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Privacy Policy – Smit

AGSC Technologies Private Limited, having its registered office at 91 Springboard Business Hub Private Limited 74/II, “C” Cross Road, Opp Gate No 2, Seepz, Andheri East, Mumbai, Maharashtra 400093. (“Company” or “we” or “us”), is the owner of the website domain at www.smit.fit and mobile application “Smit Fit” available at Google Play Store/iOS (collectively referred as “Platform”); and any service availed by users (hereinafter referred to as “you”, “your” or “user”) through the Platform is conditioned upon your acceptance of the terms and conditions contained in Terms of Use as available on Platform and this privacy policy (“Privacy Policy”).

THIS PRIVACY POLICY HAS BEEN DRAFTED AND PUBLISHED IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY ACT 2000; THE INFORMATION TECHNOLOGY (AMENDMENT) ACT 2008; AND THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011. THIS PRIVACY POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, AS A USER OF THE PLATFORM AND US, AS THE OWNER OF THE PLATFORM. YOU MUST BE A NATURAL PERSON WHO IS AT LEAST 18 YEARS OF AGE.

1. Introduction and applicability of the Privacy Policy
We are strongly committed to respecting your online privacy and recognize the need for appropriate protection and management of any personal information collected and/or collated by us.

The purpose of this Privacy Policy is to ensure that there is an intact charter to collect, use and protect any personal and/or sensitive data collected by us. This Policy defines our procedure for collection, usage, processing, disclosure and protection of any information obtained by us through the Platform.

2. Disclaimer
Please be advised that any Information (as defined herein below) procured by us, shall be:

processed fairly and lawfully for rendering the Services;
obtained only for specified and lawful purposes, and not be used in any manner which is against the law or policy in force in India (“Applicable Law”);
adequate, relevant and not excessive in relation to the purpose for which it is required;
able to be reviewed by the user, from time to time and updated-if need arises; and
not kept longer than for the time which it is required or the purpose for which it is required or as required by the applicable law.
WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY REASON OF ANY DISCLOSURE (INADVERTENT OR OTHERWISE) OF ANY DATA, IF THE SAME IS EITHER (A) REQUIRED FOR SHARING YOUR INFORMATION FOR LEGITIMATE PURPOSES; OR (B) WAS AFFECTED THROUGH NO FAULT, ACT, OR OMISSION OF THE COMPANY.

BY USING THE SERVICES, YOU EXPLICITLY ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE COLLECTION, USE AND TRANSFER OF THE DATA IN THE MANNER DESCRIBED HEREIN.

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT AFFECTS YOUR RIGHTS AND LIABILITIES UNDER LAW.

3. Your consent
Please note that by providing the Information (as enumerated upon herein below), you provide your consent and authorize us to collect, use or disclose such Information for the business and research purposes and as stated in this Privacy Policy, the Terms of Use and as permitted or required by applicable law. Moreover, you understand and hereby consent that this Information may be transferred to any third party user for the purpose of providing services through the Platform or to any third-party providers for rendering Services (as defined in the Terms of Service), any jointly developed or marketed services, payment processing, order fulfilment, customer services, data analysis, information technology services and such other services which enable us to provide Services through the Platform.

This Privacy Policy shall be enforceable against you in the same manner as any other written agreement. By visiting or accessing the Platform and voluntarily providing us with Information (including Personal Data and Personal Health Information), you are consenting to our use of Information, in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you may refuse or withdraw your consent any time, or alternatively choose to not provide us with any Personal Information. Under such circumstance, we may be unable to render Services.

Such an intimation to withdraw your consent can be send to customersupport@smit.fit .

4. Types of information collected by us:
“Personal Data” means and includes any Information that relates to a natural person through which an individual is identified, such as the name, contact details, email address, gender, age or any other relevant material provided by a User, including but not limited to information gathered through availing Services, communications with the Health Navigator (as defined in the Terms of Use). It shall also cover information of User’s care person details (name, age, gender, mobile number, relationship with the User).

“Personal Health Information” means and includes any information that relates to demographic information, medical histories, test and laboratory results, mental health conditions, insurance information, and other data that Company directly/indirectly may collect to identify an individual and determine appropriate care, including but not limited to weight, height, body mass index (BMI), activity level, body measurements, body fat, body protein, exercise preference, behavioural pattern, lifestyle preference, which it may collect directly through Platform or through any application, which User grants access to Company.

“Technical Information” means and includes any Information gathered through various technologies that may employ cookies, web beacons, or similar technologies to automatically record certain information from your device through which you use the Platform. This technical information may include your Internet Protocol (IP) address, device or browser type, Internet service provider (ISP), referring or exit pages, clickstream data, operating system. This data includes usage information and user statistics.

“Locational Information” shall mean and include the information obtained through GPS or other means, such as the geographical location of the user.

“Financial Information” means and includes card details, bank details in order to expedite future transactions. However, unless you opt-in to enable the Platform to record such information, we will not store any of the financial information you provide as part of any transaction.

“Non-Personal Information”
“Information through use of our service” means and includes information which is shared with us to avail our Services including but not limited to chats with health navigators, Company’s representatives etc.

“Non-Personal Information” means and includes any information that does not reveal your specific identity, such as, browser information, information collected through Cookies (as defined below), pixel tags and other technologies, demographic information, etc. As is true with most websites, our Company gathers some information automatically when you visit the Platform. When you use the Platform, we may collect certain information about your computer or mobile to facilitate, evaluate and verify your use of the Platform. For example, we may store environmental variables, such as browser type, operating system, speed of the central processing unit (CPU), referring or exit web pages, click patterns and the internet protocol (IP) address of your computer. This information is generally collected in aggregate form, without identifying any user individually.

(The Personal Data, Personal Health Information, Technical Information, Financial Information, Locational Information and Non-Personal Information are collectively referred to as “Information”; Personal Data, Personal Health Information and Financial Information shall be collectively referred as “Personal Information”)

5. Purpose of Collection and Usage of this Information:
The data collected by us shall be used for availing our Platform and utilised for other functions including but not limited to:

to render Services (as defined in the Terms of Use);
maintaining the Platform;
to evaluate the quality and competence of our personnel and consulting medical institutions and medical professionals;
to resolve any complaints, you may have and ensure that you receive the highest quality services;
notifying you about changes to our Platform;
allowing you to participate in interactive features of our Platform when You choose to do so;
providing analysis or valuable information so that we can improve the Platform;
monitoring the usage of the Platform;
detecting, preventing and addressing technical issues;
Business or Research Purposes: The Information saved and except Personal Information, is used for business or research purposes, including improving and customizing the Platform for ease of use and the products and services offered by us. We may archive this information to use it for future communications for providing updates and/or surveys.

Aggregating Information / Anonymized data: We may aggregate Information and analyse it in a manner to further accentuate the level of services that we offer to our customers. This Information includes average number of users of the Platform, the average clicks of the services/, the features used, the response rate, etc. and other such statistics regarding groups or individuals. In doing so, we shall not be making disclosures of any Personal Information as defined above.

6. Disclosure and Sharing of Information:
We do not rent, sell or disclose or share any Information that we collect from you, with third parties, save and except in order to provide you with the Services in accordance with the Privacy Policy and as per the procedure prescribed by law and in compliance with our legal obligations. We may share your Information in circumstances and for the purposes as specified hereunder:

We shall share the information to the third-party service providers/ Health Navigators (as defined in the TOS), to provide you with the Services.

When compelled by law: We may disclose any Information provided by you on the Platform as may be deemed to be necessary or appropriate:

under applicable law, including laws outside your country of residence;
to comply with legal process;
to respond to requests from public and government authorities including public and government authorities including
public and government authorities outside your country of residence;
to protect our operations or those of any of our affiliates;
to protect our rights, privacy, safety or property, and/that of our affiliates, you or others;
to allow us to pursue available remedies or limit the damages that we may sustain; or
to protect against legal liability;
to protect the personal safety of users of the Platform;
to prevent or investigate possible wrongdoing in connection with the Platform.
Merger or Acquisition: We may share Information upon merger or acquisition of Company with another company. We shall transmit and transfer the Information upon acquisition or merger of Company with another company; or

With our service providers: We may share Information with other service providers on a need to know basis, subject to obligations of confidentiality for provision of Services. We hereby clarify that Company works with vendors, partners, advertisers, and other service providers, including (but not limited) to those who provide products or services such as contact Information verification, website hosting, data analysis, providing infrastructure, information technology services, auditing services and other similar services, in different industries and categories of business by virtue of lawful contracts instituted between such third parties and Company to improve our product and services. Accordingly, we may share your Information with such service provider in order to provide you with Our Services; or

Employees /Agents of Company: We follow a strict confidentiality policy with regard to disclosure of confidential information to our employees or other personnel. There may be situations, where we may disclose the confidential information only to those of our employees and other personnel on a need to know basis. Any breach of confidential information by the employees, personnel within the Company is dealt with stringently by us.

Except for the Information disclosed pursuant to sub-clause (a), (b), (c), (d) and (e) of Clause 6.1 above, Company may share Information, if you authorize us to do so.

7. Transfer of Information:
Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
If you are located outside India and choose to provide information to us, please note that we may transfer the data to India or any country where we process the Information.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your data will take place to an organization or a country unless there are adequate controls in place including the security of your data.

8. Your Rights:
You retain several rights in relation to your Personal Information as provided under applicable law. These may include the rights to:
access, confirm, and review Personal Information you may have provided;
correct Personal Information that may be inaccurate or irrelevant;
deletion and erasure of your Personal Information from the publicly available pages of the Platform;
receive Personal Information we hold about you in a portable format;
object to or restrict any form of processing you may not be comfortable with;

In order to exercise these rights, please contact us on the email address provided in Clause 3.3 above.

9. Applications used:
You may be availing our services for using third party mobile applications, which are not operated by us. We strongly advise you to review the privacy policy of every mobile application which you may use.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party mobile applications or services.

10. Children's Privacy:
If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

11. Control the collection or use of the Information:
If you have any reservations, constraints or apprehensions regarding the access to, collection, storage, or any other use of the Information which you have provided to us, you may withdraw your consent in the manner as set out in Clause 3.3 above.

12. Retention of Information:
All Information provided by you, save and except upon withdrawal or termination, shall be retained in locations outside the direct control of Company (for instance, on servers or databases co-locates with hosting providers). We will delete Information based on a request received from you within a reasonable period and latest within 90 (ninety) days of receiving a deletion request. However, we may retain such portion of Information and for such periods as may be required under applicable law. Notwithstanding anything contained herein, Company may retain data after account deletion for reasons including but limited to the following purposes: If there is an unresolved issue relating to your account, or an unresolved claim or dispute; If we are required to by applicable law; and/or in aggregated and/or anonymized form; or Company may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing Users' safety and security.

13. Cookies and other Tracking Technologies:
Our Platform may utilize “cookies” and other Technical Information. “Cookies” are a small text file consisting of alphanumeric numbers used to collect the Information about Platform activity. The Technical Information helps us analyse web traffic and helps you by customizing the Platform to your preferences. A Cookie in no way gives us access to your computer or mobile device. In relation to Cookies, you can deny access to the installation of the Cookies by modifying the settings on your web browser, however, this may prevent you from taking full advantage of the Platform.
Our use of Cookies and Technical Information allows us to improve Platform and your experience of Platform and Services. We may also analyse Technical Information that does not contain Personal Information for trends and statistics.

14. Third Party Services:
We may use your Information to send you promotional Information about third parties which, we think you may find interesting, if you tell us that you wish this to happen. We shall not be responsible for any disclosure of Information due to unauthorized third party access or other acts of third parties or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security unless such breach has been caused as a direct result of our negligence or wilful default.

15. Data Security:
We use certain physical, managerial, technical or operational safeguards as per industry standards and established best practices to protect the Information we collect. We use reasonable security practices and procedures and use secure servers as mandated under applicable laws for the protection of your Information. We review our Information collection, storage, and processing practices, including physical security measures to guard against unauthorized access to systems. However, as effective as these measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the Information you supply will not be intercepted while being transmitted to us over the internet. You accept the inherent security implications of data transmission over the internet and the internet cannot always be guaranteed as completely secure. Therefore, your use of the Platform will be at your own risk. If you have any concerns, please feel free to contact us at the details given in clause 3.4.

16. Changes and updates to Policy:
We may modify or revise the Privacy Policy from time to time and shall accordingly notify you of any changes to the Privacy Policy by posting the revised Privacy Policy on the Platform with an updated date of revision. We shall endeavour to review, revise, update, modify, amend or correct the Privacy Policy on a regular and routine basis, especially whenever a significant update is made to the technology employed by us. You must periodically review the Privacy Policy for the latest information on our privacy practices. In the event you continue to use the Platform and our services after any update in the Privacy Policy, your use of the Platform shall be subject to such updated privacy policy.

17. Discrepancies and Grievances with Company:
In case of any discrepancy or grievance with respect to all or any Information shared with Company, please feel free to contact our Grievance Officer:
Attention: Janahvi Pandey
Email ID: janahvi@smit.fit
Address:
91 Springboard Business Hub Private Limited
74/II, “C” Cross Road, Opp Gate No 2, Seepz, Andheri East,
Mumbai, Maharashtra 400093
We assure you that we shall ensure implementation of the Privacy Policy and shall make the Privacy Policy available to individuals and put our best efforts to redress the grievances of the user expeditiously within one (1) month from the date of receipt of the grievance.
Please feel free to reach out to us by e-mail at customersupport@smit.fit in case of any concerns, grievances, or questions relating to our privacy or data related practices.

18. Miscellaneous:
THE INVALIDITY OR UNENFORCEABILITY OF ANY PART OF THIS PRIVACY POLICY SHALL NOT PREJUDICE OR AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THIS PRIVACY POLICY. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION OTHER THAN THE INFORMATION COLLECTED BY US THROUGH THE PLATFORM. THIS PRIVACY POLICY SHALL BE INAPPLICABLE TO ANY UNSOLICITED INFORMATION YOU PROVIDE US THROUGH THE PLATFORM OR THROUGH ANY OTHER MEANS. ALL UNSOLICITED INFORMATION SHALL BE DEEMED TO BE NON-CONFIDENTIAL AND WE SHALL BE FREE TO USE AND/ OR DISCLOSE SUCH UNSOLICITED INFORMATION WITHOUT ANY LIMITATIONS. THE RIGHTS AND REMEDIES AVAILABLE UNDER THIS POLICY MAY BE EXERCISED AS OFTEN AS NECESSARY AND ARE CUMULATIVE AND NOT EXCLUSIVE OF RIGHTS OR REMEDIES PROVIDED BY LAW. RIGHTS UNDER THIS POLICY MAY BE WAIVED ONLY IN WRITING. DELAY IN EXERCISING OR NON-EXERCISE OF ANY SUCH RIGHT OR REMEDY DOES NOT CONSTITUTE A WAIVER OF THAT RIGHT OR REMEDY, OR ANY OTHER RIGHT OR REMEDY.

19. Governing Laws and Jurisdiction:
This Privacy Policy, our services and the use of it is governed by the laws of India and the courts in Mumbai shall have exclusive jurisdiction over any disputes connected to our Platform or the services.

YOUR ACCEPTANCE OF THE PRIVACY POLICY
BY USING OR VISITING THIS PLATFORM, YOU SIGNIFY YOUR AGREEMENT OF THIS POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THIS PLATFORM OR SERVICES.

Last updated: `{`01/12/2020`}`

Privacy Policy – Smit

  1. INTRODUCTION

We, AGSC Technologies Private Limited (“Company”, “we”, “us”, “our”) are the owners of the website https://smit.fit/ (the “Website”) and a web-based and mobile based application ( the“App”) named Smit.fit together referred to as the platform (the “Platform”). The Platform facilitates, through the third party sellers, laboratory practitioners, medical consultants coaches and counsellors (the “Partners”), the offering of certain medical devices and associated services, including digital coaching services, access to various health libraries, daily lifestyle goal setting services, clinical decision support and ancillary services to facilitate treatment of chronic diseases and related syndromes, health tracking services and  medical data functions including purchase and sale medical devices listed on the Platform (“Services”)  to the users (hereinafter referred to as “You”, “Your” or “User”) .

We respect data privacy rights and are committed to protecting personal information collected on the Platform. This privacy policy (“Privacy Policy”) sets forth how we collect, use and protect the personal information collected on the Platform.

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CLICKING “I AGREE” OR BY CONTINUING TO ACCESS      THE PLATFORM, USE THE SERVICES, VOLUNTARILY      PROVIDING US PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY WITHDRAW YOUR CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE US WITH ANY PERSONAL INFORMATION AND NOT ACCESS THE PLATFORM OR AVAIL THE SERVICES. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL TO COMMUNICATION DETAILS MENTIONED BELOW.

 

IF YOU ARE ACCESSING THE PLATFORM OR USING THE SERVICES ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO USE THE PLATFORM OR AVAIL SERVICES AND TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND, IN SUCH AN EVENT YOUR USE OF THE PLATFORM      AND OR THE SERVICES SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE ANY PERSONAL INFORMATION OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN YOU SHOULD REFRAIN FROM USING THE SERVICES.

 

THIS PRIVACY POLICY IS GOVERNED BY AND IS COMPLIANT WITH THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011, WHICH IS DESIGNED TO PROTECT THE PERSONAL INFORMATION; AND OTHER APPLICABLE RULES AND REGULATIONS RELATED TO PRIVACY.

 

  1. DEFINITIONS
    1. “User Content” shall mean and include data including but not limited clinical data, lifestyle, health data, chat transcripts, product details, medical prescriptions, materials other information uploaded by the Users on the Platform
    1. TYPES OF INFORMATION COLLECTED

This Privacy Policy applies to Personal Information and non-personal information about the Users collected and controlled by the Company, through the Platform. For purposes of this Privacy Policy, the following are the types of information collected on the Platform

  1. Personal Information” For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User such as User’s name, age, gender, address, telephone number, location, e-mail address, and includes personal sensitive health information such as any information that relates to demographic information, medical history, body mass index (BMI), activity level, body measurements, body fat, body protein, exercise preference, behavioural pattern, life style preference test and laboratory results, mental health conditions, insurance information, allergic details, details of the medical practitioner being consulted previously or details of patients family doctor, medications prescribed or being consumed by the User, sensitive personal information in relation to User’s health, and similar other information and other data that Company directly/indirectly may collect through the Platform or through any application, which User grants access to the Company.
  2. Technical Information: We may also collect some technical information which includes and is not limited to internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Platform.
  3. Wearables and other medical devices: When you allow access       from      our Platform to      your wearable and medical devices, either directly or through another health platform such as but not limiting to Google Fit or Apple Health Kit, we may collect your Personal Information during the authentication and login process. We may also collect data related to your physical activities and other medical information collected by the wearables and medical devices.
  1. TRACKING TECHNOLOGIES

We use tracking technologies, analytical tools and cookies to improve our Platform and experience of our Users.

Google Analytics: The Platform uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies, text files that are stored on your computer and enable analysis of your use of the Platform. The information generated by the cookies about your use of this Website are usually transferred to a server of Google in the US and stored there. In case of activation of IP anonymization on this Platform your IP address from Google will be truncated within Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address is transmitted to a Google server in the US and shortened there. You can refuse the use of cookies by selecting the appropriate settings on your browser software. You can also prevent the data generated by the cookie and related to your use of the Platform to Google and the processing of these data by Google, by selecting the in the following link (https : // Download tools.google.com/dlpage/gaoptout/) available browser plug-in and install it.

 

Cookies: We use cookies and similar tracking technologies to track user traffic patterns and hold certain registration information. Tracking technologies also used are beacons, tags and scripts to collect and track information and to improve and analyze our service. If you wish to not have the information these technologies collect, used for the purpose of serving you targeted ads the Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to disable cookies altogether etc.

Types of Cookies used: We use the following types of Cookies

      • Strictly necessary cookies
      • Analytical/performance cookies.
      • Targeting cookies.

We use cookies to:

      • improve the user experience on the Platform
      • understand the usage based on the geographical area
      • understand the usage based on the demographics
      • understand and get usage patterns of the users

The cookies will collect following information:

      • Clicks and scroll on the Website;
      • Visitor’s operating system, browser information, CPU, GPU; and
      • Information of Service Provider.

 

Will disabling the cookies allow users to use the Platform?

We will not restrict the usage of the Platform if the cookies are disabled.

 

 

      1. ACCURACY OF INFORMATION

User undertakes that he shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information and User Content shared/uploaded on the Platform whether of its own or any third party. In the event the User is sharing any Personal Information and User on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Information with the Company, obtained a written consent from such third party and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.

 

      1. USE OF PERSONAL INFORMATION

We shall use the Personal Information collected from the Website and Platform as follows:

 

  1. Personal Information provided by visitors of Website:
    1. To respond to enquiries pertaining to our Services and product offerings
    2. To provide information about any new offerings/and or our periodic newsletter;

 

  1. Personal Information provided by Users of the Platform:
    1. To complete the registration/subscription formalities and to create an account for the User (“User Account”).
    2. To provide User with the Services and to assist the User in the event the User needs any additional support.
    3. To provide information about any new offerings/and or our periodic newsletter.
    4. To assist User with technical difficulties that may arise in relation to User’s use and access of Platform.
    5. for creation or development of business intelligence or data analytics in relation to the Services provided on the Platform
    6. to comply with our legal or statutory obligations.
    1. ANONYMIZED DATA

We may also use your Personal Information collected to create aggregate anonymized data. We shall ensure that such anonymized data will not be directly identifiable to you or to the Personal Information shared with us. We may use this anonymized data for any purpose including but not limited to conduct research, analytical purposes, and to improve our Services. By using the Services and/or visiting our Platform, you provide us the right to use your Personal Information to create anonymized data and use it for our business purposes.

 

    1. DISCLOSURES

We do not sell, rent, distribute, lease or otherwise provide your Personal Information to third parties, without your prior consent. However, in course of providing Services to you or access to the Platform we may share your personal Information to Health Coaches and other resources as defined in the terms of use. Accordingly, you expressly give your free consent to us to disclose or share your Personal Information in the following cases:

 

    • Administrators:We may provide access to User’s Personal information to any of our authorized administrators for an internal business purpose, who shall be under confidentiality obligations towards the same.
    • Service Providers:We may share your Personal Information with the service providers who work with us in connection with operating the Platform and/ or providing the Services. All such service providers are subject to stringent confidentiality restrictions consistent with this Privacy Policy.
    • Merger or Acquisition:We may transfer User’s Personal Information if we are acquired by or we acquire or merge with another company or transfer a part of our business, including the Platform, to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger, amalgamation, reconstruction, change in control or business transfer shall have the right to continue to use User’s Personal Information. In the event of such a sale or transfer, we may notify the Users.
    • Legal and Regulatory Authorities: We may in order to comply with our legal obligations/ court orders/ requests by Govt. authorities share Personal Information with legal and regulatory authorities.

 

    1. DATA RETENTION

We will retain User’s Personal Information as long as it is required to be retained for the purpose of provision of the Services. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

      1. SECURITY

User’s Personal Information including User Content is stored on third party cloud servers. Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liability or responsibility for it.

User is responsible for all the actions that take place under the User Account. If User chooses to share User Account details and password or any Personal Information with third parties, the User is solely responsible for the same. If User loses control of the User Account, User may lose substantial control over its Personal Information and may be subject to legally binding actions. It is User’s responsibility to keep User’s password confidential and secure.

 

      1. ACCESSING AND MODIFYING PERSONAL INFORMATION

In case User that avail our Services needs to access, review, and/or make changes to the Personal Information including User Content User may do so by requesting the Company’s admin/ Users admin or may do so by themselves on his/her User Account.

 

      1. YOUR RIGHTS

You have the right to access your Personal Information in our possession, right to have us rectify or modify any such Personal Information, right to have us erase/delete your Personal Information, right to restrict us from processing such Personal Information, right to object to our use of your Personal Information, right to request to port your Personal Information, withdraw consent at any time where we are relying on consent to process your Personal Information, If you withdraw your consent, we may not be able to provide certain products or services to you. We may need to request specific information from you to help us confirm your identity or also contact you for further information in relation to your request.

 

      1. LINKS TO OTHER WEBSITES

Our Platform may contain links to other websites or platforms/ applications of your interest. Please note that we do not have any control over such other websites, and you will be accessing these websites at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/applications and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites.

 

      1. CHOICE AND OPT-OUT

We may send you communications including but not limited to (a) notices about your use of our Platform and Services, including those concerning violations of use, (b) updates, (c) promotional information regarding the Services and (d) newsletters. You may opt out of receiving promotional emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, you can opt out, at any time, by emailing customersupport@smit.fit with your specific request.

 

      1. CHILDREN’S PRIVACY

If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

 

      1. LIMITATION OF LIABILITY

USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, DETAILS OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

 

      1. INDEMNIFICATION

User agrees to indemnify us, our subsidiaries, affiliates, officers, agents and employees (each, an “Indemnified Party”) and hold the Indemnified Party harmless from and against any claims and demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to: (i) accuracy and correctness of Personal Information and User Content that User submits or shares through the Platform and (ii) User’s and its permitted user’s violation of this Privacy Policy and applicable laws,

 

      1. GOVERNING LAWS AND DISPUTES

This Privacy Policy shall be construed and governed by the laws of India. Any dispute arising, between you and us shall be submitted to the arbitration to be conducted in Mumbai, India in English language, in accordance with the rules of Arbitration and Conciliation Act of 1996, by a sole arbitrator, who shall be appointed by us, and the award made in pursuance thereof shall be binding on you and us. Subject to the arbitration provisions, you agree that the courts in Mumbai, India shall have an exclusive jurisdiction over such disputes.

 

      1. CHANGES TO THIS POLICY

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the Platform and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through our Platform.

This Privacy Policy was last modified on 31-Oct-2021.

 

      1. CONTACT US

If you have any questions or concerns or grievances regarding this Privacy Policy or would like to withdraw your consent, you can email our grievance officer Ms. Janahvi Pandey
Email ID: janahvi@smit.fit,

 

“I AGREE”

 

Last Updated: 30/10/2021

Copyright 2022 @ Smit.fit. All rights reserved.

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