ToneOpFit Privacy Policy - Secure Your Fitness Journey

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This Privacy Policy (“Privacy Policy”), read with the terms and conditions (“Terms”) available at https://toneop.com/term-condition/ (“Terms”), constitutes legally binding agreement (“Agreement”) between the user (defined below) and the company (“Company”), and govern the user’s access to and use of the website “https://toneopfit.com/” and mobile application “ToneOp” (available on Android and iOS) (together, “Platform”), operated by Bansal Tech Professionals, and the Services (defined in the Terms), provided through the Platform.

The Agreement is an electronic record in terms of the Information Technology Act, 2000, the Rules made thereunder (as applicable) and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. The electronic record is generated by a computer system and does not require any physical or digital signatures.

The Terms, and the Privacy Policy, apply to all visitors, users, and others (above 18 years of age) who wish to access or use the Platform (“User(s)”). If you do not wish to (or cannot) be a party to the Agreement, then you may not use the Service. In such case, let us know your concerns by emailing at [email protected], so we can try to find a solution. By accessing the Platform, the User represents that and it will be deemed that the User has read, understood and agreed to these Terms and the Privacy Policy, in their entirety.

This Privacy Policy explains how the Company collects, uses, discloses and protects the Personal Information of the Users registered with the Company. For the purpose of this Privacy Policy, “Personal Information” shall mean and include details such as first and last name of the User, contact number, email address, age, height, weight, body measurements, eating habits, medical issues, region of habitation, fitness regime, pictures (optional), other KYC related documents, bank account details (details of any payment method used on the Platform) and such other sensitive information of the User which personally identifies such User.

By accessing the Platform or by otherwise providing the Company your Personal Information, you will be deemed to have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by this Privacy Policy. You hereby consent to our collection, use, sharing and disclosure of your personal information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time. If you do not agree with this Privacy Policy at any time, you are requested not to access the Platform or provide us any of your Personal Information.

Acceptance of the Privacy Policy

The User undertakes to be unconditionally and irrevocably bound by the Privacy Policy from the time the User accesses the Platform for availing the Services provided by the Company.

Collection and Usage of User Data

The Company may collect information whenever a User accesses the Platform or avails the Services through the Platform. This data may include information such as the User’s device’s Internet Protocol Address (i.e., IP address), the type of device used by the User, the unique ID of the device, the device’s operating system, the pages that the User visits, the time and date of the User’s visit, the time spent on such pages, unique device identifiers and other diagnostic data (“User Data”). The Company also uses cookies and similar tracking technologies to track the activities of a User on the Platform. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are stored on the User’s device. The Company’s tracking technologies are also used as beacons, tags and scripts to collect and track information and to improve and analyze the Services.

A User may choose to refuse all cookies or to indicate when a cookie is being sent. However, if a User does not accept the cookies, such User may not be able to use some of the functions offered by the Company through the Platform. The Company uses the User Data for various purposes such as: (a) to provide and maintain the Services; (b) to notify the User about changes to the Services; (c) to allow the User to participate in interactive features of the Services when the User chooses to do so; (d) to provide customer support; (e) to gather analysis or valuable information so that the Company can improve the Services; (f) to monitor the usage of the Services; (g) to detect, prevent and address technical issues; (h) to carry out any obligations and enforce the Company’s rights arising from any contracts entered into between the User and the Company, including for billing and collection purposes; (i) to provide the User with notices about their account and/or subscription, including expiration and renewal notices, e-mail instructions, etc.; (j) to provide the User with news, special offers and general information about other goods, services and events which the Company offers that are similar to those that the User has already purchased or enquired about, unless the User has opted not to receive such information; and (k) for any other purpose with the User’s consent.

Disclosure of Personal Information

Disclosure to Government Authorities: The Company would be authorized to, without obtaining prior consent from the User, share any User-related information as may be required by a government authority or, in accordance with applicable law,for purposes including, without limitation, compliance with a legal obligation, protection and defence of the rights of the Company and protection against legal liability.

Disclosure for Business Transactions: In the event the Company or its subsidiaries are involved in a merger, acquisition or asset sale, the Personal Information of the Users may be part of the transferred assets.

Disclosure to Related Companies: The Company may share the User’s Personal Information with its related companies for purposes consistent with this Privacy Policy.

Disclosure to Agents, Consultants and Service Providers: The Company may disclose the User’s Personal Information to its agents or consultants and other third party service providers for purposes including, without limitation, for offering additional services either bundled with, or in addition to the Services, or to assist the Company in providing the Services to the User.

Upon disclosure, any disclosed information, including the User’s Personal Information, shall be dealt with in accordance with the policies of the party to whom such information has been disclosed.

Retention of Data

The Company reserves the right to retain the Personal Information only for as long as it is necessary and for the purposes set out in this Privacy Policy. The Company will retain and use the Personal Information to the extent necessary to comply with applicable law, resolve disputes, and enforce its legal agreements and policies.

The Company will have a right to retain the User Data for internal analysis purposes. Such User Data is generally retained for a shorter period, except when the User Data is used to strengthen the security or to improve the functionality of the services provided through the Platform, or if the Company is legally obligated to retain it for longer time periods.

Transfer of Data

All information collected from the Users, including the Personal Information, may be transferred to, and maintained on, computers located outside of the User’s state, province, country or other governmental jurisdiction where the data protection laws may differ from those of the User’s jurisdiction.

In the event the User is located outside India and chooses to provide information to the Company by registering on the Platform, the User agrees and consents to the Company transferring the User Data, including the Personal Information, to India, and processing it in India.

Disclosure to Related Companies: The Company may share the User’s Personal Information with its related companies for purposes consistent with this Privacy Policy.

The User’s consent to this Privacy Policy followed by their submission of the Personal Information and User Data represents the User’s agreement to such transfer. The Company shall take all reasonable steps necessary to ensure that all data provided by the User is treated securely and in accordance with this Privacy Policy and no transfer of the Personal Information of any User will take place to an organization or a country, unless there are adequate controls in place.

Communications

The Company reserves the right to use the Personal Information and User Data to contact the respective User with newsletters, marketing or promotional materials and other information that may be of interest to the User. The User may opt out of receiving any, or all, of these communications from the Company by following the unsubscribe link or by emailing at [email protected].

Exclusions

This Privacy Policy does not apply to any personal data collected by the Company other than Personal Information collected through the Services. This Privacy Policy shall not apply to any unsolicited information provided by the User through the Platform or through any other means. This includes, but is not limited to, information posted to any public areas of the Platform and other unsolicited submissions (“Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and the Company shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Security Measures

The Company takes reasonable steps to protect the Personal Information provided via the Platform and the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. The Company has adopted reasonable security practices and procedures, as further described in our information security policy. The User agrees that such measures are secure and adequate. While the Company shall endeavour to take all reasonable and appropriate steps to keep secure any information and prevent unauthorized access, the User acknowledges that, no Internet or email transmission or security measure is ever fully secure or error free. Therefore, the User should take special care in deciding what information to share with the Company. The Company will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by the Company in relation to User Data, including Personal Information.

Third Parties and Links

When the User navigates to a service offered by a third-party, the User’s data is governed by the policies of such third party, over which the Company exercises no control. This Privacy Policy applies solely to the Platform and the Services provided by the Company. Third-party links accessible through the Platform do not imply that the Company endorses or has reviewed such links.

Withdrawal

The User will have the option to not provide consent, or withdraw any consent given earlier, provided that the decision to not provide consent/withdrawal of the consent is intimated to the Company in writing. If the User does not provide Personal Information or withdraws the consent to provide any of the User’s Personal Information at any point in time, the Company shall, at its sole discretion, have the option to revoke the User’s access to the Platform or to suspend/terminate the User’s subscription to its Services.

Amendments

The Company reserves the right to change, update or modify this Privacy Policy, in whole or in part, without prior notice to the User, provided however, that a notification of such change, update or modification will be made available by the Company through the Platform. The User’s uninterrupted and continued usage of the Services provided by the Company shall be deemed as acknowledgement and acceptance of the changes, updates or modifications to this Privacy Policy.

User Grievance

Any User grievance relating to the discrepancies or misuse of information so provided to the Company shall be addressed to the grievance officer appointed by the Company. The grievance officer shall endeavour to address the grievance within 1 (one) month from the date of receipt of such grievance from the User. The User may contact the grievance officer by sending an e-mail to [email protected] with the subject line “User Grievance”