Privacy Policy

Introduction

This website https://www.mitensaysfitness.com/ along with its pages, features and content (“Website”) and the mobile application named MitenSaysFitness along with any pages or tabs therein (“Application”) are owned and operated by Miten Says Fitness LLP (the “Firm/we/us/our”). The Firm respects your privacy and values the trust you place in us by providing personal information as required, and this Privacy Policy sets out the policies and practices in relation to the collection, use, disclosure and protection of the personal information of the Users of the Website/Application.

All capitalized terms and terms used in the Terms of Use which are also used herein below shall be ascribed the same meaning as set out in the Terms of Use, unless repugnant to the context herein or otherwise have been specifically defined herein.

Applicability of Privacy Policy

This Privacy Policy shall be applicable only to the use and disclosure of information on the Website and/or the Application or via email for use of Services (as defined in the Terms of Use). This Privacy Policy does not apply to information collected by or through any other medium, collected offline or by any other person and/or entity other than the Website/Application/email or any other website whose link might be present on the Website/Application for example, if you click on a link of another website displayed on the Website/Application/email, it may direct you to the other website in which case this Privacy Policy shall not be applicable. We also collect information through whatsapp messages, Instagram messages and Facebook posts and messages. This Privacy Policy shall be applicable to all such information collected and processed by us.

Meaning of Personal Information and Sensitive Personal Information

Personal information shall 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 us through the Website/Application or provided by you on email, is capable of identifying such person or when combined with other information can be used to identify such person. This includes your name, address, mobile or contact numbers, date of birth, gender, email address, location (by geo tracking devices), as well as the username and password created by you for use of the Website/Application.

“Sensitive personal information” is defined to mean such personal information which consists of information relating to passwords, financial information such as bank account or credit card or debit card or other payment instrument details, physical, physiological and mental health conditions, sexual orientation, medical records and history, biometric information, any detail relating to the above as provided to a body corporate for providing service; and any information received which falls under the abovementioned categories by a body corporate for processing, stored or processed under lawful contract or otherwise. 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 is not regarded as sensitive personal information

User Information

The Firm may collect several types of information about its Users. Some of this information may be given voluntarily by the User while availing certain Services (as defined in the Terms of Use); while some information may be collected automatically when the User is surfing the Website/Application.

Information you may provide voluntarily

It may be noted that the Firm may require you to voluntarily provide information about yourself in the following events:

(a) when you register and subscribe yourself with the Website/Application;

(b) when you fill out a form/ application to avail any of the Services (as defined in the Terms of Use) provided by the Firm;

(d) when you make a request or communicate with us via social media channels including Facebook and Instagram;

(e) when you subscribe to the newsletter and to receive other offers, promotions and details from the Firm;

(f) when you participate in blogs, chats, forums or write testimonials on the Website/Application or via email; and

(g) when you respond to comments or write any information or post on any of the Platforms.

In any of the aforesaid events, you may be required to provide the following information:

(a) your name;

(b) contact details including postal address, pin code, country, email address, phone number, residency status;

(d) personal details such as age, gender, date of birth, lifestyle habits, occupation, interests and hobbies, timezone, etc.;

(e) financial details for payment such as credit card details, debit card details, bank account details, UPI address, net-banking details;

(f) Weight;

(g) Height;

(h) Body fat (percentage);

(i) Sleep habits;

(j) Activity level;

(k) Chest, shoulders, arms, hips, legs calves;

(l) Waist;

(m) Dietary preferences;

(n) Goals for body;

(o) Meal preferences (such as allergies, choices, likes and dislikes);

(p) Workout experiences;

(q) Selection of location for exercise;

(r) availability of any workout equipment

(s) Injuries;

(t) Medical conditions (if any); and

(u) Workout preferences.

You may note that it is possible that we may collect personal information about you from sources other than yourself, such as from forums, blogs, instant messaging, comments and posts on social media accounts; referral program, other Users of our services and our business partners. However, any such information shall not be considered to be sensitive, if it is freely available in the public domain, or under (Indian) Right to Information Act, 2005 or under any other applicable law for the time being in force.

(the information collected from you and about you shall hereafter collectively be referred to as “User Personal Data”)

Information retrieved/collected automatically

The Firm may collect a variety of technical, navigational and other non-personal information about you such as your IP address, operating systems and software, types of devices used, types of browsers, usage patterns, geo-location of a browser, address of your server from where the Website/Application is being accessed, URLs visited prior to the use of the Website/Application or URLs visited after use or access to the Website/Application etc. when you visit the Website/Application, through the following:

(a) Cookies: The Website/Application may assign a ‘cookie’ to you, encrypting your information, which may be saved on your computer’s hard drive while you visit the Website/Application. This will help adjust and track your preferential information every time you visit the Website/Application thereafter. You may note that this Privacy Policy includes ‘cookies’ that are placed by the Website/Application and does not cover any ‘cookie’ that may be placed by any third party website. Your internet browser may allow you to not store any cookies on your computer or alternatively you may choose to delete the stored cookies from your computer; however you may note that, in such an event your navigation through the Website/Application or access to certain features/ services of the Website/Application may be restricted.

(b) Beacons/Bugs: A beacon is a picture file used to keep track of your navigation through a single website or a series of websites. The Firm may use such web beacons to study and analyze the usage of the Website/Application.

(c) Usage Details: The Website/Application may also collect details regarding your visits to and navigation through the Website/Application such as your location data, IP address, operating system, browser type, geo-locations other resources that you access etc.

Eligibility for providing User Personal Data

You are eligible to register or subscribe and avail the Services (as defined in the Terms of Use) provided on the Website/Application only if you are an Eligible Person (as defined in the Terms of Use).

In case the Services offered by the Firm on the Website/Application are for and on behalf of a minor or a child or any person who is not an Eligible Person, the Website and/or the Application must be accessed by only the parents/ legal guardians who have to be competent to contract and act on behalf of such minor or child or person who is not an Eligible Person. Such parents/ legal guardians will be responsible adhering to the Terms of Use and this Privacy Policy and for the actions of the minor, child or a person not being an Eligible Person, on whose behalf he/she accesses the Website/Application without any liability whatsoever on the Firm.

Consent given by User and Option to withdraw Consent

You hereby expressly grant your consent to the Firm through the Website/App to collect, possess, receive, upload, store, deal with, handle and/or use, share, disclose and transfer the User Personal Data in relation to you and such lawful purposes as contained in this Privacy Policy. Further, you also hereby grant your consent to enable the Website/Application and/or its independent service providers to collect non-personal data by placing cookies, etc. Once the User Personal Data is collected, the Firm shall have the right to use the same for the purposes for which the same were collected.

Prior to collection of the User Personal Data, the Website/Application we may give you an option to withhold the data/ information sought. However, by providing your information and selecting on the fact that you “agree” with the terms and conditions and the privacy policy, you hereby provide your explicit consent to providing the User Personal Data. Further, you may withdraw the consent given to the Firm on the Website/Application, by communicating to the Firm in writing at the email id: [email protected]. However, such withholding of information or withdrawal of consent may result in the Firm being unable to provide Services and facilities and the Firm reserves its right to take appropriate action with respect to any obligations or in relation to any contract under which such personal information (including sensitive information was sought. It being clarified that such withdrawal of consent shall not affect the permission granted prior to such withdrawal and hence the Firm shall not be liable for sharing User Personal Data (as stated herein) in any manner whatsoever.

Purposes for collection and usage of User Personal Data

User Personal Data and non-personal information collected by us, will be used by the Firm in handling general enquiries concerning its Services, in providing better User interface, making your visit to the Website/Application more user-friendly and without limiting the foregoing, for the following purposes:

(a) Registering of your account with the Website/Application;

(b) enabling the access of the Website/Application and use of the Services available to Users;

(c) addressing questions, doubts, queries raised, clarifications and information sought and for addressing technical issues which arise on the Website/ Application;

(d) designing or identifying services, data, information or related products for Users;

(e) marketing (including direct marketing) of Services, send information, materials and offers from the Firm;

(f) meeting the requirements to make disclosure under any law binding on the Website/Application, the Firm, its partners, associates or employees, under and for the purposes of complying with any directions or guidelines issued by regulatory or other authorities with which the Website/Application or the Firm or any associated entity is expected to comply;

(g) in connection with any exchange of information and verification and authentication of the information that may be provided by the User, to evaluate the eligibility of the User or minor (as the case may be) for certain types of offers, products and services that may be of interest to you and analyse advertising effectiveness.

(h) in connection with any system or facility for payment by electronic means or via other communication media in which the Website/Application participates;

(i) to send you alerts, notices, letters, newsletters, offers, response to request and other customer support queries and/or any other communication which may be relevant and vital to the usage of the Website/Application by you including through text messages, social media posts and messages, phone calls or whatsapp messages/broadcasts;

(j) to enable the Firm as well as third parties to provide itself or procure from third parties customised information, services, offers and advertisements etc;

(k) to third party contractors that provide services to the Firm or the Website/Application;

(l) to internally analyse the performance of the Website/ Application, Firm’s internal technical systems and data;

(m) to gather demographic data to research, analyse and understand trends and behavioural patterns, to measure and understand the effectiveness of any of the aspects of the services of the Website/Application, to trouble any problems, track your movement, gather broad demographic information for aggregate use and to comply with the applicable law;

(n) to track your fitness routine, nutritional intake, weight, progress and other update in terms of the Services availed by you;

(o) to alert you about potential software compatibility issues and/or for improvement of the Website/Application;

(p) to post testimonials, videos, photographs and other content provided by you which shall be User Provided Content (as defined in the Terms of Use);

(q) to monitor and administer daily operations and functions of the Website/Application;

(r) to enforce the “Terms of Use” of this Website/Application;

(s) for all other purposes as may be disclosed when you provide personally identifiable information/sensitive personal data or the User Personal Data; and

(t) all other incidental and associated purposes relating to the above and any other purpose which a User may from time to time agree.

Disclosure of User Personal Data

The Firm may disclose/ transfer (whether within or outside India) and/or exchange your User Personal Data and/or your non-personal data collected to and/ or with all such persons and/or entities, as may be required for the aforesaid lawful purposes, including but not limited to:

(a) any of its partners, associates or employees, or any of its affiliates;

(b) any agent, contractor or third-party service provider who provides administrative, advertising and marketing agencies, telecommunications, computer, financial intermediary, payment or securities clearing or other services to the Firm in connection with the Website/Application/emails or the operation of the Firm’s business and services through the Website/Applications;

(c) Any third party service provider for offers, promotions, merchandise, discounts or for marketing of such third party products on the Website or the Application;

(d) any other person under a duty of confidentiality, including any member which has undertaken to keep such information confidential;

(e) to other Users when you share personal information (for example, by posting comments, contributions or other content to the Services) or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly made available outside the Services in perpetuity. If you interact with other users of the Website/Mobile Application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, posting comments, posting reviews;

(f) When you post comments, contributions or other content to the Website/Mobile Application, your posts may be viewed by all Users and may be publicly distributed outside the Website/Mobile Application in perpetuity. The User Personal Data when posted by way of testimonials and other content on Platforms shall be viewed by all other users and shall also be accordingly disclosed to the Platforms;

(g) any other Users or viewers of the Platform as a part of discussions and forums for support groups on such Platforms;

(h) any actual or proposed assignee of the Firm or participant or sub-participant or transferee of the Firm’s rights in respect of the User Personal Data;

(i) to any third-party when you choose to avail certain services/ facilities offered on the Website/Application. In such an event, the Firm does not take any responsibility for any misuse or unwarranted disclosure of such information that may be made to such third-party;

(j) any person to whom the Firm is under an obligation to make disclosure under and for the purposes of any guidelines issued by regulatory or other authorities;

(k) as may be required by law or court order or administrative/ government agency or in a situation of national emergency or when the Firm believes that an information disclosure is required to protect the Firm’s rights or those of the Firm’s/ Website’s/Application’s Users or any other aspect of the Website/Application and to comply with the legal process without any restrictions;

(l) in any event where the Firm has reason to believe that you are in violation of any applicable law, rule or regulation, or interfering with the rights of any other person;

(m) to any potential investor or purchaser of any interest in the Firm or Website/Application or any associated entity or in its business in connection with any potential re-organisation, merger or disposal; and

(n) any lawyer or other professionals for the preparation of any document or professional advice regarding the above.

The Firm will endeavour to ensure that the third party receiving any User Personal Data does not disclose it further and shall observe the same level of data protection as is ensured by the Firm in respect of the Website/Application and in consonance with this Privacy Policy.

Notwithstanding anything contained elsewhere, any User Personal Data may be disclosed by the Firm to any third party by an order/ direction under the law for the time being in force, without any consent or other obligation. For instance, User Personal Data may be released to an officer making the request if he provides a warrant or a court order requiring such disclosure. Where a government agency makes a request to obtain information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences, the Firm may share the User Personal Data without obtaining any prior consent of the User. You are informed that the Firm’s third party service providers may utilise information relating to your usage of the Website/ Application in order to provide customised services, offers and advertisements to you.

Retention of Information

We will retain the User Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. In addition, we will retain and use the User Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain certain data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Accuracy of and Access to Personal Information

The Firm will not be responsible for the accuracy or authenticity of User Personal Data that is provided by you. It is the responsibility of the User to notify the Firm through the Website/Application of any changes to their User Personal Data. To attain this end, the User may request the Website/Application for reasonable access to, and correction of, their User Personal Data collected by the Website/Application by emailing their request/clarification at [email protected]. The Firm makes good efforts to provide its Users with reasonable access to their respective User Personal Data and shall ensure that any User Personal Data found to be inaccurate and brought to the notice of the Firm by the User is rectified or amended as feasible. The Firm may however before processing such requests, ask the User to identify themselves and the information /data requested to be modified by them in order to avoid repetitive and/or illegitimate requests. The Firm shall not be responsible for any delay in updating such information.

The User may also request the Firm by writing to us on our email above to delete all User Personal Data and delete the account. It is clarified that, after the deletion of the User Personal Data/User account, the Firm shall maintain records of the same for a period 90 (ninety) days thereafter in a separate restricted and confidential back up after which the same shall be deleted therefrom. It is clarified that even though the Firm may maintain records of deleted data for 90 (ninety) days, once the User Personal Data/ User account of a particular User has been deleted upon his/her request, the same shall not be retrievable by the User in any manner whatsoever and at any time thereafter

The Firm may, however, withhold or may not be able to provide information to you for valid reasons including if it:

(a) contains references to another User(s);

(b) is subject to legal/ contractual privilege or cannot be disclosed for other legal reasons;

(d) was created in the course of a dispute resolution/litigation process;

(e) could threaten the life or security of another individual/ entity;

(f) was disclosed under a court order or was disclosed to a government institution as part of an investigation.

Links to Third Party websites

The Website/Application may display or contain links of third party and applications of interest, including advertisements and external services, that are not affiliated with us. You may note that such links to third party websites are not an endorsement of such third parties, their websites and/or their products/services by us. Once you have used these links to leave the Website/Mobile Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. We do not take any responsibility for their privacy policy, terms of use, content, services and products. They may place independent cookies on your computer or independently contact you, for which the Firm or Website/Application shall not be held responsible or liable in any manner whatsoever. We encourage you to read individual terms of use and privacy policy or such similar terms, as the case maybe, of each of these websites before using them and/or disclosing your personal information.

Publication

The uploading, dealing, handling and/ or using of any personal information for any lawful purpose by the Website/Application, including for the purposes and in the manner outlined above shall not constitute ‘publication’ in any manner.

Reasonable Security Practices & Procedures

The Firm takes appropriate security measures to protect against unauthorized use, access, alteration and destruction of data; however we do not guarantee that the information provided by you to the Website/Application shall not be intercepted while being transferred over the internet.. The Website/Application is also in compliance with security measures required and follows the best industry practices.

You are responsible for maintaining the confidentiality of your login ID and password and shall not reveal the same to any third party. In the event you believe that your User information has been stolen or compromised, you must contact us immediately at [email protected]. We shall endeavour to block your account or provide restricted access upon being informed of such an event in order to protect your identity and information. However, we shall not be responsible for any unauthorized use/access to your account or disclosure of any User Personal Data by virtue of such an event.

Operation of this Website/Application and Servers for storage

This Website/Application may be operated from India as well as outside India. In the event you are located in any place other than in India, you shall ensure that you comply with the applicable laws in India as well as the local laws or regulations of the territory from which you access the Website/Application or the facilities and services provided by the Website/Application. The servers of the Website for storage of data are located in WS (Amazon) and replicated across Australia and Oregon (USA).

Amendments/Changes to Privacy Policy

This Privacy Policy may be revised from time to time at the sole discretion of the Firm without any advance intimation to you. The Firm shall send you and email or a Website on in Application notification, intimating you of the change in the Privacy Policy. Your continued use of the Website/Application following such revision or modification shall constitute your acceptance of the revised Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices and keep yourself informed about the updated Privacy Policies.

Complaints

In the event the you have any grievance with respect to (i) any Service or facility that is provided on the Website/Application; and (ii) any other activity that may take place on the Website/Application or via e-mail, or if you have any questions, comments, concerns or feedback regarding this Privacy Policy and/or this Website/Application, you may bring the same to the notice of our Grievance Officer, whose details are given below and/or lodge a complaint with us. We shall ensure that we take all the necessary steps to address your questions, comments, concerns to the best of our abilities.

Name: Kalpana Kakaiya

Address: B-603, 6th Floor, Venus Tower, Azad Nagar, Veera Desai Road, Andheri West, Mumbai 400053

Email address: [email protected]