Privacy Policy
Version 1.0 | Effective date: June 1, 2023
1. INTRODUCTION
1.1. M/s. Hyperleap Software Technologies Private Limited, a company incorporated under provisions of the Companies Act, 2013, and having its registered office at T-Hub, Phase 2, Madhapur, Hyderabad, Telangana 500081 ("Hyperleap","Company", "We", "Us", "Our") is a generative Artificial Intelligence ("AI") platform that bridges the gap between AI's potential and real-world application and enables the individual and/or the entity they represent ("Clients", "You", "Your", "Yourself" or "User"), as the case may be, to use the artificial intelligence tools made available to You.
1.2. We provide Our Services through Our website as well as any other media form, media channel, website or mobile application related, linked, or otherwise connected thereto, which are owned by us, including without limitation the following websites: https://hyperleap.ai, https://api.hyperleap.ai, https://studio.hyperleap.ai ("Platform"). Based on the subscription model chosen by You, the Platform may be hosted on the Company Hosting Server or the User Hosting Server, as laid down under the Payment Terms.
1.3. This Policy outlines Our practices and policies, the kinds of information that We may collect from You when You access or use the Platform, the reasons for and methods for collection, how We use and disclose the information that We gather from You for Your use of the Website, as well as security practices and procedures for safeguarding Your privacy in relation to the information shared with Us. You agree to be bound by the terms and conditions of this Policy by accessing and using the Platform, which will be deemed to create a legal contract between You and Us. It is recommended that You read this Policy carefully so that You understand Our policies and practices.
1.4. Unless We define a term in this Policy, all capitalized words used in this Policy have the meaning as ascribed in Our Terms of Use, or any other agreement that you have entered into with Us.
1.5. This Policy must be read in conjunction with and construed in accordance with the applicable laws of the country from which You access and use the Platform, including without limitation, the provisions of Information Technology Act, 2000 read with applicable rules, for Your access and use of the Platform.
1.6. We reserve the right to amend, change or update this Policy at Our discretion. You agree to be bound by any updated policies with Your continued access and/or use of Our Platform and subsequently Our Services after any such changes have been duly notified in any form to You. Any such changes to the Policy will be notified only to the owner of the registered Account and not all such ancillary users of that Account. We recommend that You shall update Your details with Your active and correct email address with Us for smooth communication. We will not be liable in case the registered email is inactive, incorrect, or not updated for any claims regarding and not limited to communication gaps, liabilities, and legal claims with regard to this Policy.
1.7. We do not sell Your personal information, nor do We intend to do so. We do not give access to Your personal information to third parties.
2. CHOICES AVAILABLE TO YOU REGARDING COLLECTION, USE AND DISTRIBUTION OF YOUR INFORMATION
2.1. Sharing Your Information (as defined below) is entirely voluntary. You need not register with Us, however, upon Your non-registration, You may not have access to Our Platform and the Services provided by Us.
2.2. Further, if You register with Us, and upon Your request We will remove/block Your Information from Our database. However, Your Information may remain stored in archive on Our servers even after the deletion or termination of Your Account. You may lose access to Our Platform and services pursuant to the cancellation of Your registration.
2.3. If We plan to use Your Information for any commercial purposes, We will notify You at the time We collect that information and allow You to opt-out of having Your Information used for those purposes.
3. WHAT INFORMATION IS, OR MAY BE, COLLECTED FROM YOU
3.1. Anonymous information in standard usage logs through Our Platform's server, including computer-identification information obtained from "cookies" sent to Your browser from a web server cookie stored on Your hard drive, an IP address assigned to the computer which You use, geographical location, the domain server through which You access Our service, the type of computer You are using, the type of web browser You are using, the identification of the device.
3.2. Information that You provide to Us while accessing Our Platform including without limitation, Your email address, name, profile pictures, gender, date of birth, residential/office address, demographic details, employment details, any information You might provide to Us for the creation of Your Account on Our Platform, additional information provided during and/ or for the provision of Services.
3.3. Information including the timing, frequency, and pattern of Your visit to Our Platform.
3.4. Information contained in or relating to any communication that You send to Us or send through Our Platform including the communication content and metadata associated with the communication.
3.5. For the sake of accuracy in providing Services on the Platform, You may additionally be asked to reveal or affirm information relating to You, which directly or indirectly, is capable of identifying You including but not limited to ("Sensitive Personal Data or Information (SPDI)") : (i) credentials for use of the Platform; (ii) financial information and/or financial statements; (iii) any biometric information; and (iv) any information pertaining to You or Your entity, provided to Us, which does not fall under Personal Information, to enable the provision of Services.
3.6. Information which shall be voluntarily be shared by You, in any format whereby such information shall be deemed to ascertain a person's identity, or can be reasonably ascertained, from the information or opinion including, but not limited to, when You visit the Platform and conduct any such activity whereby You shall be required to share such information, regardless of whether the information provided is true or not ("Personal Information"). Further, Personal Information shall include without limitation, information such as individual name/company name, email address, mobile number, contact details, residential/office address, demographic details, etc. In the event that You do not consent to share Your Personal Information with Us, then You shall be freely allowed to do so, but it may prevent Us from providing complete and full access and/or use of the Platform and the Services thereof.
Personal Information and SPDI shall together be referred to as "Information".
4. WE MAY ALSO COLLECT THE FOLLOWING INFORMATION:
4.1. About the pages You visit / access;
4.2. The links You click on Our Platform;
4.3. The number of times You access Our Platform;
4.4. Information pertaining to all transactions on the Platform;
4.5. The date and time You access Our Platform; and
4.6. The Platform address, if any, that linked You to Our Platform.
5. USE OF INFORMATION:
5.1. We may use Your Information for the following purposes:
5.1.1. Ensuring the Services are presented in the most efficient manner for Your use;
5.1.2. Provide, operate, and maintain Our Services;
5.1.3. Administration of Our Platform and business;
5.1.4. Personalization of Our Platform for You;
5.1.5. Develop new products, services, features, and functionality;
5.1.6. Process Your transactions;
5.1.7. Send You non-marketing commercial communications;
5.1.8. Send You email notifications that You have specifically requested;
5.1.9. Send You Our email newsletter, if You have requested it (You can inform Us at any time if You no longer require the newsletter);
5.1.10. Send You marketing communications relating to Our business which We think may be of interest to You, by post or, where You have specifically agreed to these, by email or similar technology (You can inform Us at any time if You no longer require marketing communications);
5.1.11. Communicate and transmit to third party analytics platform(s) statistical information about Your usage of Our Platform to enable Us to customize Your experience when using Our Services.
5.1.12. Deal with enquiries and complaints made by or about You relating to Our Platform;
5.1.13. Verify compliance with the terms and conditions governing the use of Our Platform.
5.2. In addition to aforesaid, You hereby expressly grant Your consent for Us to use Your entity name and trademark on the Platform and to make public statements of Our engagement for the purpose of marketing and promoting Our Services.
5.3. If You post information on Our Platform for persons other than Us, You do so at Your own risk. By doing so, You consent to their use of such information including transmitting it to others on Our Platform. Please be aware that We cannot control the actions of other users of the Platform and mobile applications with whom You may choose to share information with.
5.4. For the provision of Services and ancillary business objectives, We engage with AI Tools, third party vendors and/or partners, who shall have access to Your Information. You hereby provide Us consent to provide Your Information for the purposes as mentioned hereinabove. You additionally agree and acknowledge that it shall be Your responsibility to read and update Yourself with the privacy policy and terms of use of all AI Tools, third-party vendors and/or partners to understand how they use and/or process Your Information.
6. DISCLOSURE OF INFORMATION
6.1. We may disclose Your Information to any of Our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors as reasonably necessary for the purposes set out in this Policy.
6.2. We may disclose Your Information to any member of Our group of companies (this means Our subsidiaries, Our ultimate holding company and all its subsidiaries) as reasonably necessary for the purposes set out in this Policy.
6.3. We may disclose Your Information:
6.3.1. to the extent that We are required to do so by law;
6.3.2. in connection with any ongoing or prospective legal proceedings;
6.3.3. in order to establish, exercise, or defend Our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
6.3.4. to the purchaser (or prospective purchaser) of any business or asset that We are (or are contemplating) selling; and
6.3.5. to any person who We reasonably believe may apply to a court or other competent authority for disclosure of that Personal Information where, in Our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Information.
6.4. Except as provided in this Policy, We will not provide Your Information to third parties.
7. INTERNATIONAL DATA TRANSFERS
7.1. Information that We collect may be stored, processed in, and transferred between any of the countries in which We operate in order to enable Us to use the information in accordance with this Policy.
7.2. Information that We collect may be transferred to the following countries which may not have data protection laws equivalent to those in force in India: the United States of America, Canada, the countries belonging to the European Union, Australia, and Other countries, where Our service providers may have operations.
7.3. Information that You submit for publication on the Platform or through Our Platform may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
7.4. You expressly agree to the transfers of Information described in this Section.
8. YOUR RIGHTS
8.1. You may instruct Us to provide You with any Personal Information We hold about You, subject to the terms of this Policy. You may instruct Us not to process Your Information for marketing purposes, by sending an email to Us.
8.2. You may update Your Information provided to Us through Your Account on Our Platform. You also have all the rights as provided under the applicable laws in the country of Your residence especially, the right to:
8.2.1. Access: This allows You to be aware of and verify the lawfulness of the processing by getting confirmation as to whether or not Your Information is being processed;
8.2.2. Rectification: This allows You to rectify any inaccurate Information We have;
8.2.3. Erasure: This allows You to request the deletion or removal of Your Information where there is no compelling reason for its continued processing. However, We are entitled to retain some Information by law and for legitimate business purposes;
8.2.4. Object: This allows You to object to Us processing Your Information;
8.2.5. Consent withdrawal: Withdraw Your consent to the processing of Your Information upon changing Your mind if You had already given consent; and
8.2.6. Portability: This allows You to obtain and reuse Your Information that You have provided to Us for Your own purposes across different services (only applies to Information provided to Us with Your consent).
8.3. If You are a citizen of the European Economic Area, then under the General Data Protection Regulation (GDPR) You also have the right to:
8.3.1. Lodge a complaint with a supervisory authority;
8.3.2. Not be subject to a decision based solely on automated processing, including profiling; and
8.3.3. Be notified of a data breach.
9. SECURING YOUR INFORMATION
9.1. We will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of Your Information.
9.2. All information You provide to Us is stored on Our secure servers or Our third-party service providers. Where We have given You (or where You have chosen) a password that enables You to access certain parts of Our Platform, You are responsible for keeping this password confidential. We ask You not to share a password with anyone.
9.3. You acknowledge that information technology systems are ever-evolving in nature and while We have put in place robust information security practices to secure Your Information, the transmission of information via the internet is not completely secure. We adopt a defense in depth approach, which means there are multiple security defenses set up. If an attacker is able to bypass one security defense, they will still be faced with multiple other security defenses. However, We cannot guarantee the security of Information transmitted to Our Platform. Any transmission of Information is therefore at Your own risk, and We do not accept any liability for the same.
10. THIRD-PARTY WEBSITES
10.1. Our Platform may include hyperlinks to, and details of, third-party websites.
10.2. We have no control over, and are not responsible for, the privacy policies and practices of third parties, nor do We assume any responsibility for the data collection and use practices of those third-party websites.
10.3. We shall therefore not be liable to You for any losses, damages, costs or expenses incurred by You as a result of any reliance placed by You on any third-party websites.
11. COOKIES
11.1. Our Platform uses cookies to distinguish You from other users of Our Platform. This helps Us to provide You with a good experience when You browse Our Platform and also allows Us to improve Our Platform.
11.2. A cookie is a small file of letters and numbers that We store on Your browser or the hard drive of Your computer. Cookies contain information that is transferred to Your computer's hard drive. These cookies allow Us to distinguish You from other users of the Platform, which helps Us to provide You with a better experience when You browse the Platform and also allow Us to improve the Platform.
11.3. Some of the cookies We use are essential for the Platform to operate. If You register with Us or if You continue to use the Platform, You are consenting to Our use of cookies for the purposes set out in this policy.
11.4. Most internet browsers give You the option to reject all cookies, accept all cookies, erase cookies stored on Your computer or be notified before a cookie is stored on Your computer.
11.5. However, if You reject or erase the cookies referred to above, some of Our Platform's functions will not be available to You.
12. DATA RETENTION
12.1. We will retain Your Information for as long as is necessary to fulfill the purposes We collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
12.2. In some circumstances, We may anonymize Your Information so that it can no longer be associated with You, in which case We may use such information without further notice to You.
12.3. We will retain and use Your Information to the extent necessary to comply with Our legal obligations, resolve disputes, and enforce Our policies.
13. CHILDREN'S PRIVACY
13.1. Our Platform is not directed at persons under 18 and We do not knowingly collect Personal Information from persons under 18. If We become aware that a person under 18 has provided Us with Personal Information, We will take steps to delete such information. If You become aware that a child has provided Us with Personal Information without parental consent, please contact Us at privacy@hyperleap.ai.
14. CHANGES TO THIS POLICY
14.1. We may update this Policy from time to time by publishing a new version on Our Platform.
14.2. You should check this page occasionally to ensure You are familiar with any changes to this Policy.
14.3. We may notify You of significant changes to this Policy by email or through the private messaging system on Our Platform.
15. CONTACT INFORMATION
15.1. If You have any questions about this Policy, Our privacy practices, or Your dealings with Us, You can contact Us at:
Email: privacy@hyperleap.ai
India Office (Headquarters):
Hyperleap Software Technologies Private Limited
T-Hub, Phase 2, Madhapur
Hyderabad, Telangana 500081, India
United States Office:
Hyperleap AI Hub, Inc.
8 The Green
Dover, DE 19901, United States
16. GOVERNING LAW
16.1. This Policy shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. In the event that any disputes or claims arise with respect to this Policy or in relation to the Platform and the Services thereof, the parties shall submit to the exclusive jurisdiction of the courts in Hyderabad, Telangana, India.
16.2. If any provision of this Policy is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Policy shall otherwise remain in full force and effect and enforceable.