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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
No additional configuration is required from your team.
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.

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Pre-Chat Disclosure

By default, every Remark widget shows this notice in the chat window until the shopper sends their first message:
“Chat sessions may be monitored, recorded, and used by Remark for various purposes. Chat sessions may be with a live agent or a chatbot powered by generative artificial intelligence. By using this chat, you consent to the recording of this chat and agree to Remark’s Privacy Policy and Terms of Use.”
Sending a message counts as agreement. Remark saves the time of agreement in the shopper’s browser and stops showing the notice there. 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

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Customizing the notice

You can edit the notice, or add your own terms, in the dashboard under Settings > Features > Labels > Terms of service. Edits apply per language. Because changes to this text can affect consent, review them with your counsel. When you add text under Additional terms, the widget shows the notice and your terms together in a dialog with an I agree button, and shoppers can’t dismiss the dialog without agreeing:
  • In the floating chat, the dialog appears when the chat opens, and the shopper can’t type until they agree.
  • In the embedded chat, the dialog appears after the shopper sends their first message.

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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
  • Chat and interaction data stored securely in 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
No technical steps are required from your team to enable these protections.

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Live try-on

If your storefront offers live try-on, shoppers see a separate consent screen before a try-on starts. The disclosure on that screen explains that live try-on streams video from the shopper’s camera and that Remark derives body geometry from it, which is biometric data. It also tells shoppers that Remark uses this data only to render the try-on and monitor quality, and deletes it, including any sampled video, within 7 days. Before starting, the shopper must confirm they are 18 or older and consent to the collection and processing of their biometric data. Remark saves that consent in the shopper’s browser and doesn’t ask again there.

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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.
The widget’s appearance is fully customizable. When you set brand colors in the dashboard, Remark picks a contrasting text color for buttons and other filled elements, but it doesn’t check custom CSS, fonts, or other styling changes. Remark cannot guarantee that those customizations maintain WCAG 2.1 AA requirements like color contrast. Please verify custom themes against accessibility standards.
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.

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Optional Policy References

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📄 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.

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♿ 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.

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What We Recommend for Brands

While the widget itself is compliant, we suggest two simple best practices:
  1. Add the Privacy Policy reference above so counsel can acknowledge Remark’s role as a service provider.
  2. Optionally include the Accessibility Statement reference to show proactive ADA transparency.
That’s all! There are no technical or operational tasks required for compliance.
Questions?
Contact your Remark Merchant Success Manager or email privacy@remark.ai for further details.