(a) Section 43A of the Information Technology Act, 2000;
(b) Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and
(c) Regulation 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
This policy does not deal with the policies or practices of companies that we do not own or control (including our franchisees), or to individuals that we do not employ.
We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Products or Services, including Fitness Services, or otherwise visit clinics, fitness centres, gyms or other physical premises. If you are under 18, please do not attempt to register for the Products or Services, including Fitness Services, or visit clinics, fitness centres, gyms or other physical premises, or send any information about yourself to us. No one under age of 18 may provide any personal information to us. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at email@example.com or our Grievance Officer.
We collect the following types of information:
Information you provide to us:
We receive and store any information you knowingly provide to us, including:
· personal information and SPDI (where necessary) collected for provision of the Services on the Mobile App/website, including your nutrition data, dietary and lifestyle information, information related to height, weight and body measurements, passwords, workout related data (including outputs from your device camera for “live energy” tracking or conducting live workout sessions), physical activity, photographs, biometric information, genetic information, information, race and ethnicity-related information, family-related information (to the extent necessary for effective provision of Services), sleep habits; and other sleep, activity, or health-related information and insights for our Services and Products;
· bank details for payment processing;
· details about your health, mental wellbeing, disabilities or other health related information such as vaccination status, past and present medical information , all collected for the safety of our other users and premises that they access, the discharge our duties as an employer, or to provide certain benefits;
· data in your mobile address book to help users find other users who have enabled ‘squads’ and set their profiles as public. We do not otherwise process information from the address book for any other purpose;
· information relating to your access and usage of premises, and sessions, including workouts, number of activities and users, data collected at our reception desks and kiosks, CCTV footage for common areas collected in accordance with applicable CCTV policy .
The information collected from you as set-out above constitutes ‘personal information’ or ‘sensitive personal data or information’ (“SPDI”) in terms of the SPDI Rules. You hereby consent to collection of such information.
You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features / Products. We may anonymize your personal information so that you cannot be individually identified, and provide that information to our partners. For example, you may tell us that you are female and sleep an average of 6 hours per night; we may combine this information with content received from our other users, and disclose to our partners that on the whole, our male users sleep more hours per night than our female ones,.
Information collected from iOS HealthKit, Health app and Google Fit:
We handle all iOS Health app and HealthKit data in accordance with Apple's development guidelines. To view Apple's HealthKit developer guidelines, go to https://developer.apple.com/app-store/review/guidelines/#health-and-health-research .
We handle Google Fit data in accordance with Google Fit Terms of Service. To view Google Fit Terms of Service go to https://developers.google.com/fit/terms .
HealthKit, Health app, iPhone, and Apple are registered trademarks of Apple Inc.
Google Fit and Google are registered trademark of Google Inc.
Information collected automatically:
Whenever you interact with our Mobile App, we automatically receive and record information on our server logs from your browser including your IP address, 'cookie' information, and the page you requested. 'Cookies' are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages in our Mobile App are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device's acceptance of cookies, but this may prevent you from taking advantage of our Mobile App's best features.
When we collect usage information (such as the numbers and frequency of visitors to the Mobile App), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Mobile App, so that we can make the Mobile App appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often people use our Mobile App, so that they, too, can provide you with an optimal online experience. We never disclose aggregate information to a partner in a manner that would identify you personally.
Purpose and Use of information
We, our affiliates and/or the sellers or service providers on the Mobile App may access and use your Personal Information and SPDI for the following purposes:
1. Provision of the Products and Services on the Website and the Mobile App including optimizing, or further developing/improving operation of the Platform or providing better user experience;
2. To contact you in relation to Products and Service offerings on the Platform, including pursuant to current or future collaborations with third party service providers;
3. General business and operating purposes, such as the administration, management and operation of the business, including client/user interaction, responding to requests, customizing and improving our Services;
Delete targeting cookies
Your interest profile can be removed by deleting your browser's cookies.
Information stored on cookies
The cookie information stored on the User's hard drive is: (i) User segment hits or information on a specific product, service, brand or model in which the User has shown interest during its visit to a certain website and (ii) time and date stamp of the latest update of the User profile.
If the cookie is deleted by the User, all profile data is removed. For the sake of clarity, no segments relating to information which we consider sensitive have been or will be created, such as segments relating to political opinions, religious beliefs, physical or mental health conditions or sexual life. Further, we are very sensitive to the issue of children's privacy and marketing directed to children. No segments are intended to be established for the profiling of children.
E-mail and other communications:
We may contact you, by email or other means; for example, we, or persons we share your Personal Information with may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Mobile App or the Product. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make emails more interesting and improve our service. If you do not want to receive email or other mail from us, please indicate your preference by emailing us at firstname.lastname@example.org or contacting our Grievance Officer.
Will we share any of the personal information we receives?
We neither rent nor sell your personal information in personally identifiable form to anyone. We share your personal information in personally identifiable form with third parties only as described below. In terms of the Diverse Services, we shall share the information collected from You with only such third parties in relation to whom you provide express consent.
· Affiliated businesses and third-party websites we do not control: In certain situations, businesses or third party websites we're affiliated with may sell items or provide services to you through the Mobile App (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your personal information with that affiliated business only to the extent that it is related to such transaction or service.
· Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide Products or services to you. Unless we tell you differently, our agents do not have any right to use the personal information we share with them beyond what is necessary to assist us.
· User submissions: Any content or personal information that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others.
· Business transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, personal information would be one of the assets transferred to or acquired by a third party.
· Protection of CultFit and others: We may release personal information when we believe in good faith that release is necessary to comply with laws; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Cultfit, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
· Offers, programs and benefits: We may offer certain programs (such as loyalty programs), benefits and offers provided by our affiliates, partners or third parties, which are complementary to our products or services or otherwise offer you a continuum of service offerings similar to the services or products offered on the Platform.
· With your consent: Except as set forth above, you will be notified when your personal information may be shared with third parties and will be able to prevent the sharing of this information.
Subject to applicable law, we may at our sole discretion, transfer personal information and/or SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by us under the terms hereof, located in India or any other country.
By using the Services and Products, you accept the terms hereof and hereby consent to the storage and processing of personal information and SPDI by third parties and in any of location within or outside India. We will make best efforts to ensure that the third party or the location to which the SPDI is transferred affords same level of data protection as would be afforded under Indian law.
Is personal information about me secure?
Your account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We will put in place measures to ensure that Your information in our possession or under our control is destroyed and/or anonymized reasonable after: (a) the purposes for which Your information was collected is no longer being served by the retention of such information; and (b) retention is no longer necessary under any applicable law. Your data may be anonymized, de-identified and/or aggregated, and the resulting data may be held by us, our affiliates, service providers and sellers on the Mobile App, associates, agents, representatives, and other authorized third parties, for as long as necessary for us to provide the services effectively or for other purposes.
We endeavor to protect the privacy of your account and other personal information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Mobile App or otherwise is at your own risk.
What personal information can I access?
Through your account settings, you may access, and, in some cases, edit or delete the following information you've provided to us:
· name and password
· email address
· user profile information, including your height, weight, and location
The information you can view and update may change as the Mobile App changes. Please note that any information that is automatically uploaded from a Product to the Mobile App, or collected otherwise from You by us, cannot be later changed or updated. We store Your personal information (including SPDI) until You require and inform us to delete the same.
We will redress your grievances and concerns surrounding usage of Services or Products through Mobile App within specified timelines as per applicable law. If you have any questions about viewing or updating information we have on file about you, or if you wish to raise any complaint/grievances, or object/withdraw your consents, please contact us at email@example.com or reach out to our Grievance Officer, appointed in accordance with the Information Technology Act, 2000 and the SPDI Rules, whose contact information is detailed below:
· Name: Mr. Srinivas Reddy
· Email – firstname.lastname@example.org; and
· Postal address – Diverse Retails Pvt. Ltd., Goodworks, Ground Floor, 21, 2nd Main Road, Electronics City Phase 1, Electronic City, Bangalore-560100 .
Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance or within such timeframe stipulated under applicable laws.
What choices do I have?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features / Products. We will retain Your personal information for a reasonable period or as long as the law requires. If you’d like us to delete/modify Information that you have provided via the Mobile App or otherwise to us, please contact us at email@example.com or contact our Grievance Officer and we will respond in a reasonable time. Please note that some or all of the Information provided by You to us may be required in order for the Mobile App / Products to function properly.
You may be able to add, update, or delete information as explained in section above. When you update information, however, we may maintain a copy of the unrevised information in our records. Please note that some information may remain in our private records after your deletion of such information from your account. We may use (or transfer to our affiliates, group entities or authorised third parties) any aggregated data derived from or incorporating your personal information after you update or delete it, but not in a manner that would identify you personally.
If you wish to opt-out of any services, offers, benefits, etc. offered by us or sellers on the Platform or their group entities or third party business alliance partners, you may do so in accordance with the terms specified to You by such affiliate/group entity. You are requested to carefully track notices sent to you, from time to time. To the extent that you do not expressly choose to opt-out of services, they may be provided to you on the basis that you have opted in to them.
Last Updated on September 02nd, 2021
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