Privacy Policy

effective date: September 14, 2023

Thank you for choosing the products and services of DeepBrain AI Inc. (the “Company,” “we,”“us,” or “our”). We value the user (“you” or “your”) privacy, and respect and protect yourpersonally identifiable information. Below is a copy of the Company’s privacy policy. Your use ofthe Company’s products or services constitute your acceptance of the Privacy Policy, whichincorporates by reference our Terms of Use Agreement. If at any time you do not agree to thisPrivacy Policy or Terms of Use Agreement, you must cease your use of any of the Company’sproducts or services.

1. ABOUT THIS PRIVACY POLICY

We require certain information to provide our products and services to you. This privacy policyapplies when you access or use our products or services, including, without limitation to, theCompany’s AI Studios Platform, the website located at https://www.deepbrainai.io/aistudios andother websites, media form, media channel, mobile website or mobile application related orconnected to said website (collectively, the “Sites”) and the Company’s AI Studios service thatgenerating realistic AI videos with your script and the Company’s text-to-speech solution(collectively, the “Services”). This privacy policy may be updated from time to time and may besupplemented by additional privacy statements, terms, or notices provided to you. Any changeswill be posted on this page or our Website with an updated revision or a notice given to youthrough the Service or by other means.

2. WHY WE COLLECT INFORMATION

We collect personal data because (a) it allows us to provide with you the Service offeredthrough the Website, App, or other channels; (b) it allows us to respond to questions, feedbacks,or requests you or others may have about the Service or the information provided to you orothers on or through the Service; (c) it helps us improve the Service and the informationprovided from or through the Service; and (d) it allows us, with your consent, to post yourcomments and annotations and related information, and to provide other useful information onthe Service. In addition, your personal data helps us communicate to you through the Service,as well as to provide additional related information and events about which you might like tohear. We also may correlate your personal data with information from other sources, includingpersonal data we have obtained from or about you through our Service.

3. WHAT INFORMATION WE COLLECT ABOUT YOU

We collect information about you in three ways: directly from your input, from third-party sourcesand public databases, and through automated technologies.

3.1 Data You Provide to Us

The types of personal information that we collect directly from you depends on how you interactwith us and the Service and may include:

  1. Contact information, such as your name, email address, mailing address, phone number,and profile information;
  2. Account login credentials, such as usernames, passwords, password hints, and similarsecurity information;
  3. Account registration and profile information and other biographical and demographicinformation
  4. Comments, feedback, and other information you provide to us, including search querydata and questions or information you send to customer support;
  5. Communication preferences, including preferred language and preferred contactmethods;
  6. (for paid service users only) Payment information, such as credit or debit cardnumber(s), bank name and account number; and/or
  7. (for company or organization users only) Company/organization name, names of teammembers, number and type of projects, and datasets and clusters used.

3.2 Data from Other Sources

We also may obtain contact details and other information about you from our affiliates’ or otherthird parties’ sources, including:

  1. Service providers that help us determine geographic location in order to customizecertain products and services to your location and enable certain Service features;
  2. Partners with which we offer co-branded services or engage in joint marketing activities;and/or
  3. Publicly available sources and data suppliers from which we obtain data to validate orsupplement the information we hold.

3.3 Data from Your Use of the Service

We may automatically collect information about how you interact with the Service, including:

  1. Device-identified information or connection information that is linked to the browser,device or group of devices you use to access our Service but that we do not associatewith personal identifier, such as IP address, browser type and version, operating systemand other software installed on your device, your device’s type and unique advertisingidentifier (such as the Apple IDFA (or UDID in older Apple phone models) or AndroidAdvertising ID / Google AdID), and any other unique identifier that may be assigned toyour device, or a non-cookie unique identifier and other technical identifiers, error reportsand performance data;
  2. Usage data, browsing history, search history, user activities, site traffic, and otheranalytics such as the features you used, the settings you selected, your URL clickstream data, including date and time stamp and referring and exit pages, language youused, pages you visited on the Service, as well as what you clicked on and the averagetime you spent on the website, Apps, and IP addresses;
  3. For location-aware Service, the region, city, town, or time zone where the Service isaccessed or used, or your device is located in order to provide you with more relevantcontent for where you are in the world and enable certain Service features, subject toyour choice of privacy setting as set forth in Section 5.4; and/or
  4. Inferences drawn from other personal information listed above, to create a profilereflecting your preferences, characteristics, behavior, attitude, and ability.

4. HOW WE USE YOUR INFORMATION

Depending on how you interact with us and the Service, we use your personal information to:

  1. Provide, activate, and manage your access to and use of the Service;
  2. Process and fulfill a request, order, download, subscription or other transaction;
  3. Provide technical, product, and other support and to help keep the Service working,safe, and secure;
  4. Enhance and improve the Service and our other products and services and to developnew products, services, and benefits;
  5. Offer you customized content and other personalization to make the Service morerelevant to your interests and geographic location;
  6. Respond to your requests, inquiries, comments and concerns;
  7. Notify you about changes, updates, and other announcements related to the Service andour other products and services;
  8. Deliver targeted advertisements, promotional messages, notices and other informationrelated to the Service and your interests;
  9. Provide you with promotional messages and other information about products, eventsand services of ours, our affiliates, and third parties such as sponsors;
  10. Invite you to participate in user testing and surveys as well as sweepstakes,competitions, and similar promotions;
  11. Identify usage trends and develop data analytics for purposes of research, auditing,reporting, and other business operations, including determining the effectiveness of ourpromotional campaigns and evaluating our business performance, or in other wayspursuant to a customer agreement; and/or
  12. Comply with our legal obligations, resolve disputes, and enforce our agreements.

If you are an administrator of an organization with a subscription to the Service, we will use yourdetails to communicate with you about your organization’s subscription and related services. Ifyou supply us with contact information of your colleagues, we may contact those individuals withcommunications about the Service that may include references to you.

5. HOW WE SHARE YOUR INFORMATION

5.1 With Your Organization

If you access the Service through a subscription administered by your organization, yourpersonal information and certain usage data gathered through the Service may be accessed byor shared with the administrators authorized by your organization for the purposes of usageanalysis, subscription management and compliance, cost attribution, and departmentalbudgeting.

5.2 With Application Licensors

If you access a third-party application on the Service through a license agreement with thelicensor of that application, personal information relevant to that application will be shared withthe licensor so that it can provide you access to the application, subject to the terms of itslicense agreement and privacy policy.

5.3 With Our Affiliated Companies and Service Providers

Depending on the Service provided, we share personal information with:

  1. Our affiliated entities, subsidiaries, and divisions that provide technology, customerservice, and other shared services functions; and/or
  2. Our service providers, business partners, suppliers, agents, and representatives,including but not limited to, payment processors, customer support, email serviceproviders, IT service providers, mailing houses, and shipping agents;

We do this to process the information as necessary to provide the Service, complete atransaction, fulfill your requests, or otherwise on our behalf based on our instructions and incompliance with this privacy policy and any other appropriate confidentiality and securitymeasures.

5.4 By Your Privacy Choices

We share your personal information with our affiliates and with sponsors, service providers,business partners, and other third parties, including entities for which we are acting as an agent,licensee, application host, or publisher, that wish to send you information about their productsand services that may be of interest to you, as determined by your choices in managing yourcommunications preferences and other settings. The Service may let you post and sharepersonal information, comments, materials, and other content. Any such contributions youdisclose publicly may be collected and used by others, may be indexed by search engines, andmight not be able to be removed. Please be careful when disclosing personal information inthese public areas. If you do not consent to the way in which we may share your information,please do not submit any personal data to us or through our Service.

5.5 For Legal Reasons

We also will disclose your personal information if we have a good faith belief that suchdisclosure is necessary to:

  1. Comply with any applicable law, regulation, legal process, or other legal obligation;
  2. Detect, investigate, and help prevent security threats, fraud, or technical issues; and/or
  3. Protect the rights, property, or safety of our Service, properties, rights, employees, users,or public interest;

and as part of a corporate transaction, such as a transfer of assets, reorganization, or anacquisition by or merger with another company.

6. YOUR COMMUNICATIONS PREFERENCES AND PRIVACY SETTINGS

You can customize and manage your communications preferences and other privacy settingswhen you register with the Service, update your account features and preferences, use the“opt-out” on your account (go to “Profile > Account) or other means provided within thecommunications that you receive, or contract us at support@aistudios.com. We reserve the rightto notify you of changes or updates to the Service whenever necessary.

7. ACCESSING AND UPDATING YOUR INFORMATION

7.1 Your Account

The Service may allow registered users to directly access and review their account informationand make corrections or updates upon login at any time. Keeping such information up to date issolely your responsibility as a user. Registered users may also close their account directlythrough the Service or by contacting the Service’s customer support.

7.2 Your Rights

You have the right under privacy and data protection laws, as may be applicable, to request(free of charge):

  1. Access to and correction or deletion of your personal information;
  2. Restriction of our processing of your personal information, or to object to our processing;and
  3. Portability of your personal information.

If you wish to exercise any of these rights, please contact us. We will respond to your requestconsistent with applicable laws. To protect your privacy and security, we may require you toverify your identity.

8. Cookies Policies.

[Home page consent statement: our website use cookie technology to imporve your userexperience. By clicking the”I accept” button, you consent to our use of cookies. For moreinformation, please read our Privacy Policy [link].

8.1. Cookies explained.

Cookies are small, encrypted data files stored on your computer’s hard drive when you visit awebsite. They allow a site to capture data you provide on the site and store it for later retrieval.Cookies are most often used to capture information about things like your user preferences anddecisions. By storing cookies, website owners are able to understand your online practices andcreate time-saving options to enhance your overall browsing experience. For example, if you optout of signing up for our email list, the cookies that our website has stored on your computerrecall that information so that you do not receive another request to join our list moments afteryour initial refusal. We use cookies on our site for the following purposes: track website traffic;store and manage user account data; capture location and IP addresses; assist in e-commercefunctionalities; prefill recurring fields on our site; provide redirects to various portions of our site.

8.2. Third-Party Cookies.

The cookies stored when you visit our site may also include third-party cookies. Third-partycookies are stored by other parties and are used primarily to track a user’s browsing history.Third parties may also use cookies to provide advertising to you across various sites.

8.3. Consent.

When you click the “I accept” button on the cookie banner that appears on our website, youconsent to our use of cookies as described in this policy. If you do not consent to our use ofcookies, you must stop using our site or manually disable them via your browser’s settings.

8.4. Disabling and Deleting Cookies.

You can manage, block, or delete cookies by adjusting your cookie preferences in your browsersettings. However, please note that disabling certain cookies could significantly impact your userexperience. For more details about your choice, refer to Section 6 or contact us.

9. DATA RETENTION

We retain your personal information for as long as necessary to provide the Service and fulfillthe transactions you have requested, or for other essential purposes such as complying with ourlegal obligations, maintaining business and financial records, resolving disputes, maintainingsecurity, detecting, and preventing fraud and abuse, and enforcing our agreements.

10. CHILDREN’S PRIVACY

We recognize the importance of children’s safety and privacy. No Service of ours is designed toattract or target children under 13, nor are they intended for use by any children under the ageof 13. We do not request, or knowingly collect, any personally identifiable information fromchildren under the age of 13. If you are under age 13, you do not have permission to access oruse our Service. If you believe that a person under 13 has provided us with his or her personalinformation, please notify us so that we can take reasonable steps to remove the informationfrom our Service.

11. DATA SECURITY

We use a variety of administrative, physical, and technical security measures to help safeguardyour personal information. Despite these efforts, however, no company, including us, can fullyeliminate risks or guarantee the security of personal information. Unauthorized access or use,hardware or software failure, and other events may compromise the security of your informationat any time, and we bear no liability for access to or disclosure of personal information or otherdata arising in connection with the theft of the information or other malicious action by any thirdparty.

12. LOCATIONS OF PROCESSING

Subject to applicable laws, our personal information may be stored and processed in yourcountry of residence or another country where we and our service providers maintain operationand facilities. We take steps, including through contracts, intended to ensure that the informationcontinues to be protected wherever it is located in a manner consistent with the standards ofprotection required under applicable law.

13. PRIVACY IN USE OF THIRD-PARTY SERVICES, COMPONENTS, AND LICENSES

As a convenience to our users and in conjunction with the Service, we may offer access or linkto the Third-Party Services, the Third-Party Components, and Third-Party Licenses (each asdefined in the Company’s End-User License Agreement; collectively, referred to as “ExternalServices”). When you use any External Services, you will be leaving our Service, and in suchcase, this Privacy Policy is no longer applicable. Each of these External Services may maintainits own independent privacy policies and procedures which you should consult before providingany of your personal information.

14. CONTACT

If you have any questions, comments, complaints or requests regarding this privacy policy orour processing of your information, please contact us:
Customer Support Team - User Privacy and Data Protection
E-mail Address: support@aistudios.com
Mailing Address: 3223 Hanover St suite 110, Palo Alto, CA94304

15. FOR CALIFORNIA RESIDENTS ONLY

Do Not Track Disclosure

As required by Section 22575 of the California Business and Professions Code, the followingdisclosure is made to California residents and to residents of other states:

Neither our Website nor the App alter their respective behavior or change their respectiveservices when they receive a “do-not-track” flag or signal from your operating system orbrowser. As described herein, we use cookies and other tools to collect information about youwhen you visit our App to, among other things, better tailor the features, performance, andsupport of our Service, the Website, and the App. After you leave or close-out from the Websiteor App, we do not track your online activity on other apps or websites, but third parties (and theiraffiliates) may track your online activity to offer you advertisements. This tracking is anonymousand is not linked to your personal data.

Marketing

We collect various types of personal data about you during the course of your relationship withus. Under California law, if you are a resident of California, you may make a written request tous to disclose the categories or specific pieces of personal data of yours which we have sharedwith third parties for the third parties’ direct marketing purposes during the prior year. Inresponse to your written request, we are allowed to provide you with a notice describing thecost-free means to opt-out of our sharing your information with third parties with whom we donot share the same brand name if the third party will use such information for its directmarketing purposes.

If you would like to exercise your rights under California law, please send your written request tothe e-mail address or postal address below with the words “CALIFORNIA OPT-OUT” in ALLCAPS in the subject line or clearly set forth elsewhere. Please include your postal address inyour request. Within thirty (30) days of receiving your written request, we will provide you with aThird-Party Direct Marketing Opt-Out Form so you may request that your personal data not bedisclosed to third parties for their direct marketing purposes.

Customer Support Team - User Privacy and Data Protection
E-mail Address: support@aistudios.com
Mailing Address: 3223 Hanover St suite 110, Palo Alto, CA94304

Consumer Rights Under the California Consumer Privacy Act of 2018 (the CCPA)

To the extent the California Consumer Privacy Act is applicable, with certain exceptions,including in connection with data subject to federal regulation (i.e., the Health InsurancePortability and Accountability Act (HIPAA), the Gramm-Leach Bliley Act California (GLBA), theFair Credit Reporting Act (FCRA), or the Drivers’ Privacy Protection Act (DPPA)), contractualrights and obligations, and certain other exceptions, California residents have the followingrights with respect to our data collection and data processing of California residents’ personaldata which is collected in California, processed in California, or part of a transaction occurring inCalifornia:

  1. The right to know whether your personal data was collected by us. In large part, thepersonal data we collect is set forth above in this Privacy Policy.
  2. The right to request the categories and specific pieces of personal data that we havecollected about you in the past 12 months, the categories of sources for which thatinformation is collected, the business purposes for collecting or selling the information,and the categories of third parties with whom the information is shared.
  3. The right to know what information we are collecting about you and the purposes forwhich it is being used. In large part, the type of information we collect and the purposefor which it is collected is set forth above in this Privacy Policy.
  4. The right to not allow us to sell any of your personal data.
  5. The right to have your personal data deleted, subject to certain exceptions.
  6. The right to not be discriminated against for exercising any of the above rights. We willnot discriminate against you if you exercise any of the above rights. However, asexplained, some or all of the Service necessarily requires us to process your personaldata and share your personal data with certain third parties in connection with providingthe Service. Therefore, and as explained above, exercise by you of certain of the aboverights may impact our ability to provide the Service to you.

TO THE EXTENT APPLICABLE, AND TO EXERCISE ANY OF THE ABOVE RIGHTS, PLEASECONTACT US AT ANY OF THE BELOW AND INCLUDE THE WORDS “CCPA RIGHTS” IN ALLCAPS IN THE SUBJECT LINE, AND LET US KNOW THAT YOU WANT TO EXERCISE YOURCCPA RIGHTS AND WHAT RIGHTS YOU SEEK TO EXERCISE.

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