PRIVACY POLICY

• GENERAL:

  • Fitternity Health E-solution Private Limited (“Fitternity”) is committed to the protection of personal information provided by the Users to Fitternity. Users agree that visiting/use of Fitternity’s website (“Website”) and mobile application (“Mobile App”), or the use of the products and services available thereon, implies consent to the collection, retention and use of Users personal information in accordance with the terms of this Privacy Policy (“Privacy Policy”).
  • Fitternity takes the privacy of Users seriously. Fitternity is committed to safeguarding the privacy of Users while providing its Products and Services (as defined in the Terms of Use) in a personalized and valuable manner.
  • No information provided by the User to Fitternity is rented or sold to any third party. When a User uses the Services, Users’ IP address and other personal information may automatically get stored. A high standard of security is maintained by Fitternity for Users. However, the transmission of information via the internet and web networks is not completely secure. While Fitternity does its best to protect Users’ information, particularly with respect to protection of Users’ personal data, Fitternity cannot ensure the security of Users’ data transmitted via the internet, web network or any other networks.
  • Access to the contents of Fitternity is conditional upon User’s approval of the Privacy Policy which should be read together with the terms of use of service (“Terms”). Users acknowledge that this Privacy Policy, together with our Terms, forms a legally binding agreement with Fitternity in relation to the use of Services (“Agreement”). All capitalized terms used but not defined herein shall have the meaning ascribed to such term in the Terms.
  • Fitternity reserves the right to contact the customer via any mechanisms, not limited to Email, SMS, or phone calls, to solicit feedback of customer's experience and to provide any additional services that customer would be eligible for, either as a customer or as a visitor.
  • This Privacy Policy is published in compliance with inter alia:
  1. Section 43A of the Information Technology Act, 2000 (“IT Act”);
  2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and
  3. Regulation 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
  • Our Privacy Policy explains:
  1. What information we receive from you;
  2. How we collect and use that information;
  3. How you can provide information, access and update the information; and
  4. How we process, share and protect your information.

• INFORMATION COLLECTED:

  • Traffic Data Collected

    Fitternity automatically tracks and collects the following categories of information when Users access the Website, or use the Products or Services:

    1. IP addresses;
    2. Domain server details;
    3. Types of devices accessing the Website and network carrier information;
    4. Referring source which may have sent Users to the Website; and/or
    5. Other information associated with the interaction of User’s device and the Website (collectively "Traffic Data”).

  • Personal Information Collected

    In order for Users to access certain areas of the Website, Fitternity may require Users to provide Fitternity with certain information that personally identifies such Users ("Personal Information"). Fitternity may also collect certain data which are specified as sensitive and personal information under SPDI Rules such as passwords, medical records and history, physical, physiological and mental health condition etc. (“SPDI”). You hereby consent to collection of such information. Personal Information inter alia includes the following categories of information:

    1. Contact data required at the time of registration on the Website and the Mobile App, including your name, e-mail address, phone number, gender, location and any other contact details;
    2. Demographic data (optional) such as time zone, postal address and location details;
    3. Basic bank details for payment processing; and
    4. Personal Information and SPDI (where necessary) collected for provision of the Services on the Website or Mobile App, including your passwords, and workouts related information, photographs.

    If a User communicates with Fitternity by, for example, e-mail or letter, any information provided in such communication may be retained as Personal Information by Fitternity.

• USE OF INFORMATION

  • We and our affiliates use your Personal Information and SPDI for the following purposes:
  1. The provision of 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 Website and Mobile App, 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;
  4. For payment, billing and invoicing related purposes;
  5. To analyse the use of our resources, troubleshooting problems and improve our Products and Services;
  6. To generate aggregated data to prepare insights (not being SPDI) to enable us to understand patterns and trends with a view to learn more about your preferences or other characteristics;
  7. Compliance with our obligations under applicable laws and other regulations, including to protect against and prevent fraud and other legal or information security risks; and
  8. To serve other purposes for which we provide specific notice at the time of collection, and as otherwise authorized or for any other lawful purpose.

• THIRD PARTY LINKS

  • Website and Mobile App may contain or facilitate links to third party websites. Users agree and understand that privacy policies of these third-party websites are not under control of Fitternity. Users understand that once a User leaves Fitternity’s servers, any information such User provides will be governed by the privacy policy of the operator of the third party website used by such User.

• PROCESSING OF PERSONAL INFORMATION AND SPDI

  • Personal Information and SPDI collected by Fitternity is used by its group companies as well in order to provide or recommend Services to the Users.

• DISCLOSURE OF PERSONAL INFORMATION

  • Fitternity reserves the right to disclose Personal Information and SPDI if required to do so by law or if Fitternity believes that it is necessary to do so to protect and defend the rights, property or personal safety of Fitternity, its affiliates or group entities, the Products and Services, or other Users.
  • We may disclose to our affiliates or group entities and third party service providers certain personally identifiable information listed below:
  1. Information you provide us such as name, email, mobile phone number.
  2. Information we collect as you access and use our Service, including device information, location and network carrier.
  • This information is shared with our affiliates or group entities and third party service providers so that we can:
    1. Personalize the app for you;
    2. Provide the Products and Services; and
    3. Perform behavioral analytics;
    4. Offer/provide any other services, offers, programs (such as loyalty programs), benefits, etc. by any of our group entities, affiliates or third parties, which will be complementary to our Products and Services or otherwise offer you a continuum of service offerings similar to the services or products offered on the Website or the Mobile App, subject to such terms as may be specified by Fitternity or its concerned affiliates/group entity from time to time.
  • We may also disclose and transfer your Personal Information to a third party who acquires, or may potentially acquire, our business, whether such acquisition is by way of a merger, consolidation or purchase of all or a substantial portion of our assets or investment in Fitternity.
  • We store and retain the Personal Information and SPDI until we receive requests from the Users for deletion of the same.

• TRANSFER OF SPDI OUTSIDE INDIA

  • Subject to applicable law, we may at our sole discretion, transfer Personal Information and SPDI to any other body corporate (as defined under the IT Act) 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, 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. Fitternity 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.
  • By continuing to use the Website and Mobile App, you provide your consent for transfer, sharing and disclosure of such Personal Information or SPDI by us in accordance with this Privacy Policy and applicable law.

• CONFIDENTIALITY AND SECURITY

  • Except as otherwise provided in this Privacy Policy, Fitternity will keep all Personal Information private and will not share it with third parties, unless Fitternity believes in good faith that disclosure of such Personal Information, SPDI or any other information Fitternity collects about Users is necessary for Permitted Use or to:
  1. Comply with a court order or other legal process;
  2. Protect the rights, property or safety of Fitternity, Fitternity’s officers, employees, agents, consultants and affiliates or another party;
  3. Enforce the Agreement, including Terms; or
  4. Respond to claims that any posting or other content violates the rights of third-parties.
  • 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 or our affiliates, associates, agents, representatives, and other authorized third parties, for as long as necessary for us to provide the Services effectively or for other purposes.

• SECURITY

  • The security of Users’ Personal Information is important to Fitternity. Fitternity follows generally accepted industry standards to protect the Personal Information submitted to Fitternity, both during transmission and once Fitternity receives it.
  • Although Fitternity makes best possible efforts to store Personal Information and SPDI in a secure operating environment that is not open to the public, Users should understand that there is no such thing as complete security, and Fitternity does not guarantee that there will be no unintended disclosures of Personal Information and/or SPDI, subject to Fitternity’s compliance with the applicable laws with respect to confidentiality and privacy of User’s data. If Fitternity becomes aware that certain Personal Information and / or SPDI have been disclosed in a manner not in accordance with this Privacy Policy, Fitternity will use reasonable efforts to notify the concerned User of the nature and extent of such disclosure (to the extent Fitternity is aware of that information) as soon as reasonably possible and as permitted by applicable law.

• UPDATES AND CHANGES TO PRIVACY POLICY

  • Fitternity reserves the right, at any time, to add to, change, update, or modify this Privacy Policy. Users are requested to review this Privacy Policy frequently. If any change has been incorporated in this Privacy Policy by Fitternity, then Fitternity will post such changes on this page. In all cases, use of information Fitternity collects is subject to the Privacy Policy in effect at the time such information is collected by Fitternity. Your continued access or use of the Website and the Mobile App once a revision becomes effective will mean that you accept the revised policy and agree to be bound by such policy.

• USERS’ RIGHTS

  • Users have a right to correct any errors in such User’s Personal Information and / or SPDI available with Fitternity. A User may request Fitternity in writing that Fitternity ceases to use such User’s Personal Information. Fitternity may stop providing Services to such a User, if so required. If Users wish to opt-out of any services, offers, benefits, etc. offered by Fitternity or its group entities or third party business partners, they may do so in accordance with the terms specified to them by such affiliate/group entity. Users are requested to carefully track notices sent to them from time to time and to the extent Users 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.
  • If the Users are visiting our Website or the Mobile App or availing the Services, such usage constitutes express consent by the Users to us collecting, storing, processing, transferring or disclosing Personal Information in accordance with the terms of this Privacy Policy or as otherwise required by, or permitted under, applicable law.

• LIMITATION OF LIABILITY

  • No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the services provided by Fitternity or its affiliates/group entities, including provision of the Website.
  • Any reference on the Website to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by Fitternity.
  • Services provided by Fitternity only include provision of an online platform for facilitating buying and selling of fitness related product and services and promotion of fit and healthy lifestyle, unless other has expressly been provided in the Terms. The products and services made available through the Services for sale are sold on ‘as-is’ basis and Fitternity has no responsibility with respect to adequacy, relevancy or authenticity of such products listed by the Sellers. Fitternity is not responsible for any information provided by one User to the other User, or by Seller to the Buyer, or by Buyer to the Seller, in the course of Service and this Privacy Policy governs Fitternity’s relationship with the Users only with respect to information provided by the Users to Fitternity and/or the information collected by Fitternity from the Users.

• GRIEVANCE OFFICER

  • We will redress your grievances and concerns surrounding usage of Services through Fitternity Website and mobile application and use of our website and mobile application within specified timelines as specified under the applicable law. In the event of any complaint with respect to Fitternity Website, mobile application or Services, please contact the Grievance Officer, whose contact details are provided below:
  • Name: Ms. Neha Motwani;
  • Email – greivance@fitternity.com; and
  • Postal address – G11, Unique House, Chakala, Andheri East, Mumbai - 400099.

  If Users have questions or concerns, they may email Fitternity at info@fitternity.com or the Grievance Officer and Fitternity will attempt to address Users’ concerns within 15 (fifteen) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.