Find Your Fit Private Limited (“FYF”, “We”, “our”, or “Us”) is the owner, author and publisher of a website and mobile based application (“Platform”) and is engaged in the business of providing a Platform for individuals to list themselves in order to connect and collaborate with third parties to achieve their fitness goals, including by choosing to play sports with such parties outside of the Platform and managing their expenses and calendars on the Platform (“Services”). All visitors and users of the Platform are together termed as “you”, “your”, “Users”, “Client”. We desire a long-term relationship with you and respect the trust that you place in us while you interact with us. In keeping with the requirements of applicable law, including Section 43A of the Information Technology Act, 2000, Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”) and Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, (“2021 Rules”) this comprehensive privacy policy has been prepared to outline everything you need to know about the kind of information collected by us from you about you and/or about the end users of the Products and Services, our commitment to protecting such information in the course of our interaction with you and the conditions under which we may have to disclose such information (“Privacy Policy”). By visiting this Platform you agree to be bound by the terms and conditions of this Privacy Policy and Terms of Use into which the Privacy Policy is incorporated by reference; and consent to our use and disclosure of your personal information, including sensitive personal information as defined under applicable law, in accordance with this Privacy Policy and applicable law. If you do not agree with the terms of this Privacy Policy please do not use or access our Platform. This Privacy Policy is incorporated into and subject to the Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning specified in the Terms of Use. If you use this Platform on behalf of a third party, you represent that you are authorised to accept the terms of this Privacy Policy on such person’s behalf. You agree to be bound by any amendment / change to this Privacy Policy that FYF may make at any time, with or without advance notice to you. FYF reserves its right to bring about changes or to remove any information published on the Platform due to changes in government regulations and other local laws applicable. In the event there are significant changes in the way FYF treats User’s personally identifiable information, FYF will display a notice on the Platform. Notwithstanding the above, FYF shall be deemed to have notified the Users of any changes made to the Privacy Policy once the same is published on its Platform. To make sure you are aware of any changes, please review this Privacy Policy periodically.

Collection, use and disclosure of your personal information.

“Personal information” (including any Sensitive Personal Information) is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. The SPI Rules further define “sensitive personal data or information” of a person to mean personal information about that person relating to:

(i) passwords;

(ii) financial information such as bank account or credit card or debit card or other payment instrument details ;

(iii) physical, physiological and mental health condition;

(iv) sexual orientation;

(v) medical records and history;

(vi) biometric information;

(vii) any detail relating to the above as provided to body corporate for providing service; and

(viii) any of the information received above by a body corporate for processing, whether stored or processed under lawful contract or otherwise: Provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of the SPI rules.

The Information specified above and collected by us may be classified as ‘Personal Information’ or ‘Sensitive Information’ under the SPI Rules. Collection of information which has been designated as ‘sensitive personal data or information’ under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules requires your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such collection as required under applicable law. Our Services may be unavailable to you in the event such consent through an email is not given.

Use of Personal Information

When you use or transact on our Platform, we collect Personal Information about you periodically. We may collect your name, postal address, email address, phone number, username, password, demographic information (such as your gender and birth date) as well as information you directly give us on our Platform and/or through our Services. The objective is to operate, assess activity on, and improve the performance of the Platform/ Services, including the following: • To provide the services and personalise your experience; • To communicate with you about the services; • To market, promote, and drive engagement with the services; • For customer support; • For Safety and Security; • To protect our legitimate business interest and legal rights. In general, you can browse the Platform without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. You always have the option to not provide information by choosing not to use a particular service or feature on the Platform. We may automatically log certain information about you and your computer, phone, tablet, or other devices you use to access the Platform and/or Services. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve our users. This includes using your phone number or email ID to contact you regarding inter alia., your use of the platform, promotional activities, through WhatsApp, email or other electronic means. In the event you use the Platform to book appointments with any practitioner, we may send booking confirmation, cancellation, rescheduled appointments or any such other information relevant for the transaction, via SMS, app notifications, or by voice call on the contact number provided by you at the time of making the appointment. Your Freelancer (assigned fitness coach) may also create a WhatsApp group (or other similar social media group) for the purpose of sharing workouts and/or co-ordinating workout sessions with you. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Platform or not), which URL you next go to (whether this URL is on our Platform or not), your computer browser information, and your IP address. FYF may share some of the aggregate findings (not the Personal Information) in anonymized form with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business. If you transact with us, we collect some additional information, such as a billing address, mode of payment, telephone and email address. If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. If you send us any unencrypted information, through emails, text, or other transmission or if other users or third parties send us correspondence about your activities or postings on the Platform, we may collect such information into a file specific to you. Please be aware, however, that any text, email or other transmission you send and which is unencrypted through internet, cannot be completely protected against unauthorized interception. We want to make you aware that your personal email may be unsecure, and FYF cannot be responsible for any unauthorized access to information when information is sent to your personal email. In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users’ activity on our Platform. We identify and use your IP address to help diagnose problems with our server, and to administer our Platform. Your IP address is also used to help identify you and to gather broad demographic information. We may occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Platform, providing you with content that we think you might be interested in and to display content according to your preferences. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; measure consumer interest in products and services provided on the Platform, inform you about personalised offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection. We may combine all the information that we collect with the data obtained from the third parties or through our products and services. We may also collect and store information on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

Notwithstanding anything to the contrary contained elsewhere in this Agreement, FYF explicitly denounces any liability arising from your disclosure of personal information to any person, employee or third-party through WhatsApp, email or other electronic means, outside the Platform.

Further, you agree and consent to receive all communications at the mobile number, email address or address provided. This consent applies even if the mobile number you provided is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorise FYF to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers.

Notwithstanding your registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), you hereby express your interest and accord its willful consent to receive communication (including commercial communication) in relation to company name. You further confirm that any communication, as mentioned herein above, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and you have specifically opted to receive communication in this regard on the telephone number provided by you.

Cookies

We may log information using “cookies”. “Cookies” are small files placed on your hard drive that assist us in providing our services. A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We may use both permanent and temporary session cookies to provide you with a more personal and interactive experience on our Platform. We offer certain features that are only available through the use of a “cookie”. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Additionally, you may encounter “cookies” or other similar devices on certain pages of the Platform that are placed by third parties. We do not control the use of cookies by third parties.

Disclosure

We will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree or when FYF , in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use. We will not rent or sell your Personal Information to others without your consent, although we may share it with partners for the purpose described above under “Use of personal Information”. We also reserve the right to disclose personal data or other information that we believe, in good faith, is appropriate or necessary to:

(i) protect ourselves from any liability under applicable law,

(ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity

(iii) investigate and defend ourselves against any third-party claims or allegations,

(iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or

(v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.

When you use our Platform, we must provide some of your personal information to third parties to give you better services and for enhancement and visibility of our Application.

Due to the existing regulatory environment, we cannot ensure that all of your information shall never be disclosed in ways other than those described in this Privacy Policy. For example, but without limiting and foregoing, we may be forced to disclose Your Personal Information to the government, law enforcement agencies or other third parties. Under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or abuse or misuse your personal information that they may collect from our Application. Therefore, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. We may share your personal information to those service providers and Practitioners with which you make arrangements through our app. We provide them with the Personal Information needed to make and complete the appointment / answer the query you pose.

We may share our data, including your personal information, with our parent and/or subsidiaries that are committed to serving your needs through use of our Products and related Services, throughout the world.

We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can, and You so authorise Us, disclose your personal information to law enforcement and other government officials as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Us or you to any legal liability.

Choice/Opt-Out

We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account. If you want to remove your contact information from our Platform, lists and newsletters, please click on the ‘uninstall’ button. You may send requests about any changes to your personal information to our Contact Information below or to social@fyf-online.com. You can request to change contact choices, opt out of our sharing your information with Us or with others, and update your personal information.

Links to Other Sites

Our Platform may link you to other websites and platforms that may collect personally identifiable information about you as well as sensitive personal data. FYF is not responsible for the privacy practices or the content of those linked websites and platforms.

Security Precautions

All your personal information, provided by you to Us, is maintained by FYF in electronic form on its equipment. You hereby consent to the collection of information and acknowledge that the information is collected for the purpose of providing Services to you. User information provided to FYF may also be converted to physical form from time to time. FYF shall not be responsible for any breach of security or for any actions of any third parties that receive Users’ personal data or when you use third party technologies or clink on links that take you to other third party websites or due to such other acts that are beyond our reasonable control including, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, breach of security and encryption, poor quality of internet service or telephone service etc. Our Platform has stringent security measures in place, as per requirements of applicable law, to protect the loss, misuse, and alteration of the information provided by you to us. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession, we adhere to strict security guidelines, protecting it against unauthorized access. However, no method of transmission over the internet or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about the security of our Services, you can contact us at social@fyf-online.com.

Your Consent

By using the Platform and/ or by providing your information to us, you consent to the collection and use of the information you disclose on the Platform in accordance with this Privacy Policy and Terms of Use. If we decide to change this Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

What is the cancellation policy for products/services purchased or availed by you?

(a) Cancellation by FYF : There may be certain requests for Products/Services that FYF is unable to accept and FYF reserves the right to not accept or cancel any orders that have been accepted. FYF reserves the right, at its sole discretion, to refuse or cancel any order or payment request for any reason whatsoever. Some situations that may result in User’s order being cancelled include, without limitation, non-availability of the Product/Service or inaccuracies or errors in listings or pricing or other information. FYF may also require additional verifications or information before processing any order, which the User shall have to provide for the order to be processed. All such cancellations shall be without any recourse to User and without any liability to FYF. If User’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to you either to the bank account provided by you for such reversal, or to the payment instrument from which payment was made, or to any pre-paid payment instrument account of yours. FYF shall have the sole discretion to determine the mode of reversal. Cancellation by you: User cannot cancel any order or transaction request once processed. User may cancel his/her registration with us at anytime, provided all previous outstanding payments are settled. Upon cancellation of the registration, there may still be some information saved on our server regarding the user, which shall be retained by us to the extent required by applicable law. For deactivation of the account and deletion of data on the Platform, the User may send an email to social@fyf-online.com. 

Grievance Redressal Officer

In accordance with Information Technology Act, 2000 and the relevant rules made there under, any User having grievances regarding a subject-matter pertaining to this privacy policy may furnish such grievance to the Grievance Officer. We shall address the same at the earliest and in accordance with requirements of applicable law. The name and contact details of the Grievance Officer are provided below:

Ms. Arushi Lohani

Address: D- 823, Sunder Nagar, Behind Fortis Hospital, Malviya Nagar, Jaipur 302017

Phone: +918860109546

Email: social@fyf-online.com

Time: Mon to Fri (9:00 am to 6:00 pm)

Contact Information

We welcome your comments or questions about this privacy policy. You may also contact us at our address:

FindYourFit Private Limited

Address: D- 823, Sunder Nagar, Behind Fortis Hospital, Malviya Nagar, Jaipur 30201