Privacy Policy

Fitterfly Healthtech Private Limited (“Company”/“We”/ “Us”) is committed to upholding the privacy and security of the information supplied by every person (“User”/“You”) accessing and using any version of the ‘Fitterfly Wellness’ application (“App”) and ‘https://www.fitterfly.com/’ (“Website”) on a compatible device. This privacy policy (“Privacy Policy” ) briefly provides the manner in which We collect and use User information. By accessing or using the App and/or Website (“Platform”), You signify that You have read, understood and agree to be bound by this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time without prior notice and such changes shall be effective immediately upon posting the updated or modified Privacy Policy on the Platform and We shall not be bound to inform you of any modifications hereof. Your access and use of the Platform following any such change constitutes your agreement to follow and be bound by this Privacy Policy, as updated or modified. For this reason, We encourage You to review this Privacy Policy each time You access and use the Platform. Your use of the Platform and any disputes arising therefrom, is subject to this Privacy Policy.

  1. Information Collected
    1. We shall collect personal information of the User, by which he/ she/ it, as a person can be identified, including without limitation, name, gender, age, date of birth, height, weight, mobile number, business name, date of incorporation, address, email address, any identity proof number, phone number, health and fitness related information etc (“Personal Data” or “Personal Information”). It is hereby clarified that:

      1. Such Personal Information shall include:

        1. physical, nutritional, fitness, medical, and other information, including without limitation, physiological factors such as weight, sleep patterns, posture, diet and exercise, various health symptoms, as may be required for the effective use of the Platform ( “Physical Data” ).

        2. information that does not reveal the identity of the User in any way, including without limitation, the details of the User’s browser and operating system, time spent using Platform, other webpages visited by the User, unique identifiers of the Device, information of WiFi connectivity, etc. (“Other Information”).

        3. GPS signals, device sensors, Wi-Fi access points, and cell tower IDs for displaying the User’s location on a map (“Location Data”).

        4. credit card or other payment account information solely for processing payments (“Payment Information”). Provided further that the User’s Payment Information shall not be stored on the Platform, except for:

          (a) the name and address of the card holder, the expiry date and the last four digits of the credit card number.

          (b) processing future payments, subject to the User’s prior consent.

          Where necessary Payment Information of the User shall be stored, it shall be stored in encrypted form on secure servers of reputed payment gateway service provider/s engaged by Us. Such payment gateway service provider/s shall treat such information in accordance with their respective privacy policies, available on their respective websites.

        5. While some User information has to be mandatorily provided, others are optional and certain portions of the information shall remain private and some shall be displayed to other Users; We shall always let the User know which is which.

        6. Additional information may be gathered during subsequent use of the Platform by the User, whenever the User chooses to provide it.

    2. Certain mandatory information shall be collected at the time of registration on the Platform which is required to enable the User to login to the Platform and for Us to verify the User’s identity; and to safeguard against illegal activities like fraud, cheating, misappropriation, etc. as may be determined by Us; and/or our banking and service partners.

    3. In order to use the facilities and services available on the Platform, the User may be required, from time to time, to provide certain additional personal information after registration on the Platform, which information shall be collected only upon receiving the User’s express consent.

    4. We may also automatically receive and collect certain anonymous information in standard usage logs through the web server, including mobile-identification information obtained from the equivalent of "cookies" sent to the Platform, including mobile network information, standard web log information, usernames, passwords, and other security and usage related information, traffic to and from our Platform, tracking inside the Platform, log data, analytical code, time stamp, geo stamp, version and identification number of the Device, browser type, browser language, the date and time of Your request, Your profile, websites visited by You, search terms used, platform type, number of clicks, phone number, requested status of other Users and various status information and other personal setting information with regard to Your usage of the Platform and any other available information (“Usage Information”), from:

      1. an IP address, assigned to the device used by the User;

      2. the domain server through which the User accesses the Platform and the functions and features therein; and

      3. the type of device used by the User (“Device”).

      It is hereby clarified that such Usage Information collected is not associated with any Personal Data and is tagged to the unique identifier of a particular Device.

    5. The User may choose to provide Us with access to certain personal information stored by third parties like social networking sites (e.g. Facebook and Twitter). We shall have access to such information to the extent allowed by the User’s privacy settings on that site and the User’s specific authorization. In the event the User associates a User account managed by Us with an account maintained with any third party to enable Us to access certain information maintained in such third party managed accounts, the User agrees that We may collect, store and use such information in accordance with this Privacy Policy.

    6. After obtaining the User’s specific consent to allow the Platform to access the User’s SMS inbox, we may collect relevant information from text messages (SMS) received by the Users from providers of services and/or products (including but not limited to retail outlets, financial institutions, mobile carriers and utility companies), that shall enable us to provide better services and products to the Users. We shall only access business messages that originate from alphanumeric senders.

    7. In order to enhance our ability to provide valuable services and experiences to the User, We may:

    8. automatically receive, collect and analyse your location information which may be accessed through a variety of methods including, inter alia, GPS, IP address, and cell tower location; and

    9. collect information pertaining to your Device and your usage thereof, including, inter alia, the names of the other applications on your mobile Device and how you use them, information about your Device, and information about your use of features or functions on your Device.

  2. Method And Manner Of Use Of User information
    1. We shall also use the User information to enable activities and transactions that need to occur during the process of lending, such as:

      1. Generating and maintaining User profiles on the Platform;

      2. Provide personalized features;

      3. Maintaining regular communications with the User;

      4. Modifying the Platform from time to time to cater to the User’s interests;

      5. Providing the Platform and the functions and features therein, efficiently;

      6. Making charts and comparisons;

      7. Personalizing the fitness statistics;

      8. Calculating the average to determine the Users’ fitness assessment reports;

      9. Software verification or administering software upgrades;

      10. Allowing the Users to participate in surveys regarding services on the Platform;

      11. Improving Users’ experience;

      12. Providing custom, personalized content and information;

      13. Monitoring the effectiveness of marketing campaigns by Us;

      14. Monitoring aggregated metrics such as total number of visitors and traffic;

      15. Maintaining the quality of services on the Platform and providing general statistics regarding their use;

      16. Sharing email notifications, confirmations, technical notices, updates, security alerts, and support and administrative messages that the Users may request;

      17. Maintaining archival or backup of the Platform;

      18. Altering the User about updated information and such other new or updated services that may be offered by Us;

      19. Allowing access to exclusive features or functionality of the Platform; and

      20. Resolving disputes, collect fees and troubleshoot problems.

    2. You acknowledge that you are licensing Us to use, modify, display, distribute and create new material from the information you provide through the Platform to render certain services on the Platform. By providing such information, you automatically agree, or promise that the owner of such information has expressly agreed to allow or license, as the case may be, Us to use the information in the manner set out in this Privacy Policy, without the payment of any fees. We may, to the extent permitted by law, also use, license, reproduce, distribute disclose, and aggregate, non-personally identifiable information that is derived through your use of the Platform and you hereby provide consent for the same.

  3. Sharing Of Information
    1. We shall not use User information for any purpose other than in connection with the Platform. We shall not rent, sell or share User information and shall not disclose any of the User’s personally identifiable information to third parties, unless:

      1. it is pursuant to obtaining the User’s permission;

      2. it is in connection with the services being rendered through the Platform;

      3. it is to help investigate, prevent or take action regarding unlawful and illegal activities; suspected fraud, potential threat to the safety or security of any person, violations of the Company’s terms and conditions (“Terms of Use”), or as defence against legal claims;

      4. it is a case of special circumstances such as compliance with court orders, requests/order, notices from legal authorities or law enforcement agencies compel us to make such disclosure;

      5. it is in connection with matters relating to the usage of the Platform by User to help detect and prevent identity theft, fraud and other potentially illegal acts; correlated or multiple accounts to prevent abuse of services on the Platform;

      6. it is to facilitate joint or co-branded services that the User requests, where such services are provided by more than one corporate entity other than the Company;

      7. it is required to do so by law or regulation; to its legal counsel, law enforcement officers, governmental authorities who have asserted their lawful authority to obtain the information or where the Company has in good faith reasonable grounds to believe that such disclosure is reasonably necessary to enforce its Terms of Use or this Privacy Policy;

      8. there is a merger with or transfer of business of the Company to another business entity, the Company shall transfer User’s Personal Information and such other information collected to the entity which acquires the business. In such cases, the Company shall require that the new business entity to follow this Privacy Policy with respect to the Personal Information; and

      9. it forms part of the information We share with advertisers on an aggregate basis.

    2. Provided further that Fitterfly shall ensure that the recipient of the User’s information maintains the same level of data protection that is adhered to by Fitterfly as provided for under this Privacy Policy.

  4. Information Security
    1. The information provided by the User is stored in access controlled facilities with restricted access. User Information transmitted over the internet is protected through the use of encryption.

    2. If a password is used to help protect User accounts and account information, it is the responsibility of the User to keep the password confidential. You have to ensure that You always log out, before sharing the device with a third party and it is advised that the User utilize a service to protect access to the User’s Device.

    3. We shall use generally accepted industry standards to protect the User information submitted to Us, both during transmission and upon receipt. However, please be advised that, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, even though We strive to use commercially acceptable means to protect User information, We cannot guarantee its absolute security and your use of the Platform is at your sole risk and discretion. We also cannot warrant that such User information may not be misused in the event our safeguards and protocols are breached by a malicious third-party. Further, We are not liable to nor can we fully control the actions of other users with whom you may choose to share your information.

    4. The collection, usage, and sharing of User information by us shall be in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and other applicable laws.

  5. Procedure For Removing User Name from the Records
    1. If and when a User is desirous of having his/her name and other details removed from our records, immediately upon receiving the User’s written request to that effect We shall, subject to the terms hereof, remove and/delete all such information. Provided however that We shall retain such Personal Information as may be necessary to comply with our legal obligations, resolve disputes, and enforce any of its agreements with third parties.

    2. If the User no longer wishes to receive notifications about our services, The User may change his/her notification preferences by contacting us at contact@fitterfly.in. We reserve the right to close the User account if the User opts out of receiving certain crucial notices that are required by Us to perform the services through the Platform.

    3. It is hereby clarified that the Company shall retain such information as collected for registration for a period of one hundred and eighty days after any cancellation or withdrawal of the User’s registration, as the case may be.

  6. Advertisements
    1. The Company contracts with third parties to serve advertisements on its behalf across the internet and the Platform. The advertisers may collect information about Your visits to our Platform, and Your interaction with our products and services.

    2. The advertisers may also use information about Your visits to the Platform and other websites to target advertisements for goods and services. This information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. Such third parties are not permitted to sell or share Your personally identifiable information as part of this process.

    3. Certain third-party vendors, advertising platforms, remarketing platforms, and customer query management platforms use cookies to serve advertisements based on the User's prior visits to our Platform.

  7. Procedure For Correcting Inaccuracies In User Information
    1. The User may correct or update any information online. In the event of loss of access details, the User may retrieve the same or receive new access details by sending an e-mail to: contact@fitterfly.in.

  8. Grievance Officer
    1. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of our Grievance Officer are provided below:

      NAME: Prashi Mohan
      ADDRESS: Fitterfly 503, Akshar Blue Chip Corporate Park Turbhe MIDC Navi Mumbai 400705
      TEL: 022 48971077
      EMAIL: prashi@fitterfly.com
    2. The Grievance Officer shall acknowledge the complaint within twenty four hours and dispose off such complaint within a period of fifteen days from the date of its receipt;

    3. The Company shall, within twenty-four hours from the receipt of a complaint made by a User, in relation to any content which is prima facie in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored, published or transmitted by it.

    4. The Company shall implement a mechanism for the receipt of complaints under clause 8 (c) which may enable the individual or person to provide details, as may be necessary, in relation to such content or communication link.

  9. Opt-out Provision
    1. The User shall, at any time while availing the services or otherwise, also have an option to withdraw its consent given earlier to the Company. Such withdrawal of the consent shall be sent in writing to the Company. In the case of User not providing or later on withdrawing his consent, the Company shall have the option not to provide goods or services for which the said information was sought.

  10. Notifications
    1. The Company shall periodically inform its Users, at least once every year, that in case of non-compliance with the Terms of Use or this Privacy Policy, it has the right to terminate the access or usage rights of the Users to the Platform immediately or remove non-compliant information or both, as the case may be.

    2. The Company shall periodically, and at least once in a year, inform the Users of its Terms of Use or this Privacy Policy or any change thereof, as the case may be.

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