CAIMERA PRIVACY POLICY
Welcome to Caimera, the online Service of Bahaal Technologies Pvt Ltd (“Caimera,” “we,” or “us”). Our Privacy Policy explains how Caimera and its affiliates collect, use, disclose, and protect information that applies to our visual communication platform (the "Service"), and your choices about the collection and use of your information. Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Terms of Use. If you do not want your information processed following this Privacy Policy in general or any part of it, you should not use our Service. This policy applies to all users of the Service, including, but not limited to users of our generation portal.
1. Information we collect
We collect the following types of information about you:
(a) Information you provide us directly
We may ask for certain information when you register for an account or correspond with us (such as your first and last names and email address). We also collect any messages you send us through the Service, and may collect information you provide in User Content you post to the Service (such as text and photos you upload or send us to use in AI generations). We use this information to operate, maintain, and provide the features and functionality of the Service to you, to correspond with you, and to address any issues you raise about the Service. If you don’t provide your personal information to us, you may not be able to access or use our Service or your experience of using our Service may not be as enjoyable.
(b) Information we receive from third-party applications
We may receive information about you from third parties. For example, if you access the Service through a third-party connection or log-in, such as Facebook, Google, by “following”, “liking”, adding the Caimera application, linking your account to the Caimera App, etc., that third party may pass certain information about your use of its Service to Caimera. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that Service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that Service. You should always review, and if necessary, adjust your privacy settings on third-party websites and Services before linking or connecting them to the Service. You may also unlink your third party account from the Service by adjusting your settings on the third-party Service. If you unlink your third-party account, we will no longer receive information collected about you in connection with that Service. And if you choose to integrate with a third-party application to incorporate elements into your designs, enhance media, supercharge your workflow or share to social media, we could receive data from such apps (as well as disclose data to such apps). If you communicate with us via social media, including Instagram, Facebook etc. and choose to share your user-generated content with us, we may receive information such as videos you’ve created, your photo, your account name and your comments about Caimera.
(c) Information we receive from other third parties
We may obtain information about you from third-party sources, such as public sources, social media platforms (like Facebook, Instagram, LinkedIn, Twitter, and other platforms) and third-party data providers and information Services. Examples of the information we may obtain from such third parties include your company, company size, job title, and seniority, industry and other profile information. We may share your email address or other information in order to obtain and combine this information with information that you provide to us or other information that we collect when you use our Service. We do this to better understand your profile and interests so that we can deliver customised offers and other personalised Services to you, such as serving relevant offers to you via email, chatbots, phone or personalised advertising. Some of these providers may combine data collected from our Service through cookies, pixels, tags and similar technologies, with email or mailing addresses to which they have access to help us serve relevant offers to you.
If you are not a subscriber, we may obtain your contact details from a social media platform, such as LinkedIn, or a third-party data provider, so that we can promote our product offerings and subscriptions to you if we think they would be helpful in your role.
We may also receive information about you and your engagement with our advertisements from our ad servers, ad networks and social media platforms. This may include the websites you visited before coming to Caimera so that we can determine advertising effectiveness and pay our referral partners.
(d) Information we collect from you automatically
We will directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information (please see the paragraph on log file information below) that assists us in improving the Service.
(e) Cookies information and information taken from similar technologies
When you visit the Service, we (and our third-party partners) will send cookies — small text files containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and let's Caimera do things like help you log in faster, enhance your navigation through the site, remember your preferences and generally improve the user experience. Cookies also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. They also allow us to measure traffic and usage trends for the Service, deliver personalised advertisements that may be of interest to you and measure their effectiveness, and find potential new users of the Service.
You can control or reset your cookies and similar technologies through your web browser, which will allow you to customise your cookie preferences and to refuse all cookies or to
indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled. For more information on how we
use cookies and other technologies and how you can control them, please read our Cookies Policy.
(f) Log file information
Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
(g) Clear gifs/web beacons information
When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.
(h) Device identifiers
When you access the Service on a device (including smart-phones or tablets), we may access, collect and/or monitor one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files that uniquely identify your mobile device. A device identifier may convey information to us about how you use the Service. A device identifier may remain persistently on your device, to help you login and navigate the Service better. Some features of the Service may not function properly if use of device identifiers is impaired. Device Identifiers used by Caimera include the Android Advertising ID and iOS Advertising Identifier.
(i) Location data
Caimera collects information in order to understand where its users are located for a number of reasons. It helps us to localise and personalise content, comply with local laws, undertake aggregated analytics, understand if its users use Caimera for domestic, business or educational use, improve advertising efficiency and estimate the tax liability of Caimera. We may collect your precise or approximate location:
from you, when you provide, correct, or confirm your location (e.g., when you purchase products from us);
by inferring your location from your IP address; and
from our partners or your payment provider.
(j) Content within your account
We receive content that you create within Caimera Platform and media you upload for use within it, such as designs, images, documents, videos, and metadata about your content.
2. How we use your information
Caimera uses the information collected about you for the purposes set out below:
a) Providing you with the Service:
We use the information that you directly give us to provide the Service to you. This includes allowing you to log in to Caimera, operating and maintaining the Service, giving you access to your designs, and billing you for transactions that you make via the Service. We also use the information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the site.
b) For data analytics:
We use information about you to help us improve the Caimera Service and our users’ experience, including by monitoring aggregate metrics such as total number of visitors, traffic, and demographic patterns.
c) For analytics and machine learning:
We may analyze your activity, content, media uploads, and related data in your account to provide and customize the Service, and to train our algorithms, models and AI products and Services using machine learning to develop, improve, and provide our Service. You can manage the use of your data for training AI in the privacy settings page under your account settings. These activities include, but are not limited to:
labeling and detecting components in images (e.g., background, eyes) in order to enhance photo editing tools
labeling raw individual data
detecting content prohibited by our Acceptable Use Policy for moderation and security purposes (e.g., pornographic or copyright-protected material);
predicting the most relevant subscription or product offerings for a user to tailor communications and advertising;
search terms and corresponding search results interaction data to build an algorithm to deliver the most relevant design result.
d) Customizing the Service for you:
We use and combine the information you provide us and information about you that we collect automatically and receive from other sources (including information we receive on and off our Service) and combine it with information about the behavior of other users to make sure that your use of the Service is customized to your needs. For example, to recommend templates, that are likely to be useful to you in a design, we may use information derived from your prior behavior on our Service, the use of these elements by other people working on similar designs and other inferred information.
e) To communicate with you about the Service:
We use your contact information to get in touch with you and to send communications about critical elements of the Service. For example, we may send you emails about technical issues, security alerts or administrative matters.
f) To promote and drive engagement with the Caimera Service:
We use your contact information to get in touch with you about taking part in our surveys or about features and offers relating to the Service that we think you would be interested in. We also use information we collect about you to make sure that you get the most relevant offers and promotions based on your use of the Service, and your preferences.
g) To improve the Service:
We analyze information about your use of the Service and your content to better understand how users are engaging with our Service and measure the effectiveness of the Service so we can make improvements and develop our Services for users.
h) For advertising purposes:
We use information about you, including cookies information and other information we (and our third-party partners) collect from you automatically about your use of the Service, to serve, personalize and measure the effectiveness of advertising on the Service and third-party sites and platforms. This includes showing you advertising we think you might find interesting as well as displaying advertising to potential new users that have similar interests. Caimera also reserves the right to use the images generated on the platform for marketing purposes.
i) For marketing purposes:
To the extent permitted by applicable law, we may use your contact information (as defined above) for marketing communications, such as newsletters. You may unsubscribe from these at any time. The newsletter may also contain information and offers from other parties. Each newsletter contains a link that allows you to unsubscribe from our newsletter. The newsletter subscribers file will not be provided to third parties, unless you have given your explicit permission.
Each Party agrees: (a) to receive and maintain in confidence all Confidential Information disclosed to it by (or on behalf of) the other Party; (b) not to use the Confidential Information of the other Party except to the extent necessary to perform its obligations or exercise rights under the Agreement; (c) to limit the internal dissemination of Confidential Information to those employees and contractors of the recipient who have a need to know and an obligation to protect it; and (d) to protect the confidentiality of Confidential Information in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information). Caimera will restrict its employees’ access to the Customer’s Confidential Information to only those employees necessary in connection with the obligation of Caimera under the Agreement. Caimera may disclose Confidential Information on a need-to-know basis to its contractors who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services for Caimera in connection with the performance of the Agreement. Confidential Information shall not include information that: (i) is known publicly; (ii) is generally known in the industry before disclosure; (iii) has become known publicly, without fault of the recipient Party, subsequent to disclosure by the disclosing Party; or (iv) the recipient Party becomes aware of from a third party not bound by non-disclosure obligations to the disclosing Party and with the lawful right to disclose such information to the recipient Party. The Parties agree to give the other Party prompt notice of the receipt of any subpoena or other similar request for such disclosure.
Caimera may use the Customer’s name and credentials in an appropriate and acceptable manner for its standard marketing promotions, provided that Caimera agrees to cease or alter such use at the Customer’s request where such use is contrary to the Customer’s branding policies, could cause any brand confusion in the market or is otherwise objectionable to the Customer. Acceptable and standard marketing promotions include, but are not limited to, client listings, press releases, surveys, interviews, reputable business publications, television, and website presentation and promotion. Separately, the Customer may be requested by Caimera to allow Caimera to use 1 (one) or more of the Customer’s projects for similar promotions as described above. The Customer is free to refuse such use.
j) Customer happiness:
We use information about you, information that we collect or and from within your account, information that you provide to our customer happiness team, and information about your interactions with the Service to resolve technical issues you experience with the Service, and to ensure that we can repair and improve the Service for all Caimera users.
k) For security measures:
We use information about you and from within your account to monitor activity that we think is suspicious or potentially fraudulent, and to identify violations of this Privacy Policy or our Terms of Use.
l) For matters that you have specifically consented to:
From time to time Caimera may seek your consent to use your information for a particular purpose. Where you consent to our doing so, we will use it for that purpose. Where you no longer want us to use your information for that purpose you may withdraw your consent to this use.
m) For troubleshooting, error resolution and Service improvement:
We may need to review your designs to support your request for help, correct general errors with the Canva Service or improve our Services.
n) For matters that we are required to use your information by law:
Caimera will use or disclose your information where we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use and our Acceptable Use Policy or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Caimera, our users or others.
By downloading or using the app or the website, these terms will automatically apply to you, you should make sure therefore that you read them carefully. You're not allowed to copy, or modify the app/website, any part of the app, or our trademarks in any way.
You're not allowed to attempt to extract the source code of the app, and you also should not try to translate the app into other languages, or make derivative versions. The app/website itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Caimera.
Caimera is committed to ensuring that the app/website is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its Services, at any time and for any reason. We will never charge you for the app or its Services without making it very clear to you exactly what you're paying for.
You should be aware that there are certain things that Caimera will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Caimera cannot take responsibility for the app/website not working at full functionality if you don't have
access to Wi-Fi, and you don't have any of your data allowance left.
If you're using the app outside of an area with Wi-Fi, please remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you're accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
o) Changes to these Terms and Conditions
We may unilaterally amend or update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These amendments shall be effective on the date when they are published. The user is obliged to follow these amendments and updates and shall be deemed to have agreed with these amendments in case the User confirms these amendments and continues to use Caimera Apps following the publication.
The user acknowledges that it cannot gain a title and/or status of Caimera's representative, authorized person, agent, commercial representative, stakeholder, solution or business partner, dealer etc. by concluding this Agreement; therefore, the User shall not be able to disclose a notification to be interpreted as such in any documents, brochures and advertisements to be arranged by and between third parties, on its website or in its References.
These terms and conditions are effective as of 1st April 2023.
If you have any questions or suggestions about our Terms and Conditions, please contact us at via contact@caimera.ai
3. What are your privacy rights?
(a) You can control your account information and settings
We provide choices about how we process your account information:
You can correct, download or delete the data in your account in Your Account settings; you can request access, correction or deletion of the data Caimera holds on you.
(b) You can withdraw your consent
You have the right to withdraw your consent to us using your information at any time. You can:
Unsubscribe from the marketing messages, however, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices etc.)
You can choose to remove or reject cookies, but please note that it could affect certain features or Services of our Services.
(c) Rights in respect of your Information
The laws of some countries grant particular rights in respect of personal information. Individuals in certain countries, including the European Union, United Kingdom, and Brazil have the right to:
Request access to their information;
Request that we correct inaccuracies in their information;
Request that their information be deleted or that we restrict access to it;
Request a structured electronic version of their information; and
Object to our use of their information.
Should you wish to make a request in respect of your personal information please contact us at contact@caimera.ai You also have the right to object to our processing of personal data about you for marketing purposes and we will stop processing data for that purpose.
In some circumstances, Caimera will not be able to comply with your request regarding your personal data. If we are unable to remove any of your information, we will explain why. For example, we may not be able to provide a copy of your information where it infringes on the rights of another user. In some cases, you may have shared your information with third parties, such as by publishing a design on a third party’s website. In that case Caimera will not be able to delete the information, and you will need to contact that third party directly.
Where you have provided your consent to certain processing and no longer want us to use your information for that purpose, you may withdraw your consent to this use, although this will not affect the lawfulness of processing based on consent before its withdrawal.
4. Keeping your information safe
Caimera cares about the security of your information, and uses appropriate safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, at all times. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment. Your privacy settings may also be affected by changes to the functionality of third party sites. Caimera is not responsible for the functionality or security measures of any third party.
5. How we transfer, store and protect your data
Your information collected through the Service will be stored and processed in India and any other country in which Caimera or its subsidiaries, affiliates or Service providers maintain facilities or employ staff or contractors. Caimera transfers information that we collect about you, including personal information, to affiliated entities, and to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. As a result, we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. However, we always take steps to ensure that your information remains protected wherever it is stored and processed in accordance with applicable laws. Where required under applicable laws, you consent to the transfer of information to any other country in which Caimera or its parent, subsidiaries, affiliates or Service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
6. IPR & Copyright
The images generated by you or generated by us for you, will be owned by you. Having said that, users should ensure that:
They should be the owners of the images they upload as input to the Caimera dashboard or send us for generation.
The user is responsible for the inappropriate content they generate. If found using the Caimera Services for generation of any inappropriate, malicious or copyrighted content, Caimera reserves the right to report the user to the designated authorities. Caimera will not be responsible for liabilities in such cases.
7. Limitation Of Liability
To the extent permitted by applicable laws, you expressly understand and agree that Caimera shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the Caimera app; (ii) unauthorized access to or alteration of your transmission or data; (iii) statements or conduct of any third party or (iv) use of copyrighted images as input images by the user (v) generation of inappropriate, malicious content, (vi) any other matter relating to Caimera.
In case of the use of the Caimera dashboard for image generation, the ownership of training of images lies with the user, Caimera cannot be held responsible for the inability to use the Caimera app.
In no event shall Caimera's total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for accessing the Caimera App. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. How long we keep your information
Following termination or deactivation of your user account, Caimera will retain your profile information and user content for a commercially reasonable time, and for as long as we have a valid purpose to do so. In particular, Caimera will retain your information for the purpose of complying with its legal and audit obligations, and for backup and archival purposes.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.