HICHATTY PRIVACY POLICY

Last updated: April 22, 2023

OpticalVPN, LLC is committed to protecting your privacy. We want you to understand what information we collect, use, and store information. This document explains the privacy rules applicable to all information collected or submitted when you access, install, or use HiChatty mobile application (hereinafter – the "Mobile application") and related services ("Services").

This privacy policy will help you understand how OpticalVPN, LLC. ("we", "our", or "us") collects, uses, stores and delete our users ("you" or "your") Personal Data. If you do not agree with this Policy, please do not use our application. Your continued use of the Mobile application and/or our Services will signify your acceptance of this Policy.

EACH USER MUST CAREFULLY READ AND COMPLY WITH THIS POLICY. BY USING THE MOBILE APPLICATION AND RELATED SERVICES YOU CONFIRM THAT YOU AGREE TO THE TERMS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY IN GENERAL OR ANY PART OF IT, YOU SHOULD WITHHOLD FROM USING THE MOBILE APPLICATION AND RELATED SERVICES. YOU ALSO AGREE THAT YOUR PERSONAL DATA, COLLECTED BY US, IS TRANSFERRED WITH YOUR CONSENT.

From time to time, we may change or update this Policy. Your continued use of the Site or Services constitutes your acceptance of the then-effective Policy.

Our Terms of Service, including their limitation on liability, apply to this Policy.

1. DEFINITIONS

The Website or the Site shall mean the website maintained at chatbot.ai and/or all the subdomains of the website «chatbot.ai». The Website gives Users an opportunity to read information about our Services and the Mobile application.

The HiChatty mobile application or the Mobile application – is a complex software with relevant functional assignment specified in HiChatty TERMS OF SERVICE. The mobile application provides convenient access to the functions and capabilities of the ChatGPT (the ChatGPT is owned by OpenAI, L.L.C., 3180 18th Street, San Francisco, CA 94110).

The term "Services" means OpticalVPN LLC. applications, the Website, products, services, software and accompanying documentation that related to the HiChatty mobile application and its functionality.

The Owner or "we", ("us", "our") means a legal entity – OpticalVPN LLC., 6-G Trostyanetska Street, Kyiv city, Ukraine, 02091 (identification number of the legal entity in the Unified state register of enterprises and organizations of Ukraine 44369491).

The Administration – the person (persons) authorised by OpticalVPN LLC. to implement management of the Mobile application and other actions related to its usage.

The User means a person (individual) who has an access to the functionality of the Mobile application and/or otherwise uses our Services.

Account – record which contains data that User reports when registering via the Mobile application. It contains data needed for the User authorisation when using the Mobile application.

Registration – the procedure of creating an account.
For the purposes of this Privacy Policy, the term "Personal Data" means any information relating to an identified or identifiable natural person. The term "Personal Data" does not include any information that has been anonymized, such that the natural person to which such information relates is not identifiable.

Controller means a person, which determines the purposes and means of the personal data processing.

Processor means a person, which processes personal data on behalf of the Controller.

OpticalVPN LLC. is a legal person, which determines the purposes and means of the personal data processing and which processes personal data. Accordingly OpticalVPN LLC. is the Controller and Processor in the meaning which is specified in this Privacy Policy. However, there is also can be another person which processes personal data on behalf of the OpticalVPN LLC. as a Controller.
The other terms and notions used in this Policy shall be understood in accordance with the TERMS OF SERVICE, unless other specified in this Privacy Policy.

2. PERSONAL DATA USE

If you use our Service, we collect the minimum amount of information needed to provide and operate it, as well as keep it running safely and efficiently. We do not track your online activity, including browsing history, metadata, downloads or data content. We do not require your full name to provide our Services.

From personal data, we use only:

• e-mail that you provide when registering/authorizing in the Mobile application (the registration procedure is optional) and/or when you submitting a request to us (via the e-mail);
• information about the device, such as: Device ID (assigned when using the application); operating system version, device model, application version, activation time. We receive this information in the process of using the application.

We use your email address for the following purposes:

• To manage your account;
• To send emails related to payment transactions;
• To send a password reset code;
• To send you periodic news about the product and announcements and suggestions;
• To communicate with you about the Services or reply to your messages;
• To send marketing information regarding our products. You can opt out of receiving marketing messages by following the instructions in those messages.

We use device information to resolve technical issues, to troubleshoot and limit the maximum number of devices linked to a single account.

The personal data you could provide accessing and using the ChatGPT (product owned by OpenAI, L.L.C.) via our Mobile application:

WHEN USING THE MOBILE APPLICATION AND/OR INTERACTING WITH THE CHATGPT (PRODUCT OWNED BY OPENAI, L.L.C.) YOU THEORETICALLY COULD INDICATE SOME PERSONAL DATA. IN THIS REGARD, WE STRONGLY RECOMMEND REFRAINING FROM ENTERING ANY PERSONAL DATA WHEN INTERACTING WITH THE CHATGPT, AS WELL AS REFRAINING FROM USING THE MOBILE APPLICATION FOR THE PURPOSE OF PROCESSING ANY PERSONAL DATA. BY USING THE MOBILE APPLICATION, YOU AGREE TO FOLLOW THESE RECOMMENDATIONS.

Our processing of the history of your correspondence (your requests) with the ChatGPT is limited only to the storage (in encrypted form) of such requests history (to ensure the proper functioning of the Mobile application) and the transferring of the relevant requests to the OpenAi (owner of the ChatGPT) for the same purpose of ensuring the proper functioning of the Mobile application. We do not review your requests to the ChatGPT (the only possible exceptions are: 1) the processing that is required of us by the applicable law and/or 2) the processing of such a data at your written request).

The transferring and subsequent processing of requests to the the GPT occur in accordance with the terms and policies of OpenAi, which are available for reviewing at https://openai.com/policies, including https://openai.com/policies/api-data-usage-policies. OpenAi's ChatGPT privacy policy is available at https://openai.com/policies/privacy-policy. Please be sure to familiarize yourself with these documents. By using the Mobile Application, you agree to OpenAi's processing of your requests history, as well as OpenAi's data processing terms and policies. If you do not agree with this statement, you should refrain from using our Mobile application.

We use your personal data only for the purposes established in this Privacy Policy. We do not sell and will not sell your information. Our paid services are the only way to make money.

3. PURPOSES OF PERSONAL DATA PROCESSING

We may process your personal data for the following purposes:

• provision of services: provision of our application and services, management and improvement of our program, administration, support and improvement, as well as notification of changes;
• communicate with you in any way specified by you;
• processing to support sales, finance, corporate audit, supplier management, compliance, and the prevention and investigation of policy or legal violations;
• fraud detection / prevention;
• establishment, realization or protection of legal rights.

4. PERSONAL DATA SECURITY

We take appropriate technical and organizational security measures to protect your personal data:

• we use appropriate security measures in the workplace to protect your personal information from loss, theft, misuse or unauthorized access. All our employees are aware of these best practices. Also, access to your data is available only to employees who need it to perform tasks;
• where applicable, we use encryption, access control and passwords to protect your information collected and stored by us from unauthorized access and disclosure. However, none of methods of data transmission via the Internet or electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. By using the Services, you expressly acknowledge and agree that we cannot guarantee the security of any information provided or received by us through the Services, and that any information received from you through our Services is provided at your own risk. If you have reason to believe that your interaction with the application is no longer secure (for example, if you believe that the security of your account has been compromised), please contact us immediately.

If you believe that your privacy has not been treated in violation of our Policy, or if someone has attempted to abuse our Services or acted improperly, please contact us directly at the following address support@opticalvpn.com. Moreover, if we find that your personal information is at risk, we will notify you immediately.

5. PROVIDING ACCESS TO YOUR PERSONAL DATA

We do not transfer, sell, rent or trade your personal data to third parties, except as provided in this Privacy Policy:

We transfer your requests to GPT (requests history) to OpenAi as indicated in Section 2.

We may additionally collect and possibly transfer your Personal Data to ensure compliance with our Terms of Service. This may be done to prevent a crime or violation of our Terms of Service or remedy a violation that has occurred.

We also reserve the right to disclose your Personal Data as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process. We will notify affected users about any requests for their account information, unless prohibited from doing so by law or court order.

6. YOUR RIGHTS AND CONTROL

You as the Personal Data subject have the rights in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679. You agree that the way of implementation of your rights is subject to the terms of this Privacy Policy. The following paragraphs are the way to implement some of your rights under the provisions of the General Data Protection Regulation.

WE TAKE ALL MEASURES TO COMPLY WITH THE GDPR REQUIREMENTS, HOWEVER, YOU, AS A USER, SHOULD TAKE INTO ACCOUNT THAT THE RELATIONSHIP BETWEEN YOU AND US IS GOVERNED BY THE LEGISLATION OF UKRAINE, IN PARTICULAR THE LAW OF UKRAINE "ON THE PROTECTION OF PERSONAL DATA". UKRAINIAN LEGISLATION IS APPLICABLE LAW UNDER THIS PRIVACY POLICY AND OUR TERMS OF USE.

Your principal rights under data protection law in relation to your Persona Data are:

• Request access to your Personal Data;
• Request correction of your Personal Data or supplementation of your Personal Data for completeness;
• Request erasure of your Personal Data under certain circumstances;
• Request restriction of processing of your Personal Data under certain circumstances;
• Request transfer of your Personal Data to another entity under certain circumstances;
• Withdraw consent to the processing of your Personal Data where the processing is based on your consent, without affecting the lawfulness of processing based on consent before its withdrawal;
• The right to data portability;
• The right to lodge a complaint to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority in the European Economic Area (EEA). We recommend you contact us to resolve all your questions and inquiries to the extent permitted by law, and we will reply promptly.

We offer you the opportunity to make certain choices and control over processing your personal data. These means of control may include access to personal data collected by us; correct, update or delete your personal data that we store; if you wish to opt out of data collection, please contact us at the following address: support@opticalvpn.com. If you submit a request, please note that we may request certain information from you in order to verify your identity and find your information. It should be also noted that we will delete your personal information if we are not legally required to store it, including the following cases:

• if your account issue remains unsolved, such as an unresolved claim or dispute, then your data will be stored until the issue is resolved;
• if we are required to store your personal data in order to fulfill our legal, tax, audit and accounting obligations, we will only store the necessary personal information for the period required by applicable law;
• if it is necessary for our legitimate business interests, such as preventing fraud or ensuring the safety of our users.

The information you provide to us may be periodically archived or stored by us in accordance with the backup processes that are performed during normal data disaster recovery.

If you wish to implement any of the above-mentioned rights, please contact us at support@opticalvpn.com.

7. DATA STORAGE

We may correct, supplement or delete incomplete or inaccurate information. Please note that, unless you tell us otherwise, we store the information we collect for as long as is necessary to provide the Services and fulfill our legal obligations, resolve disputes and enforce our agreements.

How long we store your personal data?

We store your Personal data as long as you remain a user of the Services or as long as you have an account on our server. We also store Personal Data necessary to fulfill our legal obligations for the required period of time in accordance with applicable law or seven years.

YOU AGREE THAT YOUR PERSONAL DATA MAY BE PROCESSED AND STORED BY US AND/OR OUR COUNTERPARTIES DURING THE PERIOD OF TIME THAT IS PRACTICALLY NECESSARY TO FULFILL THE AIMS AND PURPOSES THAT IMPACT WITH FUNCTIONAL PURPOSE OF THE MOBILE APPLICATION.

8. CHILDREN'S PRIVACY

By using our Services, you represent and warrant that you are at least eighteen (18) years of age and/or have reached the age of majority in the jurisdiction in which you reside and from which you access the Site and/or Services where you have reached the age of eighteen (18 years). If you have not reached the age of eighteen (18) and/or have reached the age of majority in the jurisdiction in which you reside and from which you access the Site and/or the Services, you are strictly prohibited to access them. We do not use the Services to deliberately request data from children under the age of eighteen (18). We request that such persons not provide Personal Data through our Services. We urge parents to encourage their children not to disclose their real name, address or phone number without prior permission. If you become aware or have reason to believe that a child under the age of 13 has shared any information with us, please contact us at support@opticalvpn.com and we will take appropriate measures for removal such information from our Services.

9. INTERNATIONAL DATA TRANSFERS

Personal data of our users is stored and processed on servers in the USA. However, Your Personal Data may be temporarily stored and processed in other jurisdiction, in particular in Ukraine. The data transferred to OpenAI is stored according to the terms indicated at https://openai.com/policies/api-data-usage-policies.

We conduct a global business. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described in this Privacy Policy.

10. POLICY UPDATES

This Privacy Policy will remain in effect until it is replaced by a new policy. We may update this policy at our discretion, so you should check this page periodically, as its terms may periodically change. The latest version of the policy will display the date of the "last update" at the top of the page. If you further use of our Services, this will mean that you accept current version of policy and understand its terms.

11. OUR DETAILS

This Services are owned and operated by OpticalVPN, LLC. We are registered in Ukraine under registration number 44369491. Our office is located at 6-G Trostyanetska Street, Kyiv city, Ukraine, 02091.

You can contact us by email: support@opticalvpn.com