Privacy Notice

What is Personal Data?

For the purposes of applicable privacy and data protection laws, personal data refers to any information that relates to an identified or identifiable individual, such as a name, email address, IP address, or other information that can reasonably be linked to an individual.

Privacy Regulations We Comply With

Because FomoChat provides products and services worldwide, we comply with applicable privacy and data protection laws, including but not limited to:

• The General Data Protection Regulation ("GDPR") in the European Union
• The California Consumer Privacy Act ("CCPA") and California Privacy Rights Act ("CPRA")
• The Personal Information Protection and Electronic Documents Act ("PIPEDA") in Canada

We respect your privacy rights and commit to protecting your personal data in accordance with the laws applicable to your location.

Our Role With Respect to Your Personal Data

Privacy laws distinguish between different roles in the processing of personal data:

• A Data Controller determines the purposes and means of processing personal data.
• A Data Processor processes personal data on behalf of a Data Controller.

FomoChat acts as a Data Controller when processing personal data related to:

• Visitors to our website
• Prospective and active customers
• Account holders and administrators

FomoChat acts as a Data Processor when processing personal data submitted by or on behalf of our customers through the FomoChat application. In these cases, our customers are the Data Controllers, and we process data only according to their instructions.

How We Collect and Process Personal Data

Personal Data Collected Through Our Website

Product demos, previews, and marketing interactions

When you request a demo, sign up for a preview, or otherwise interact with our marketing content, we may collect your name and email address. We use this information to provide the requested content and communicate with you.

Contact requests

When you contact us directly, we may collect your name, email address, phone number, and the content of your message in order to respond.

Email communications

If you opt in to receive emails from us, we will use your email address to send product updates, announcements, and other information you may be interested in. You may unsubscribe at any time.

Website usage

We collect technical information such as IP address, browser type, pages visited, and referral data. We use cookies, analytics tools, and similar technologies to understand how our website is used and to improve our services. We may also use third-party cookies for advertising and measurement purposes.

Personal Data Collected Through the FomoChat Application

When customers use FomoChat and when visitors interact with FomoChat widgets, we may process the following categories of personal data:

• Account and contact information: name, email address, login credentials
• Billing information: payment method details, subscription status, invoices (processed via third-party payment processors)
• Usage data: information about how the application and widgets are accessed and used
• Interaction data: messages sent by users, questions submitted through chat, and AI-generated responses
• Technical data: IP address, device information, timestamps, and related metadata

Use of Artificial Intelligence Services

FomoChat uses third-party artificial intelligence service providers to generate chat messages and responses within the product.

• Messages and inputs submitted by users may be sent to these providers for the sole purpose of generating responses or ambient chat content.
• We do not use customer or end-user content to train our own AI models.
• AI service providers process data only as necessary to provide the requested functionality and in accordance with their contractual obligations.
• Customers are responsible for ensuring that they have the appropriate rights and permissions to submit personal data to FomoChat for processing by AI services.

How We Use Personal Data

We use personal data to:

• Provide, operate, and maintain the FomoChat service
• Create and manage user accounts
• Process payments and manage subscriptions
• Generate chat content and respond to user interactions
• Provide customer support and respond to inquiries
• Monitor, analyze, and improve our services
• Comply with legal and regulatory obligations

Legal Basis for Processing

We process personal data only where we have a lawful basis to do so, including:

• Your consent
• Performance of a contract
• Compliance with legal obligations
• Our legitimate interests, provided they do not override your rights and freedoms

Who We Share Personal Data With

We may disclose personal data to:

• FomoChat employees and contractors who require access to perform their duties
• Service providers supporting our infrastructure, analytics, AI processing, payment processing, and communications
• Law enforcement or regulatory authorities where required by law
• Successors in the event of a merger, acquisition, or sale of assets, as permitted by law

All service providers are bound by contractual obligations to protect personal data.

Data Security

We implement appropriate technical and organizational measures to protect personal data against unauthorized access, loss, misuse, or disclosure. Access to personal data is limited to those with a legitimate need.

Data Storage and International Transfers

Personal data may be stored and processed in Canada, the United States, or other jurisdictions where our service providers operate.

For transfers of personal data outside the EU or other regions with data transfer restrictions, we rely on appropriate safeguards such as Standard Contractual Clauses.

Data Retention

We retain personal data only for as long as necessary to fulfill the purposes described in this Privacy Notice, comply with legal obligations, resolve disputes, and enforce our agreements.

Personal Data From Minors

FomoChat is not intended for use by individuals under the age of 18. We do not knowingly collect personal data from minors. If we become aware that such data has been collected, we will take steps to delete it.

Your Privacy Rights

Depending on your location, you may have the right to:

• Access your personal data
• Correct or update your personal data
• Request deletion of your personal data
• Object to or restrict processing
• Request data portability

To exercise your rights, contact us at privacy@fomochat.com.

California Privacy Rights

California residents have additional rights under the CCPA/CPRA, including the right to know, delete, correct, and opt out of the sale or sharing of personal information.

FomoChat may share certain personal data with analytics and advertising partners as defined by applicable law. We do not sell personal data for monetary consideration.

California residents may exercise their rights by contacting privacy@fomochat.com.

EU Residents – Right to Lodge a Complaint

If you reside in the EU, you have the right to lodge a complaint with a supervisory authority in your country of residence, place of work, or where you believe a violation has occurred.

Changes to This Privacy Notice

We may update this Privacy Notice from time to time. Changes become effective when posted. The "Last Updated" date indicates the most recent revision.

Contact Us

If you have questions or concerns about this Privacy Notice or our data practices, contact us at:

privacy@fomochat.com