Viben.ai Privacy Policy

Last Updated: 15 October, 2024

1. Introduction

Qualia Systems Pty Ltd trading as Viben.ai ("we," "us," or "our") is committed to protecting your privacy and ensuring that your personal information is handled securely and responsibly. This Privacy Policy outlines how we collect, use, disclose, and protect your personal information in compliance with the Australian Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles (“APPs”). We also strive to uphold privacy standards consistent with international regulations, including the General Data Protection Regulation (GDPR) and the UK Data Protection Act.

By accessing or using our services, including our website and applications (collectively, the "Service"), you agree to the collection and use of your personal information as described in this Privacy Policy.

Contact Information:

2. Scope of This Privacy Policy

This Privacy Policy applies to all users of the Service and covers all personal information collected by us through your use of the Service, including information collected via our website, applications, and any related services.

3. Definitions

4. Collection of Personal Information

4.1 How We Collect Personal Information

4.2 Types of Personal Information Collected

Personal Information Purpose of Collection When Collected Shared With
First Name (Mandatory) To personalize your experience and address you appropriately. At registration. Yes (email delivery service).
Email Address (Mandatory) Account creation, verification, password recovery, and communication. At registration. Yes (email delivery service, billing provider).
Confirmation of Age Over 18 (Mandatory) To comply with legal requirements restricting use to adults over 18. At registration (checkbox). No.
Device Information (IP address, browser type, device type) To optimize the Service, enhance security, and for analytics. Automatically during use. Yes (analytics providers).
Usage Data (interaction with the Service) To improve and enhance the Service; for analytics and research. Automatically during use. Yes (analytics providers).
Chat History To provide memory for the AI companion and improve AI responses. During interactions with the AI. No (except for AI processing).
Images Sent to AI To enable image recognition and provide appropriate responses. When you send images in chat. Yes (image analysis service).
Voice Messages To process voice inputs and generate responses. When you send voice messages. Yes (voice processing service).
Billing Information (Mandatory for Paid Services) To process transactions and manage billing. When making purchases or subscriptions. Yes (billing provider).
Cookies and Tracking Data To remember preferences, analyze site traffic, and assess marketing effectiveness. When interacting with our website and materials. Yes (analytics and marketing services).

Note: We do not collect your date of birth. Instead, we use a checkbox confirmation during registration to verify that you are over 18 years old.

Confidentiality of User Interactions:

5. Use of Personal Information

We use your personal information for the following purposes:

6. Disclosure of Personal Information

6.1 Third-Party Service Providers

We may share your personal information with trusted third-party service providers who assist us in operating the Service:

These third parties are obligated to protect your information and use it only for the purposes we specify.

6.2 Legal Obligations

We may disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

6.3 Business Transfers

In the event of a merger, acquisition, reorganization, or sale of assets, your personal information may be transferred as part of that transaction.

6.4 Aggregated and Anonymized Data

We may share aggregated or anonymized data that does not identify you personally with third parties for research, marketing, or other business purposes.

7. Cookies and Tracking Technologies

7.1 Cookies

We use cookies and similar tracking technologies to:

You can manage your cookie preferences through your browser settings. However, disabling cookies may affect the functionality of the Service.

7.2 Third-Party Tracking

We use third-party services that may employ cookies and similar technologies:

7.3 Do Not Track Signals

Our Service does not currently respond to "Do Not Track" signals. We will update this policy if we change our practices in the future.

8. Data Security and Storage

8.1 Security Measures

We take reasonable steps to protect your personal information from misuse, interference, loss, unauthorized access, modification, or disclosure. Our security measures include:

8.2 Data Storage Location

Your personal information may be stored and processed on servers located outside of your state, province, or country, including in countries that may have different data protection laws. By using our Service, you consent to the transfer of your personal information to countries outside of your country of residence, which may have data protection rules that are different from those of your country.

8.3 International Data Transfers

When transferring personal information overseas, we take reasonable steps to ensure that the overseas recipient provides a level of data protection that is comparable to the APPs. For users located in the European Economic Area (EEA), United Kingdom (UK), or other regions with data transfer restrictions, we rely on legal mechanisms such as Standard Contractual Clauses to facilitate data transfers.

9. Access and Correction of Personal Information

9.1 Your Rights

You have the right to:

9.2 How to Exercise Your Rights

To exercise your rights:

9.3 Exceptions

In certain circumstances, we may not be able to fulfill your request if:

We will provide reasons if we deny your request.

9.4 Managing Your Consent

You have control over your personal information and can manage your consent regarding how we use your data.

10. Data Retention and Deletion

10.1 Retention Periods

We retain personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by law.

10.2 Account Deletion

You may delete your account at any time. Upon deletion:

11. Sensitive Information

11.1 No Intentional Collection of Sensitive Information

We do not intentionally collect sensitive personal information, such as:

11.2 User Responsibility

Please do not provide sensitive personal information when using the Service. If you choose to share such information, you consent to its processing as described in this Privacy Policy.

12. Children's Privacy

Our Service is intended for users who are 18 years of age or older. We do not knowingly collect personal information from individuals under 18.

13. Direct Marketing Communications

13.1 Marketing Communications

With your consent, we may send you promotional messages and updates about our Service.

13.2 Opting Out

You may opt out of marketing communications at any time by:

14. Changes to This Privacy Policy

14.1 Updates

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons.

14.2 Notification of Changes

Material Changes: We will notify you of significant changes by email or a notice on our website.
Effective Date: The updated Privacy Policy will be effective as of the "Last Updated" date.

14.3 Continued Use

Your continued use of the Service after changes have been made indicates your acceptance of the updated Privacy Policy.

15. Third-Party Links

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the privacy practices of these third parties.

We encourage you to review the privacy policies of any third-party sites or services before providing them with your personal information.

16. International Users

While our primary operations are based in Australia, we recognize that our Service may be accessible to users in other jurisdictions. We are committed to protecting your privacy and handling your personal information in accordance with applicable data protection laws.

16.1 Users in the European Economic Area (EEA) and United Kingdom (UK)

If you are located in the EEA or UK, you may have additional rights under the General Data Protection Regulation (GDPR) and the UK Data Protection Act.

16.2 Users in the United States

Residents of certain states may have additional rights under state-specific privacy laws, such as the California Consumer Privacy Act (CCPA).

16.3 Exercising Your Rights

To exercise your rights, please contact us at [email protected]. We may need to verify your identity before processing your request.

17. Appointment of Privacy Officer

We have appointed a Privacy Officer responsible for overseeing our data protection compliance.

Privacy Officer Contact:

If you have any questions, concerns, or requests regarding your personal information, please contact our Privacy Officer.

18. Governing Law

This Privacy Policy is governed by and construed in accordance with the laws of the State of Queensland, Australia.

19. Complaints

If you believe we have breached the APPs or mishandled your personal information, you may:

Final Note: Your privacy is important to us. We are committed to handling your personal information responsibly and in compliance with the Australian Privacy Principles and applicable international data protection laws.