A. INTRODUCTION
- [Odds by Asad] on behalf of itself and its affiliates / group companies (hereinafter referred to as “Odds”, “Us” or “We” or “Our”), is the author and publisher of the website – https://oddsfitness.com/, and the mobile application titled as – [●] (together the “Site”). Odds owns and operates the Site and the services provided through the Site.
- This privacy policy (“Privacy Policy”) constitutes a legal binding agreement between its users (“You” or “Your” or “User”) and Us. Capitalised terms used but not defined herein, shall have the meaning assigned to such terms in the terms and conditions available at – [●] (“Terms”).
- We have adopted this Privacy Policy to set out the manner in which We handle the Information provided by You for the purposes in relation to Your use of the Site.
- This Privacy Policy also specifies the manner in which Your Information is collected, received, stored, processed, disclosed, transferred, dealt with and handled by Us in relation to Your use of the Site. We reserve the right, in Our sole discretion, to terminate the access to the Site and / or other mediums at any time, without notice to You, for general maintenance or for any reason whatsoever.
- You are hereby advised to read this Privacy Policy carefully and fully understand the nature and purpose of gathering and / or collecting Your Information and other data or information and the usage, disclosure and sharing of such information. This Privacy Policy does not cover information you may choose to share with other users of the Site. This Privacy Policy applies to all Your personal data and Information with Us, whether in physical or electronic mode. This Privacy Policy is meant to help You understand what information We collect, why We collect it, and how You can update, manage, and delete Your Information and shall be read together with the Terms. Use of Our Site and services is governed by the Terms.
- We may update this Privacy Policy to reflect changes to Our practices. We encourage You to periodically review this page for the latest information on Our privacy practices. We are not obliged to inform You specifically of any such updates, whether material or otherwise and it shall be Your responsibility to keep yourself updated on any changes to this Privacy Policy. The changes to the Privacy Policy will be effective immediately upon being posted on the Site, and Your continued use of the Site after the changes are effective will constitute Your acknowledgement and acceptance of terms of the revised Privacy Policy.
- Your use of the Site, Our services or otherwise giving Your information, constitutes consent to the terms contained in this Privacy Policy and You will be deemed to have read, understood and agreed to the practices and policies in this Privacy Policy. If you do not agree with the terms in this Privacy Policy, we request that You should exit the Site immediately and discontinue the use of Our services. By voluntarily providing Us with Your information, You are consenting to Our use, transfer, collection, storing, processing, handling, disclosing, deletion of it in accordance with applicable laws and this Privacy Policy.
- By accessing or using Our Site, You give Your express consent for collection, usage, storage, deletion, processing, handling, disclosing, transferring, and sharing Your Information with Us and with third parties or service providers for the purposes set out in this Privacy Policy. We may use such Information You provide (including any changes thereto as provided by You) for any of the products or services that We offer and for Our internal records and other purposes as mentioned in the Privacy Policy.
- If You reside outside India Your Information will be collected, used, stored, deleted, processed, handled, disclosed, transferred, and shared in accordance with the applicable laws of India.
- This Privacy Policy constitutes an electronic record in accordance with the provisions of the Information Technology Act, 2000.
B.DEFINITIONS
- “Personal Information” shall have the meaning ascribed to it under Section 2(i) of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information Rules), 2011.
- “Sensitive Personal Information” shall have the meaning ascribed to it under Section 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information Rules), 2011.
- “Information” shall mean collectively, Your Personal Information and Sensitive Personal Information or data or any other information collected from You.
C. APPLICABILITY
- This Privacy Policy describes Our policies and procedures on the collection, use, storage and disclosure of any information including, business or personal information provided by You while using Our Site. This Privacy Policy specifically governs the collection and use of Your Information provided by You and the processing of Information provided by You while using the Site.
- During the course of Your association with Us, You may be required to execute certain other agreements and such agreements and this Privacy Policy shall, together with the Terms unless explicitly specified to the contrary, govern Your relationship with Us.
D. INFORMATION WE COLLECT
- Information That You Provide: We collect personally identifiable information about You which You affirmatively choose to submit to Us, including Your Personal Information and Your Sensitive Personal Information. When You engage in certain activities on the Site such as creating an account, using Our services for personal training, guardianship programme, mentorship, group / individual classes requesting information about Our services, booking consultation, participating in events organized by Us, We may ask You to provide certain information about yourself. Engaging in these activities is optional and if You engage in the aforementioned activities, We may ask You to provide certain Personal Information including first and last name, email address, pin-code, address, telephone or mobile number, date of birth, age, identity number, photograph etc. We may also collect Information related to 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, 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.
- From time to time we may automatically collect certain information that may be considered Personal Information or Sensitive Personal Information as the case may be, such as the IP address of Your computer or network connection, Your location, information about Your internet connection and mobile device, cookie information, web beacon information and details of the web pages You visit, about Your preferences and settings such as time zone and language, Your searches and the results You selected from the searches etc. We may also collect information from You during phone calls, or via e-mail correspondences with Our representative. We may also collect any content that You create or upload when using Our services. This may include, but is not limited to, data like pictures, Your Information (or other personal documents that You choose to upload), calendar reminders, and services requests. We may also collect details about Your 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, to discharge our duties / services or to provide certain benefits.
- Payment Processing Information: We may collect information related to the manner and mode of payments usually adopted by You on the Site, including details of Your bank account, and details of other e-wallet accounts or any other payment information.
- Usage Information: We may collect other information such as the time and date of Your visit, Your location, the pages and other content that You access, and the number of times You return to the website. This information is used in the aggregate for Our internal marketing and similar purposes. We may also integrate with the website technology provided by third parties (e.g., Google Analytics) to accomplish this information collection. In addition, We may use a variety of other technologies that collect similar information for security and fraud detection purposes.
- Partner Information: We partner with certain third-party [trainers] to offer You some services, and We may receive certain information directly from those third parties. We will not collect Sensitive Personal Information from You unless the collection of such information or data is considered necessary for the purpose for which it is being collected.
E. HOW WE USE YOUR INFORMATION
- We use the information that We collect to provide You with Our services and to coordinate your requests for related third-party services. We use Your Information as necessary to facilitate communication between You and Us regarding the services, as well as to improve Our Site and to learn about how it is used and accessed. We may use Your Information to contact You in the future to tell You about new services, promotions, opportunities, and other general information about Us that we believe will be of interest to You. We may also use information that We collect to analyze user behaviour as a measure of interest in and use of the Site and may disclose such analyses to advertisers or other third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
- As necessary to provide the services, We share pertinent Personal Information with select affiliates and partners for the purposes of customer support, account management, and similar work. We do not sell, trade, share, or rent your Personal Information provided by You to Us through our Site, to third parties who provide no affiliated services or support.
- We may disclose Information or other information about You to third parties if we have a good-faith belief that We are required to do so by law or legal process, either to respond to legal claims, or to protect Our rights, property, or safety, or the rights, property, or safety of others. We may disclose Information or any other information about You to a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or disposition of all or a portion of Our assets or prior to such event in the case of any diligence requirement. The successor organization’s use and disclosure of Your Personal Information and Sensitive Personal Information will continue to be subject to this Privacy Policy unless: (i) a court orders otherwise; or (ii) the successor organization gives You notice that Your Personal Information and Sensitive Personal Information will be subject to the successor organization’s own policy, along with an opportunity for You to opt-out (which may cause You not to be able to continue to use the website). If You submit Personal Information after such a transfer, that information may be subject to the successor entity’s policy.
- Your Information will be collected, used, stored, deleted, processed, handled, disclosed, transferred, and shared in accordance with the applicable laws of India and subject to the terms in this Privacy Policy.
- We will ask You when We need more information that personally identifies You or allows Us to contact You. We will not differentiate between who is using the device to access the Site, so long as the log in / access credentials match with Yours. In order to make the best use of the Site and enable Your Information to be captured accurately on the Site, it is essential that You have logged in using Your own credentials. We will, at all times, provide the option to You to not provide the Information which We seek from You. Further, You shall, at any time while using the Site, also have an option to withdraw Your consent given earlier to Us to use such Information. Such withdrawal of the consent is required to be sent in writing to Us at the contact details provided in this Privacy Policy below. In such event, however, We reserve the right not to allow further usage of the Site or discontinue to provide any services / products thereunder to You.
F. UPDATING YOUR INFORMATION
We will provide You with the means to ensure that Your Information is correct and current. If You have filled out a user profile, We will provide a way for You to access, review and change Your profile / account Information on Our Site with reasonable restrictions. We are not responsible for the authenticity of the Information provided by You and it is Your sole responsibility to provide accurate and correct information to Us.
G. STORAGE AND SECURITY
- Currently, We plan to retain user data while an account is active and for a reasonable period thereafter. We may alter this practice according to legal and business requirements. For example, We may lengthen the retention period for some data if needed to comply with any applicable law or voluntary codes of conduct. Unless otherwise prohibited in law, We may shorten the retention period for some types of data if needed to free up storage space.
- We adopt reasonable security measures to protect Your Information in a manner that is compliant with applicable laws. The security of Your Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect Your Information, we cannot guarantee its absolute security.
H. CONFIDENTIALITY
- We are concerned about safeguarding the confidentiality of Your Information. We provide physical, electronic, and procedural safeguards to protect Information We process and maintain. For example, We limit access to this Information to authorized employees only who need to know that Information in order to operate, develop or improve Our Site. Please be aware that, although We endeavor to provide reasonable security for information We process and maintain, no security system can prevent all potential security breaches.
- We do not accept responsibility or liability for the confidentiality, security or integrity of Your Information in connection with its transmission over the Internet.
I. SOCIAL FEATURES OF OUR WEBSITE
When You use certain features on Our Site like the discussion forums and You post or share Your personal information such as comments, messages, files, photos, will be available to all users, and will be in the public domain. All such sharing of information is done at Your own risk. Please keep in mind that if You disclose personal information in Your profile or when posting on Our forums this information may become publicly available.
J. GOVERNING LAW AND DISPUTE RESOLUTION
Any claims arising out of the use of the information from this Site shall be governed by the laws of India and only the Courts in New Delhi, shall have the exclusive jurisdiction over the same. By accessing this Site, the User accepts this Privacy Policy.
K. LOG FILES
When You access Our Site, Our servers automatically record information that Your browser sends whenever You visit a website. These server logs may include information such as Your web request, internet protocol address, browser type, browser language, the date and time of Your request and one or more cookies that may uniquely identify Your browser.
L. COOKIES AND WEB BEACONS
- Cookies are small text files that are placed on Your computer by websites that You visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information about Your actions to the owners of the website. We send cookies (small files containing a string of characters) to Your computer, thereby uniquely identifying Your browser. Cookies are used to track Your preferences, help You login faster, and aggregated to determine user trends. This data is used to improve Our offerings, such as providing more content in areas of greater interest to a majority of users. Most browsers are initially set up to accept cookies, but You can reset Your browser to refuse all cookies or to indicate when a cookie is being sent. Some of Our features and services may not function properly if Your cookies are disabled.
- Web Beacons – On certain web pages or e-mails, We may utilize a common internet technology called a ‘Web beacon’. Web beacons help analyze the effectiveness of Web sites by measuring, for example, the number of visitors to a site or how many visitors clicked on key elements of a site.
- Web beacons, cookies and other tracking technologies do not automatically obtain personally identifiable information about You. Only if You voluntarily submit personally identifiable information, such as by registering or sending e-mails, can these automatic tracking technologies be used to provide further information about Your use of the Site and/or interactive e-mails to improve their usefulness to You.
M. ADVERTISING PARTNERS
We use third-party advertising companies to serve ads when You visit Our Site. These companies may use information (not including your name, address, email address, or telephone number) about Your visits to this and other websites in order to provide advertisements about goods and services of interest to You.
N. THIRD-PARTY PRIVACY POLICIES
We may present links in a format that enables Us to keep track of whether these links have been followed. We use this information to improve Our customized content. Clicking on links may take You to sites outside Our domain. We are not responsible for the privacy practices of other websites / applications. We encourage Our users to be aware when they leave Our site to read the privacy statements of each and every website / application that collects personally identifiable information. This Privacy Policy applies solely to Information collected by Our Site.
O. GRIEVANCE OFFICER
For any further queries and complaints related to privacy, or exercising Your rights, You could reach Us at:
Name of the Grievance Officer: [●]
Contact Email Address: [●]
P. MISCELLANEOUS
- Any violation by You of the terms of this Privacy Policy may result in immediate suspension or termination of Your account(s) apart from any legal remedy that We can avail. In such instances, We may also disclose Your account information if required by any governmental or legal authority. You understand that the violation of this Privacy Policy could also result in civil or criminal liability under applicable laws.
- We have the right to change modify, suspend, or discontinue and / or eliminate any aspects, features or functionality of the Site or the services or products as it deems fit at any time without prior notice.
- Further, We have the right to amend this Privacy Policy from time to time without prior notice. We make no commitment, express or implied, to maintain or continue any aspect of the Site. You agree We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site.
- Notice: All notices served by Us shall be provided via email to Your account or as a general notification on the Site. Any notice to be provided to Us should be sent to – [].
- Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Site from time to time, constitute the entire agreement between Odds and You with respect to Your access to or use of the Site and the services thereof.
- Assignment: You cannot assign or otherwise transfer Your obligations under the Privacy Policy, or any right granted hereunder to any third party. Our rights under the Privacy Policy are freely transferable by Us to any third parties without the requirement of seeking Your consent.
- Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Privacy Policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of this Privacy Policy shall continue in full force and effect.
- Waiver: Any failure by Us to enforce or exercise any provision of the Privacy Policy, or any related right, shall not constitute a waiver by Us of that provision or right.
- Relationship: You acknowledge that Your participation on the Site, does not make You an employee or agency or partnership or joint venture or franchise of Odds.
- We provide this Privacy Policy so that You are aware of the terms that apply to Your use of the Site and the services and products. You acknowledge that, We have given You a reasonable opportunity to review these terms of the Privacy Policy and that You have agreed to them.