Privacy Policy

1. Introduction

Prodgain.ai ("Prodgain," "we," "our," or "us") is committed to protecting the privacy and security of personal data. This Privacy Policy describes how we collect, use, disclose, and protect information when you use our services, including our generative AI products, APIs, platforms, and websites (collectively, the "Services").

This Privacy Policy is designed to comply with the requirements of multiple data protection and privacy regimes. Prodgain.ai is incorporated in India and will primarily operate under Indian law. However, given the global nature of our services, we have aligned our practices with international standards.

By using our Services, you acknowledge and agree to the practices described in this Privacy Policy.

2. Scope

This Privacy Policy applies to:

• Business clients (enterprises using our AI products)
• Individual users interacting with our Services directly or indirectly
• Visitors to our websites
• Developers or partners integrating with our APIs

3. Categories of Data We Collect

We may collect the following categories of data:

3.1 User-Provided / Account Data

• Name, email, phone number, address (if accounts are created)
• Login credentials or single sign-on (SSO) details
• Billing & payment details (credit/debit card info, UPI, invoicing details, if services are paid)
• Organization details (company name, role, industry, etc.)
• Identity documents (if required for KYC or verification in enterprise contracts)

3.2. Content / Input Data (Generative AI Context)

• Prompts, queries, and uploaded files provided by users
• Documents, text, code snippets, or other materials input for AI generation
• Feedback, corrections, or ratings users give on AI outputs
• Any uploaded training/customization datasets (if users fine-tune models or run proprietary data through the platform)

3.3 Automatically Collected Data (Technical & Device Info)

• IP address, device identifiers (cookies, mobile device ID)
• Browser type, OS, app version, time zone, language preferences
• Geolocation (approximate, from IP or device settings)
• Usage logs (pages viewed, time spent, features accessed, clickstream data)
• Crash reports, error logs, performance monitoring data

3.4. API / Third-Party Data

Since prodgain.ai builds on other companies' APIs, it may process:

• Data retrieved from API providers (text, images, structured data, depending on API)
• Metadata shared by API integrations (timestamps, request IDs, system performance)
• User credentials/tokens for API authentication (securely stored, if required)

3.5. Business / Enterprise Data

• Customer datasets shared for AI training or deployment
• Contracts, business communications, and project-related files
• Client feedback and usage metrics for enterprise accounts
• Logs of interactions between employees and the AI system

3.6. Compliance & Security Data

• Audit logs (who accessed what and when)
• Consent records (when users give/withdraw consent)
• Data necessary for legal or regulatory compliance (e.g., DPDPA, GDPR, CCPA obligations)

3.7 Children's Data

Our Services are not directed at children under 18. Where children access our Services, they must do so under the guidance of parents or legal guardians. In jurisdictions where parental consent is legally required for processing children's data, we rely upon such consent before processing. We do not knowingly process children's data without parental or guardian involvement. If discovered, such data will be promptly deleted.

4. Sources of Data

We collect data from:

• Direct interactions (sign-ups, contracts, communication)
• Automated technologies (cookies, analytics tools)
• Third-party API providers (e.g., OpenAI, Gemini, Anthropic)
• Publicly available sources (LinkedIn, websites)
• Business clients who share user datasets with us for AI processing

5. Legal Bases for Processing (GDPR, LGPD, DPDPA, PIPL)

We process personal data based on one or more of the following:

• Consent (opt-in banners, cookie consent)
• Performance of Contract (to provide Services)
• Legal Obligation (tax, anti-fraud, regulatory compliance)
• Legitimate Interest (product improvement, security, fraud detection)
• Public Interest or Vital Interest (law enforcement cooperation, emergencies)

6. Purposes of Processing

We use data for the following:

1. Service Delivery – providing AI outputs, APIs, integrations.
2. Account Management – creating, authenticating, securing accounts.
3. Billing & Payments – processing invoices, taxes, refunds.
4. Customer Support – responding to queries, troubleshooting.
5. Security & Compliance – preventing fraud, complying with legal orders.
6. Research & Development – improving AI models, fine-tuning outputs, maintaining quality.
7. Marketing (where permitted) – sending newsletters, promotional material.
8. Cross-border Operations – enabling international service delivery.

7. Data Sharing & Disclosure

We may disclose personal data to:

• Third-party API Providers (e.g., OpenAI, Gemini) when data is processed through their models.
• Service Providers & Sub-processors – hosting, cloud storage (AWS, GCP, Azure), analytics, payment processors.
• Legal & Regulatory Authorities – where required by law.
• Corporate Transactions – mergers, acquisitions, restructuring.
• Business Clients – where processing is done on their behalf.

7.1 Nature of Data Shared with API Providers

• Input Data: Data you provide (e.g., text, documents, prompts, queries, or other content) to access Prodgain.ai services may be transmitted to third-party APIs for processing.
• Output Data: The responses, recommendations, or results generated using third-party APIs may be returned to Prodgain.ai and shared with you.
• Metadata and Logs: Certain metadata (e.g., timestamps, token counts, usage statistics, or system logs) may be shared with or generated by API providers for operational, billing, and performance purposes.

7.2. Independent Processing by Third-Party APIs

• These API providers may act as independent data controllers (GDPR) or third parties/businesses (CCPA/CPRA) when processing your data.
• Prodgain.ai requires all providers to maintain robust contractual safeguards, including data protection addendums (DPAs), confidentiality obligations, and international transfer mechanisms where applicable.
• Notwithstanding these safeguards, Prodgain.ai cannot assume responsibility for the independent data processing practices of these providers. Users are encouraged to review the privacy policies of third-party API providers for additional details.

7.3. Data Use for Training Purposes

• Prodgain.ai does not use customer data to train its own proprietary AI models, unless explicit, informed, and separate consent has been obtained.
• API providers may, under their terms of service, reserve rights to use input/output data for training or model improvement. Prodgain.ai actively seeks providers who offer enterprise-grade, no-training commitments and ensures contractual protections where available.

8. International Data Transfers

Personal data may be transferred to and processed in jurisdictions outside the country of collection, including the US, EU, UK, Brazil, India, and China. We implement safeguards including:

• Standard Contractual Clauses (SCCs – EU/UK)
• Cross-Border Transfer Agreements (LGPD, PIPL, DPDPA)
• Supplementary Safeguards (encryption, minimization)

9. Data Retention

We retain personal data for:

• As long as necessary to fulfill contractual obligations.
• Statutory retention periods (tax, regulatory laws).
• For AI input/output logs, retention is minimized and subject to client agreement.
• After expiry, data is securely deleted or anonymized.

10. Due Diligence and Accountability

• Prodgain.ai undertakes rigorous due diligence in selecting third-party API providers, including security audits, contractual reviews, and compliance verifications.
• Only providers with industry-standard technical and organizational measures (TOMs), including encryption, pseudonymization, and access controls, are engaged.
• Prodgain.ai maintains records of all sub-processors and third-party API providers, which can be made available upon request.

11. Transparency to Users

• Prodgain.ai commits to transparency by disclosing the categories of third-party API providers it works with, the purpose of data sharing, and the legal basis for processing under each applicable law (GDPR, CCPA, LGPD, PIPL, DPDPA).
• In case of material reliance on a new third-party API provider, Prodgain.ai will update this Privacy Policy and, where legally required, seek user consent or provide opt-out rights.

12. Data Subject Rights

Depending on jurisdiction, you may have the following rights:

• Access (right to know what data we hold)
• Rectification (correction of inaccuracies)
• Erasure / Deletion (right to be forgotten)
• Restriction of Processing
• Data Portability
• Objection to Processing (including automated decision-making)
• Opt-Out of Sale/Sharing (CCPA)
• Withdraw Consent
• Right to Nominate (DPDPA) – appoint a representative for rights posthumously
• Complaint to Supervisory Authority (GDPR, LGPD, PIPL, DPDPA regulators)

Requests can be submitted to privacy@prodgain.com

13. Security Measures

We implement:

• Encryption (data in transit and at rest)
• Access controls and role-based permissions
• Regular penetration testing
• Incident response and breach notification procedures (as per GDPR, CCPA, PIPL, DPDPA)
• Vendor security due diligence

14. Liability

• While Prodgain.ai takes commercially reasonable measures to ensure compliance, it does not control or assume liability for the independent practices of API providers, particularly where such providers process data outside the scope of Prodgain.ai's instructions.
• Users acknowledge that the use of generative AI inherently involves third-party integrations and consent to such data sharing as a condition of using Prodgain.ai's services.

15. Automated Processing & AI-Specific Disclosures

• AI model outputs may be probabilistic and not always accurate.
• Inputs provided by users may be logged for quality improvement unless opted out by enterprise clients.
• We do not use client-provided inputs to retrain proprietary models unless expressly authorized.
• AI inferences may involve profiling but not automated decisions with legal consequences without human review.

16. Cookies & Tracking

We use cookies, pixels, and tracking technologies for:

• Authentication
• Analytics (Google Analytics, Mixpanel, etc.)
• Advertising (where permitted)
• Performance monitoring

Users can manage preferences via cookie banners and browser settings.

17. Explainability & Human Oversight

Our generative AI services use algorithmic models to produce outputs based on the information and prompts provided by users. These outputs are generated automatically and may not always be accurate, complete, or contextually appropriate. We encourage users to apply human judgment and oversight when relying on AI-generated results, especially where such results may influence important business, financial, legal, medical, or safety-related decisions.

18. Grievance Redressal & Contact

If you have concerns, please contact us:

Grievance Officer & Data Protection Contact

Prodgain.ai

Email: privacy@prodgain.com

19. Updates to This Policy

We may update this Privacy Policy from time to time. The revised version will be posted with a new effective date. Material changes will be communicated to clients and, where legally required, we will seek consent.

20. Governing Law

This Privacy Policy shall be governed by the laws of India, without prejudice to mandatory protections available under applicable data protection laws in the user's jurisdiction.