Overview
Remark’s chat widget and underlying platform are designed to comply by default with all major U.S. privacy, recording-consent, and accessibility laws, including:- The California Invasion of Privacy Act (CIPA) and other state wiretapping/recording consent laws
- The California Consumer Privacy Act (CCPA/CPRA) and equivalent state privacy frameworks
- The Americans with Disabilities Act (ADA Title III) and the California Unruh Civil Rights Act
The widget automatically displays compliant language before any user can begin a chat, ensuring both your brand and Remark meet notice and consent obligations across all U.S. jurisdictions.
Pre-Chat Disclosure
Every Remark widget automatically presents this notice before a visitor can start messaging:“Messages you send may be recorded by Remark and [BRAND] for various purposes (including for use by AI). By continuing, you agree to our Terms of Use and Privacy Policy.”This disclosure satisfies:
- Two-party consent requirements (e.g., California CIPA)
- FTC and state AI-transparency expectations
- “Notice at collection” requirements under the CCPA/CPRA
The message itself—and when it appears—cannot be changed, guaranteeing legal compliance by default.
Privacy & Security
Remark acts as your service provider under applicable privacy laws.Chat and interaction data are processed only to deliver, secure, and improve the service—never for unrelated advertising or resale. Built-in safeguards
- All data encrypted in transit and at rest
- Redundant storage with Twilio (messaging) and PlanetScale (database)
- Sub-processors maintain SOC 2 Type II / ISO 27001 certifications
- Continuous monitoring and documented incident-response plan
- Automatic deletion/anonymization of data upon termination
Accessibility (ADA / Unruh)
The Remark widget is developed to conform to WCAG 2.1 AA accessibility standards.It includes ARIA labels, keyboard navigation, color-contrast compliance, and focus management out of the box. While ADA and Unruh obligations primarily fall on the website owner, using the Remark widget will not introduce additional exposure. You may choose to reference the chat in your site’s accessibility statement for completeness.
Optional Policy References
📄 Privacy Policy Drop-In
Add this short paragraph anywhere in your existing privacy policy (usually under “Service Providers” or “Data Collection from Your Use of Our Site”):Chat and Guided Shopping.
Our website uses Remark, a guided-shopping and chat service provided by 97 Labs Inc. (“Remark”), to assist visitors in real time. Messages you send through the chat may be recorded and processed by Remark for support, personalization, and service-improvement purposes, including through the use of artificial intelligence (“AI”). Remark acts as our service provider and processes data solely on our behalf, in accordance with our instructions and our Privacy Policy.
♿ Accessibility Statement Drop-In
Add this optional sentence or paragraph to your accessibility page:Chat Accessibility.
We provide an on-site chat experience powered by Remark that conforms to WCAG 2.1 AA standards and is designed to be accessible to all users. If you experience any difficulty using the chat, please contact us at [your email address] for assistance or an alternate communication method.
What We Recommend for Brands
While the widget itself is compliant, we suggest two simple best practices:- Add the Privacy Policy reference above so counsel can acknowledge Remark’s role as a service provider.
- Optionally include the Accessibility Statement reference to show proactive ADA transparency.
Summary
| Area | Coverage | What Brands Need to Do |
|---|---|---|
| Recording Consent (CIPA / Wiretap) | Automatic pre-chat notice satisfies all-party consent laws | None |
| Privacy (CCPA / CPRA) | Remark = Service Provider; limited data use | Optional Privacy Policy reference |
| AI Transparency | Disclosure references AI use | None |
| Accessibility (ADA / Unruh) | Widget meets WCAG 2.1 AA | Optional Accessibility Statement reference |
| Security | SOC 2 / ISO 27001 sub-processors; encryption at rest/in transit | None |
Questions?
Contact your Remark Merchant Success Manager or email [email protected] for further details.