Dutch Vibrations Solutions Private Limited having its registered office at 12/901 Lotus Boulevard, Sector 100, Noida, Uttar Pradesh IN 201304, owns and operates a web/mobile application called “Xley”, available as iOS and Android-based applications, as well as through website.

Xley ("we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our platform, including our website, mobile applications, and related services (collectively referred to as the "Platform").

This Privacy Policy explains the information that mad Xley collects when you use its products and services, how that information is used, with whom it may be shared, and your privacy choices.

1. Introduction

Who We Are and What We Do

This Privacy Policy covers Xley (referred to as "Xley," "we," "us," or "our"). Xley is a dynamic platform designed to connect creators and brands, offering tools for seamless collaboration in content creation, marketing campaigns, and related services. Our services are accessible through our website, mobile applications, and other branded channels (collectively referred to as the "services").

Acceptance and Changes

By registering for, downloading, or using our services, you agree to this Privacy Policy, which is an integral part of our Terms and Conditions. We reserve the right to update this Privacy Policy from time to time. Any changes will be posted on our website, and if a change materially lessens our commitments to you, we will notify registered users through email or other appropriate means. Your continued use of the Platform after such updates constitutes your acceptance of the revised Privacy Policy.

2. Children's Privacy

Xley does not knowingly collect personal information from individuals who are under the minimum required age to use our services. To access and use the Xley platform, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater. Individuals under the applicable age may only use our services through an account created by a parent or legal guardian and with their direct involvement.

If you are a parent or legal guardian who believes that your child has provided personal information to Xley without your consent, you may request the deletion of such information by contacting us at [Insert Contact Email]. We will promptly take appropriate action to remove the data from our records.

3. Data We Collect About You

We collect information about you when you use our services. In addition, third parties may collect information about you when you use our services. Collected information may include or reflect personal information that could identify you, as well as non-personal information. We refer to your information as "your data" for short.

Account Information: To create an account, you must provide a valid email address and password. If you choose to sign up and/or authenticate using a third-party account (e.g., Google, Facebook), you authorize us to obtain account information from the third-party platform.

Financial Information: When you make a purchase, your payment information will be collected and processed by our authorized payment vendors. We do not directly collect or store credit or debit card numbers in the ordinary course of processing transactions. If purchases are made through a third-party platform (e.g., in-app purchases), the payment method stored with the third-party platform will be charged.

Content

Account holders may create an account and use our services. You may upload images or other content as permitted by the platform. Your profile may display information about you and your activities, which may be accessible by others.

• Your uploaded content may be viewed and accessed by others, including any associated metadata (e.g., titles, descriptions, tags).
• Your interactions with other users (e.g., comments, "likes," private messages) may be visible to others.
• You may choose to limit the availability of your profile and content through privacy settings.

Other Information You May Submit

You may submit additional data for specific purposes, such as:

• Requesting customer support.
• Answering surveys or questionnaires.
• Participating in studies, contests, or sweepstakes.
• Signing up for communications from us or other users.

Automatically-Collected Information

We automatically collect certain data when you use our services, regardless of whether you have an account. This includes:

• Your IP address, browser type, operating system, and basic device information.
• The web page you visited or the search query you entered before accessing the platform.
• Your activities on the platform, such as pages viewed, features used, and interactions.
• Tracking data gathered through cookies and similar technologies. By using our services, you agree to our use of these methods as set forth in our Cookie Policy.

Physical Products: We collect your shipping address to send you any physical products you order through the platform.

Information Collected by Third Parties

Some third parties may collect data about you when you use our services. This may include:

• Data you submit, such as payment information, processed by authorized vendors.
• Automatically-collected data from analytics providers or advertising partners.

We may also receive data from third parties about you, which we may combine with the data we collect. For example, advertisers or advertising platforms may provide insights into your online behavior to help us deliver relevant ads on their services.

4. How We Use Your Data

We may use your data for the following purposes:

Identification and Authentication: We use your data to verify your identity when you access your account or interact with our services.

Operating Our Services: We use your data to provide, maintain, and improve our services, including processing and fulfilling orders, facilitating collaboration between creators and brands, and providing customer support. Your financial information is used by us or our third-party vendors to process payments for purchases or payouts for amounts you have earned.

Communicating with You: We use your data to communicate with you, such as responding to customer support inquiries, sending notifications related to your account, and providing important updates about our services.

Improving Our Services: Your data helps us understand how our services are being used and how they can be improved. While we primarily analyze aggregated data, we may occasionally review specific user data to resolve issues, such as a bug affecting certain accounts.

Customizing Your Experience: We use your data to personalize your experience, including remembering your preferences (e.g., language, display settings) and suggesting content or services that align with your preferences and activities.

Marketing and Advertising: Your data may be used to show you relevant advertisements on third-party websites and within our platform. This includes targeted ads based on your activities and preferences. We may also use your data to deliver third-party advertisements.

Exercising Our Rights: We may process your data to exercise our legal rights and protect against abuse of our services. For example, we use your data to detect and prevent fraud, spam, or content that violates our Terms of Service.

Legal Compliance: We process your data where legally required, such as to comply with subpoenas, court orders, or other legal obligations.

Protecting Your Information: To safeguard your information, we may anonymize, back up, or delete certain data when appropriate.

Automated Processing: We may use algorithms or other automated tools to process your data for the purposes mentioned above, such as delivering personalized content or detecting suspicious activities.

Lawful Bases for Processing: Whenever we process your data, we ensure that one or more of the following lawful bases apply:

• Performance of a Contract: Processing your data is necessary to fulfill our contractual obligations to you.
• Legitimate Commercial Interest: Processing is necessary for our legitimate interests, such as improving services or preventing misuse, provided these interests are not overridden by your rights.
• Compliance with a Legal Obligation: Processing is necessary to meet legal requirements.
• Consent: Where required, we rely on your consent for processing your data.

5. With Whom We Share Your Data

We share data with third parties in the following circumstances:

As You Instruct: We may share your profile, content, and other data with individuals or organizations as instructed by you when using our services. This includes sharing data with persons to whom you have granted account-level access.

With Your Consent: We may share your data with third parties when we have obtained your explicit consent to do so.

Authorized Vendors: We work with third-party vendors to operate our services, process orders, and comply with your instructions and our contractual obligations. This includes:

• Payment processors.
• Content delivery networks (CDNs).
• Cloud-based hosting and monitoring services.
• Email service providers.
• Quality assurance and testing vendors.
• Fraud and abuse prevention vendors.
• Customer relations management (CRM) vendors.
• Shipment vendors for physical products.

Advertising: We may share your data with advertising companies to display relevant advertisements tailored to your preferences and activities.

Analytics: Your data may be shared with analytics providers to help us understand how users interact with our services and improve the platform.

Affiliates and Advisors: We may share your data with our affiliates, auditors, and advisors for:

• Planning and financial reporting.
• Accounting and auditing.
• Tax filings and legal compliance.

Judicial or Government Authorities: We may share your data when required by a court order or government authority in compliance with applicable laws.

Certain Legal Situations: We may share your data where disclosure is necessary to:

• Comply with legal obligations.
• Protect the rights, property, or safety of Xley, its users, or others.

Aggregated or Anonymized Information: We may publicly disclose aggregated or anonymized information, such as the total number of visitors or registered users, which does not identify any individual.

Enterprise-Administered Accounts: If your access to our services is provided by an employer or another organization that administers your account, that organization may:

• Access details about your account activity.
• Delete or restrict access to your account or content.
• Change the email address or other account details.
  For further details, contact the administrator of your organization.

Vendor Vetting and Requirements: We use reasonable efforts to vet our vendors for their privacy and data security practices. Vendors are required to protect the data we share with them and comply with applicable data protection laws.

6. Legal and Safety-Related Disclosures

Xley may disclose your data under the following circumstances:

In Response to Official Requests:

We may disclose your data in response to official requests, such as court orders, subpoenas, injunctions, search warrants, or national security requests ("Requests"), received from government authorities or parties involved in legal proceedings.

To Protect Lives: If we reasonably believe that someone's life is at risk, we may disclose user data to appropriate entities. For instance, if we become aware of an individual threatening to harm themselves or others, we may share that person's data with organizations or authorities that can provide assistance.

To Report Suspected Crimes: We may disclose user data to report suspected criminal activities. For example, any content suspected of exploiting minors will be reported to local law enforcement authorities.

In Connection with Legal Claims: We may disclose user data in situations involving legal claims against Xley or one of our users. For example:

• If you submit a copyright or other takedown notice, we may share that notice with the affected user.
• If the affected user challenges such a notice, we may share their response with the original complainant.

In Business Transactions: In the event that Xley is, in whole or part, acquired by or merged with a third party, we may share your data with transaction partners, advisors, or the acquiring entity. In such cases, we will use reasonable efforts to require the acquiring entity to comply with this Privacy Policy.

7. Data Retention

Xley is committed to safeguarding your privacy by implementing robust data management and deletion practices. We retain your data for as long as your account remains active and for an additional period as required by applicable laws or for legitimate business purposes after you delete your account.

When you close an account, we delete its content, including uploaded media such as videos and images. However, we may retain:

• Logs of automatically collected information (e.g., for internal analytics and security purposes).
• Your email address, tax information, and communication records.
• Transactional data (e.g., payments and receipts) for auditing, tax, and financial purposes.

When the purpose for retaining your data has been fulfilled, we will securely delete or anonymize it unless retention is required by applicable law.

Deleted Content: We retain deleted content (e.g., videos, images) on our servers for a period prescribed by law or in cases where you wish to reverse the deletion. Once deleted from our systems, content may no longer be recoverable. If you have made your content public, cached versions may still appear in search engine results. While Xley cannot control search engines, upon your request, we will notify major search engines to request content removal.

Retention for Legal and Compliance Reasons: If Xley receives legal requests pertaining to your account or content, we may retain your data for as long as necessary to comply with such legal processes. Similarly, if we believe your account has been involved in activities that violate laws or our policies, we may preserve your data to defend or assert our rights.

Content Retention Guarantee: Xley guarantees that user content, as defined in our Terms of Use, remains securely accessible for up to two years from the date of submission. Users are responsible for ensuring that any personal data included in their uploaded content is erased once its purpose has been fulfilled.

Regular Review and Compliance: Xley regularly reviews the necessity and relevance of retained data to ensure compliance with data protection laws. When retention periods end, or when the purpose for retaining data is no longer valid, we promptly delete or anonymize the data. This approach ensures transparency, compliance, and security in managing your information.

8. Your Privacy Choices

Xley provides you with several options to control how your data is collected, used, and shared. These choices include:

Choosing Not to Provide Information: You may choose not to provide certain information, such as optional account details. However, some features or services may not be available if required data is not provided.

Updating or Correcting Your Information: You can view and update the information you have voluntarily submitted to us by accessing your account settings. Keeping your data current ensures a better user experience and helps us serve you effectively.

Opting Out of Commercial Communications: You can opt out of receiving marketing or promotional emails from Xley by following the unsubscribe instructions in the email or updating your preferences in your account settings.

Limiting the Use of Cookies: You can limit the use of cookies by adjusting your browser settings or using opt-out mechanisms. For more details on managing cookies, refer to our [Cookie Policy].

Backing Up Your Content: You have the option to back up your uploaded content, such as videos, to ensure personal copies are retained outside of the platform.

Deleting Content or Closing Your Account: You can delete specific content, such as videos, directly from your account. If you choose to close your account, all associated content, including videos, will be permanently deleted. Please note that deleted content may not be recoverable.

9. Communications from Us

Emails:
If you create an account on Xley, you may receive commercial emails from us, including newsletters and promotional offers. You can opt out of receiving commercial messages through your account settings. Please note that any opt-out requests may take several days to process. Even after opting out, you will continue to receive essential transactional emails, such as those confirming transactions or providing important account information.

Mobile Device Communications:

With your consent, we may send push notifications through our mobile applications. You can disable these notifications by declining them or adjusting the app settings. Additionally, we may send SMS messages to your mobile device for authentication and security purposes, with your consent. You may opt out of receiving these SMS messages at any time.

10. Protecting Your Information

We implement physical, technical, and organizational security measures to safeguard your data from unauthorized access, loss, or accidental disclosure. While we take strong measures to protect your information, no system is completely secure, and we cannot guarantee absolute security.

Users play a critical role in protecting their data. We encourage you to:

• Use a strong, unique password for your account.
• Avoid sharing your password or access credentials with others.
• Grant access rights only to trusted individuals and monitor such access carefully.
• Regularly review your account activity for unauthorized access or changes.

If you suspect unauthorized access to your account, contact us immediately at [email protected] for assistance.

11. Your Responsibilities

As a user of Xley, you may receive information about other users during your interactions on the platform. You are responsible for complying with all applicable laws, including those related to privacy, data security, and online marketing, when handling such information. Misuse of user data is strictly prohibited and may result in account suspension or termination.

12. Third-Party Services

Xley may provide links to third-party services or platforms that are not owned or controlled by us. These services are not covered by this Privacy Policy, and we have no control over the data they collect or their privacy practices. For example, clicking on an advertisement may redirect you to the advertiser’s website, where your information may be collected by others.

If you use Xley through a third-party site or platform (e.g., accessing an embedded video or using our app on a third-party platform), this Privacy Policy applies only to our apps and services, not to the third-party site or platform. We encourage you to review the privacy policies of any third-party service before using it.

13. International Data Transfers and Certain User Rights

13.1 Location of Data

Xley is based in India but operates globally using servers and databases located in India and other countries. If you access our services from outside India, your data may be transferred to and processed in India. Please note that Indian data protection laws may differ from the laws in your country and may not provide the same level of protection.

13.2 Your Rights

Depending on your jurisdiction, you may have rights concerning your personal data, including:

• The right to access and request a copy of your data.
• The right to correct inaccuracies in your data.
• The right to request the deletion of your data, subject to legal and contractual obligations.
• The right to object to data processing or withdraw your consent where applicable.

To exercise your rights, contact us at [email protected].

14. How to Contact Us

For any questions, inquiries, or complaints regarding your privacy or this Privacy Policy, please contact us at:

Email: support.xley.ai

Mailing Address: support.xley.ai

We are committed to addressing your concerns and ensuring transparency in our data handling practices.