Privacy Policy | Avataar
Last updated: July 1st, 2024
1. GENERAL
This Privacy Policy (“Policy”) describes the policies andprocedures on the collection, use, disclosure and protection of Your information by Soul Vision CreationsPrivate Limited (“Avataar”, “Company”, “we”, “us” and “our”), a private limited company having its registered office at 9th Floor, South Tower, Vaishnavi TechPark, Sarjapur Main Road, Bellandur Gate, Bangalore- 560102, Karnataka, India.
This document is an electronic record and is governed by the provisions under the InformationTechnology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
We offer different services to different clients or users (“User”, “your” or “you”) and the kind of information we collect is based on the type of Services (as set out below)you are taking from us. By receiving, using, accessing, or subscribing to our services, you agree to be bound by the terms of this Privacy Policy and consent to the collection, storage, possession, dealing, handling, sharing, disclosure or transfer of your information in accordance with the terms of this Privacy Policy. We shall not use the User’s information in any manner except as provided under this Privacy Policy.
We reserve the right to make changes to this Privacy Policy at any time and for any reason and shall update the “Last Updated” date of this Privacy Policy whenever we do so. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the website, and you waive the right to receive specific notice of each such change or modification.
2. OUR SERVICES AND TYPE OF INFORMATION COLLECTED
Avataar has developed and owns its proprietary platform “Creator” (“Platform/Services”) which is an AI-powered platform, facilitating/empowering users and brands in creating automated content and spatial experiences with export capabilities in different formats. (collectively or individually referred to as “Services”).
You are under no obligation to provide us withinformation of any kind, however your refusal to do so may prevent you fromusing some of our Services. We may also use information we collect for internalpurposes such as auditing, data analysis and research to improve our products,services and customer communications.
Without limitation, following is the informationwe collect if you avail our Services from the below options:
2.1 Option 1: Services without using our proprietary Mobile/Web App:
Catalog Information: features, images or videos of your products or services, specifications, URLs and lists of SKUs, catalog name and details.
Technical Information: Internet Protocol(“IP”) address, your browser type, type of your operating system, youraccess/engagement times, events such as impressions, interaction and engagementwith our experiential Services, the time and date of your use of the Services,and other statistics with the use of an analytical tool.
Other Information: Any kind of communicationwith you, your feedback and opinions on our Services, your survey responses,program-specific information when you participate in any marketing programs.
2.2 Option 2: Services via our proprietary Mobile/Web App:
In addition to the information captured inOption 1, we may collect the following information in this case:
Personal Information: Name, e-mail address,or any other personal information provided in responses to surveys orquestionnaires or at the time of sign in/ sign up.
Financial Information: A third-party payment gateway provider may be required tocollect certain financial information from you including, but not restrictedto, your credit/debit card number or your bank account details. All FinancialInformation collected from you by such third-party payment gateway providerswill be used only for billing and payment processes. The Financial Informationcollected from you is transacted through secure digital platforms of approvedpayment gateways which are under encryption, thereby complying with reasonablyexpected technology standards. The verification of the Financial Informationshall be accomplished only by you through a process of authentication in whichwe shall have no role to play and hence, we shall bear no liability in relationto the same. We shall neither be liable nor responsible for any actions orinactions of third-party payment gateway providers or any breach of conditions,representations and warranties given by them. We shall also not be obligated tomediate or resolve any dispute or disagreement between you and such third-partypayment service providers.
For our mobile app available on Apple App store, we get information as per Apple’s terms and conditions including but not limited to total downloads, country, source of download, overall impressions, product page views, conversion rate, intrinsic such as Apple permissions to access device.
2.3 Option 3: Services via our Web App built on headless commerce platforms
In case you avail our Services through our WebApp built on headless commerce platforms (namely including but not limited toShopify, Big Commerce etc), we additionally to the above may also get information shared by such platforms in accordance with their own terms and conditions of use.
3. COOKIES
Our Services do not use these “cookies” explicitly. Our web servers or affiliates who provide analytics and performance enhancement services collect IP addresses, operating system details, browsing details, device details and language settings.
4. USE OF YOUR INFORMATION
We may collect, use or process your information for the following purposes:
1.1 For creating, managing and giving you access to your registered account for Avataar Services.
1.2 To develop, deliver, process and improve our products, services, content in order to personalize and improve your experience.
1.3 For internal analytical and research purposes such as auditing, data analysis and research to improve our products, services and customer communications.
1.4 To meet any legal or regulatory requirement or comply with a request from any governmental or judicial authority.
1.5 To resolve any request, dispute, grievance or complaint raised by you in relation to your use of the Avataar Services.
1.6 To detect or monitor any fraudulent or illegal activity on the Avataar platform.
1.7 To develop, deliver, process and improve our products, services, content in order to personalize and improve your experience.
1.8 For marketing and promoting our Services to you.
1.9 To carry out our obligations arising from any contract entered into between you and us.
1.10 For protection against and prevent fraud, illegal activity, harm, financial loss and other legal or information security risks.
Where required under applicable law, we will only use your Personal Information with your consent; as necessary to provide you with products and/or services; to comply with a legal obligation; or when there is a legitimate interest that necessitates the use.
You shall have the opportunity to stop receiving to opt out and stop receiving marketing communications from us. In order to do the same, you shall be required to send an email to getsupport@avataar.ai.
5. DISCLOSURE OF INFORMATION COLLECTED
We share the information primarily with Mixpanel for analytics purposes only which is an analytics platform which is ISO/IEC 27001and ISO/IEC 27701 certifications. Additionally, we may share information we have collected about you in certain situations such as follows:
We may disclose your information when such disclosure isrequisitioned under any law or judicial decree or when we, in our solediscretion, deem it necessary in order to protect our rights or the rights ofother Users, to prevent harm to persons or property, to fight fraud and creditrisk.
We may from time to time be required to disclose the information collected from you to our trusted third-party service providers who assist may assist us in processes including but not limited to payment processing, customer service, advertising and marketing, security, and performance monitoring, maintaining or servicing account, hosting, processing and fulfillment of demo requests, research, auditing, data analysis etc.
6. RIGHTS AND CHOICES OF THE USERS
You have the right to access, update, delete, receive a copy of, or restrict our use of your personal data. When we process personal data based on your consent, you have the right to withdraw your consent any time.
Please log-in to your account to manage your personal data and content using our applications. You can also delete your personal data and close your account. If you do not have an Autodesk account, you may submit a deletion request over email. We may retain certain data about you for legal and internal business purposes, such as fraud prevention, in accordance with applicable laws.
To request a copy of the personal data in your account, please contact us at getsupport@avataar.ai. Consistent with applicable law, we may ask for proof of your identity before fulfilling your request, and we may ask for additional forms of verification depending on the nature of the personal information requested.
Certain jurisdictions grant individuals additional rights with respect to their personal data. Depending on where you live or applicable law, you may also have the right to:
• Object to our processing of your personal data
• Deletion or withdrawal or correction of your personal data
• Have us block or anonymize your personal data, as appropriate
• Receive a copy of your personal data to transfer it to a third party
• Opt-out of certain direct marketing communications
• Opt-out of certain disclosures of your personal information to third parties
• Opt-out of targeted advertising
• Opt-out of profiling that may have legal or other significant effects on you (Please note that we do not engage in such profiling)
• Not be denied a good or service for exercising your rights, though you may be provided a different level of service or charged a different rate or price consistent with applicable law
• Lodge a complaint with the relevant data protection authority or Supervisory Authority in the jurisdiction in which you are located
• Appeal any decision we may make regarding your requests
These rights may be limited in some circumstances by local law. For example, even if you ask us to delete your personal information, we may need to retain it to complete transactions you have requested, to comply with our legal obligations, or for other limited business purposes as required or permitted by law. To exercise the rights you may have, please contact us at getsupport@avataar.ai.
Where we process personal data on behalf of our customers, we may refer the request to the relevant customer and cooperate with their handling of the request, subject to any special contractual arrangement with that customer.
Avataar may charge nominal fees for providing such details depending upon the quantity of information it needs to provide. We shall provide the information within such time frame and shall process the data service request as per the norms set out under the General Data Protection Regulation (EU) 2016/679 (‘GDPR’). We shall maintain all records, relevant to administering this request procedure, in electronic form in a secure record keeping system.
7. STORAGE AND RETENTION OF INFORMATION
We store your data on online servers ensuring best possible protection from our end. We intend to protect it in encrypted format and also take back-up at defined intervals to ensure there is minimum data loss in case of any unfortunate circumstances.
We retain or store your Information after we cease providing Services to you, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection, and prevention or for internal purposes such as auditing, data analysis and research to improve our products, services and customer communications.
We also retain your Information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
To determine the appropriate retention period for Data, we consider the amount, nature, and sensitivity of the Data, the potential risk of harm from unauthorized use or disclosure of your Data, the purposes for which we process your Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
8. SECURITY OF DATA
The security of your personal information is important to us. We store data with AWS services, which has the highest level of security in the market. We take precautions, including administrative, technical, procedural, organizational and physical measures, to safeguard your personal information against loss, theft and misuse, as well as against unauthorized access, disclosure, alteration and destruction. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us by e-mail on getsupport@avataar.ai.
We have a standard SSL certification which basically helps us create a secure connection between our server and the user to render any information or action. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers and information access authorization controls. Only user passwords are encrypted in standard encryption and stored because generally users use the same password on multiple sites, to prevent any kind of theft, piracy, or unauthorized access. If you believe your account has been abused or hacked, please contact us by sending us an email at getsupport@avataar.ai.
We do not sell, transfer, or rent your Personal Information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We understand that you and your Personal Information is one of our most important assets.
9. TRANSFER OF DATA ACROSS NATIONAL BORDERS
Your Personal Data may be transferred and stored outside your place of residence, that are subject to different standards of data protection. We will take appropriate steps to ensure that transfers of personal data are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights.
10. INFORMATION FROM MINORS
We do not knowingly solicit data from our market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at getsupport@avataar.ai.
11. OWNERSHIP OF RIGHTS
All rights, including copyright, in this Services are owned by or are licensed to us. Any use of these Services or its contents, including copying or storing it, in whole or in part, other than for your own, personal or non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works, reverse-engineering or mirroring or using any content available on or through our Services for commercial or public purposes. You may not modify, distribute or re-post something on these Services for any purpose. We will retain your information and any data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted under the applicable law.
12. MODIFICATION
We reserve the right to amend this Privacy Policy at any time. The policies, as and how modified, shall be updated on our Website. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Services after the date such revised Privacy Policy is posted. The chief information security officer (CISO)/ Data Protection Officer is responsible for developing, implementing, maintaining, and enforcing the policy.
13. JURISDICTION
If you choose to visit our website and use our Services, your visit and any dispute over privacy is subject to this Policy. In addition to the foregoing, any disputes arising under this policy shall be governed by the laws of India and exclusive jurisdiction of the courts located at Bengaluru, Karnataka.
14. CONTACT
In case you have any questions, grievances or complaints about this Privacy Policy, or the Avataar platform or Services you may contact us at getsupport@avataar.ai.