Effective Date: August 1st, 2024
PRIVACY POLICY
101GenAI, Inc., having its registered office at Delaware at 5953 Cahalan Ave, San Jose, CA, 95123, United States of America (“Us”, “We”, “Company” or “Our”) owns, operates and manages a website under the name and style of Gen101 accessible at https://www.101gen.ai/, (referred to as “Platform”). The Company provides access to its software as a service in relation to development of Co-pilot and include limited access and use rights to the (a) hosted Service, (b) API service, (d) Platform, (c) support service, and (d) any other similar generally applicable services that the Company provides to its customers in accordance with the documentations (“Services”).
For the purpose of this privacy policy (“Privacy Policy”), wherever the context so requires the term “You”, “you”, “Your”, “your”, or “User”, shall mean and include: (i) any person who visits, uses or accesses the Platform; and (ii) anyone who signs-up on the Platform and uses the Platform to avail the Services or provide Services.
Please note the Company does not allow User under 18 years of age, to use or access the Platform and avail the Services on the Platform. The Services can be accessed, used and availed through the Platform in accordance with Our terms of use (“Terms of Use”).
This Privacy Policy, inter alia, covers the following:
the type of information collected from the Users, including Personal Information (as defined below) and Sensitive Personal Data/Information (as defined below) relating to an individual;
the purpose, means and modes of collection, usage, processing, retention, and destruction of such information; and
how and to whom We will disclose such information.
This Privacy Policy shall apply to any person who visits, browses, uses or accesses the Platform or uses any Services on the Platform. This Privacy Policy is an electronic record in terms of the General Data Protection Regulation (Regulation (EU) 2016/679) and rules and regulations made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. Any new features and/or Services that are added to Our current Services at any point in the future shall also be subject to the terms set out in this Privacy Policy.
In order to have access to all the features, benefits or Services on Our Platform, a User must first create an account on Our Platform. To create an account and avail all the features, benefits or Services on Our Platform, a User is required to provide the following information, as detailed below, which such User recognizes and expressly acknowledges is Personal Information and / or Sensitive Personal Information and shall be shared with/disclosed to the Company for the purposes of facilitating Services to the User. Such information required for the purpose of sign-up on the Platform, identifying the User and availing the Services include:
Personal Information: Information that may be reasonably linked to you or your household including, name, date of birth, address (including postal code, city, state etc.), phone number, email address.
Sensitive Personal Information: details of User’s government ID, social security number, records of purchases, email address, precise geolocation data, physical conditions (including measures of height and weight), information concerning User’s health, User ID and password chosen by User for sign-up on the Platform (however, this would exclude Protected Health Information (as defined below)).
Other information/data: User’s pictures, video recordings, and voice recordings.
We may, in future, include other optional requests for information from the User to help Us customize the Platform to deliver personalized information to the User.
(All Personal Information, Sensitive Personal Information and other information/data of the User shall hereinafter be collectively referred to as “Personal Information” or “Personal Data”)
PURPOSE
We value your concern regarding the handling of your Personal Information. We are committed to ensuring transparency in Our processes and the protection of your privacy and Personal Data. This Privacy Policy acquaints you with Our practices and reaffirms Our dedication to safeguarding your Personal Information. It outlines the procedures governing the processing of your Personal Information when you interact with the Platform, in strict compliance with relevant data protection regulations.
This Privacy Policy, in conjunction with Our Terms of Use, sets out Our approach to collecting, using, storing, processing and disclosing Personal Information when you engage with Our Platform. Rest assured, We will not process or disclose your Personal Information to any third party except as outlined in this Privacy Policy. Furthermore, it provides guidance on how to reach out to Us for grievance redressal in the event you have any concerns.
The information contained on this Platform and the Personal Information collected by using/ logging in and or accessing this Platform is stored on a secured server.
DISCLAIMER
Please note that by using and accessing the Platform and availing the Services, or by providing Us with your information, you will be deemed to have read, understood and agreed to the practices and policies outlined in this Privacy Policy. You consent to Our collection, use, processing and sharing of your Personal Information as described herein. If you disagree with this Privacy Policy, please refrain from using Our Services or providing Us with your information. If you are using the Services on behalf of or for the benefit of someone else, you represent that you are authorized to accept this Privacy Policy on their behalf and to consent to Our collection, use, and disclosure of their Personal Information. Please be aware that this Privacy Policy is based on the laws of California and the data privacy practices adopted by the Company in California. It may not fully comply with the privacy laws of other countries. By visiting the Platform, you agree to abide by the terms and conditions of this Privacy Policy. If you do not agree with these terms, please refrain from using or accessing Our Platform or Services. By using the Platform, you expressly consent to Our use and disclosure of your Personal Information in accordance with this Privacy Policy.
PROCESSING OF PERSONAL DATA
We may process your Personal Data for, including without limitation, the following purposes:
Providing Our Services: We collect the Personal Information (detailed hereinabove) for the purposes of your sign-up/registration on the Platform and providing Services, i.e. to facilitate services by a multimodal artificial intelligence functioning as an assisting agent encompassing any software-based assistant, AI chatbot, or digital collaborator designed to work in tandem with the primary operator, offering support, insights, or supplementary assistance (“Co-pilot”) and connected Services being provided by the Company using the Platform to its Customers.
The Personal Information collected is processed for purposes such as: (i) facilitating Services; (ii) facilitating assistance with regard to Our Services; (iii) tracking and maintaining a record of your activities on the Platform, with respect to the Services availed by You; (iv) customer support and feedback Services; (v) providing personalized content on the Platform based on the User preference; and (vi) meeting legal or contractual obligations, etc.
Customer service: We need to process Personal Data to ensure the overall quality of the Services availed by a User on the Platform. Our primary goal in collecting your Personal Data and other Personal Information is to provide you with a safe, efficient, smooth, and customized experience. We also use your personally identifiable information together with other personally non-identifiable information to help Us better know Our Users and to improve the Services, and functionality of the Platform. We do not voluntarily make this information available to third parties, nor do We use it for any other purpose, except as set out herein.
We might utilize your Personal Information or request specific details regarding your account to authenticate any enquiries you make to access, delete, or rectify such information. If you do not have an account with Us, We would not possess adequate information to verify your identity and address your requests as We do not retain sufficient data to re-identify or connect you to a prior visit to Our Platform for accessing services where data might have been gathered.
Usage Data: We may collect usage data about your interactions with Our Service to understand how You use Our Services and to help Us improve the Services. For this purpose, We may process the following usage data including but not limited to: (i) IP address; (ii) browser type and version; (iii) pages of Our Services that you may visit; (iv) time and date of Your visit; and (v) any other such diagnostic data.
Marketing: We may utilise or process the Users’ data for marketing purposes. This means that We can contact Users to draw attention to Our products and Services. For this purpose, We process the following Personal Data: (i) IP address; (ii) Platform behaviour; (iii) email address; (iv) account information; (v) phone number; and (vi) such other information as may be required by the Company for providing the Services from time to time.
Additionally, We may also use Your Personal Data for several reasons, including but not limited to: (i) keep You informed of the status of the Co-pilot Services; (ii) send You communication in relation to availing of the Services via SMS, Whatsapp or any other messaging service; (iii) allow Our customer service and/or representatives to contact You in relation to the Co-pilot Services, if necessary; (iv) send You verification message(s) or email(s); (v) validate/authenticate Your account and to prevent any misuse or abuse; (vi) send You important notices and communications regarding Our Services availed or changes to the terms and conditions and/or policies; (vii) to send You marketing related communications; (viii) to deal with enquiries and complaints raised by You and to troubleshoot problems; (ix) ensure compliance with all applicable laws and to ensure safety of the Platform and all Users; (x) to prevent fraud, errors and/or any illegal activity on the Platform.
DISCLOSURE OF PERSONAL DATA
We may need to disclose Your Personal Data whether by law, legal process and/or by request from governmental authorities within or outside of California.
The Services on the Platform are only accessible post the sign-up/ registration on the Platform which is carried out by providing the requisite details, including but not limited to username, password, one time password (“OTP”), etc. Therefore, We request You to use a safe and secure server to access the Platform to ensure the safety of Your username, password and other information as required by Us and shared by You to avail the Services on the Platform. We shall not hold any responsibility for the security and/or privacy of any information, which may be available to all Users and visitors of the Platform publicly.
We automatically receive the URL of the site from which anyone visits. We also receive the Internet Protocol (IP) address of each User’s computer (or the proxy server a User uses to access the World Wide Web), the User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s internet service provider. This information is used to analyze overall trends to help Us improve Our Services. The linkage between User’s IP address and User’s personally identifiable information is not shared with or disclosed to third parties. Notwithstanding the above, We may share and/or disclose some aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and other such third party(ies).
Personal Information transfers to countries outside the United States of America, European Union or India are conducted only as per applicable law when such transfers comply with the relevant data protection legislation, ensuring that the recipient country maintains an adequate level of privacy protection. It is clarified that any data collected from a data subject in the European Union shall only be shared with data exporters in regions identified by the European Commission having adequate data protection frameworks.
You agree that in addition to what may be provided in this Privacy Policy, We may also disclose Your Personal Information under the following circumstance
Third party service providers: We may engage, retain, or, as necessary and in accordance with the business requirements of the Company or the Platform, third-party advertisers, payment facilitators, IT support personnel, independent contractors, and other third-party service providers to perform Services on behalf of or in collaboration with Us. These engagements will be governed by agreements that include confidentiality obligations and comply with applicable laws pertaining to the Services rendered by Us on the Platform. These third-party service providers may use Your Personal Information to provide their services and assist Us in providing Services, payment facilities, customer support, and advertising on the Platform. We may engage third-party companies and/or individuals to help improve or facilitate Our Services, to provide Services on Our behalf, and to perform Platform-related services, including but not limited to payment processing, maintenance services, fraud detection services, database management, web analytics, monitoring, and evaluation services. In the event We engage third-party companies and/or individuals for these purposes, Your information may be shared with such third-party companies and/or individuals. Where applicable, you will be requested to enter into separate agreements directly with such suppliers. We ask you to please note that this Privacy Notice does not apply to the processing of personal data which takes place through these suppliers. In the event we are processing Personal Data provided by you which belongs to a data subject in the EU, we will as per the guidelines stipulated by the GDPR seek appropriate consent. Your Personal Information could be accessed by Us or transmitted to Us within the United States/EU or to Our affiliates, business partners, or service providers across the globe. By furnishing Us with Personal Information, You agree to this transfer. We commit to safeguarding the privacy and security of Personal Information in accordance with this Privacy Policy, irrespective of its processing or storage location. Further, We do not authorize such third-party service providers to use or disclose Your Personal Information except in connection with providing their services. In case any third-party service provider(s) asks for or requests any Personal Data through the Platform or any other third-party link/website, the Company shall not be responsible for such collection of Personal Data or information;
Compliance with laws and protection of Users: We may disclose your Personal Information or Sensitive Personal Information when it is required in order to comply with the law, in response to court orders, court summons, judgments, decrees, injunctions, arbitral awards, administrative orders, governmental investigation, or orders of any government authority, to establish/exercise Our legal rights or defend against legal claims, We may disclose Personal Information: as required by law, such as to comply with a subpoena or similar legal process; and to enforce applicable Terms of Use, including investigation of potential violations thereof;
Business transfer and mergers: We may transfer Your Personal Information if the Company, is acquired by or merged with another Company, to the extent permitted by applicable law and/or required under the scheme/arrangement of merger, etc. In such an event We will notify You before Your Personal Information is transferred/shared with the other entity and hence becomes subject to a different Privacy Policy. Further, if required by applicable law we will aid the process of entering into specific agreement with the new entities involved in the processing of Personal Data;
With Your consent: In addition to the aforementioned circumstances, We may share Your Personal Information with third parties with Your prior consent and/or at Your request.
COLLECTION AND USE OF NON-PERSONAL DATA
Non-personal data is data that can never be used to identify an individual. We may collect information regarding User activities on Our Platform. This aggregated information shall be used by Us in research and/or analysis, to improve and monitor Our Services and for various promotional schemes. Such non-Personal Data may be shared in aggregated, non-personal form with a third party to enhance customer experience, offerings or Services.
COOKIES
The Platform uses cookies, and while visiting or using the Platform, You accept Our use of the cookies. We may place text files in the browser files of Your computer system in order to enable such cookies. A cookie itself does not contain Personal Information, and it will only enable Us to relate Your use of the Platform and Your behaviour on the Platform to information that You have specifically and knowingly provided. The only Personal Information that a cookie can contain is the information You supply to the cookie. A cookie can’t read data off Your hard disk or read cookie files created by other websites.
We may place both permanent and temporary cookies. A permanent cookie will remain on your web browser until its expiry date, unless deleted prior to such expiry date. However, most cookies are “session cookies” meaning that they automatically get deleted from your computer system at the end of the session. You can refuse cookies by turning them off in Your browser or alternatively, You can also set your browser to warn You before accepting any cookies. Therefore, You are always free to decline Our cookies if Your browser permits, however, We use certain cookies to authenticate Users on each page after the User logs on to the Platform or accesses any Services. If you, as a casual visitor, have inadvertently browsed any other page of this Platform prior to reading this Privacy Policy, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by Us. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as We cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Platform. Note that You are not a casual visitor if you have willingly submitted any Personal Data or information to Us through any means, including email, post or through the registration process on the Platform. All such visitors will be deemed to be, and will be treated as Users for the purposes of this Privacy Policy, and in which case, this Privacy Policy applies in its entirety to such persons.
LOG FILE INFORMATION
Every time You visit Our Platform, your browser automatically sends log file information to the Company. This process occurs independently of cookies and remains unaffected by your choice to opt in or out of cookie usage. These logs may include details such as the internet domain from which You access Our sites, the date and time of Your visit, the sections You viewed, Your computer's IP address, Your browser and operating system type, and, if applicable, the website You visited prior to Ours.
We utilize this log file information to enhance the design of Our sites, identify popular features, address user, hardware, and software issues, and make the sites more useful for Users and other visitors.
POLICY AMENDMENT
Please note that We may make changes to this Policy from time to time if We are adding any feature to the website or due to any change in circumstances. In the event We make such changes, the Privacy Policy link will include a notation “Revised (date)” indicating that you should review the new terms, which will be effective immediately upon posting on this page, with an updated effective date. By continuing to use the Platform after any modifications have been implemented, you indicate your prospective agreement to the updated Privacy Policy and any alterations therein.
LIMITATION OF LIABILITY
We do not control or endorse the content, messages or information placed on the Platform by any User or third party and, therefore, We specifically disclaim any liability with regard to such information and Your participation/ engagement with such third party service providers and services offered by them, and You agree that you waive any claims against Us relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Us relating to the same.
You are responsible for maintaining the accuracy, truthfulness, correctness and completeness of the information You submit or provide to Us, on the Platform; and shall hold harmless and indemnify the Company from and against all claims arising out of or in relation to the wrongful information posted, provided by You to Us, on the Platform.
You are mandated by law to uphold the confidentiality of Your patients' protected health information (“PHI”) and to inform patients about our legal obligations and privacy procedures regarding PHI. We're not obligated to notify you that state laws concerning the PHI might impose stricter standards or requirements compared to those stipulated by the Federal Health Insurance Portability and Accountability Act ("HIPAA").
If Your Personal Information changes, You may correct, delete inaccuracies, amend information, cancel your account, request that We no longer use your information by contacting Us on the Platform or chat@101gen.ai.
RESTRICTIONS ON USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION
We do not collect any protected health information/PHI. Furthermore, You are not allowed to use the Company’s Services which may involve use and disclosure of PHI for treatment, payment, or health care operations or otherwise in any manner.
INFORMATION SECURITY
We understand the serious implications of data security and take extensive measures to ensure that Your data and information is secure. We take extensive technical, and legal measures to safeguard Your Personal Data. The Platform uses a reliable SSL certificate to ensure Your Personal Data is not misused in any manner whatsoever. We use SSL encryption when transmitting certain kinds of information, such as financial services information or payment information.
Our employees and data processors (if any), who have access to, and are associated with the processing of sensitive Personal Data or information, are obliged to respect the confidentiality of every User’s Personal Information or sensitive Personal Data and information. We have put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all Personal Data from the point of collection to the point of destruction.
No administrator of the Platform will have knowledge of your password. It is important for you to protect against unauthorised access to your password, your computer and your mobile phone. Ensure you log off from the Platform when finished. We do not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorised use of your account, you must immediately notify Us by sending an email to Our grievance officer whose details have been specified below. You shall be liable to indemnify Us due to any loss suffered by Us due to such unauthorised use of your account and password. Please note that We make all User Personal Information accessible to Our employees, agents or partners and third parties only on a need-to-know basis. However, We are not responsible for the confidentiality, security or distribution of your Personal Information by Our partners and third parties including third-party service providers outside the scope of Our agreement with such partners and third parties.
In case there is any breach of security, We will make all legally required disclosures concerning the breach and the confidentiality or integrity of your unencrypted electronically stored "Personal Data" to you via email or by posting it on the Platform without unreasonable delay, in as far as is consistent with any legitimate needs of law enforcement and any measures required to determine the scope of the breach and to safeguard the integrity of data.
By using the Platform and its Services, you explicitly consent to the collection, retention, and utilization of your Personal Data as outlined above. We reserve the right to communicate your Personal Information to any third party that makes a legally-compliant request for its disclosure. You acknowledge that processing Personal Data is essential to enable your use of the Platform and its Services, as well as to ensure compliance with legal obligations.
Notwithstanding anything contained anywhere in this Privacy Policy; We cannot assure absolute security to your Personal Data and by entering into or by logging into Our Platform, you explicitly agree not to sue Us for any data breach.
APPLICABLE LAWS AND REGULATIONS
We ensure that your data and information shall be protected under the provisions of the General Data Protection Regulations, 2016 (GDPR), the California Consumer Privacy Act, 2018 along with any amendments made to these regulations.
RETENTION PERIODS
We do not keep your Personal Data longer than necessary for the purpose of processing. This includes, for example, the purposes of satisfying any legal, regulatory, accounting, reporting requirements, to carry out legal work, for the establishment or defence of legal claims. We may aggregate and anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case We may use this information indefinitely without further notice to you.
DATA PROTECTION
Under certain circumstances, You have rights under applicable data protection laws in relation to Your Personal Data. It is Our policy to respect Your rights and We will act promptly and in accordance with any applicable law, rule or regulation relating to the processing of Your Personal Data. Details of Your rights are set out below:
Right to be informed about how Personal Data is used – You have a right to be informed about how We will use and share Your Personal Data. This explanation will be provided to You in a concise, transparent, intelligible and easily accessible format and will be written in clear and plain language;
Right to access and know Personal Information – You have a right to obtain confirmation of whether We are processing Your Personal Data, access to Your Personal Data, information regarding how Your Personal Data is being used by Us, the categories of third parties Your data is being shared to, the categories of Personal Information that the business sells or discloses to third parties;
Right to have inaccurate Personal Data rectified – You have a right to have any inaccurate or incomplete Personal Data rectified. If We have disclosed the relevant Personal Data to any third parties, We will take reasonable steps to inform those third parties of the rectification where possible;
Right to have Personal Data erased in certain circumstances – You have a right to request that certain Personal Data held by Us is erased. This is also known as the ‘right to be forgotten’. This is not a blanket right to require all Personal Data to be deleted. We will consider each request carefully in accordance with the requirements of any laws relating to the processing of your Personal Data;
Right to restrict processing of Personal Data in certain circumstances – You have a right to block the processing of your Personal Data in certain circumstances. This right arises if You are disputing the accuracy of Personal Data, if You have raised an objection to processing, if processing of Personal Data is unlawful, and You oppose erasure and request restriction instead or if the Personal Data is no longer required by Us but You require the Personal Data to be retained to establish, exercise or defend a legal claim. It is clarified, that any data provided by You with representations of being accurate shall not be subject to this right and shall be treated as per our discretion subject to applicable law;
Right to data portability – Under certain circumstances, You have the right to request to receive a copy of Your Personal Data in a commonly used electronic format. This right only applies to Personal Data that You have provided to Us (for example by completing a form or providing information through the Platform) and shall not apply to any Personal Data of your clients or any data which is not within our possession. The right to data portability only applies if the processing is based on Your consent or if the Personal Data must be processed for the performance of a contract and the processing is carried out by automated means (i.e. electronically);
Right not to be subject to automated decisions where the decision produces a legal effect or a similarly significant effect – You have a right not to be subject to a decision which is based on automated processing where the decision will produce a legal effect or a similarly significant effect on You.
Right to withdraw consent – You have a right to revoke your consent for providing Personal Information to Us, after which your Personal Information will not longer be processed, stored, or utilised by Us.
In addition to the above You also have the right to be informed about who We share your Personal Information with and what kind of information is shared. However, to gain access to such information We may charge a reasonable fee.
You may exercise any of the above-mentioned rights by sending a request to Us on Our contact information as detailed below. We may also, as per our discretion, carry out actions pursuant to the abovementioned rights pertaining to any Personal Data of your clients stored/processed by Us subject to careful consideration by of Us regarding such Personal Data actually being stored or processed by Us. In any case, given that We will be processing any Personal Data of your clients pursuant to your instructions, We may ask you to intervene and carry out the appropriate procedures in order to give effect to the abovementioned rights of your clients. You will not have to pay a fee to access Your Personal Data (or to exercise any of the other rights), however, a reasonable fee may apply in the event We are required to give effect to any of the abovementioned rights for your clients.
We may need to request specific information from You to help Us confirm Your identity or your Client’s identity and ensure Your right to access Your Personal Data/Your clients’ Personal Data (or to exercise any of Your other rights). This measure is implemented to safeguard against the unauthorized disclosure of Personal Data to individuals lacking the requisite authorization. Additionally, We may reach out to you for additional details pertaining to your request in order to expedite our response. It is important to note that We reserve the right to decline requests that are unreasonably repetitive, necessitate excessive and disproportionate technical resources, pose a risk to the privacy of other users or third parties, may compromise an ongoing investigation, or are of an impractical nature.
We try to respond to all legitimate requests within 30 days. Occasionally it may take Us longer than 60 days if Your request is particularly complex, or You have made a number of requests. In this case, We will notify You and keep You updated.
QUESTIONS OR COMPLAINTS
If you have any questions or complaints about the processing of your Personal Data or any grievance regarding Our Privacy Policy, write to Us at chat@101gen.ai. Our team will be happy to assist you.
CONTRACT FOR PROCESSING
In the event We have entered into a separate contract with You for processing data as per applicable law then this Privacy Policy along with the contract shall be read conjointly to give effect to this Privacy Policy. Further, in the event there is any discrepancy between the contract executed between You and Us and this Privacy Policy then the contract shall prevail.
GRIEVANCE REDRESSAL
You can also directly contact Us in relation to your grievances pertaining to the usage of Personal Data as provided in the Privacy Policy by contacting Our grievance officer, as provided below:
Name: 101 GenAI
Address: 5953 Cahalan Ave., San Jose, CA-95123, USA
Email: chat@101gen.ai