INTRODUCTION Fitmap Private Limited (“Fitmap” / “Company” / “We” / “Us” / “Our”) respects the privacy of all the users / customers (collectively the “User” / “You” / “Your”) who use and access Fitmap’s website domain www.fitmap.in (“Website”) and the application ‘[●]’ [Insert name of application (“Application”) (the Website and Application being collectively referred to as the “Platform”) for availing the fitness and wellness services, including but not limited to videos, online consultations, exercise programs and regimes, nutrition and diet plans, fitness tracking or any other related products or services offered on the Platform (“Services”). Fitmap is committed towards protecting and safeguarding the information, including personal information of its Users which may be collected by Fitmap in the course of providing the Services or in consequence of Your use or access of the Platform. Any personal information collected from You on the Platform shall be governed by this privacy policy (“Privacy Policy”). This Privacy Policy provides for the kind of information that is collected on the Platform, use, disclosure and manner of handling of such information by Fitmap. The Users are advised to read this Privacy Policy, along with Fitmap’s Terms of Use, before using or accessing the Platform, or availing the Services or providing Fitmap with their information and / or personal information. By using / accessing / browsing the Platform or availing the Services, You signify Your consent for Fitmap to collect and manage Your personal information in accordance with this Privacy Policy. If You do not agree with any aspects of this Privacy Policy, then You shall not be authorized to use or access the Platform or the Services in any manner. This Privacy Policy is published in compliance with:
(a) Section 43A of the Information Technology Act, 2000;
(b) Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011;
(c) Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
1.GENERAL By using or accessing the Platform or availing the Services or by otherwise giving Us Your Information through electronic, physical or other means, You confirm that You have the capacity to enter into a legally binding contract and that You have read, understood and agreed to the practices and policies outlined in this Privacy Policy and our Terms of Use. You herebyconsent to Our collection, use, sharing, and disclosure of Your Information as described in this Privacy Policy. The collection and processing of information in the course of other contractual or commercial engagements that we may enter into with You, will be done in accordance with the specific terms applicable thereto, and not by this Privacy Policy.
2.INFORMATION BEING COLLECTED You can access / use / browse the Platform and avail the Services by signing-up and registering an account on the Platform (“Account”). When a User registers an Account or communicates, in any manner, with Fitmap, We may collect and store any or all Information that can be used to identify You and identify the type of Services being availed by You including sensitive personal information and other non-personal information. The Information being collected may vary depending upon Your use of the Platform or any Services availed thereon. The following information, may be collected by the Company (“Information”):
(a) Your full name, date of birth, age, gender, contact details, email address, details of your company or organization, financial information (credit card / debit card number, expiration date, CVV number, banking details, billing information, payment history, etc.), official identifier, biometric data, weight, height, nutrition data, workout and exercise data, photographs uploaded by You, calories, sleep habits, heart rate, oxygen levels and such other health related data (“Personal Information”).
(b) information provided / uploaded by You through Your Account for availing the Service or collected by us through APIs for providing the Services, along with information relating to your workouts, exercises, progress, fitness tracking, completion of fitness challenges;
(c)We also store cookies, tags, scripts, log files and other similar technologies to: (i) identify users (ii) track user activity, behaviour and movement on the on the Platform;(iii) analyse user patterns and trends; (iv) track the sections, links, tabs or pages that are most visited by the users; and (v) to build a database of user preferences (“Cookies”).
(d)We may also collect information about how You use the Platform and / or the Services and information about Your server, software, usage statistics, traffic data, your internet protocol address (IP), browser and operating system type, domain names, access times,time zone, date and time of access, referring URLs, location and location based information, and details regarding the parts of the Platform that you access (“Behavioural Information”)
(e) We may also collect information including Personal Information from any connected devices or applications such as Your smart phones, smart watches, fitness bands, fitness trackers or other fitness tracking applications;
(f) Account related information such as username and password;
(g) information provided by other users of the Platform / Services;
(h) information collected third-party accounts when you log in to Your Account with third party products or services such as google, Facebook, Apple ID and so on;
(i) information collected or received from external sources such as Our partners, affiliates or third-party websites, platforms, applications, plugins or other third-party organisations providing services similar to Our Services;
(j) information provided by You while contacting Us for assistance and support services; While certain Information such as Cookies, Behavioural Information and other Information is collected automatically when You access / use / browse Our Platform, We collect Personal Information from You only with your prior consent unless there are other legal grounds for doing so, as further specified in this Privacy Policy. In the event that you provide Us with Personal Information of third parties, We assume that You have obtained consent of such third parties, and have sufficient rights, approvals and licenses to provide such information to Us. We shall not be liable in any manner to any third party if You have not obtained the prior consent of such third party when you provide Us with Personal Information of such third parties.
3.CONSENT By using / accessing / browsing the Platform or availing the Services or products in any manner, You acknowledge and agree that all Information, including Personal Information, provided by You to Us is voluntary which can be used in accordance with this Privacy Policy. The collection, use and disclosure of Personal Information requires Your express consent, unless there are other legal grounds available to Us to collect such information as furtherspecified in this Privacy Policy. By using or accessing the Platform or availing the Services or otherwise providing us with Your Personal Information, where applicable, You are providing Us with Your unconditional consent to Our collection, usage, disclosure and retention of the Information, including Personal Information in accordance with the terms of this Privacy Policy. Further, the Platform is provided as a community platform / sharing network whereby Your other users of the Platform and the public at large can view Your profile, activities on the Platform, pictures / images, questions / comments, diet plans / recipes, or other content uploaded by You, Your participation and progress in the fitness challenges available on the Platform and other related activities / information. You agree and consent that your Account profile, activities and any images or transformation pictures uploaded by you can be viewed by other users and the public by default. We provide various privacy tools on the Platform to control the sharing / viewing of your profile, pictures / images or any Personal Information by other users / public. We encourage You to adjust the settings of your Account in line with Your desired experience and privacy. In the event of a change in the law applicable to data protection in India, You hereby expressly consent to Our continued use, storage, collection and disclosure of Your Information, including Personal Information, to the fullest extent permitted under such applicable law. We may reach out to You for obtaining additional consents and approvals as required under the amended law and You will be required to comply with such requests. Should You choose to not provide Us with such additional consents and approvals, we may have to discontinue Your access to or use of the Platform and Your Account.
4.USE OF INFROMATION We use your Information:
(a) to provide You the Services along with any other products, services or support services;
(b) to enable You to set up and maintain Your Account;
(c) to enable You to become a member on the Platform by purchasing / subscribing to various plans, packages, training programs or challenges or making refunds in relation to any purchase / subscription;
(d) to enable You to participate in fitness challenges, online consultations, question-answer sessions, and live videos / training sessions;
(e) to announce winners of the fitness challenges and to give away various prizes to such winners in the form of cash prizes, apparel, exercise equipment, appliances, etc.;
(f) to offer any discounts, promotions, and loyalty points whether by offered by Us or third parties with whom we collaborate;
(g) to operate and improve the Platform in order to foster a positive user experience;
(h) for analysing data, tracking trends, building algorithms, developing updates or enhancements, creating databases for rating systems, recommendations engines, so on and so forth;
(i) to conduct audits and quality assessment procedures, whether as part of the services or otherwise;
(j) to analyse and monitor any errors, bugs or discrepancies on the Platform, the Services and / or in relation to your Account;
(k) to analyse the use of our resources and troubleshooting problems in relation to the Platform;
(l) specifically, Cookies to: (i) track User activity, behavior and movement on the Platform; (ii) analyze User patterns and trends; (iii) track the sections, links, tabs and pages that are most visited by the User; and (iv) to build a database of User preferences. In addition to the above, we also use Your Information, including Personal Information: (i) for internal operational purposes such as record keeping, accounting and compliance with applicable laws; (ii) for recording information including dates, time and locations at which the Platform has been accessed by using various tracking technologies and thereby improve Our Platform and Your experience thereon by providing You with relevant information based on the above. Your disabling of tracking features on the Platform by changing settings on Your device and / or web browser may result in your inability to use the Platform optimally or entirely; (iii) to investigate, detect, prevent, or take action regarding illegal activities, suspected fraud, fraudulent activities, to report spams, to report potential threats to the rights, interests, safety of Fitmap, Fitmap’s customers, users, any person, third parties or as otherwiserequired by law; (iv) to respond to any queries that You may have, and to communicate information to You, including notifications of any alerts (via email or SMS), any updates to the Platform, any changes to the Privacy Policy or Terms of Use; and (v) to contact you from time to time to record Your valuable feedback on Our Platform, as it currently stands, and / or any potential services that may be offered in the future. Our primary goal in collecting Information is to provide You with a smooth, efficient and customized experience. This allows Us to provide features and services that are most likely to meet Your requirements and to improve the Platform and Our Services in order to enhance Your experience. Fitmap may also use the Information to conduct study and research on the market behaviour with respect to the Services or any other products and services or for the purpose of improvement of Services or other products or services. Further, at the time of provision of Services, You may provide Us Information, data or other information pertaining to Your company, business, employees or customers / clients. You agree that You provide us access to such Information and consent to processing of such Information by Us for providing the Services to You. You shall, at all times, be the sole owner of the Information or any other data or information provided to Us by You. Fitmap does not claim any ownership rights in any Information provided by You, in any manner whatsoever, Notwithstanding the forgoing, Fitmap shall be the sole owner of any databases, algorithms, analysis or systems created or maintained by Fitmap in a non-identifiable and anonymised manner.
5. CONDUCT OF USERS (a) Users must abide by the Privacy Policy and the Terms of Use available at the time of using / accessing / browsing the Platform and / or availing the Services. (b) Users must keep the user ID and password of their Fitmap Account confidential and shall not share it with other users or persons. (c) Users shall ensure that they log out of their Fitmap Account on the Platform when not in use so that any other person using the same system does not get access to the User’s account.
6. YOUR RIGHTS (a) You may review, correct, update, or change your Personal Information provided by your through your Account. (b) If You wish to delete Your Personal Information provided to Fitmap, You can do so by sending a request to Us at [Stoicus Note: Please insert the email address for correspondence by Users]. (c) You may disable the browser cookies before using / accessing / browsing the Platform or using the Services. However, if you do so, You may not be able to access certain features of the Platform or the Services. (d) You may choose not to provide us with information for non-mandatory fields. (e) You may choose to withdraw your consent by writing to Fitmap at [Stoicus Note: Please insert the email address for correspondence by Users]. However, such deletion of Personal Information or withdrawal of consent may result in discontinuation of Your Account and access to the Platform, along with discontinuation of the Services for which such Personal Information or consent is specifically required.
7. RETENTION OF INFORMATION We retain Your Information, including Personal Information on Our servers for as long as Your Account is active or as needed by Us to provide You with Services that You request, or as is reasonably necessary for the purposes listed in this Privacy Policy. In some circumstances we may retain Your Personal Information for longer periods of time, for instance where we are required to do so in accordance with any legal, regulatory, tax or accounting requirements. Where Your Information or Personal Information is no longer required, we will ensure it is either deleted or securely stored in an isolated, non-identifiable and anonymised manner.
8. DISCLOSURE Fitmap does not disclose any Information to any individual or entity except as provided in this Privacy Policy. Fitmap may disclose the Information only when required under an applicable law to any authority authorized to collect such Information and only to the extent necessary. Fitmap may at its sole discretion, disclose the Information of its Users to: (i) its employees,agent, representatives, service providers, affiliates and third party vendors who need to know the Information in order to process it for Us and to enable us to provide the Services, and who are subject to strict contractual confidentiality obligations; and (ii) third party organizations / entities who may analyse such Information and other related data for the purpose of enhancing and improving the Services or developing new services or products, conducting research or analysis, marketing and promotion of the Platform, the Services or other products or services and other related purposes. Fitmap does not sell or trade in any form or manner, the Information or Personal Information of its Users to any third party, in any form or manner. In the event that Fitmap discloses the Information or Personal Information of its Users to any third party, it ensures that such third party is bound by confidentiality obligations similar to the confidentiality obligations of Fitmap under this Privacy Policy, prior to such disclosure to such third party.
9. THIRD PARTY LINKS The Platform may host links to third party websites providing products and services including but not limited to Our brand collaborations, apparel, nutrition supplements and supplies, gym / training equipment, discounts / offers / promotions, so on and so forth. (“Third Party Links”). We have no control over such Third Party Links, which are provided by persons or companies other than Us. We are not responsible for any collection or disclosure of your Information or Personal Information by such companies or persons on such Third Party Links thereof. You agree and acknowledge to that Third Party Links have their own privacy policies governing the collection, storage, transfer, retention and / or disclosure of your information and that you access such Third Party Links at your own risk.
10. SECURITY We are committed to ensure that Your Information, including Personal Information is secure with Us. To ensure the security and protection from any unauthorized access or disclosure we have in place appropriate physical, electronic and managerial procedures to safeguard and secure the Information, including Personal Information We collect on the Platform or during provision of Services or support services thereof. We do not retain any Personal Information collected from you for any period longer than reasonably required by Us for the purpose of Our Services or such period as may be required by applicable laws in India. However, please be informed that despite the stringent security measures being adopted by Fitmap, there maystill exist the risk of potential security breaches which are inherent in the use of the internet and the world wide web. Further, Fitmap shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control, including but not limited to, acts of god, natural calamities, war, terrorism, acts of government, hacking, cyber terrorism, unauthorised access to any information or data or other electronic devices and storage devices, device crashes, breach of security and encryption, so on and so forth.
11. CHANGE IN PRIVACY POLICY Fitmap is committed to comply with the extant applicable laws of India. Fitmap reserves the right to amend, modify, add, delete or remove any portion of this Privacy Policy as may be required under any applicable law or if required to enhance and improve the Users’ experience of the Platform or the Services. Usage of Your Information shall be governed by the last updated or revised Privacy Policy which shall be available on the Platform. Your continued use / access / browsing of the Platform or the Services after any such amendment or modification signifies Your acceptance to such amendment or modification. If You do not agree with this Privacy Policy at any time, in part or as a whole, You must not use / access / browse the Platform or the Services, in any manner whatsoever.
12. DISCLAIMER Although We are committed to protecting Your privacy, We do not make any promise to the effect that Your Information, including Personal Information, or private communications will always remain private or may be disclosed in ways not otherwise described in this Privacy Policy. You assume all responsibility and risk for: (i) Your use of the Platform or the Services;(ii) use of the internet generally; (iii) the Information or any other data or information you provide to Us; and (iv) Your conduct on and off the Platform. Further, we assume no liability for any actions of third parties with regard to Your Information or Personal Information which You may have disclosed to such third parties by accessing or visiting platforms of such third parties. Fitmap shall disclaim any liability arising out of Your disclosure of Information or Personal Information to or any other dealings with any third parties or generally in Your use, access or browsing of the internet or internet-based platforms.
13. GOVERNING LAW This Privacy Policy shall, in all respects, be governed by and construed in all respect in accordance with the laws of India. Fitmap and the User agree to submit to the exclusivejurisdiction of the courts at Hyderabad, India, in connection with any dispute arising out of or in connection with this Privacy Policy. 14. GRIEVANCE REDRESSAL If You have questions, comments, suggestions or grievance with respect to the Privacy Policy, please send Us an e-mail at
[Stoicus Note: Please insert the email address for correspondence by Users].