purposes stated above, if not stated otherwise in this Privacy Policy. jabberBrain might process the User’s Personal Data longer than stated above if and when jabberBrain determines it is legally necessary to do so.
16. Effective Date and Notification of Changes to the Privacy policy
This Privacy Policy is effective as of September 2024 and is reviewed periodically. jabberBrain reserves the right to change this Privacy Policy at any time. If jabberBrain materially changes this Privacy Policy, jabberBrain shall post a prominent notice on this Site. Changes are effective as of the date of the post on the Privacy Policy page of this Site.