Privacy Policy

Last Updated: June 25, 2024

This Privacy Policy (the “Policy”) governs the use of the website, application, or other portals(“Platform”) by website visitors, subscribers, customers, and users (“you”, “your” or “User”), whether in a logged-in state or without logging in and has been prepared in compliance with the applicable laws including but not limited to the Information Technology Act, 2000, rules thereunder, and the Digital Personal Data Protection Act, 2023 (“Applicable Law”). We may collect, process, record, organize, structure, store, adapt, retrieve, use, align, combine, index, share, disclose or disseminate, erase, or destroy (“process”) information about an individual who is identifiable by or in relation to such data (“Personal Data”). Any information about you which does not identify you, such as de-identified aggregated, statistical data or data obtained by the use of our website which does not indicate your identity, are not Personal Data, unless they identify you or such categorization is required by Applicable Law.

Gan Studio Inc. with registered address at 25743 Wood Creek Road, Perrysburg, OH 43551 UnitedStates, including our group entities, affiliates, directors, employees, etc., (collectively “Gan”,“us”, “we”, or “our”), provides services including end-to-end video and audio personalization solutions and services in relation to digital media and related tools and services. ( “GanService”).

We shall undertake all or any forms of processing of your Personal Data only upon receiving your express consent the processing of Personal Data, unless such processing is permissible or required under legally permissible basis. You agree that you have the option to request the Company to make available this Policy in any Indian regional languages (indicated in Eighth Schedule of the Constitution of India) or English.

We may make changes to this Policy from time to time. We will change the “Last Updated” date if any changes are made to this Policy at a later date. The same would be intimated to you by way of an email. You are encouraged to approach us in case you have any questions.

The Policy is made effective immediately after implementation. If you do not agree to the amended Policy, you have to intimate us and stop using the Gan Service. We may use your Personal Data in case we have to stop any further processing of your Personal Data. We may provide additional or supplementary privacy policies depending upon the products and services extended to you, the region from which you access our Platform or other factors.

Table of Contents

Personal Data we collect and process;
Purpose for processing your Personal Data;
Sharing of your Personal Data;
Your rights in relation to Personal Data;
Third-party links and websites;
Security of processing;
Transfers outside your territory of collection;
Miscellaneous; and
Grievance Redressal & Contact.
Addendum I: Additional terms for California Residents

(I) PERSONAL DATA WE COLLECT AND PROCESS

We collect and process your Personal Data of different types and for different purposes. The Personal Data processed by us may also depend upon whether you are logged-in or out, when you may create an account on the Platform (“Account”). You agree that you shall provide the most updated, accurate, and valid personal data to us and we shall not be held liable for all or any inconsistency or inaccuracy of the Personal Data you provide us. The Personal Data processed by us includes the following:
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Information you provide to us
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1. Contact Data: You may provide us with contact information about you which includes your name, email address, mailing address, professional or occupational details, phone number or combination thereof, to enable us to reach out to you. You may also provide us with any additional information that may be required for resolution of your query.
  
  You may provide us with this data in a logged-in or logged-out state.
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2. Communications Data: You may provide us with certain information such as social media handles, or any other unique identifier pertaining to You corresponding to a one or more social media platforms, while engaging and communicating with us over the phone, email or through other communication channels.
  
  You may provide us with this data, in a logged-in or logged-out state.
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3. Registration Data: You may provide us with details relating to the registration of yourAccount on the Platform. This includes name, phone number, email addresses, passwords, access code, occupational or professional information, or any other information as may be required under statutory law. This also includes data that you may update at any time in the future using your Account on the Platform.
  
  You may provide this data at the time of Account registration or in a logged-in state.
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4. Variable Data: Where you are seeking the Services for yourself or for your own use(commercial or otherwise), you may upload, create, provide, store, and share content, data, audio files, images, video files, text, information, and other items (collectively, the“User Content”) including for use in connection with creating a personalized video, containing initial audio and video samples featuring you, your voice or other forms of Personal Data present therein. We will process such user content for the purposes of providing the Services. which may feature along with other information such as logos, distribution data, comments, questions, messages, files, content, or information that you may upload, generate, transmit, or otherwise make available on the Platform (“User Content”) and metadata associated with the same (such as computer details, location(“Metadata”). This may include voice recordings and voiceprint required for operating the Gan Service. However, we do not process such data for establishing individual identity or undertake profiling in any form.
  
  You may provide us with this data in a logged-in state or logged-out state.
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5. Transactional/Financial Data: You may provide us with certain data relating to the completion of a transaction, including without limitation, payment information, payment method, credentials, credit or debit card data or information, banking or other credentials, payment gateway reference details or any other information you may provide for completion of a transaction on our Platform. This may also include information you may provide to us for refunding any amount paid by you to us, for any purpose in accordance with our policies, such as bank account details, transaction reference details etc.
  
  You may provide us with this data through emails or in a logged-in state.
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6. Other data: You may provide us with any other data that is not listed herein above and otherwise disclosed by you voluntarily through email, phone, or other communications or even through contact forms available on our Platform for certain legitimate purposes of employment, organizational security and verification of visitor identity or otherwise as applicable.
  
  You may provide us with this data in a logged-in or logged-out state.
  
  Automatic Collection, including through cookies and tracking technologies
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7. Device data: We may collect your device data i.e., details of your computer, mobile device such as operating system, type and version, manufacturer, make, browser type, screen resolution, IP address and unique identifiers, device carrier, network information and geographic area or location information. We may collect this through the Platform, or through email communications.
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8. Usage Data: We may collect usage data such as time spent on a website, page, browsing history (last visited page), navigation, on-button click time, navigation path, activity on a screen or page such as cursor activity, keyboard strokes, access and duration times. This information may be collected if you visit our Platform or through email communications sent by us to you.
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9. Other data not specifically listed here but disclosed as a part of privacy policy or during interactions
  
  Third-Party sources
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10. Third-Party Sources: We may also collect information about you from third-party sources, including, without limitation, the following:
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  1. Publicly available data;
  2. Information received from affiliates or group entities;
  3. Information received from marketing or other partners, affiliates, referees etc.;
  4. Information from third-party services such as data providers & social media services (if you use the same to login to your Account); and
  5. Information about you that has been submitted on the Platform by Users.
    
    It must be noted that any personal data or information submitted or collected through third-party websites, on which Gan-generated video is shared, shall be subject to the privacy policies of such third-parties.
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11. System Data: You may provide us with any additional data or information, including details of access logs, screenshots, screen recordings, remote sessions, remote access to your computer, error messages, or any other information which may reveal to collection of Personal Data about you.
  
  You may provide us with this data in a logged-in state.
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12. Google API: You may provide us with additional information to avail the services and any additional features offered on the Platform, such as sharing of videos using your Gmail accounts using the API integration in the Platform. Any personal data collected through such API (for e.g., name, email address, IP / MAC address etc.) shall be in accordance with the policies of such third-party platforms such as the Limited Use Policy (available at https://developers.google.com/terms/api-services-user-data-policy).
  
  You may provide us with this data in a logged-in or logged-out state
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Disclaimer - The Platforms operated by Gan Studio, use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy (as specified above), including the Limited Use Requirement.

(II) PURPOSES FOR PROCESSING PERSONAL DATA

We may process or use your Personal Data (including transfer the same outside India, or disclose to third parties) for the purposes set out below or otherwise described at the time of collection, etc. Without limitation, this may include:
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1. To enable use, access or otherwise engage with Platform and to deliver the Gan Service;
2. To provide financial documentation such as Invoices pertaining to the Gan Service rendered to you;
3. To contact you with regard to your requests and inquiries made;
4. To operate and improve the Platform to foster a positive user experience, maintain security features, and improve our business as a whole, and for related research;
5. To maintain your user profile on the Gan Service;
6. For non-targeting reasons such as frequency capping, regulatory compliance, billing, ad reporting or delivery, market research, or product development purposes;
7. To comply with Applicable Laws;
8. For employment related purposes, including recruitment, processing applications, evaluation, monitoring, performance assessment and/or termination;
9. To conduct audits and quality assessment procedures for the Platform and Gan Service;
10. For Research and development including to analyse and improve upon the Gan Service, models or other products and services being delivered;
11. For advertising our products and services, including the Gan Service, on our website or other social media, electronic or non-electronic modes and media;
12. To analyse the use of our resources, servers, troubleshooting problems and improving our products and services;
13. To analyse data, tracking trends, building algorithms, creating databases for rating systems, recommendation engines, feedback mechanisms, etc.;
14. To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms, or as otherwise required by law;
15. To respond to any queries that you may have, and to communicate information to you, including notifications of any promotions or alerts, any changes/updates to the Platform;
16. To contact you, by way of SMS, email and phone calls, from time to time to record your valuable feedback on our Platform, and/or any potential changes or improvements that may be ordered in the future to the Platform or to the Gan Service;
17. To inform you about our new products being ordered for marketing purpose; and
18. To allow you to upload content or send videos generated on the Platform using email service providers (for e.g., Gmail) using the Platform.
(collectively the “Purposes”)

(III) SHARING OF PERSONAL DATA

We may share Personal Data with third parties in the manner and for purposes outlined below:

With our affiliates, group companies for the Purposes or in the instance of Corporate restructuring ;
With third parties to enable them to provide the Gan Service, the Platform, or related products and services to you or other third-parties;
With our service providers for services such as hosting, email, audits, fraud detection, etc.;
With third parties for providing us with marketing, communications, data analytics, research and development and other services;
With third parties where you have instructed us or provided your consent to do so;
With our business and marketing partners, with whom we may enter into any business or corporate restructuring transaction(s) with;
With professional advisors, where and to the extent necessary, in the course of providing professional services to us;
With the Government and law enforcement authorities to comply with Applicable Laws;

It must be noted that some of our Services enable you, as users, to upload, manage and publish content to your own website or to third party websites. We are not responsible for any personal data you disclose through our Services, and recommend that you exercise caution when deciding to disclose personal information through the functionality on our Platform. Further, we only retain your Personal data for as long as it is required for the specified purpose.

(IV) YOUR RIGHTS IN RELATION TO PERSONAL DATA

In accordance with Applicable Law, we have enumerated below certain rights available to you in relation to your Personal Data. We will extend all rights available under Applicable Law, in accordance with the following conditions:

Provision of appropriate evidence or documentation to conﬁrm your identity;
Response to your requests within 30 (thirty) days, except where it may take us more time to respond, in which case we will inform you of the same;
Charge fees to comply with your requests to cover our costs etc. in the form of amount of time, effort or money is involved in responding to your requests, if and to the extent permissible by Applicable Law;
In cases of a Force Majeure Event (defined hereafter), we may not be able to respond to your requests for the duration for which it may persist;

The following rights are available to you:

i. Right to Access Information about Personal Data : You have the right to obtain certain information from us with regard to our processing of your Personal Data:
- a summary of your Personal Data being processed by us;
- processing activities undertaken with regard to your Personal Data;
- identities of third parties (including processors and other entities) with whom we have shared your Personal Data;
- description of Personal Data shared with such third parties; and
- any other information which is or has been prescribed under Applicable Law.

However, in certain circumstances, we may be unable to comply with your request:

where we have shared information further to a request made for the specific purposes of prevention, detection, or investigation of o[ences or cyber incidents or for the prosecution of offences;
where we have shared information with the Government or authorized law enforcement agencies and we are required to maintain secrecy; or
where sharing such information is contrary to Applicable Law.

ii.Right to Correction and Erasure of Personal Data : You have a right to request the following:
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- correction of inaccurate or misleading Personal Data;
- completion of incomplete Personal Data;
- updating of inconsistent or outdated Personal Data; or
- erasure of your Personal Data.

However, in certain circumstances, we may be unable to comply with your request:

where we have determined that the correction, completion or updating your Personal Data is untrue, fraudulent, or otherwise violative of Applicable Law; or
where retention of your Personal Data is required by us for legal compliance, and any correction, completion or updation is against Applicable Law.

iii. Right to Grievance Redressal: You may contact our Grievance Redressal Officer in respect of the performance of our obligations under Applicable Law or regarding theexercise of your rights under Applicable Law. We will respond to your grievances within the timelines prescribed under Applicable Law.

You also have the right to file a complaint or appropriate appeal before an authority, including the Data Protection Board of India, supervisory authorities or any other authority empowered by law to deal with your grievances, if you are not satisfied with the outcome of our grievance redressal mechanism provided by the Company.

iv. Right to Nominate: You have a right to nominate any other individual who shall exercise your rights in respect of the Personal Data processed by us, in the event of death, incapacity, or inability to exercise your rights.

Please note that in accordance with the Applicable Law, where we rely on your express consent for the processing of your personal data, you have the discretion of withdrawing your consent at a point in time during the processing of your personal data. We assure you that in case of such a request, we will delete all your Personal Data unless retention is required under Applicable Laws.

(V) THIRD-PARTY LINKS

Through the use of the Platform, you may access certain third-party links to other services, which may, for example, require transmission of Personal Data to third parties. We are not responsible for the collection or use of Personal Data in such applications or services provided by any third party and recommend that you carefully review applicable terms for (and any integrity policy related to) such applications or services before you use them. If you have questions concerning a certain third party's use of your Personal Data, please contact the third parties directly.

Google API Platform
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The platform allows the user to upload or send videos through the users Gmail Account. If and when using such service, it is clarified that this Privacy Policy shall be read with the Privacy Policy of Google available at - Google API Services User Data Policy (available at https://developers.google.com/terms/api-services-user-data-policy). The Company shall not be liable for all or any regulatory compliance with the applicable laws to be maintained by Google.

It is further clarified that that the use and transfer to any other app of information received from Google APIs will be in accordance with the Google API Services User Data Policy, including the Limited Use Requirements. We urge you to read the Google API Services User Data Policy to remain informed of the personal data processing undertaken by Google in regard to the Purposes mentioned above.

(VI) SECURITY OF PROCESSING

We will work towards the security, integrity and privacy of your Personal Data and to protect your Personal Data against unauthorized access, disclosure or processing to the extent reasonably contemplated.

We implement the necessary reasonable security measures, technical and organizational measures including but not limited to ISO 27001 and SOC2 certification, required under Applicable Law to protect your Personal Data against any unauthorized processing of Personal Data or accidental disclosure, acquisition, sharing, use, alteration, destruction or loss of access to Personal Data which may compromise confidentiality, integrity or availability of such Personal Data (referred to as a “Personal Data Breach”).

We shall not be held responsible for any loss, damage or misuse of your Personal Data if such loss, damage or misuse has taken place as a result of a Force Majeure Event. For the purpose of this Policy, a “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, ﬁre, flood, explosion, acts of God, civil commotion, strikes, insurrection, war, internet shutdowns, epidemic, pandemic, acts of government, computer hacking, software failure and storage device, blocking orders, government interventions, computer crashes etc.

Reporting of Personal Data Breach

We will promptly report all Personal Data Breach and other cyber incidents to the appropriate authorities such as the Data Protection Board of India, CERT-IN, and other persons, including you, in accordance with Applicable Law. We will take all reasonable and appropriate remedial directions and measures by such authority to prevent further loss or damage and to mitigate harm, as may be specified by Applicable Law. We may also contact you to report such PersonalData Breach to you based on directions issued by authorities under Applicable Law.
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(VII) TRANSFERS OUTSIDE YOUR TERRITORY

Our data centers/servers are located in the United States. However, we may store or transfer your Personal Data outside your territory of collection for the Purposes enlisted in this Policy. We may transfer such Personal Data to territories or countries to which transfers are permitted under Applicable Laws. We will also ensure adherence to the transfer conditions, specifications and implement necessary safeguards such as encryption, anonymisation, or pseudonymisation of data at rest and in transit as required under Applicable Law.
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(VIII) CERTAIN CATEGORIES OF PERSONAL DATA

We do not intend that the Gan Service or our Platform is used by anyone (minor/children) under 18 (eighteen) years of age. In the event that you are under 18 (eighteen) years of age or are a person with a disability, you agree to only access our Platform and use the Gan Service and/or provide your Personal Data to us only with the express consent of your parent or legal guardian. You also agree that your parent or legal guardian has read, understood, and agreed to the terms and conditions, including the Policy with regard to your access of the Platform and/or Gan Service and for providing your Personal Data.

If we learn that we have collected your Personal Data without the consent of a parent or guardian, we will take all necessary actions required under Applicable Law, including deleting your Personal Data and information and stop all or any forms of processing of personal data for the mentioned Purposes.

(IX) MISCELLANEOUS

Changes to the Policy: We reserve the right to change, make any modiﬁcations, repeal or replace this Policy at any time, so please visit the Platform regularly to review our privacy statement. We will notify you of such change by updating the date of this Policy indicated on the page. Any or all modiﬁcations will be effective upon posting the same, or as otherwise indicated. Any continued use of the Platform by you, following any such amendments, repeal or replacements to the Policy, may be deemed as an implicit acceptance of the Policy in its amended form, to the extent permissible by Applicable Laws.
Access of the Platform: We are not responsible for your compliance with Applicable Laws in relation to the use and access of this Platform. You are solely responsible for complying with any and all Applicable Laws in relation to access of the Platform, including from an overseas location, at your own risk. We do not guarantee that the Platform will be available to you or that it will meet any uptime requirements.
Assignment: We may assign any or all of our rights and obligations under this Agreement to any third-party, including to our affiliates and group entities, will shall inform you of such assignment by the means of updated Policy.
Severability: If any provision of this Policy or any part of any such provision is held to be invalid, or unenforceable, such provision or part (as the case may be) shall be ineffective only to the extent of such invalidity, or unenforceability, without rendering invalid, or unenforceable or otherwise prejudicing or affecting the remainder of such provision or any other provision of this Policy. We shall use all reasonable endeavours to replace the invalid or unenforceable provisions with a valid and enforceable and satisfactory substitute provision, achieving as nearly as possible the intended commercial effect of the invalid, illegal or unenforceable provision.
Grievance Redressal: If you have any questions on this Policy, our practices with regard to handling of your Personal Data or your dealings with the Platform or wish to express any grievances with regard to our processing of your Personal Data, you can contact our Grievance Officer whose coordinates have been provided below.

We shall acknowledge your Grievance within 24 hours of receiving your complaint and will employ all reasonable efforts to resolve your grievances or concerns and communicate to you with necessary steps at the earliest opportunity and at the latest within 30 (thirty) days from the date of receipt of your communication. We may need additional time to meet your request in certain circumstances and will inform you about the same. You also have a right to approach any authority empowered by law to make complaints including but not limited to the Data Protection Board of India if you are dissatisfied with the outcome of this grievance redressal effort.

Name of Grievance Officer : Mr. Siddhant Bhriguvanshi
Email Address: info@gan.studio
Phone: +16787017627
Mailing Address: __________________________
Grievance Redressal Link (If any): _________________________
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ADDENDUM I: ADDITIONAL TERMS FOR CALIFORNIA RESIDENTS

This addendum is applicable to the residents from the State of California, United States. It describes how we collect, use and share personal data of California residents and your rights available under law. If you are unable to access this Policy due to disability or any physical or mental impairment, please contact us and we will supply the information in an alternate form.For the purposes of this addendum, ‘personal data’ will have the meaning assigned under the California Consumer Privacy Act (“CCPA”).

As a resident of California, you have certain rights regarding your Personal Data (including pseudonymized data, if any) we collect or maintain, which are provided under applicable law, including CCPA. We may extend or decline your requests to exercise these rights, as per the CCPA.

(a) Right to access: You have the right to request that we disclose what Personal Data we have collected, used and disclosed about you in the past 12 (twelve) months, along with purposes of such collection and third-parties with whom we have shared your Personal Data.

You may also opt out of a ‘sale’ of your personal data. Please note, however, that we do not sell your information, as deﬁned in the CCPA.

(b) Right of deletion: You have the right to request that we delete Personal Data about you collected or maintained by us, except in certain situations.

(c) Right to non-discrimination: At the outset, we do not charge or deny different prices, products and services (including the Gan Service) or provide a different level of quality of goods or services if you choose to exercise your rights. You have the right to not receive any discriminatory treatment when you exercise one or more of your privacy rights.

You can exercise these rights by yourself or designate an agent (who you must provide written permission to) to exercise these rights on your behalf. For the purpose of processing your requests, we may have to verify any of the following:

(a) your identity by methods appropriate to type of your request;
(b) written authorization or permission provided by you to the agent to represent you; and
(c) the identity of your agent.

Certain information may be exempt from such requests under California Law, and we will comply with applicable laws in relation to such information or requests.

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