Privacy Policy

Privacy Policy for Videograph Users and Subscribers

This Privacy Policy (“Privacy Policy”) discloses the privacy practices for your use of the online platform accessible at videograph.ai (“Website”).

This Policy applies to the Website and all corresponding domains, subdomains, web pages and websites associated therewith (collectively, the “Platform”) and the Website is a platform that provides a set of tools and documentation, such as access tokens, software development kits (“SDKs”) and application programming interfaces (“APIs”), made available on the Website or otherwise by Videograph (collectively, the “Tools”); the Videograph streaming service; Videograph’s data analytics and optimization service and associated data and recommendations transmitted through use of the APIs (the “Analytics Data”); and any other tool, website, dashboard, or service that provides or allows you to access any of the foregoing (collectively, the “Service”) to help businesses build and optimize their content.. This Privacy Policy only governs the Services, Website and the Platform and does not apply offline. This Privacy Policy does not alter the terms of any other agreement that you may have with us. By accessing or using the Services, you agree to the terms of this Privacy Policy and consent to the collection, storing, processing and using of information as discussed in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not access the Services or provide your information to Videograph.

By visiting this Website and/or the Platform, you agree to be bound by the terms and conditions of this Privacy Policy. Please read this Privacy Policy carefully. By using the Website and/or the Platform, you indicate that you understand, agree and consent to the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use/access this Website/Platform.

We will review this Privacy Policy from time to time to make sure it is up-to-dated. If you are just a visitor, then please note that this Privacy Policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this Privacy Policy periodically. If you are our registered user, we will notify you on your registered email address before we make changes to this Privacy Policy and give you the opportunity to review the revised Privacy Policy before you choose to continue using our Services.

By Personal Data, we mean your registered email address, your name, name and details of organisation in case you are registering on behalf of your organisation, or/and that can either itself identify you as an individual (“Personally Identifying Information”) or that can be connected to you indirectly by linking it to Personally Identifying Information.

Collection of information

As a visitor, you can browse our Website to find out more about our Website including, to use the free tools such as Player Tool to test video playback etc., You are not required to provide us with any Personal Data as a visitor. When you visit the Website, we collect and store certain information in order to improve security, analyse trends and administer the Website with a view to assist us in improving customer experience. We use this information to evaluate traffic patterns on our Website and/or Platform so that we can make it more useful to our visitors. We collect your Personal Data when you (i) register with us, (ii) express an interest in obtaining information about us or our products and Services, (iii) participate in activities on our Website and/or Platform or (iv) otherwise contact us.

We will only collect your Personal Data if we have a proper reason for doing so, including but not limited to  (i) to comply with our legal and regulatory obligations; or (ii) for the performance of our contract with you; (iii)to take steps at your request before entering into a contract; (iv) for our legitimate interests or those of a third party; or (v) where you have given consent. A legitimate interest is when we have a business or commercial reason to use your Personal Data, so long as this is not overridden by your own rights and interests. In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person (for example, to prevent payment fraud or confirm your identity).

Our primary goal in collecting your Personal Data and other personal information is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services that most likely meet your needs and to customize our Website to make your experience safer and easier. We also use your Personal Identifiable Information together with other Personally Non-Identifiable Information to help us better understand our users and to improve the content and functionality of our Website and/or Platform and therefore, the Services. The information we learn from you helps us personalize and continually improve your experience at our Website and/or Platform. We do not voluntarily make this information available to third parties, nor do we use it for any other purpose, except as set out herein.

  1. When you visit our Website, we may collect a variety of information that you will voluntarily provide to us via one of our contact forms, via a chat or phone session (Personal Identifying Information), such as:
    • Contact Information, such as name, email address, display picture, google mailing address, phone number, IP address, geographic location, or phone number
    • Permission to manage post on Videograph.

We collect information about you and your use of our Website and Services, your interactions with us as well as information regarding your computer or other device used to access our Website and Services.

Usage and retention of information

We use the Personal Data and other personal information  (a) where it is necessary to deliver the Services you have requested, and/or (b) where it is necessary to exercise or comply with legal rights or obligations or for normal business purposes of the kind set out in this Privacy Policy. We will use your Personal Data and other personal information to provide, analyse, administer and improve our Services, to provide you with a personalized experience on our Website (especially, by offering services that is best suited for you), to contact you about your account and our services, to provide you customer service, to provide you with personalized marketing and to detect, prevent, mitigate and investigate fraudulent or illegal activities. We further use your Personal Data and other personal information to determine your general geographic location, provide localized content, provide you with customized and personalized content, recommendations, determine your Internet service provider, and help us quickly and efficiently respond to inquiries and requests and enforcing our terms (such as determining free trial eligibility) and communicate with you concerning our Services (for example by email, push notifications, text messaging ,and online messaging channels), so that we can send you details about new features and content available on the Website, special offers, promotional announcements, surveys, and to assist you with operational requests such as password reset requests.

Community

Videograph is a community. We may offer several features that allow members to connect and communicate in public or semi-public spaces, such as forums and teams. Please be sensible and judge before posting in these community spaces or sharing your personal information with others on Videograph. Be aware that any personal information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages.

Sharing and disclosing personal information

We use other companies, agents or contractors (“Service Providers”) to perform services on our behalf or to assist us with the provision of Services to you. We engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize our Website and Service, to provide customer service, and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information.

We do not authorize them to use and/or disclose your Personal Data and other personal information except in connection with providing their services as mentioned above.

 Any Personal Data collected from you shall be processed in India in accordance with applicable laws. Therefore, we transfer your Personal Data and other personal information collected from you, to India. By submitting your data and/or using our Services, you consent to the transfer, storing, and processing of your Personal Data and other personal information in India.

Security

We shall try to take all precautions to protect the Personal Data and other personal information online. We will try to protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. We have standard SSL certification which basically helps us create a secure connection between our server and user to render any information or action. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres and information access authorization controls. Only user passwords are encrypted and stored because generally users use the same password on multiple sites, to prevent any kind of theft, piracy or unauthorised access. If you believe your account has been abused or hacked, please contact us by sending us an email at [email protected].

We do not sell, transfer or rent your Personal Data and other personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your Personal Data and other personal information  on computers located in India that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Personal Data and other personal information being transferred or used in this way, please do not access or use this Website.

Under no circumstances, we rent, trade, transfer or share your Personal Data and other personal information that we have collected with any other company for their marketing purposes without your consent. We reserve the right to communicate your Personal Data and other personal information to any third party that makes a legally-compliant request for its disclosure.

Keeping your personal data secure

We have appropriate security measures to prevent your Personal Data and other personal information  from being accidentally lost or used or accessed unlawfully. Processing your Personal Data and other personal information will be done only in an authorised manner and subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you about any applicable regulator of a suspected data security breach where we are legally required to do so.

Notwithstanding anything contained anywhere in this Privacy Policy; we cannot assure absolute security to your Personal Data and other personal information and by entering into the Terms and Conditions or by logging into our Website, you explicitly agree not to hold us liable or responsible for any data breach.

Cookies

We transfer cookies, which are small files containing a string of character, to your IP address, giving the browser distinct identification, in order to keep track of the user’s preferences. Furthermore, these files also help in logging-in faster and they act as a mechanism to determine user trends. The data thus retrieved from the user’s IP address, enables us to enhance our offers, including but not limited to more content in areas of greater interest to a majority of users. Our Website uses “cookies” to identify the areas of our Website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to personalize the Videograph Content that you see on our Website. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access functionality on our Website correctly or at all. We never place personally identifiable information in cookies.

Third parties and links

We may pass your details to other companies in our group of companies. We may also pass your details to our agents and subcontractors to help us with any of our uses of your Personal Data and other personal information set out in our Privacy Policy. For example, we may use third parties to assist us with delivering services to you, to help us to collect payments from you, to analyse data, to provide us with marketing or customer service assistance, monitoring site activity, conducting surveys, maintaining our database, administering emails, and administering content, and to provide aggregate, comparative information on the performance of our website to us and a select group. We may exchange information with third parties for the purposes of fraud protection and credit risk reduction. We may transfer our databases containing your Personal Data and other personal information if we sell our business or part of it. Other than as set out in this Privacy Policy, we shall not sell or disclose your Personal Data and other personal information to third parties without obtaining your prior consent unless it is necessary for the purposes set out in this Privacy Policy or unless we are required to do so by law. The site may contain advertising of third parties and links to other sites or frames of other sites. Please be aware that we are not responsible for the privacy practices or content of those third parties or other sites, nor for any third party to whom we transfer your data in accordance with our Privacy Policy.

Our Website may contain links to or function in conjunction with other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors. You are accessing and sharing any of your Personal Data with such linked websites shall be at your own risk. These websites are not subject to this present Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your Personal Data. In addition, these websites may contain a link to websites of our affiliates. The websites of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such websites will utilize your personal information.

Choice

It is open for you to customize our usage of your Personal Data and other personal information to communicate with you, to send you marketing information, how we provide you with customized and relevant advertising, and whether you want to stay signed into your account.

If you do not wish to receive marketing communications from us, you can unsubscribe from the link in the email you would receive or change your communication preferences or indicate your communication preferences. You can also reach us via chat, WhatsApp, call or email to block or opt out of receiving promotional communication to you. Keep in mind, we do not sell or rent your Personal Data and other personal information to third parties for their marketing purposes without your explicit consent.

Ownership of rights and DMCA notice

Videograph respects copyright and other intellectual property laws and expects its users to do the same. The ownership of copyright or other intellectual property rights in and to the Website and/or Platform, Service, Videograph Content and the underlying technology of the Service of Videograph and that of User Content is more particularly described in the Terms and Conditions. You are therefore instructed to read the Terms and Conditions thoroughly before accepting the Terms and Conditions and the Privacy Policy.

Videograph may, in its sole discretion, remove or block User Content (as defined in Terms and Conditions) and suspend your Company Account (as defined in Terms and Conditions) in response to complaints or notices received by it from rights holders or any third party submitted pursuant to the Digital Millennium Copyright Act (DMCA) or similar laws or regulations in any other country, as a result of any claim of infringement or violation of a third party’s rights, in case of any attempted or actual circumvention of protection measures implemented to protect the content (including User Content) and/or in the event of any other breach of your representations, warranties or covenants hereunder.  Videograph will provide you with written notice of any such complaints or notices.  The Parties shall cooperate in good faith to attempt to remedy the cause of suspension, removal or blockage of User Content in order to reactivate the Services as promptly as possible.

If you come across any abuse or violation of these terms, please report to [email protected] 

Consent

By submitting data to us or our agent or using the Website, you consent to our use of your Personal Data in the manner set out in this Privacy Policy. Notwithstanding anything to the contrary contained herein or elsewhere, you and the owner of the content hereby expressly gives consent to Videograph that Videograph has the right to disclose and/or advertise to the public, solely at its discretion, that you and/or the owner of the content have used Videograph’s Services successfully.

Videograph Legal

Consent to this policy

The Terms and Conditions is incorporated herein by reference in its entirety.

General

Modification:

We may at any time modify the Terms and Conditions and/or Privacy Policy of our Website without any prior notification to you.  In case you wish to terminate your account due to a modification to the Terms and Conditions or the Privacy Policy, you may do so by sending an email to us at [email protected]. However, if you continue to use the Services and Website you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions or Privacy Policy of this Website.

Privileged/Exclusive service:

Videograph may disclose information:
  1. as required by law, such as to comply with a subpoena, summons, or similar legal process;
  2. to enforce applicable Terms and Conditions, including investigation of potential violations thereof;
  3. when we believe in good faith that the disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a governmental or judicial request;
  4. with our Service Providers who work on our behalf and do not have an independent use of the information we disclose to them and have agreed to and adhered to the rules set forth in this Privacy Policy;
  5. to protect against imminent harm to the rights, property or safety of the Website or our users or the public as required or permitted by law;
  6. with third party Service Providers in order to personalize the Website/Services for a better user experience and to perform behavioural analysis;
Governing Law and Jurisdiction:

In the event of any dispute arising between the parties with respect of this Privacy Policy, the same shall be referred to the sole arbitrator and the arbitration shall be conducted in accordance with arbitration rules set out by American Arbitration Association as amended time to time. The language of arbitration proceeding shall be English. The seat and place of arbitration shall be Atlanta, State of Georgia and the decision of the arbitrator shall be final and binding on both parties herein.

This Privacy Policy shall be subject to the exclusive jurisdiction of courts in Atlanta, State of Georgia and shall be governed by the laws of USA.