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Privacy Policy

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC

CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES

MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC

DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION

TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL,

ELECTRONIC OR DIGITAL SIGNATURE. THIS PRIVACY POLICY IS A LEGALLY BINDING

DOCUMENT BETWEEN YOU AND FITART (BOTH TERMS DEFINED BELOW). THE TERMS OF

THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME

(DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE ‘ACCEPT’

TAB OR BY USE OF THE WEBSITE OR BY OTHER MEANS) AND WILL GOVERN THE

RELATIONSHIP BETWEEN YOU AND FOR YOUR USE OF THE WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE

PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES

AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011

UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE

PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE

PERSONAL DATA OR INFORMATION. PLEASE READ THIS PRIVACY POLICY CAREFULLY.

BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT

TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY

POLICY, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR

UNCONDITIONAL CONSENT OR AGREEMENTS TO AS PROVIDED UNDER SECTION 43A AND

SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000. By accessing and using

(i) the domain name www.________.co.in (the “Website”) and/or (ii) any

other software application developed by the Company (as defined below) for

use on wireless computing devices such as smartphones and tablets and also

for use on desktop or laptop computers ((i) and (ii) hereinafter

collectively referred to the “Electronic Media”), you agree to be bound by

the terms of this privacy policy (“Policy”). This Policy is an electronic

record in terms of the Information Technology Act, 2000 and rules made

thereunder. Please note that this Policy is incorporated in and forms a

part of the terms of service of the Electronic Media available at FITART

APP and the other the guidelines, rules, terms, conditions and/or

applicable policies and procedures (“Company Policies”) particular to any

specific service or products of the Company, which shall be posted on the

Electronic Media from time to time. By providing us your information or by

making use of the facilities provided by the Website, you hereby consent

to the collection, storage, processing and transfer of any or all of your

Personal Information and Non-Personal Information by as specified under

this Privacy Policy. You further agree that such collection, use, storage

and transfer of Your Information shall not cause any loss or wrongful gain

to you or any other person. _______________ and its subsidiaries and

affiliates and Associate Companies (individually and/ or collectively,

“FITART “) is/are concerned about the privacy of the data and information

of users (including sellers and buyers/customers whether registered or

non-registered) accessing, offering, selling or purchasing products or

services on ________websites, mobile sites or mobile applications

(“Website”) on the Website and otherwise doing business with Fitart

“Associate Companies” here shall have the same meaning as ascribed in

Companies Act, 2013. The terms “We” / “Us” / “Our” individually and

collectively refer to each entity being part of the definition of and the

terms “You” /”Your” / “Yourself” refer to the users. This Privacy Policy

is a contract between You and the respective entity whose Website You use

or access or You otherwise deal with. This Privacy Policy shall be read

together with the respective Terms of Use or other terms and condition of

the respective entity and its respective Website or nature of business of

the Website. This Privacy Policy is provided to familiarize You with: For

the purpose of this Policy, wherever the context so requires, references

to “you” shall mean the user of the Electronic Media (“User”) and

references to “us” or “we” shall mean the Company. • The type of data

or information that You share with or provide to and that collects from

You; • The purpose for collection of such data or information from

You; • Fitart information security practices and policies; and •

Fitart privacy policy may be amended / updated from time to time. We

suggest that you regularly check to Privacy Policy to apprise yourself of

any updates. Your continued use of Website or provision of data or

information thereafter will imply Your unconditional acceptance of such

updates to this Privacy Policy. • By providing personal information

through the Electronic Media or any Service, you understand and

acknowledge that you are providing such personal information to all

entities listed above. Personal information is information about you that

is personally identifiable. • Information collected and storage of

such Information: The “Information” (which shall also include data)

provided by You to or collected from You by may consist of “Personal

Information” and “Non-Personal Information”. • Personal Information:

Personal Information is Information collected that can be used to uniquely

identify or contact You. Personal Information for the purposes of this

Privacy Policy shall include, but not be limited to: • Your user name

along with Your password, • Your name, • Your address, • Your

telephone number, • Your e-mail address or other contact information, •

Your date of birth, • Your gender, • Information regarding your

transactions on the Website, (including sales or purchase history), •

Your financial information such as bank account information or

credit card or debit card or other payment instrument details, •

Internet Protocol address, • Any other items of ‘sensitive personal

data or information’ as such term is defined under the Information

Technology (Reasonable Security Practices And Procedures And Sensitive

Personal Data Of Information) Rules, 2011 enacted under the Information

Technology Act, 2000; • Identification code of your communication

device which You use to access the Website or otherwise deal with any

entity, • Any other Information that You provide during Your

registration process, if any, on the Website. Such Personal Information

may be collected in various ways including during the course of You: •

registering as a user on the Website, • registering as a seller on

the Website, • availing certain services offered on the Website. Such

instances include but are not limited to making an offer for sale, online

purchase, participating in any online survey or contest, communicating

with fitart customer service by phone, email or otherwise or posting user

reviews on the items available on the Website, or • otherwise doing

business on the Website or otherwise dealing with any entity. We may

receive Personal information about you from third parties, such as social

media services, commercially available sources and business partners. If

you access Website through a social media service or connect a service on

Website to a social media service, the information we collect may include

your user name associated with that social media service, any information

or content the social media service has the right to share with us, such

as your profile picture, email address or friends list, and any

information you have made public in connection with that social media

service. When you access the Website or otherwise deal with any entity

through social media services or when you connect any Website to social

media services, you are authorizing to collect, store, and use and retain

such information and content in accordance with this Privacy Policy. •

Non-Personal Information: may also collect information other than

Personal Information from You through the Website when You visit and / or

use the Website. Such information may be stored in server logs. This Non-

Personal Information would not assist to identify You personally. This

Non-Personal Information may include: • Your geographic location, •

details of Your telecom service provider or internet service

provider, • the type of browser (Internet Explorer, Firefox, Opera, Google

Chrome etc.), • the operating system of Your system, device and the

Website You last visited before visiting the Website, • The duration of

Your stay on the Website is also stored in the session along with the date

and time of Your access, Non-Personal Information is collected through

various ways such through the use of cookies. may store temporary or

permanent ‘cookies’ on Your computer. You can erase or choose to block

these cookies from Your computer. You can configure Your computer’s

browser to alert You when we attempt to send You a cookie with an option

to accept or refuse the cookie. If You have turned cookies off, You may be

prevented from using certain features of the Website. • Ads: may use

third-party service providers to serve ads on fitart behalf across the

internet and sometimes on the Website. They may collect Non-Personal

Information about Your visits to the Website, and Your interaction with

our products and services on the Website. Please do note that Personal

Information and Non Personal Information may be treated differently as per

this Privacy Policy. You hereby represent to that: • the Information

you provide to from time to time is and shall be authentic, correct,

current and updated and You have all the rights, permissions and consents

as may be required to provide such Information to Fitart. • Your

providing the Information to and fitart onsequent storage, collection,

usage, transfer, access or processing of the same shall not be in

violation of any third party agreement, laws, charter documents,

judgments, orders and decrees. • and each of entities officers,

directors, contractors or agents shall not be responsible for the

authenticity of the Information that You or any other user provide to

fitart. You shall indemnify and hold harmless and each of entities

officers, directors, contracts or agents and any third party relying on

the Information provided by You in the event You are in breach of this

Privacy Policy including this provision and the immediately preceding

provision above. • Your Information will primarily be stored in

electronic form however certain data can also be stored in physical form.

We may store, collect, process and use your data in countries other than

Republic of India but under compliance with applicable laws. We may enter

into agreements with third parties (in or outside of India) to store or

process your information or data. These third parties may have their own

security standards to safeguard your information or data and we will on

commercial reasonable basis require from such third parties to adopt

reasonable security standards to safeguard your information / data. •

Purpose for collecting, using, storing and processing Your Information

collects, uses, stores and processes Your Information for any purpose as

may be permissible under applicable laws (including where the applicable

law provides for such collection, usage, storage or processes in

accordance with the consent of the user) connected with a function or

activity of each of entities and shall include the following: • to

facilitate Your use of the Website or other services of entities; • to

respond to Your inquiries or fulfil Your requests for information about

the various products and services offered on the Website; • to provide

You with information about products and services available on the Website

and to send You information, materials, and offers from fitart • to

send You important information regarding the Website, changes in terms and

conditions, user agreements, and policies and/or other administrative

information; • to send You surveys and marketing communications that

believes may be of interest to You; • to personalize Your experience on

the Website by presenting advertisements, products and offers tailored to

Your preferences; • to help You address Your problems incurred on the

Website including addressing any technical problems; • if You purchase

any product or avail of any service from the Website, to complete and

fulfil Your purchase, for example, to have Your payments processed,

communicate with You regarding Your purchase and provide You with related

customer service; • for proper administering of the Website; • to

carry out market research and Users’ interest; and • to conduct

internal reviews and data analysis for the Website (e.g., to determine the

number of visitors to specific pages within the Website); • to improve

the services, content and advertising on the Website; • to provide value

added services such as Single Sign On. Single Sign On shall mean a

session/user authentication process that permits a user to enter his/her

name or mobile number or e-mail address or any combination thereof and

password in order to access multiple websites and applications; • to

facilitate various programmes and initiatives launched by or third party

service providers and business associates • to analyze how our services

are used, to measure the effectiveness of advertisements, to facilitating

payments • to conducting academic research and surveys • to protect the

integrity of the Website; • to respond to legal, judicial, quasi judicial

process and provide information to law enforcement agencies or in

connection with an investigation on matters related to public safety, as

permitted by law; • to conduct analytical studies on various aspects

including user behaviour, user preferences etc.; • to permit third

parties who may need to contact users who have bought products from the

Website to facilitate installation, service and any other product related

support; • to implement information security practices; • to

determine any security breaches, computer contaminant or computer virus; •

to investigate, prevent, or take action regarding illegal activities

and suspected fraud, • to undertake forensics of the concerned computer

resource as a part of investigation or internal audit; • to trace computer

resources or any person who may have contravened, or is suspected of

having or being likely to contravene, any provision of law including the

Information Technology Act, 2000 that is likely to have an adverse impact

on the services provided on any Website or by fitart ; • to enable a

potential buyer or investor to evaluate the business of (as further

described in paragraph 8 of the Privacy Policy). [Individually and

collectively referred to as (“Purposes”)] You hereby agree and acknowledge

that the Information so collected is for lawful purpose connected with a

function or activity of each of the entities or any person on their

respective behalf, and the collection of Information is necessary for the

Purposes. Communications : We reserve the right to send you certain

communications relating to the Electronic Media, the Services and your

account with us, including but not limited to notifications, service

announcements, administrative messages without offering you the

opportunity to opt-out of receiving them (although we will obtain your

consent at the time you create your account). Should you choose not to

receive such communications, your continued and unrestricted access to the

Electronic Media and all Services may be affected. Data Storage: We may

store your account information in our databases indefinitely following the

termination of your account with us to the maximum extent permitted by

law. Officals : Employee and contractor access to information: We limit

access to personal information about you to those employees and

contractors who we reasonably believe need to come into contact with that

information to provide products or services to you or in order to do their

jobs. Education and training for employees: We have implemented a companywide

education and training program about security that is required of

every employee of the Company. Sharing and disclosure of Your Information

: You hereby unconditionally agree and permit that may transfer, share,

disclose or part with all or any of Your Information, within and outside

of the Republic of India to various entities and to third party service

providers / partners / banks and financial institutions for one or more of

the Purposes or as may be required by applicable law. In such case we will

contractually oblige the receiving parties of the Information to ensure

the same level of data protection that is adhered to by under applicable

law. You acknowledge and agree that, to the extent permissible under

applicable laws, it is adequate that when transfers Your Information to

any other entity within or outside Your country of residence, will place

contractual obligations on the transferee which will oblige the transferee

to adhere to the provisions of this Privacy Policy. may share statistical

data and other details (other than Your Personal Information) without your

express or implied consent to facilitates various programmes or

initiatives launched by fitart , its affiliates, agents, third party

service providers, partners or banks & financial institutions, from time

to time. We may transfer/disclose/share Information (other than Your

Personal Information) to those parties who support our business, such as

providing technical infrastructure services, analyzing how our services

are used, measuring the effectiveness of advertisements, providing

customer / buyer services, facilitating payments, or conducting academic

research and surveys. These affiliates and third party service providers

shall adhere to confidentiality obligations consistent with this Privacy

Policy. Notwithstanding the above, We use other third parties such as a

credit/debit card processing company, payment gateway, pre-paid cards etc.

to enable You to make payments for buying products or availing services on

fitart. When You sign up for these services, You may have the ability to

save Your card details for future reference and faster future payments. In

such case, We may share Your relevant Personal Information as necessary

for the third parties to provide such services, including your name,

residence and email address. The processing of payments or authorization

is solely in accordance with these third parties policies, terms and

conditions and we are not in any manner responsible or liable to You or

any third party for any delay or failure at their end in processing the

payments. may also share Personal Information if believe it is necessary

in order to investigate, prevent, or take action regarding illegal

activities, suspected fraud, situations involving potential threats to the

physical safety of any person, violations of various terms and conditions

or our policies. We reserve the right to disclose your information when

required to do so by law or regulation, or under any legal obligation or

order under law or in response to a request from a law enforcement or

governmental agency or judicial, quasi-judicial or any other statutory or

constitutional authority or to establish or exercise our legal rights or

defend against legal claims. You further agree that such disclosure,

sharing and transfer of Your Personal Information and Non-Personal

Information shall not cause any wrongful loss to You or to any third

party, or any wrongful gain to us or to any third party. Links to third

party websites: Links to third-party advertisements, third-party websites

or any third party electronic communication service may be provided on the

Website which are operated by third parties and are not controlled by, or

affiliated to, or associated with, unless expressly specified on the

Website. is not responsible for any form of transmission, whatsoever,

received by You from any third party website. Accordingly, does not make

any representations concerning the privacy practices or policies of such

third parties or terms of use of such third party websites, nor does

control or guarantee the accuracy, integrity, or quality of the

information, data, text, software, music, sound, photographs, graphics,

videos, messages or other materials available on such third party

websites. The inclusion or exclusion does not imply any endorsement by of

the third party websites, the website’s provider, or the information on

the website. The information provided by You to such third party websites

shall be governed in accordance with the privacy policies of such third

party websites and it is recommended that You review the privacy policy of

such third party websites prior to using such websites. Security &

Retention : The security of your Personal Information is important to us.

strives to ensure the security of Your Personal Information and to protect

Your Personal Information against unauthorized access or unauthorized

alteration, disclosure or destruction. For this purpose, adopts internal

reviews of the data collection, storage and processing practices and

security measures, including appropriate encryption and physical security

measures to guard against unauthorized access to systems where stores Your

Personal Information. Each of the entity shall adopt reasonable security

practices and procedures as mandated under applicable laws for the

protection of Your Information. Provided that Your right to claim damages

shall be limited to the right to claim only statutory damages under

Information Technology Act, 2000 and You hereby waive and release all

entities from any claim of damages under contract or under tort. If you

choose a payment gateway to complete any transaction on Website then Your

credit card data may be stored in compliance with industry standards/

recommended data security standard for security of financial information

such as the Payment Card Industry Data Security Standard (PCI-DSS). may

share your Information with third parties under a confidentiality

agreement which inter alia provides for that such third parties not

disclosing the Information further unless such disclosure is for the

Purpose. However, is not responsible for any breach of security or for any

actions of any third parties that receive Your Personal Information. is

not liable for any loss or injury caused to You as a result of You

providing Your Personal Information to third party (including any third

party websites, even if links to such third party websites are provided on

the Website). Notwithstanding anything contained in this Policy or

elsewhere, Fitart shall not be held responsible for any loss, damage or

misuse of Your Personal Information, if such loss, damage or misuse is

attributable to a Force Majeure Event (as defined below). A Force Majeure

Event shall mean any event that is beyond the reasonable control of and

shall include, without limitation, sabotage, fire, flood, explosion, acts

of God, civil commotion, strikes or industrial action of any kind, riots,

insurrection, war, acts of government, computer hacking, unauthorised

access to computer, computer system or computer network,, computer

crashes, breach of security and encryption (provided beyond reasonable

control of Fitart), power or electricity failure or unavailability of

adequate power or electricity. While We will endeavor to take all

reasonable and appropriate steps to keep secure any Personal Information

which We hold about You and prevent unauthorized access, You acknowledge

that the internet or computer networks are not fully secure and that We

cannot provide any absolute assurance regarding the security of Your

Personal Information. You agree that all Personal Information shall be

retained till such time required for the Purpose or required under

applicable law, whichever is later. Non-Personal Information will be

retained indefinitely. User discretion and opt out: You agree and

acknowledge that You are providing your Information out of your free will.

You have an option not to provide or permit to collect Your Personal

Information or later on withdraw Your consent with respect to such

Personal Information so provided herein by sending an email to the

grievance officer or such other electronic address of the respective

entity as may be notified to You. In such case, You should neither visit

any Website nor use any services provided by entities nor shall contact

any of entities. Further, may not deliver products to You, upon Your

order, or may deny you access from using certain services offered on the

Website. You can add or update Your Personal Information on regular basis.

Kindly note that would retain Your previous Personal Information in its

records. We do not guarantee any security or privacy of any information

which may be available to all Users and visitors of the Electronic Media

publicly. Further, the Electronic Media may contain links to other

websites. Please note that we do not endorse any links or websites and are

not responsible for the privacy practices of such third party websites.

Changes to this Privacy Policy : We may update, revise or amend this

Policy from time to time without any prior notice to you. When we revise,

update or amend this Policy, we also revise the date at the start of the

Policy. For changes to this Policy that may be materially less restrictive

on our use or disclosure of your personal information provided to us, we

will attempt to obtain your consent before implementing the change. We

encourage you to periodically review this Policy to stay informed about

how we are protecting the information we collect. Your continued use of

Electronic Media constitutes your agreement to this Policy and any updates

from time to time. Grievance Officer : If you find any discrepancies or

have any grievances in relation to the collection, storage, use,

disclosure and transfer of Your Personal Information under this Privacy

Policy or any terms of Fitart Terms of Use, Term of Sale and other terms

and conditions or polices of any entity, please contact the following: For

_________________ Limited: Mr. ___________, the designated grievance

officer under Information Technology Act, 2000 E-mail_________________.

The details of the grievance officer may be changed by us from time to

time by updating this Privacy Policy. Business / Assets Sale or Transfers

: may sell, transfer or otherwise share some or all of its assets,

including Your Information in connection with a merger, acquisition,

reorganization or sale of assets or business or in the event of

bankruptcy. Should such a sale or transfer occur, such entity will

reasonably ensure that the Information you have provided and which we have

collected is stored and used by the transferee in a manner that is

consistent with this Privacy Policy. Any third party to which any of

entity transfers or sells as aforesaid will have the right to continue to

use the Information that you provide to us or collected by us immediately

prior to such transfer or sale. Further Acknowledgements : You hereby

acknowledge and agree that this Privacy Policy: • is clear and easily

accessible and provide statements of policies and practices with

respective to the Information; • provides for the various types of

personal or sensitive personal data of information to be collected; •

provides for the purposes of collection and usage of the

Information; • provides for disclosure of Information; and • provides

for reasonable security practices and procedures.