GENERAL:

• Fitkits LLP (“Fitkits”) is committed to the protection of personal information provided by the Users to Fitkits. Users agree that use of Website implies consent to the collection, retention and use of Users personal information in accordance with the terms of this Privacy Policy (“Privacy Policy”).

• Fitkits takes the privacy of Users seriously. Fitkits is committed to safeguarding the privacy of Users while providing Services in a personalized and valuable manner.

• No information provided by the User to Fitkits is rented or sold to any third party. When a User uses the Services, Users’ IP address and other personal information may automatically get stored. A high standard of security is maintained by Fitkits for Users. However, the transmission of information via the internet and web networks is not completely secure. While Fitkits does its best to protect Users’ information, particularly with respect to protection of Users’ personal data, Fitkits cannot ensure the security of Users’ data transmitted via the internet, web network or any other networks.

• Access to the contents of Fitkits is conditional upon User’s approval of the Privacy Policy which should be read in conjunction with our Terms and Conditions (“Terms”). Users acknowledge that this Privacy Policy, together with our Terms and Conditions, forms a legally binding agreement with Fitkits in relation to the use of Services (“Agreement”). All capitalized terms used but not defined herein shall have the meaning ascribed to such term in the Terms.

• Your personal data relationship with Fitkits varies based on the capacity in which you interact with us/avail of our products and services (“Services”). You could be: (i) a visitor to https://www.fitkits.in (“Website”) or any pages thereof (“Visitor”); or (ii) a person who has an account with Fitkits to avail our Services (“Registered User”).

• Based on whether you are a Visitor or Registered User, the type of data we collect and the purpose for which we use it will differ and this Policy details such variations.

• Fitkits reserves the right to contact the customer via any mechanisms, not limited to Email, SMS, or phone calls, to solicit feedback of customer's experience and to provide any additional services that customer would be eligible for, either as a customer or as a visitor.

• If you do not agree with the Policy, we would advise you to not visit/use the Website.

1. INFORMATION WE COLLECT AND HOW WE USE IT

SPECIAL CATEGORIES OF PERSONAL DATA

We may collect and process ‘special categories of personal data’ such as ethnic origin, genetics, health or lifestyle, which are considered sensitive. We use this special category of personal data, for example to provide specialized diet plan and exercise routines. We require your explicit consent to collect and process special categories of personal data. You may refuse or revoke your consent at any time, please see the section about 'Your Rights & Preferences As A Data Subject In The EU' below. A limited number of our personnel will have access to special categories of personal data provided by you.

WHAT ARE THE COOKIES AND WEB BEACONS REFERRED TO ABOVE?

Usually, browsers have default setting to accept cookies until you change your browser settings. You can choose to reject and remove cookies from our Website by changing your browser settings. If you reject or remove our cookies, it could affect how our Website works.

FOR THE AVOIDANCE OF ANY DOUBT, WE SHOULD CLARIFY THAT IN THE EVENT WE ANONYMIZE AND AGGREGATE INFORMATION COLLECTED FROM YOU, WE WILL BE ENTITLED TO USE SUCH ANONYMIZED DATA FREELY, WITHOUT ANY RESTRICTIONS OTHER THAN THOSE SET OUT UNDER APPLICABLE LAW.

2. YOUR RIGHTS & PREFERENCES AS A DATA SUBJECT IN THE EU

As per the General Data Protection Regulation (GDPR) that was passed in the European Union (EU), the GDPR gives certain rights to individuals who are EU data subjects, in relation to their personal data.

Subject to the GDPR and applicable law’s limitations, the rights afforded to you if you are an EU data subject are:

In case you want to exercise the rights set out above you can contact our Grievance Officer whose details are set out in Section 13 below.

The data provided by you as a Visitor, or when you sign up as a Registered User for our Services will be processed by us for the purpose of rendering Services to you or in order to take steps prior to rendering such Services, at your request. Where such data is not being used by us to render Services to you, we shall explicitly seek your consent for using the same. You can choose to withdraw this consent at any time by writing to us at info@fitkits.in Additionally, we may process your data to serve legitimate interests.

3. PUBLISHED CONTENT

Any success stories, comments, messages, blogs, scribbles etc. posted/ uploaded/ conveyed/ communicated by you on the public sections of the Website or conveyed/ posted/ communicated to us via email or social media platforms becomes published content. We may publish such published content on our Website so long as you consent. You may request that such published content be taken down at any time and we shall remove such published content. However, we are not responsible for any actions taken by third-parties with respect to such published content.

4. INFORMATION WE GET FROM OTHERS

We may receive data about you from other sources i.e., expert calls, smart watch, surveys, and such data may be added to our Website from time to time. Such data may include your behaviour towards various content posted on our Website from other sources. We use the data collected from other sources to prepare a specific diet plan and training regime for you. We also use this data for providing, testing, improving, or recommending the Services.

5. RETENTION OF PERSONAL INFORMATION

We will store any personal data we collect from you as long as it is necessary in order to facilitate your use of the Services and for ancillary legitimate and essential business purposes – these include, without limitation, for improving our Services, attending to technical issues, and dealing with disputes.

Your personal data will primarily be stored in electronic form. We may enter into agreement with third parties to collect, store, process your personal data but under full compliance with applicable laws. In the event, you have any telephonic interactions with our customer representatives, the call data may be recorded and stored for training and quality purposes.

We may need to retain your personal data even if you seek deletion thereof, if it is needed to comply with our legal obligations, resolve disputes and enforce our agreements.

If you are a Registered User, please be advised that after you terminate your usage of a Service, we may, unless legally prohibited, delete all data provided or collected by you from our servers.

6. TRACKING BY OUR ADVERTISEMENT PARTNERS

Upon receiving your specific consent, we may share the data we collect from cookies or web beacons with our advertisement partners to track your visits, establish your non-personal identity and present you with targeted advertisements about our Services.

7. COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT

As a business service, we neither knowingly collect or store nor use any personal data of any individuals under the age of 13. We do not target our Services towards individuals under the age of 13. Individuals under the age of 13 should seek the consent of their parents before providing any information about themselves, their parents, or other family members on our Website.

8. TRANSFER OF INFORMATION

In the ordinary course of business, we may employ other companies and people to assist us in providing certain components of our Services in compliance with the provisions of this Policy. To do so, we may need to share your data with them.

Where applicable – if the entities to which these transfers are effected are not situated in countries deemed ‘adequate’ by the European Commission or are not registered under the EU-US Privacy Shield framework, we shall enter into appropriate Data Protection Addendums with the transferee parties that comprehensively protect your data. We shall also put in place industry-standard technical and organizational measures (including robust data handling policies) to ensure that such transfers are completed in accordance with applicable laws.

Some of the examples of where we may sub-contract processing activities to third parties include—record keeping, data analysis, marketing assistance, processing payments, and providing customer service.

9. THIRD PARTY LINKS

We may display links to third-party websites or applications on our Website for advertising or providing you with relevant content. We will not be responsible for such third-party websites or applications if you choose to access them. If you provide any data to such website/application, please ensure you read their policies given that you will no longer be bound by this Policy in doing so.

We may receive data whenever you visit a third-party link through our Website which includes the date and time of your visit to the third-party website, the web address or URL, technical information about the IP address, browser and the operating system you use and, if you are logged into Fitkits, your username.

10. COMPELLED DISCLOSURE

In addition to the purposes set out in the Policy, we may disclose any data we collected or processed from you if it is required:

• under applicable law or to respond to a legal process, such as a search warrant, court order, or subpoena;

• to protect our safety, your safety or the safety of others or in the legitimate interest of any party in the context of national security, law enforcement, litigation, criminal investigation or to prevent death or imminent bodily harm;

• to investigate fraud, credit risk or violation of our Acceptable Use Policy;

• in connection with legal proceedings brought against Fitkits, its officers, employees, affiliates, customers or vendors;

• to establish, exercise, protect, defend and enforce our legal rights; or

• when we do a business deal or negotiate a business deal, or our assets are merged or acquired by the other business entity, or during restructuring of business or re-organization, we may have to share information provided by you with the other business entities.

11. SECURITY OF YOUR PERSONAL INFORMATION

The security of Users’ Personal Information is important to Fitkits. Fitkits follows generally accepted industry standards to protect the Personal Information submitted to Fitkits, both during transmission and once Fitkits receives it.

We have taken appropriate steps for the security and protection of all our digital platforms including internal applications, however, we shall not be responsible for any breach of security or the disclosure of personal data for reasons outside our control, such as hacking, social engineering, cyber terrorism, espionage by third parties, or any events by way of force majeure such as sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government. Users should understand that there is no such thing as complete security, and Fitkits does not guarantee that there will be no unintended disclosures of Personal Information. If Fitkits becomes aware that certain Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, Fitkits will use reasonable efforts to notify the concerned User of the nature and extent of such disclosure (to the extent Fitkits is aware of that information) as soon as reasonably possible and as permitted by law.

12. ACCESS, CORRECTION & DELETION

You may request access, correction or updation, and deletion of the data by contacting info@fitkits.in You may note that deletion of certain data or withdrawal of consent may lead to cancellation of your registration with us or your access to our Services.

Based on technical feasibility, we will provide you with access to all your personal and sensitive personal data that we maintain about you. We will perform verification before providing you access to this data.

You may opt out of our marketing emails by clicking on the ‘opt-out’/ ‘unsubscribe’ link provided in the emails. However, we may still send you non-marketing emails about your accounts or any other transactions with you.

13. UPDATES AND CHANGES TO PRIVACY POLICY

Fitkits reserves the right, at any time, to add to, change, update, or modify this Privacy Policy. Users are requested to review this Privacy Policy frequently. If any change has been incorporated in this Privacy Policy by Fitkits, then Fitkits will post such changes on this page. In all cases, use of information Fitkits collects is subject to the Privacy Policy in effect at the time such information is collected by Fitkits.

14. GRIEVANCE OFFICER