Privacy Policy
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General
The website https://www.bharatdiffusion.ai/ (“Website(s)”) including any related mobile sites, if any (hereinafter called the “Platform”) are owned and operated by Shopsense Retail Technologies Limited [CIN: U52100MH2012PLC236314] (“Fynd”, “we”, “us” or “our”), a company incorporated under the Companies Act, 1956, having its registered office at 1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093.
We have developed the Platform which is an AI-powered digital visual creation platform designed specifically to help users generate on-brand visuals that resonate with India’s diversity (“Service(s)”).
1The Policy is applicable to users who browse the Platform, creates an account and uses the Services offered on the Platform ("you”, “your”, “User(s)”). You will be able to access the Platform solely in relation to the Services provided on this Platform
This privacy policy (“Privacy Policy”), together with the Terms of Use govern your use of the Platform and describes our policies and procedures on the collection, use, disclosure, processing, transfer, and storage of the information provided to us by you. By using, browsing, accessing, or purchasing any Service from the Platform 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 the Privacy Policy. We shall not use the User’s information in any manner except as provided under this Privacy Policy. Capitalised terms used herein if not defined shall have the same meaning as ascribed to them under the Terms.
This document is an electronic record and is governed by the provisions under the Information Technology 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.
This Privacy Policy sets out the type of information collected from the Users including the nature of the Sensitive Personal Data or Information (defined hereinafter), the purpose, means and modes of usage of such information and how and to whom we shall disclose or transfer such information. If you are a User located outside of India, you understand and acknowledge that your Personal Information (defined hereinafter) will be processed and stored in our facilities and servers in India and/or any other country, as we choose at our sole discretion. You may at any time withdraw your consent for collection and use of your information including Personal Information or Sensitive Personal Data or Information by writing to us at support@bharatdiffusion.io_However, please note that if you withdraw your consent, we may no longer be able to provide you with the corresponding service for which you have withdrawn your consent. It is hereby clarified that your decision to withdraw your consent will not affect the Personal Information already processed based on your previous consent (prior to the withdrawal of such consent).
Please take a moment to familiarize yourself with our Privacy Policy. If you do not agree with any provisions of the Terms or this Privacy Policy, we advise you to not use or access the Platform.
This Privacy Policy applies to all current and former users accessing or using the Platform, or otherwise engaging with us through email or other means.
Some of the information that we require you to provide on first accessing or registering on the Platform is mandatory and essential to the provision of our Services to you, and hence if you do not provide such mandatory information, you may not be able to access some of the features of the Platform.
Please note that Fynd is a provider of Service and not the owner of any inputted data or the output created as a result of such inputs. The User is responsible for the data it inputs and/or generates while using the Services on the Platform.
Type of Information Collected
You may be asked to provide your information anytime you visit, access, use or browse the Platform. We may share information and use it consistent with the provisions of this Privacy Policy. We may also combine it with other information to provide and improve our Service(s), content and advertising.
You agree to provide information, which shall be true, correct, up to date and accurate. You may access, amend, alter or require deletion of your information partially or fully by contacting us at customer care id: support@bharatdiffusion.io
Platform is not directed towards minors. We do not knowingly collect Personal Information from any User who is under 18 (Eighteen) years. If we are made aware that we have collected the Personal Information of a person below the age of 18 (Eighteen) years, we will take steps to delete the information within a reasonable time frame. If a parent or guardian becomes aware that his or her child has provided his/ her information on the Platform without their consent, he or she shall contact us for the deletion of such information. In the event, where in contravention to the Privacy Policy and Terms, a person below the age of 18 (Eighteen) uses the Services, we shall not be held liable or responsible for any damage or injury suffered by such person.
We may collect a variety of information from you, including your name, password, phone number, email address and contact preferences, including any other usage and interaction details with us or our affiliates. We may collect such information which when combined with other pieces of information available with us could reasonably allow you to be identified (“Personal Information”). Personal Information shall include but is not limited to your full name, personal contact numbers, residential address, email address, gender or date of birth.
We may also collect, receive, process or store certain data or information consisting of, but not limited to:
Password;
Any detail relating to the above Personal Information categories as provided to us for providing Service;
2.4.1 Any of the information received under the above Personal Information categories by us for processing, stored or processed under lawful contract or otherwise;
(Collectively, referred to as “Sensitive Personal Data or Information”).
Use of Information Collected
We may collect, use or process your information including Personal Information and Sensitive Personal Data or Information for the following purposes:
For creating and giving you access to your registered account on the Platform and/or for provision of the Services.
To develop, deliver, process and improve our products, Services, content in order to personalize and improve your experience.
To inform you about our products, Services, offers, product updates, troubleshoot product functionality and fix bugs, upcoming events, including providing you information in relation to order confirmations, invoices, technical notices, security alerts.
For internal analytical and research purposes such as auditing, data analysis and research to improve our products, Services and customer communications.
To meet any legal or regulatory requirement or comply with a request from any governmental or judicial authority.
To resolve any request, dispute, grievance or complaint raised by you in relation to your use of the Platform.
Disclosure of Information Collected
We may from time to time be required to disclose the Information collected from you with our third party service providers who assist us in order to facilitate the provision of Services on the Platform. For instance, data collected from Users' prompts may be shared with language model (LLM) engines that enhance the functionality and performance of the Service(s) provided. Please refrain from including any personal information in prompts, as this data may be sent to LLM engines, and, consequently, data protection rules and compliances with applicable laws of India will not be applicable to such input/prompt data. Please note any such third party service provider including but not limited to LLM engines will access, process, use and store such information solely in accordance with their applicable privacy and data security policies. By using the Platform, you unequivocally consent to our right of sharing and/or disclosure of such information with such third-party entities.
We may also disclose your information when such disclosure is requisitioned under any law or judicial decree or when we, in our sole discretion, deem it necessary in order to protect our rights or the rights of other Users, to prevent harm to persons or property, to fight fraud and credit risk.
We may also disclose or transfer your information to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of us. We shall ensure that third parties to which we transfer or sell our assets will have appropriate confidentiality and security measures, at least as protective as those described in this Privacy Policy. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.
While we take best efforts to ensure that your information including Personal Information, and Sensitive Personal Data or Information is duly protected by undertaking reasonable security measures prescribed under applicable laws, you are strongly advised to exercise reasonable discretion while providing Personal Information, Sensitive Personal Data or Information while using the Services given that the internet is susceptible to security breaches.
You understand and acknowledge that any information provided by you and/or your end users to us (including any prompt data collected by the Platform in the course of provision of the Services) would be considered public and that we will not ensure the veracity, authenticity, security or confidentiality of any such. You hereby represent and must procure from your end users corresponding representation that you and your end users have all requisite right license and permits to share any and all information that you provide to us (including any data collected by the Platform in the course of provision of the Services) and our use of such information will not be in breach of any confidentiality obligations and/or intellectual property rights. You hereby agree to indemnify, defend and hold us (including our employees, directors, representatives and affiliates) harmless against any claims, losses, damages, fines or expenses incurred in connection the breach of the obligations set out herein by you and/or your end users.
Your information may also be transferred, stored or processed in any country other than the one where you access the Platform. For purposes of sharing or disclosing data in accordance with the Privacy Policy, we reserve the right to transfer your information outside of your country. By using the Platform, you consent to such transfer of your information outside of your country and also to our affiliates, subsidiaries and partners ( and their personnel and subcontractors).
We reserve the right to conduct a security review at any time to validate your identity, age, the state from where you are accessing the Platform and other registration data provided by you and to verify your use of the Services for potential breach of our Terms and/or of the applicable law. By using the Platform, you authorize us, our staff, agents to use your Personal Information and to disclose your Personal Information to third parties for the purposes of validating the information you provide to us.
Security
The security of your information is important to us. We have implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the information (including Personal Information) that have under our control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. When you submit your information on the Platform, your information is protected through our security systems. Please note that we use international and industry-recognized standards such as per applicable laws, rules and regulations.
Your information is contained within secured networks and is only accessible by a limited number of authorized persons who have access rights to such systems or otherwise require such information for the purposes provided in this Privacy Policy.
Although we make best possible efforts to transmit and store all the information provided by you in a secure operating environment that is not open to the public, you understand and acknowledge that there is no such thing as complete security and we do not guarantee that there will be no unintended disclosures of any information and potential security breaches. You agree not to hold us responsible for any breach of security or for any action of any third parties that receive your Personal Information or events that are beyond our reasonable control including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
We have a strong notice and takedown mechanism in place, in case it is brought to our knowledge that the Platform or Services is being misused by you for any illegal or fraudulent activity.
Cookies Policy
Due to the communications standards on the Internet, when you visit, access or browse the Platform, we automatically receive various electronic identification data, such as the uniform resource locator of the site from which such you visit, access or browse the Platform, details of the website you visit on leaving the Platform, the internet protocol (“IP”) address, device information (including device name, operating system, time zones, and data identifiers), browser data (type of web browser the User is using, email patterns, and the name of the User’s internet service provider), and location data. This information is used solely to analyse overall User trends and to help us improve our Services. Please note that the link between the User’s IP address and the User’s personally identifiable information is not shared with third parties without such User’s permission or except when required by law or to provide or facilitate the User with the Services. Notwithstanding the above, the User acknowledges that we reserve the right to share some of the aggregate findings, including the personal information provided by the Users in an unidentifiable, aggregate form, and not the specific data with advertisers, sponsors, investors, strategic partners, and others in order to help grow the business. The amount of information sent to us depends on the settings of the web browser used by the User to access the Platforms. The User may refer to the browser used, if the User wishes to learn what information is provided to us.
The Platform uses temporary cookies to store certain data. We do not store Personal Information in cookies. Information collected by us, by any means whatsoever, that does not personally identify the User as an individual (such as patterns of utilization described above) is exclusively owned by us and may be used by us and third party service providers for technical administration of the Platforms, user administration, research, development, and other purposes.
You understand that you may set or amend your web browsers to delete or disable cookies. If you choose to disable cookies on your computer or mobile telecommunication device, it may impair, degrade or restrict access to certain areas of the Platform.
We may allow other companies or entities to serve advertisements to you. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research firms. We may target some advertisements to you that fit a certain general profile. We do not use Personal Information to target advertisements to you. In the course of serving advertisements or optimizing the Services to our Users, we may allow authorised third parties to place or recognize a unique cookie on the User’s browser.
You agree and understand that we do not exercise control over third party websites displayed as search results or links on the Platform. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit Personal Information from the Users, on which we have no control and shall not be held responsible or liable. We do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of such websites, the websites’ provider, or the information on the website.
We may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research and development, training, business intelligence, business development, or for User administration. We may share such telephone records with third parties when required by law or when required to provide or facilitate the User with the Services.
You consent to our reproduction/publishing of all testimonials and reviews given by you on the Platform in relation to the Services or the products. You agree that we may edit the testimonials and reviews provided by you and reproduce/publish such edited or paraphrased versions of the testimonials and reviews on the Platform. If the User has any concerns with the reproduction/publication of any testimonial or review provided by you, the User may contact us at Customer care id: support@bharatdiffusion.io
Opt-Out Policy
The third party service providers with whom we may share information provided by you may be permitted to market their own services or send promotional emails or engage in promotional communication with you. We shall not be liable for the same.
If you wish to remove your contact information from all our mailing lists and newsletters, you can click on the "unsubscribe" link or follow the instructions in each email message. Alternatively, you can contact us at customer care id: support@bharatdiffusion.io We reserve the right to limit membership based on availability of contact information. All Users will be notified by email prior to any actions taken.
Retention of information
We will retain User’s information and any data for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted under the applicable law.
Please be informed that your prompts and outputs are stored in Fynd’s storage securely, and it might get automatically deleted from our server once you delete them from the storage. We reserve all the rights to retain your information, prompts and/or any data for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted under the applicable law.
Modification
We reserve the right to amend this Privacy Policy at any time.
The Privacy Policy, as and when modified, shall be updated on the Platform. We encourage you to review this Privacy Policy whenever you visit our Platform to understand how your Personal Information is used.
Governing Law
The terms of this Privacy Policy shall be governed and construed in accordance with the laws of India. Any dispute regarding or arising out of this Privacy Policy shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra.
Severability
Whenever possible, each section of this Privacy Policy shall be interpreted in a manner so as to be valid under applicable law. However, in the event any provision is held to be prohibited or invalid, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or other remaining provisions of this Privacy Policy.
Feedback or Concern
If the User has any concerns, feedback, review or any request, the User is free to contact the Company at Customer care id: support@bharatdiffusion.io
Company Details:
Shopsense Retail Technologies Limited
CIN: U52100MH2012PLC236314
1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B,
Ajit Nagar, Kondivita, Andheri East, Mumbai 400093