Privacy Policy

Update Date: October 2024

I. INTRODUCTION

IdeaLabs Pte. Ltd. ("we," "us" or "our") takes your privacy seriously. This Privacy policy ("Privacy policy") explains our data protection policy and describes the types of information we may process when you access our website ("Website") and/or install and/or use "VividChat" software application for web browsers and mobile devices (the "Service", "our Service").

When we refer to personal data (or personal information) we mean any information of any kind relating to a natural person who can be identified, directly or indirectly, in particular by reference to such data.

It is a natural person who can be identified directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social status.

Our Privacy policy applies to all users, and others who access the Website and/or the App ("Users").

For the purposes of the GDPR, we are the data controller, unless otherwise stated.

PLEASE READ THE FOLLOWING PRIVACY POLICY, FOR INFORMATION REGARDING THE WAYS YOUR PERSONAL INFORMATION MAY BE PROCESSED, CAREFULLY. WHEN YOU USE THE WEBSITE AND/OR THE APP YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

II. INFORMATION WE PROCESS

There are several categories of information that can be processed.

Functional Information

We ask for and process the following information when you our Web Product, iOS App, or Android App (collectively referred to as "the Service"). This information is necessary for the adequate performance of the contract between you and us. Without such information it is impossible to provide complete functionality of the Service and perform the requested services.

User Content (i. e. the text you enter into the message field, images you scan and send to the Service, as well as any text, other content generated by AI via the Service). Subject to your compliance with certain rules and restrictions outlined in our Terms of Use, you may dispose of, use, share, otherwise exploit your User Content for your own purposes. However, any use of User Content is at your sole risk, i. e. you assume and bear all risks and responsibility associated with your use of User Content. It is your sole responsibility to ensure compliance with the applicable laws while using the User Content. Please note that we engage the third party service provider - OpenAI, L.L.C. - for the purpose of processing and creation of AI-generated User Content. Please check Section IV to learn more about the privacy policy and practices of OpenAI, L.L.C. And we engage a third party service provider for the purpose of processing voice messages. Please learn more about the privacy policy here.

Activity Information directly related to your use of the Service. After you set the relevant settings on your device we may have technical access to your camera or Photos - to be able to analyze the images you upload to the Service and save the files generated via the Service. However, we cannot collect, store or use the images or files contained in your Photos unless you upload such images or files to the Service or otherwise share them.

Contact Information (name, e-mail address, as well as any other content included in the email) which you may fill in by yourself when you contact us via email, support form. We collect, store and process it by our cloud storage provider (Amazon.com, Inc.). We use such information to respond effectively to your inquiry, fulfill your requests, send you communications that you request and perform the requested services.

Browser and Device Information: When you access our Web Product, we may collect information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Web Product, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Web Product, and information about how you interact with the Web Product. We refer to this automatically-collected information as "Device Information".

Account Information: If you create an account on our Web Product, we may collect additional information such as your username, password, and any other information you choose to provide in your account profile.

Payment Information: If you make a purchase through our Web Product, your payment information (such as credit card details) is processed by our payment processor and we do not store this information. However, we may retain your purchase history.

Information That Is Processed Automatically

On the basis of your permission we use third-party automatic data processing technologies (advertising or analytics tools) to analyze certain information sent by your device via our Service (including our website, iOS App, and Android App) (Identity For Advertisers for iOS devices). Some integrated advertising or analytics tools (check Section IV to see the list of them) launch automated processing of your personal data, including profiling, which means any form of automated processing of personal data used to evaluate certain personal aspects relating to you, in particular to analyze or predict aspects concerning your personal preferences, interests, behavior, location or movements (see the list of data described below). Processing information through automatic data processing technologies starts automatically once you allow our Service to track your activity. You can withdraw your permission at any time - please check opt-out options in Section VIII below.

We may process some information about your device and your user behaviour on the ground of our legitimate interest. This information falls within categories of data described above in Subsection "Information That Is Processed Automatically", it is generally non-personal, i.e. it does not, on its own, permit direct association with any specific individual, and we may access it only in aggregated form. We use this information for improving our Service and giving our users the best experience.

Please note that the specific data collected may vary depending on whether you are accessing our Service via our website, iOS app, or Android app. We strive to collect only the information necessary to provide and improve our Service across all platforms.

Information provided automatically to advertising or analytics tools does not generally come to our control, therefore we cannot be responsible for processing such information. Please mind that some services are engaged in personal data profiling and may obtain information related to your personality and/or your device by using technologies that do not belong to our scope of responsibility. We do not control, supervise or stand surety for how the third parties process your personal data, that might be collected by their own means (not through our Service). Any information request regarding the disclosure of your personal information should be directed to such third parties.

 

Payment Information

Our e-commerce provider is responsible for billing, processing and charging for purchases made through our Service (including our website, iOS app, and Android app). We cannot access or use your credit or debit card information.

You may access the applicable "in-app" purchase rules and policies directly from our e-commerce provider. These rules and policies apply to all transactions made through our Service.

III.THE PURPOSES OF PROCESSING YOUR PERSONAL DATA

Our mission is to constantly improve our Service and provide you with new experiences. As part of this mission, we use your information for the following purposes:

(a) To make our service available. We use functional information and information that is processed automatically to provide you with all requested services.

(b) To improve, test and monitor the effectiveness of our Service. We use information that is processed automatically to better understand user behavior and trends, detect potential outages and technical issues, to operate, protect, improve, and optimize our Service. This includes using your data to refine our artificial intelligence and machine learning models.

(c) To personalize the services.We use information that is processed automatically to tailor our offerings to better meet your needs.

 

(d) To prevent fraud and spam, to enforce the law. We really want our Service to be free of spam and fraudulent content so that you feel safe and free. We may use your information to prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities, protect our trademarks and enforce our Terms of Use.

(e) To manage your account. The Personal Data you provide allows us to handle your registration and grant you access to various features of the Service available exclusively to registered users.

(f)To facilitate business transfers. Your information might be utilized in the assessment or execution of mergers, divestitures, restructurings, reorganizations, dissolutions, or other transactions involving the sale or transfer of part or all of our assets. This includes scenarios such as ongoing business concerns or during bankruptcy, liquidation, or similar proceedings, where Personal Data we hold about Service users could be among the transferred assets.

 

(g)To fulfill legal requirements and protect rights.Your information might be utilized in the assessment or execution of mergers, divestitures, restructurings, reorganizations, dissolutions, or other transactions involving the sale or transfer of part or all of our assets. This includes scenarios such as ongoing business concerns or during bankruptcy, liquidation, or similar proceedings, where Personal Data we hold about Service users could be among the transferred assets.

 

(h) To communicate with you. We use the contact information we have to communicate with you through newsletters, i.e. to send you marketing notifications, receive your feedback about our App experience, and let you know about our policies and terms. We also use your information to respond to you when you contact us.

(i) To serve additional purposes.We may utilize the information for any additional purposes that align with its original collection intent.

We may merge the data gathered from you through our Services with information obtained from other sources. Additionally, we may aggregate or de-identify data collected via the Services. De-identified or aggregated information can then be utilized and shared for various purposes, including but not limited to research and marketing initiatives.

If any new purposes for processing your personal data arise we will let you know we start to process information on that other purpose by introducing the corresponding changes to this Privacy policy.

IV.SHARING OF YOUR INFORMATION

We will share your information with third parties only in the ways that are described in this Privacy policy.

Please note that while integrating external services we choose third parties that can assure they apply all necessary technical and organizational measures to protect user personal data. However, we cannot guarantee the security of any information transmitted from us to any such third party. We are not responsible for any accidental loss or unauthorized access to your personal data through a fault of third parties.

We will not rent or sell your personal data to any third parties, but we may share your information from tools like log files, and device identifiers and location data, with third-party organizations that provide automatic data processing technologies for the App. We do not control or influence these third parties’ tracking technologies or how they may be used.

We may also share certain information with third-party advertising partners. This information allows third-party ad networks, inter alia, to deliver targeted advertisements that they believe will be of most interest to you.

We may engage the following third-party service providers in order to provide us with necessary infrastructure for delivery and improvement of our services:

• Amazon.com, Inc.: https://services.amazon.com/privacy-policy.html

• Flurry Inc: https://www.verizonmedia.com/policies/us/en/verizonmedia/.privacy/index.html

• AppsFlyer Inc: https://www.appsflyer.com/privacy-policy/

• Facebook: https://www.facebook.com/privacy/explanation

• Firebase: https://policies.google.com/privacy

https://firebase.google.com/support/privacy?hl=en

• OpenAI, L.L.C.: https://openai.com/privacy/. To learn more about applicable terms with respect to User Content, visit https://openai.com/terms/

• Google (Google Sign-In) & Google Analytics: https://policies.google.com/privacy

• Stripe: https://stripe.com/privacy

• Apple (Sign in with Apple): https://www.apple.com/legal/privacy/en-ww/

In case you want to learn more about the services and privacy options (including opt-out) please consult the correspondent websites and privacy policies.

Our Service may contain links to third-party websites/services or you may access the Service from a third-party site. We are not responsible for the privacy practices of these third-party sites or services linked to or from our Service, including the information or content contained within them.

More specifically, your personal information may be shared under these conditions:

(a) For Collaboration with Service Providers: Your personal information might be shared with Service Providers for tasks such as analyzing and monitoring Service usage, as well as for reaching out to you.

(b) To Facilitate Corporate Changes: Your personal information may be shared or transferred in relation to, or during the negotiation of, any merger, sale of Company assets, financing, or acquisition of all or part of our business by another company.

(c) To Collaborate with Business Partners: Your information may be shared with our business partners in order to provide you with specific products, services, or promotional offers.

(d) Upon Receiving Your Approval: With your consent, we may reveal your personal information for various other purposes.

(c) With Affiliated Entities: We might provide your information to our affiliates, who will be obligated to adhere to this Privacy Policy. Affiliates encompass our parent company, along with any subsidiaries, joint ventures, or other entities that we control or that operate under shared control with us.

(d) With Other Users: When you disclose personal information or engage with others in public areas, this information may be visible to all users and can potentially be shared publicly. If you interact with others or sign up via a Third-Party Social Media Service, your contacts on that service might see your name, profile, pictures, and details about your activities. Likewise, other users will have the ability to view your activity descriptions, interact with you, and see your profile.

We may disclose your personal information if it is needed for objective reasons, due to the public interest or in other unforeseen circumstances:

 

V. MANAGING YOUR PERSONAL DATA

Managing your personal data is crucial for providing you with a secure and effective Service. This section outlines our policies on the retention, deletion, and transfer of your Personal Data. We ensure compliance with legal obligations and strive to protect your information through adequate security measures. By using our Service and consenting to our Privacy Policy, you agree to these practices, allowing us to store, use, and transfer your data as necessary. Your cooperation helps us maintain a safe and efficient environment for all users.

Retention of Your Personal Data

The Company will keep your Personal Data only for the duration needed to achieve the objectives specified in this Privacy Policy. We will store and utilize your Personal Data as required to adhere to our legal responsibilities (e.g., if retention is mandated by applicable laws), resolve disputes, and uphold our legal agreements and policies.

The Company will additionally store Usage Data for the purpose of internal analysis. Normally, this data is retained for a brief period, unless it is needed to enhance security measures or improve the functionality of Our Service. In certain cases, legal obligations may require us to keep this data for extended durations.

Deletion of Your Personal Data

You have the right to remove or ask for our assistance in erasing the Personal Data we have gathered about you. Our Service may provide you with the option to delete specific personal information directly within the platform.

You have the ability to update, modify, or remove your information at any time by logging into your account, if you have one, and navigating to the account settings section to manage your personal details. Additionally, you can reach out to us to request access to, correction of, or deletion of the personal information you have provided.

Be aware, however, that we may be required to retain certain data due to legal obligations or other legitimate reasons.

Transfer of Your Personal Data

Your information, including Personal Data, may be processed at the Company's operational centers and other locations where the processing parties are situated. This means that your data could be transferred to and stored on computers outside your state, province, country, or other governmental region, where data protection laws may differ from those in your jurisdiction.

By agreeing to this Privacy Policy and providing your information, you are consenting to its transfer. The Company will take all reasonable measures to ensure your data is handled securely and in line with this Privacy Policy. Your Personal Data will not be transferred to any organization or country without adequate safeguards in place, ensuring the protection of your data and other personal information.

VI. HOW LONG WE USE YOUR PERSONAL DATA

We generally retain your personal information for as long as is necessary for performing the functional service of the Service and to comply with our legal obligations. If you no longer want us to use your information that we physically access and store, you can request that we erase your personal information and close your account.

However, some data may still be stored for a certain time period (but no longer than the storage purpose requires) if information is necessary to comply with legal obligation (taxation, accounting, audit) or in order to maintain safety and data backup settings, prevent fraud or other malicious acts.

VII. EXERCISING YOUR RIGHTS

Applicable data protection laws give you certain rights regarding your personal information. You have the following options in relation to your personal information that was collected:

To exercise any of the rights described above, you can contact us through support.vividchat@idealabs.mobi. We process and answer your requests without undue delay and in any event within one month of our receipt of the request unless a longer period is required due to the complexity of the request. In this case, our response time can be up to three months in total as permitted by Article 12 of the GDPR. Please bear in mind that we ensure the above mentioned rights only with respect to the information that we physically access and store.

When your personal information is processed automatically you may object to such processing in some circumstances. Where your personal information is processed for direct marketing purposes, you may ask to cease processing your data for these direct marketing purposes. In order to exercise your right please contact the third party services listed in the Section IV of this Privacy policy to learn how you can object to processing your data. Most of them have clear instructions on their privacy pages, functional API or other options.

VIII. HOW TO OPT OUT

Opt-out of marketing tracking

If you don’t want third-party service providers to use the personalized ads on the basis of your interests please follow the instructions below:

For iOS devices: Choose option "Limit Ad Tracking" on your iOS device in Settings/ Privacy/ Advertising, please find additional information here: https://support.apple.com/en-us/HT202074

For Android devices: Go to Settings > Google > Ads > Opt out of Ads Personalization.

For Web Users: Use browser settings or privacy extensions to limit tracking or opt-out via privacy settings within our Service (if available).

Please mind when you opt out of certain interest based advertising, you may still continue to receive contextual ads based on other non-personal information, such as ads related to the content of other digital products you are using.

Opt-out of Location Data Processing

If you don’t want third-party service providers to use your precise location data, or street-level location information about you please follow the instructions below:

For iOS Users: iOS 11 or later: turn Location Services off for the applicable Product via the menu "Settings > Privacy > Location Services". Then select the applicable App and set the "Share My Location" status to "Never". Please see additional information here: https://support.apple.com/en-us/HT203033.

For Android Users: Go to Settings > Apps > [Our App] > Permissions > Location. Then Select "Don't allow" or "Allow only while using the app".

For Web Users: Adjust location permissions in your browser settings or deny location access when prompted by our Service.

Disclaimer: The opt-out procedures described above may vary depending on your device type, operating system version, browser version, country, or region. These instructions are provided as general guidance and may not be exact for all users. If you encounter difficulties or find that the steps differ for your specific situation, please consult your device's or browser's official documentation or contact our customer support for assistance.

IX. SECURITY

The security of your personal information is highly important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Personal data may be processed by both automated and non-automated means and may be stored at our premises and on our service providers’ servers. We adopt technical and organizational measures designed to prevent the loss, improper use and alteration of your personal data. In some cases, we may also adopt data encryption and pseudonymization measures. However, transmissions over the Internet are never 100% secure, and you should not provide any personal data if you want to avoid any risk.

We implement appropriate technical and organizational measures, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the processing. We seek your personal data to be encrypted with proper and strong encryption algorithms, including hashing where possible.

Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We do our best to protect your personal data, nevertheless, we cannot guarantee its absolute security. In the event that your personal information is compromised as a breach of security, we will promptly notify you in compliance with applicable law.

If you have any questions about the security of our Service, you can contact us through the contact form displayed below.

X. CHILDREN’S PRIVACY

Our Service is not intended for individuals under 18 years old. We do not intentionally gather personally identifiable information from children under 13. If you are a parent or guardian and find out that your child has given us Personal Data, please reach out to us. Should we discover that we have unknowingly collected Personal Data from a child under 13 without parental consent verification, we will promptly take steps to delete that information from our servers. If you believe that we might have any information from or about a child under 13, please contact us.

If we must depend on consent as the legal basis for processing your data and your country mandates parental consent, we may ask for your parent's approval before gathering and using that information.

XI. IF YOU ARE A CALIFORNIA RESIDENT PLEASE READ THE FOLLOWING IMPORTANT NOTICE

California Residents

The California Consumer Privacy Act (CCPA) requires us to disclose categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it, which we have explained above.

We are also required to communicate information about rights California residents have under California law. You may exercise the following rights:

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

We do not sell the Personal Information of our users.

For more information about these rights, please contact us.

California Online Privacy Protection Act (CalOPPA)

CalOPPA requires us to disclose categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it, which we have explained above.

CalOPPA users have the following rights:

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

We do not sell the Personal Information of our users.

 

Our Service might include links to external websites that we do not manage. When you click on a third-party link, you will be taken to that third party's site. We highly recommend that you review the Privacy Policy of each site you visit.

We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services.

XIII. CHANGES TO THE PRIVACY POLICY

This Privacy policy is updated regularly.

Whenever we change this Privacy policy, we will post those changes to this Privacy policy and other places that we consider appropriate. Additional forms of notice of modifications or updates as appropriate under the circumstances may be provided to you.

XIV. CONTACT US

If you have any questions about this Privacy policy, please feel free to contact us via support.vividchat@idealabs.mobi.