Privacy Policy

Introduction.

Welcome, this is the Privacy Policy and Personal Data Notice applicable for our online SaaS platform available at the URL www.gyaan.ai, along with its sub-domains and other operated websites. We also recommend you to read our Terms, along with any and all of our rules, guidelines and ancillary policies (if any), all included herein by reference.

This Policy applies to our controlled website and mobile that references this Policy, along with any of our operated platforms, as well as any data we may collect across partnered and unaffiliated websites. For clarity, this Policy also applies to PI collected through the mobile and desktop version of our website, independently of the mobile operative system, mobile device or browser you use to access it.

Capitalized terms that are not defined in this Policy have the meaning given to them in our Terms. By accessing or using our Platform, you affirm that you have read, understood, and agreed to this Policy and our Terms.

Definitions.
Analytics.

We may collect analytics data or use third-party analytics tools such as Google to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users.

We may also employ third-party partners and technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices.

Navigational Data.

Also known as "log files", "server logs", "clickstream" data and "Internet Tags", they are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors.

Internet Tags.

Our Site and websites use Internet tags, also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs, they are smaller than cookies and tell the Site’s server information such as the IP address and browser type related to the visitor's computer.

Cookies.

A “cookie” is a bit of information that a website sends to your web browser that helps the site remember information about you and your preferences.

Fields used by our cookies include, but will not be limited to:
• session of anonymous customer;
• logged in customer session;
• logged in customer ID.

Internet Protocol (IP) addresses.

An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user's computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our Site, and administer and improve services to our consumers.

Technical Information Collected via the Site.

Local storage refers generally to other places on a browser or device where information can be stored by websites, ads, or third-parties (such as HTML5 local storage and browser cache).As you navigate through the Site, a desktop or a mobile browser, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as cookies, Internet tags, and navigational data.

Platform Providers.

We host our platform and the back-end of the Site using third parties, such as Amazon Web Services. Your PI will be transferred and hosted from their data centers throughout the United States and other jurisdictions.

User Generated Content.

Includes information and content that you post, upload, use, exploit, sell, subscribe to or otherwise exploit when using Gyaan AI.

Non-Personal Information.

Includes information that cannot be used to personally identify an individual person, such as anonymous usage data, general demographic information that we may collect, such as number of clicks, platform types, preferences you submit and preferences that are generated based on the data you submit.

Personal Information collected from Sub-processors.

We use the Salesforce integration in order to collect certain data and PI of our users, which will be used to feed our platform and provide our Services. In such regard, Salesforce is acting as a processor or service provider of PI on behalf of its customers, namely you, including the offering of various products and services through which you as a user of both Salesforce and Gyaan AI can sell or offer your own products and services, and also send electronic communications to other third parties such as us. For the avoidance of doubt, in this integration, Gyaan AI is acting as the controller of PI.For more information about Salesforce’s personal data policies and practices, please visit https://www.salesforce.com/company/privacy.

We also use other third party services for which you have an active account such as GSuite, Outlook in order to collect PI such as email, calendar on behalf of our users.

Personal Information.

Includes information that can be used to personally identify an individual person, such as: (e.g. name (first and last) and email address). Accordingly, you hereby represent and warrant to Gyaan AI that you have the necessary rights and authorizations required for the disclosure of any and all PI. For more information on copyright and intellectual property rights, please visit our Terms.

Thus, Personal Information collected will include, but will not be limited to: Name and Surname Date of birth, genderAddress, Phone number, Email address, IP address & geo-location, customer lists that may entail associated business opportunities which may be used to identify an individual

In addition, the terms “collect”, “process”, “treat”, “use”, “share”, “disclose”, “divulge” and analogous words shall refer to your PI and other data collected from our visitors and end users.

User Agreement & Registration.

As a user of our Site, either by simple use or when/if be asked to agree to this Policy by clicking on the “I Agree” checkbox on the registration page, pop-up box, tab or other analogous means. Through that action, you thereby acknowledge and agree to the terms of this Policy, which is and constitutes a legal, binding agreement between you and Gyaan AI.

Our Services entail integration with the Salesforce platform, in such regard, you hereby represent and warrant to Gyaan AI and to its partners, affiliates, agents, officers and sub-processors that you have any and all rights and authorizations to disclose, reveal, transfer and send to us, such personally identifiable information, including the rights to use personal image and likeness, personal and business contact details and other information.

Overall, this Policy is freely available for your review on our public website, and if you do not agree to its terms, your remedy shall consist of not registering an account and exiting the web tab through which you visited our Site. Accordingly, by registering with us and/or otherwise using our products and services (e.g. Salesforce login), you consent to the collection, transfer, processing, storage, and disclosure of your PI as described in this Policy.

​User Eligibility.

Gyaan AI does not knowingly provide its Services to persons: (i) under legal age; (ii) that are convicted criminals; (iii) that have had their account previously disabled for violations of our Terms or Policy; and/or (iv) that are otherwise prohibited from receiving our products, Services or software under applicable laws. Henceforth, if you under the age of eighteen, you may only access Gyaan AI and our Services under the direct, express and unequivocal supervision of your parent or legal guardian.

We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.

Gyaan AI does not knowingly collect any kind of information from any person under the age of thirteen (13). If we learn or have reason to suspect that any user or that any client, project or customer data is related to persons under the age of thirteen (13), we will freeze and/or delete any PI under that user’s account, without prior notice and without responsibility. How/what information do we collect?

Our platform will collect certain personally identifying information when using our Site, when registering for an account, when subscribing to any recurring service, when providing any user generated content, when using third party advertising networks, when interacting with any users, and other means which may result applicable.

We may also collect PI from you when you subscribe to a newsletter or enter your email address, answer to a survey, fill out a form, use live chat or enter information on our Site. Note that if you choose not to provide some PI, we may not be able to provide the Services or respond to user requests.

When a user links their google account to the Gyaan.ai app, the app will pull in calendar and email interactions relevant to the work the team is doing.

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

Generally, through the provision of the Services, Gyaan AI may collect the following types of PI:

Vital Interests.

We may disclose your PI where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

Lawful Disclosure.

We, or our affiliates, clients, contractors, licensors, officers, agents and/or representatives, reserve the right to allow access to any of your PI when we think it is reasonably important or when you violate the terms mentioned in this policy. Hereafter, we will have the right to disclose any or all gathered PI and/or data, when the following circumstances arise: (i) if necessary under an applicable law; (ii) in reply to a legal demand, warrant or subpoena from an agency of the law; (iii) to protect ourselves and our affiliates from any legal third party claims and procedures that may be brought to us (inclusive of takedown notices); and/or (iv) to prevent or cause cessation of any undertakings that may be construed by us as having the ability to be or cause a predicament or hazard to us.

Disclosure to Business Successors.

If our business is sold or merges in whole or in part with another business that would become responsible for providing our Services to you, we retain the right to transfer your PI to the new business. The new business would retain the right to use your PI according to the terms of this Policy as well as to any changes to this privacy notice as instituted by the new business. We will also retain the right to transfer your PI if our company files for bankruptcy and some or all of our assets are sold to another individual or business.

Disclosure to Affiliates and Partners.

We will need to share your PI with authorized third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work.

We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data on our behalf about how you interact with our Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity.

Disclosure of PI to Third Party PI Processors.

In order to provide our Services, we use third-party platforms such as Salesforce and Google API’s. Gyaan.ai use and transfer to any other app of information received from Google APIs and Salesforce will adhere to the Google API Services User Data Policy, including the Limited Use requirements and Salesforce’s own terms, policies and personal data collection practices and policies respectively.

Accordingly, by acknowledging your consent to this Policy, you are also acknowledging being subject to the applicable terms and conditions of such third party platforms. Upon the case of any discrepancy or conflict among this Policy and the terms of them, the terms of the latter entities will govern.

Our Site may also present our commercial partner’s hyperlinks as well as those of other third parties. Once you have used these links to leave our Site or websites, you should note that we do not have any control over other websites. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such platforms and that such platforms are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

End User Data

End user data collected to assist with access and authentication to our services and includes ‘name’, ‘email’, and `profile_pic` of all Gyaan users. We keep your data indefinitely unless you request deletion by contacting us directly. Gyaan retains data as long as Gyaan has a need for its use, or to meet regulatory or contractual requirements. Once data is no longer needed, it is securely disposed of or archived. Gyaan in consultation with legal counsel may determine retention periods for data. You may request deletion of your account by emailing Gyaan’s team at help@gyaan.ai.

Commercial Message Communications Authorization.

Occasionally, we will ask you for express permission and approval to receive electronic messages in electronic format which are then sent to an electronic address and that contains a message asking recipients to participate in commercial activities such as newsletters, purchase of products, services and invitations to participate in surveys.

We will send you service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our services, we might send you an email. Generally, you may not opt-out of these communications, which are neither commercial nor promotional in nature.

Generally, you have the right to object to the processing of your PI if grounds for said objection are to direct marketing. You also have the right to opt out of receiving promotional communications at any time by: (i) contacting us; (ii) when we may ask you to confirm or update your marketing preferences if you instruct us to provide further the features and functionality of the Site in the future; (iii) if there are changes in the law, regulation, or the structure of our business.

Cookie Policy.

Periodically, we may place what are known as ‘cookies’ inside your computer device for the purpose of tracking and collecting data in regard to your utilization of our Site, our websites and our Services. These files are small texts that our site transfers to your device, and which allow us to recognize you and obtain certain data. By agreeing to accept our use of cookies, you are giving us, and the third parties we partner with, permission to place, store, and access some or all the cookies described below on your computer:

  • Necessary Cookies. These cookies are necessary for proper functioning of our Services, such as displaying content, logging in, validating your session, responding to your request for services, and other functions. Most web browsers can be set to disable the use of cookies. However, if you disable these cookies, you may not be able to access features on our website correctly or at all.
  • Functional Cookies. These cookies enable the Site to remember our user’s choices while using our Services, such as their language, user name, and other personal settings. They can also be used to deliver services, such as letting a user make a blog post, listen to audio, or watch videos on the Site.
  • Efficiency Cookies. These cookies collect information about how you use Gyaan AI (e.g. which pages you visit, and if you experience any errors). This helps us to improve the way our Services work, understand the interests of our users, and measure the effectiveness of our advertising. Some of our efficiency cookies are managed for us by third parties, and these cookies do not collect information that could identify you.
  • Demographics and Interests Reporting Cookies. These cookies allow devices to link the actions of a user during a browsing session and for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a platform so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; thus, they are not stored long term.
  • Persistent Cookies. These cookies are stored on a user’s device in between browser sessions, which allows us to remember the user’s preferences or actions across a website (or, in some cases, across different websites).
  • Session Cookies. We use session cookies to operate our Service by remembering the user credentials that you use for our Site. Please keep in mind that the user access credentials for admin accounts are encrypted and are not shared with any user.
  • Preference Cookies. We use preference cookies to remember your preferences and other settings.
  • Security Cookies. We use security cookies for various security purposes.

We may also collect and use the data contained in log files, which may include your IP address, your ISP, the browser you used to visit our platform, the time you visited our platform and which sections you visited.

When you access our platform via a mobile device, we may use your mobile device ID (i.e. the unique identifier assigned to a mobile device by the manufacturer) and/or Advertising ID (for Apple iOS) instead of cookies in order to recognize you and track displayed web pages, along with their performance. For the latest versions of Apple iOS, your device would request you one or more times for your express consent for advertising tracking.

To help control or block certain ads in mobile applications, you may choose to download and utilize the DAA mobile app.You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. If you wish so, you can easily disable cookies on your web browsing software by following the step-by-step guides located at you can visit www.youradchoices.com and www.youronlinechoices.eu for EU visitors.

For mobile users, you have controls in your device’s mobile OS that enables you to choose whether to allow cookies, or share your advertising ID with companies like Gyaan AI or our advertising service providers. For information on controlling your mobile choices, you can visit www.networkadvertising.org.

Do-Not-Track Disclosure & Opt-out Choice.

For information about and to opt out of interest-based ads from many ad networks, you can visit:

  • USA: Digital Advertising Alliance’s Consumer Choice webpage and the Network Advertising Initiative Consumer Opt-Out webpage.
  • Canada: Digital Advertising Alliance of Canada’s Opt-Out Tool webpage.

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized.

As such, to the best of our knowledge, we currently do not respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

Your Choices as Our User.

You can decline to submit certain information and PI to Gyaan AI, in which case we may not be able to provide certain of our Services to you. You can also control the types of notifications and communications we send, limit the information shared within our platform about you, and otherwise modify certain privacy settings on your browser and device. You can update or modify your account information at any time by logging in to your account. You may also make a number of other adjustments to settings or the display of information about you.

Any deleted content will not be able to be removed from third party sites from which it has been shared via Gyaan AI’s standard sharing features. Please keep in mind that we have no control over deletions or changes to your content if it has been shared manually by others once it becomes public domain.

Security of Collected Information.

The security of your PI is important to us, but please remember that no method of transmission over the Internet or another method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.​

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all requirements and implement additional generally accepted industry standards.​

We review security issues as soon as possible and users can report any security issues by emailing security@gyaan.ai. In case of a potential severe security incident, we are committed to informing any affected users.

Notice to California Residents.​

Pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”), Gyaan AI and its affiliates hereto provide the following Policy notice regarding the categories of PI that we have collected or disclosed within the preceding twelve (12) months about California residents who are not employees, independent contractors, owners, directors, officers, or job applicants of Gyaan AI, or emergency contacts or benefits beneficiaries of the foregoing.

Henceforth, the CCPA provides Californians with the following rights:

  • Requests for Information: you (or your authorized agent) can request a copy of your PI, including how we have collected, used, and shared your PI over the past 12 months (if any), including the categories of PI we collected and our purposes for doing so; the categories of sources for that information; the categories of third parties with whom we shared it for a business purpose and our purposes for doing so.
  • Your Right to Notification: under the CCPA, we cannot collect new categories of PI or use them for materially different purposes without first notifying you.
  • Nondiscrimination for exercising your CCPA Rights: the CCPA prohibits us from discriminating against you for exercising your rights under the law. Such discrimination may include denying services, charging different prices or rates for services, providing a different level or quality of services, or suggesting that you will receive a different level or quality of goods or services as a result of exercising your rights.
  • Your Right to Delete PI: you can request that we delete your PI by contacting us. You also can request that we delete specific information, and we will honor such requests, unless a due exception applies, such as when the information is necessary to complete a transaction, verify a fraud, review a chargeback or contract for which it was collected or when it is being used to detect, prevent, or investigate security incidents, comply with laws, identify and repair bugs or ensure another consumer’s ability to exercise their free speech rights or other rights provided by law. Please be reminded that inactivation of your Salesforce account or the inaccessibility of its associated data would render our platform and Services inoperable.

Please take into consideration that we may deny your deletion request if retaining the PI is necessary for us, our affiliates or our service providers in order to:

  • Complete the transaction for which we collected the PI information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug our products to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  • Comply with a legal obligation that has substantive grounds;
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Overall, we have, may or will collect the following categories of PI from our users, customers and individuals, as necessary to fulfill our legal obligations and operational business purposes:

  • Personal information, as defined in the California customer records law, such as contact information and financial information;
  • Identifiers, such as online identifier, IP address and name;
  • Financial information, such as transaction information and history and securities trading information and history;
  • Internet or network activity information, such as browsing history and interactions with our and other websites and systems;
  • Geo-localization data, such as device location and IP location;
  • Audio, electronic, visual and similar information, such as video recordings and multimedia content created in connection with our business activities; and
  • Inferences drawn from any of the PI listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
GDPR Notice and your Rights as Data Subject.​

For the purposes of the GDPR, in the European Union, Gyaan AI is a “data controller” of the PI you provide to us for the primary purposes of providing you with our services.

For our European Union customers and users, by clicking the "I Accept" button or otherwise accepting the terms and conditions of our services through a clickable action or similar action, you hereby acknowledge, agree and unequivocally consent to the collection, process, management, treatment, transfer and authorized of your PI by Gyaan AI, its affiliates and authorized third parties.

The section below covers the certain situations that you, as data subject, and we, as data controller, are most likely to see, but you should also carefully review the full list of data subject rights here: https://gdpr-info.eu/chapter-3/. You retain the right to access, amend, correct or delete your PI where it is inaccurate at any time.

  • Right to be Forgotten: You can request us to be “forgotten”; that is, to have your entire PI removed from our service. If we are asked to do this, we will remove any PI you we collected from you as requester. We will also need to contact any third parties that process your PI on our behalf, such as our cloud service providers. To ensure that any personal data in Gyaan AI’s possession can be removed in a timely manner, you can relay any request to be “forgotten” to us by submitting a request-
  • Right to Data Portability: Under the GDPR, our users located in the EU may request Gyaan AI to send them any PI in our possession. In this case, we will provide you with any PI that you have in a commonly used, machine-readable format.
  • Right to Data Access: As a data subject, you can ask Gyaan AI to confirm how and where your PI is being stored and processed. You also have the right to know how such that data is shared with third parties by us.
  • Right to Data Rectification: As data subject, you have the right to obtain from Gyaan AI, without undue delay, the rectification of inaccurate PI concerning you.
  • Right to be Informed: You have the right to be informed about the PI we collect from you, and how we process it.
  • Right to Object: You have the right to object to us processing your PI for the following reasons:
  • Processing was not based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
  • Direct marketing (including profiling);
  • Processing for purposes of scientific/historical research and statistics; and
  • Rights in relation to automated decision-making and profiling.
  • Automated Individual Decision-Making and Profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
  • Right to Complain: You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the GDPR. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.

Your privacy request must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the PI with regard to which you seek to enforce any of your privacy rights. If you request rectification, please indicate amendments to be made and attach documentation to back up your request.

Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your PI from our services within thirty (30) days. In case of secure databases under our control where deletion is impossible, we will make such information permanently inaccessible.

Amendments to this Policy.​

Periodically, and at the final discretion of ourselves, we may update, change, suspend and/modify or our Site, our Services, this Policy and/or our Terms, in whole or in part, at any moment and without prior notice. We hereby reserve such right in order to operate our business and protect ourselves. Your use after any changes indicate your acceptance thereof and we will post a notice regarding such changes on our Site, and may also write an email to you or otherwise notify you. If a situation warrants that we change our privacy policies and procedures, we will try to post those changes on our platform, indicating the date where the changes will become effective, and thus we encourage you to review our web pages periodically. If we make any changes to this Policy that materially change how we treat your personal information, we will endeavor to provide you with prompt notice of such changes, such as through a prominent notice on the Site, through a push notification or to your email address of record. Where required by law, we will obtain your consent or give you the opportunity to opt-out of such.

Governing Language.

From time to time, this Policy may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of the Site and our products and services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

Contact.

If you have any questions or comments about us, our Site, our Terms and/or this Policy, please contact us via email to info@gyaan.ai. Note that communications made by email or the “Contact Us” page does not constitute legal notice to the Gyaan AI legal entity.

​Date of last effective update is Jan 4, 2023.​​