Privacy Policy

This Privacy Policy (“Policy”) sets out the manner in which ViCan AI Labs Private Limited, a company duly incorporated under the Companies Act, 2013, having its registered office at C 201, Chheda Heights, 41 LBS Marg, Bhandup West, Mumbai, Maharashtra, India - 400078 (“Company”, “we”, “us” and “our”), collects, uses, stores, processes, discloses and safeguards the personal information (“Information”) of users (“User”, “you”, “your”, “yourself”) who access or use the Services through the Platform. The Company is committed to respecting and protecting the privacy of individuals who place their trust in us.

This Policy governs the Information of Users who access, browse, use, or register on the Platform in order to avail the prepaid digital usage credits to access eligible AI-generation services such as AI-powered content generation, creative production, digital asset management, creator profiles, publishing and other related Services offered by the Company.

This Policy constitutes an electronic record within the meaning of Applicable Laws and is generated by a computer system; it does not require any physical or digital signature.

The Platform is primarily intended for use by individuals who are 18 years of age or older. By using the Platform, you represent that you are legally competent to contract under Indian law. If, at any time, the Company introduces features permitting individuals below the age of 18 to access the Platform under the guidance and supervision of a parent or legal guardian, such access shall be subject to verifiable parental or guardian consent obtained in accordance with Applicable Laws, and shall be governed by such additional terms, as the Company may prescribe, from time to time.

We may collect and process Information only with your consent, except where such collection or processing is otherwise permitted or required under applicable laws, and solely for the purposes described in this Privacy Policy and in accordance with the applicable terms governing the Services. The collection, use, storage, processing and disclosure of such Information are carried out in compliance with the Information Technology Act, 2000 and the rules framed thereunder, the Digital Personal Data Protection Act, 2023, the Consumer Protection Act, 2019, other applicable laws relating to information technology, privacy, data protection, consumer protection, intellectual property and the rules, regulations, directions, circulars and guidelines issued by competent authorities thereunder, as applicable to the Services (collectively, “Applicable Laws”).

By accessing the Platform and availing the Services, you consent to the collection and use of your Information in the manner described in this Policy. This Policy shall be read together with the Terms of Use, the Cookie Policy, and the other Policies and Guidelines published on the Platform. All capitalised terms used but not separately defined in this Policy shall have the meanings ascribed to them in the Terms of Use.

You acknowledge that the Information provided by you to the Company has been collected or received through lawful means and with your valid, informed and explicit consent. We urge you to read this Policy carefully before you avail the Services or decide to share any Information with us.

We collect or receive Information that is voluntarily provided by you, generated through your use of the Platform, or lawfully obtained from third-party sources, in each case with your consent and in accordance with Applicable Laws.

Depending on the features of the Platform accessed by you, the Information we collect and process may include: (a) account and creator-profile information; (b) prompts and generation instructions submitted by you; (c) images, videos, audio and other reference materials uploaded by you; (d) AI-generated outputs and project information; (e) credit purchases, usage history and transaction records; and (f) content published by you on the Platform and related metadata.

Such Information is collected, processed and retained for specific purposes, including providing, maintaining and improving the Services, processing AI-generation requests, managing your Account and creative assets, maintaining transaction records, ensuring the security and integrity of the Platform, preventing misuse and complying with Applicable Laws.

In order to provide certain AI-generation Services, the Company may transmit relevant Information, including prompts, generation instructions, uploaded reference materials and associated technical information, to third-party AI model providers, cloud infrastructure providers or other technology service providers engaged in delivering the requested Services.

The nature and extent of Information shared with such third parties shall depend on the specific Services requested by you and shall, to the extent reasonably practicable, be limited to the Information necessary for the relevant processing activities.

Such third parties may process, temporarily store or retain Information in accordance with their respective contractual arrangements with the Company, applicable service terms, data-processing commitments and Applicable Laws. The duration of such processing or retention may vary depending on the relevant provider, the nature of the Service, security requirements, technical operations and any applicable legal obligations.

The Company shall take commercially reasonable steps to ensure that its contractual arrangements with third-party service providers include appropriate confidentiality, data protection, information security and restrictions on the use of Information, having regard to the nature of the Services and Applicable Laws.

Where applicable, the Company shall also take reasonable steps to ensure that Information shared with third-party providers is not used for purposes unrelated to the provision of the requested Services, except where such use is expressly disclosed, permitted under Applicable Laws and supported by an appropriate legal basis or consent, as required.

The processing and retention of Information by third-party providers may also be subject to the additional disclosures set out in this Policy, including provisions concerning AI model training, international data processing, security and retention.

We use the Information collected from you in accordance with this Policy for the purpose of offering and providing the Services. Further, when you access, browse, or use the Platform, certain Information is automatically collected through cookies and similar technologies. The types of cookies used, the purposes for which they are used, and the manner in which you may manage or disable them, are set out in the Company’s Cookie Policy, which forms an integral part of this Policy.

Further, subject to your consent and Applicable Laws, we may use your contact details to provide you with information relating to marketing communications, promotional offers, and advertising content that we believe may be of interest to you or that you have expressly opted to receive, in relation to our Services or allied products. We may contact you through calls, SMS, emails, WhatsApp or other digital or electronic means for such promotional and advertising communications, even if your mobile number is registered under the Do Not Disturb (DND) or National Customer Preference Register (NCPR) in accordance with the Telecom Commercial Communications Customer Preference Regulations, 2018. You may opt out of receiving such promotional or advertising communications at any time by following the unsubscribe instructions provided in such communications or by contacting our Grievance Officer, without affecting the receipt of mandatory service-related communications.

If you contact our customer support channels, we may record such interactions or collect Information shared by you for the purposes of service delivery, quality assurance, training, dispute resolution, audit, and internal analysis.

We also process Information as required to comply with Applicable Laws, regulatory requirements, court orders, or directions issued by governmental or statutory authorities.

In relation to the AI-generation features of the Platform, your Information, including creative materials such as prompts, reference uploads and generated outputs, may be processed for purposes such as: (a) generation processing, where prompts and reference materials submitted by you are transmitted to the relevant third-party AI model provider and used solely to create the outputs requested by you; (b) asset storage, where eligible content, including your uploads and generated outputs, is retained on the Platform to support your projects, account and generation history; (c) safety and security, where Information is processed as necessary to detect and prevent misuse, maintain the security and integrity of the Platform and enforce our Terms of Use and other Policies; and (d) AI Model Training and Service Improvement: The Company recognises that prompts, uploaded reference materials, generated outputs and other creative content submitted or generated by Users may contain personal, confidential, proprietary or commercially sensitive information. The Company shall not use such Information for training, fine-tuning or improving its own artificial intelligence models, or authorise its use for training or improving third-party artificial intelligence models, except where such processing is specifically disclosed to the User and is permitted under Applicable Laws, with the User's separate consent where required. Where third-party AI model providers are involved in processing generation requests, any use of Information for model training, service improvement, safety evaluation or related purposes shall be governed by the applicable contractual arrangements, provider-specific data-processing terms and Applicable Laws. The Company shall take commercially reasonable steps to assess and implement appropriate restrictions on the use of User Information for model training, where such restrictions are available under the relevant provider arrangements. The Company shall not represent that User Information is excluded from third-party AI model training unless such exclusion is supported by the applicable contractual commitments, provider settings or other verifiable safeguards. Where the Company proposes to introduce additional AI model training or improvement activities involving User Information, it shall provide appropriate disclosures and obtain any consent required under Applicable Laws before commencing such processing.

We are committed to maintaining security and transparency in relation to the Information collected from you while availing the Services. In order to provide you with the Services, we may share your Information for purposes disclosed under this Policy and in accordance with Applicable Laws, and with your consent where such consent is required, with third-party AI model providers, cloud infrastructure providers and other service providers, only to the extent reasonably necessary to provide the Services requested by you or for such other purposes as are disclosed in this Policy.

Where your Information is transferred to a jurisdiction outside India for purposes such as the processing of generation requests by third-party AI model providers, cloud storage, analytics, or IT support, we ensure appropriate contractual and technical safeguards in accordance with Applicable Laws and obtain consent where required. We follow strict internal access controls and share Information with designated personnel, service providers or third parties who require such Information to perform services on our behalf or where disclosure is mandated by law or regulatory authorities.

We may engage third-party service providers, vendors and partners in connection with the Services made available through the Platform. Such third parties collect, use and disclose your Information only to the extent necessary to perform the services provided to us.

We take commercially reasonable steps to ensure that all third-party recipients adhere to confidentiality, data protection and security obligations consistent with this Policy and Applicable Laws.

It is important to be aware that certain third-party service providers, including AI generation providers, cloud hosting services, media storage and delivery infrastructure providers, payment gateways, analytics providers and communication service providers, may have independent privacy policies governing the Information shared with them, and may process different categories of Information depending on the services they provide. Some of these entities may be located in or operate from jurisdictions outside India.

The Platform may contain links to third-party websites, applications or services that are not owned or controlled by us. We do not exercise control over, and are not responsible for, the content, privacy practices or policies of any such third-party websites or services. The inclusion of any such link on the Platform does not imply endorsement by us of the linked website or its provider. We encourage you to review the privacy policies of any third-party website or service before providing any Information to such third party. We shall not be liable for any collection, use or disclosure of your Information by any third-party website or service accessed through the Platform.

We may disclose your Information where such disclosure is required under Applicable Laws, pursuant to a legal process, regulatory request or court order, or where necessary to protect our legal rights, safety and property, or to enforce contractual arrangements, including the terms governing the Services.

We implement reasonable and appropriate technical and organisational security measures to protect your Information against unauthorised access, alteration, disclosure or destruction. Our security practices are aligned with industry standards and are periodically reviewed to ensure continued protection of Information. Upon receipt of a valid request for closure or deletion of your account, we will delete or anonymise your Information, including your account information and generated assets stored on the Platform, within a reasonable period, except to the extent that retention of certain Information is required under Applicable Laws. Notwithstanding the foregoing, any content that you have voluntarily published or shared on the Platform prior to such request may continue to be accessible to the extent that it has been made publicly available, cached by third-party services or otherwise disseminated beyond the Platform, and the Company shall not be liable for the continued availability of such content.

Information is retained for such periods as may be required to comply with Applicable Laws. We do not retain Information longer than necessary for the purposes for which it is processed, except where required for legal, regulatory, accounting, audit or dispute resolution purposes. We may anonymise and aggregate Information for research, analytics or statistical purposes, in which case such data may be retained and used without limitation.

You shall, at all times, have the option to grant or withhold consent for the collection and use of specific categories of your Information, restrict its disclosure to third parties, request revocation of any consent previously granted, and request deletion or erasure of your Information, subject to Applicable Laws. Withholding or withdrawing consent may restrict, or prevent us from continuing to provide, the Services to you.

You may withdraw or revoke your consent for the processing of your Information by writing to the Grievance Officer (details below). Upon receipt of such a request, we shall cease processing your Information within a reasonable period, unless further processing is required under Applicable Laws. Withdrawal of consent will not affect the lawfulness of processing carried out prior to such withdrawal.

Where any Information provided by you is inaccurate, deficient, incomplete or outdated, you are requested to promptly update the same to enable us to rectify our records and ensure uninterrupted provision of Services.

We may update this Policy from time to time to reflect changes in our practices, Services or legal requirements. We encourage you to review this Policy periodically to stay informed of any updates.

If you have any queries, requests or complaints regarding the processing of your Information, or any other aspect of the Services, you may contact our Grievance Officer at the details provided below. We will endeavour to acknowledge, review and resolve grievances in a timely manner and in accordance with Applicable Laws.