PRIVACY POLICY

This privacy policy (“Policy”) was last changed on 2^nd April, 2023. We may occasionally make changes to the Policy. If we do, we shall notify you by sending you an e-mail. Please make sure to read such notices carefully.

 

We hold the sincere belief that you should always know what data we collect from you, the purposes for which such data is used, and that you should have the ability to make informed decisions about what data you want to share with us.

 

This is why we want to be fully transparent about: (i) how and why we collect, store, share and use your personal data through the various capacities in which you interact with us; and (ii) the rights that you have to determine the parameters of this interaction.

 

While we would strongly advise you to read the Policy in full, the following summary will give you a snapshot of the salient points covered herein:

• This Policy details the critical aspects governing your personal data relationship with ‘Fitekya’ which is owned and operated by AKISMS WELLNESS LLP, a partnership firm incorporated under the applicable laws of India,
• Your personal data relationship with Fitekya varies based on the capacity in which you interact with us/avail of our Marketplace and services (“Services”). You could be: (i) a visitor to https://fitekya.com/   (“Website”) or any pages thereof (“Visitor”); or (ii) a person who has an account with Fitekya 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;
• This Policy applies to all the Services provided by Fitekya through the Website or any other associated website of Fitekya;
• This Policy is a part of and should be read in conjunction with our Terms of Service; and
• This Policy will clarify the rights available to you vis-à-vis the personal data you share with us.

If you have any queries or concerns with this Policy, please contact our Grievance Officer. 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

TYPE OF USER	VISITOR	REGISTERED USER	PATIENT
WHAT DATA WE MAY COLLECT	1.       Your IP Address; 2.       Your location; 3.       How you behave on the Website, (what pages you land on, how much time you spend, etc.); 4.       What device you use to access the Website and its details (model, operating system, etc.); and 5.       Cookies	1.   The name, age, gender, phone number, e-mail address, mailing address; 2.    Your ethnicity, genetics, health or sexual orientation 3.    Username or other relevant unique identifier; 4.   How you behave on the Website, (what pages you land on, how much time you spend, etc.); 5.    Credit card/debit card/other payment mode information to facilitate payments for our Services; 6.   Your IP Address; 7.    Your location unless you deactivate location services in the relevant section of the Website; 8.   How you behave in the relevant services environment and use the features; 9.    What device you use to access the Website and its details (model, operating system, etc.); and 10.Cookies	1.        The name, age, gender, phone number, e-mail address, mailing address 2.        Your lifestyle, food preferences, medical conditions (if any), health goals or other fitness regimes; 3.        Your height, weight; 4.        Your ethnicity, genetics, health or sexual orientation;

 

USAGE OF DATA COLLECTED FROM PATIENTS

It is hereby agreed that the data collected from the patients shall be used to evaluate and curate nutritional pans as per their specific needs. Fitekya may by collecting the personal details of the patients send the nutritional plans and such other details as maybe required to the patient via WhatsApp Messenger or any other mode and medium of communication it may deem fit.

 

SPECIAL CATEGORIES OF PERSONAL DATA

We may collect and process special categories of personal data such as ethnic origin, genetics, health or sexual orientation, which are considered sensitive from you and your Patients. We use this special category of personal data, for example to provide specialized diet plan and exercise routines.

 

WHAT ARE THE COOKIES REFERRED TO ABOVE?

TYPE OF FILE

COOKIES

WHAT THEY DO

Cookies are text files which are sent from our server and downloaded to your device when you visit our Website. They are useful because they allow us to recognize your device when you return. You can disable them through your browser should you so wish. We use cookies to see which parts of our Website are used by Registered Users/Visitors and to record the number of visits to our Website. You can find more information about cookies at: www.allaboutcookies.org

 

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

It might have come to your attention that a new law was passed in the European Union (EU) called the General Data Protection Regulation (GDPR). 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:

RIGHT TO BE INFORMED You have a right to be informed about the manner in which any of your personal data is collected or used which we have endeavoured to do by way of this Policy.	RIGHT OF ACCESS You have a right to access the personal data you have provided by requesting us to provide you with the same.
RIGHT TO RECTIFICATION You have a right to request us to amend or update your personal data if it is inaccurate or incomplete.	RIGHT TO ERASURE You have a right to request us to delete your personal data.
RIGHT TO RESTRICT You have a right to request us to temporarily or permanently stop processing all or some of your personal data.	RIGHT TO OBJECT You have a right, at any time, to object to our processing of your personal data under certain circumstances. You have an absolute right to object to us processing your personal data for the purposes of direct marketing.
RIGHT TO DATA PORTABILITY You have a right to request us to provide you with a copy of your personal data in electronic format and you can transmit that personal data for using another third-party’s product/service.	RIGHT NOT TO BE SUBJECT TO AUTOMATED DECISION-MAKING You have a right to not be subject to a decision based solely on automated decision making, including profiling.

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

 

3.             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 is 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 to resolve disputes and enforce our agreements.

 

4.             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.

 

5.             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 Fitekya, 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.

 

6.             SECURITY OF YOUR PERSONAL INFORMATION

We implement industry-standard technical and organizational measures by using a variety of security technologies and procedures to help protect your data from unauthorized access, use, loss, destruction or disclosure.

The collection, storage, usage, and sharing of your data by the Company shall be in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and other applicable laws.

We have taken appropriate steps for the security and protection of all our digital platforms, 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 epidemic, pandemic, tornado, cyclone, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.

 

7.             ACCESS, CORRECTION & DELETION

You may request access, correction or updation, and deletion of the data by contacting support@fitekya.com 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.