Privacy Policy

This Privacy Policy explains how The Fifth Kind ("we", "us", "our") collects, uses, shares and protects personal data when you visit the5thkind.in, contact us, or use our services: AI chatbots, WhatsApp automation, AI voice agents, AI agents and business automation, and AI video production. We process personal data in line with India's Digital Personal Data Protection Act, 2023 ("DPDP Act") and other applicable law.

1. Who we are

The Fifth Kind is an AI studio based at 529, 8th Cross, Nanjappa Rd, Shantinagar, Bengaluru, Karnataka 560027, India. For personal data we collect about website visitors, enquirers and our own clients' contacts, we act as the Data Fiduciary (the party that decides why and how the data is processed).

2. What we collect

Information you give us

Enquiry and audit forms: your name, WhatsApp or phone number, email (optional), business name or website, the service you're interested in, and your message.
WhatsApp, phone and email conversations: your number or email address and the content of your messages and calls with us.
Project information: briefs, brand assets, product catalogues, scripts and other material you share so we can deliver a project.
Billing details: company name, billing address and GST number for invoicing.

Information collected automatically

Usage data: pages visited, links and buttons clicked (for example, WhatsApp or call buttons), videos played, referring website, approximate location (city or country), device and browser type.
Technical data: IP address and standard server logs kept by our hosting provider.

We do not knowingly collect sensitive financial information such as card numbers or bank passwords through this website.

3. How we use it

To reply to your enquiry and give you the free consultation or audit you asked for.
To prepare proposals and quotations, and to deliver, support and invoice our services.
To follow up about your enquiry or project on WhatsApp, phone or email.
To understand how visitors use our website and improve its content and performance.
To keep our website and systems secure and to prevent misuse.
To meet legal, tax and accounting obligations.

We process your data on the basis of your consent (for example, when you submit a form or message us) and for legitimate uses permitted under the DPDP Act, such as providing a service you asked for or meeting a legal obligation. We do not sell your personal data.

We share personal data only with service providers that help us run our business, and only as much as they need:

Messaging: WhatsApp (Meta Platforms) for conversations you start with us on WhatsApp.
Form delivery: FormSubmit, which forwards website form submissions to our email inbox.
Email and productivity tools: such as Google Workspace.
Website hosting: Vercel, which serves this website and keeps standard server logs.
Analytics: Google Analytics and Microsoft Clarity, when enabled (see section 7).
AI and automation providers: AI model, voice, telephony and workflow platforms we use to build and run client projects.
Professional advisers and authorities: accountants, lawyers, or government authorities where the law requires it.

5. Data we handle for our clients

When we build chatbots, WhatsApp bots, voice agents or automations for a client, those systems may process personal data of the client's own customers, for example chat messages, phone numbers or order details. In those cases the client is the Data Fiduciary and we act as a Data Processor on their behalf. We process that data only to provide the agreed service and according to the client's instructions. The client's own privacy policy governs how their customers' data is used. If you are a customer of one of our clients, please contact that business directly about your data.

6. AI clone videos: face and voice data

To create an AI clone video, we collect video and audio recordings of the person being cloned. We do this only with that person's explicit, informed consent. We use these recordings solely to create and produce content for the agreed purpose, store them securely, and delete the source recordings and trained models when the project ends or when consent is withdrawn, unless the person asks us to keep them for future videos. We never create clones of people who have not consented.

7. Cookies and analytics

This website may use cookies and similar technologies from Google Analytics and Microsoft Clarity to measure visits, understand which pages are useful, and see how people use the site (for example, through heatmaps and session recordings with form inputs masked). These tools collect usage data as described in section 2 and are governed by Google's and Microsoft's own privacy policies. You can block or delete cookies in your browser settings, and you can opt out of Google Analytics with Google's browser add-on. The website works without these cookies.

8. How long we keep data

Enquiries that don't become projects: up to 24 months, so we can follow up and keep context, unless you ask us to delete them sooner.
Client project records: for the duration of the engagement and afterwards as long as needed for support and legal purposes.
Invoices and accounting records: for as long as Indian tax law requires (generally at least 8 years).
Analytics data: according to the retention settings of the analytics provider.

9. Security

We use reasonable security measures to protect personal data, including encrypted (HTTPS) connections, access controls on the accounts and tools we use, and sharing data only with providers who need it. No method of transmission or storage is completely secure. If a personal data breach occurs, we will notify affected people and the Data Protection Board of India as the DPDP Act requires.

10. Your rights

Under the DPDP Act, you have the right to:

Get a summary of the personal data we hold about you and how we process it.
Ask us to correct, complete or update your personal data.
Ask us to erase your personal data, where we are not required to keep it by law.
Withdraw your consent at any time. This doesn't affect processing that happened before you withdrew it.
Nominate another person to exercise your rights in the event of your death or incapacity.
Raise a grievance with us, and if it isn't resolved, with the Data Protection Board of India.

To stop receiving WhatsApp messages from us, reply "STOP" at any time. To exercise any other right, contact us using the details below.

11. Children

Our website and services are meant for businesses and adults. We do not knowingly collect personal data from anyone under 18. If you believe a child has shared personal data with us, please contact us and we will delete it.

12. International transfers

Some of our service providers (such as hosting, email, analytics and AI platforms) may store or process data outside India. Where this happens, we rely on providers that apply appropriate safeguards, and we follow any transfer restrictions the Government of India sets under the DPDP Act.

13. Changes to this policy

We may update this policy from time to time. The "Last updated" date at the top shows when it last changed. Significant changes will be highlighted on this page.

14. Contact and grievances

For privacy questions, requests or complaints, contact our Grievance Officer:

Uday Khandelwal, Founder, The Fifth Kind
Email: uday.khandelwal@the5thkind.in
Phone / WhatsApp: +91 82960 08838
Address: 529, 8th Cross, Nanjappa Rd, Shantinagar, Bengaluru, Karnataka 560027, India

We aim to acknowledge requests within 7 days and resolve them within 30 days.