Privacy Policy

We at Diverse Retails Private Limited (-------) know that you as a user ('You', 'Your', ‘User(s)’) care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy...

How We Use the Information We Obtain

Respond to your requests and inquiries
Communicate with you about ------- Health
Provide services or features that you request, including sync services
deliver customized content, such as importing your workout routine from another app into ------- Health, and recommendations tailored to your interests and the manner in which you interact with ------ Health.
provide promotions and offers by way of direct marketing communications, only where you have given us your separate consent;
operate, evaluate, and improve our business (including developing new products, enhancing and improving our products and Samsung Health, managing our communications, analyzing our products, consumer base, and ------ Health, performing data analytics, and performing accounting, auditing, and other internal functions).
protect against, identify, and prevent fraud and other criminal activity, claims, and other liabilities.
comply with and enforce applicable legal requirements, relevant industry standards, and our policies, including this Privacy Notice.

We may use and combine the information we collect about you from ------- Health with data from other services or features you use and your devices, and other sources, to provide you with a better experience. We may also use the information you provide directly or through other sources as described above to provide content you may like or that has been personalized. For example, when you link ------ Health to certain third party apps, services, or devices, we may provide a recommendation related to or based off this linking.

WHY and HOW Do We Use Your Personal Data?

We use your personal data in the following ways:

To Provide the Features of the Platform and Services You Request

When you use our Platform, we will use your personal data to provide the requested product or service. For example, if you make a purchase on ------ or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you contact our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question.
If you use our Platform to track your fitness activity or physical characteristics, we will collect this personal data and store it so that you can review it in the Platform. Your fitness activity data may include data you enter about your activity or data collected by your device during your activity such as locationdata and movement data. We may use this activity data to calculate further information about your activity, such as distance run, or calories burned, so that the calculated information can be provided to you as part of the functionality of the Platform.
In many cases, to use particular features within our Platform you may need to provide ---- with additional data or additional consent to use particular data in a certain way. For example, to use the heart rate tracking features of our Platform, you may need to connect to a heart rate monitoring device. Similarly, to share content on social media, you may be required to provide your social media account credentials to sign in.

To Communicate Information about our Products, Services, Events and for Other Promotional Purposes

When you consent, we will send you marketing communications and news concerning ----- products, services, events and other promotions that may be of interest to you. You can opt-out at any time after you have given your consent.

Direct MarketingIf you are an existing customer of ----- (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar ----- products or services where permitted by applicable law (unless you have opted-out). In other cases, we ask for your consent to send you marketing information.

PersonalizationWe may use the information that you provide to us as well as information from other Nike products or services - such as your use of ----- Platform, your visits to or purchases made in ----- stores, your participation in Nike events and contests - to personalize communications on products and services that may be interesting for you. In doing so, we may combine the information you provide to us with information that we create about your online activity, including internal insights and analysis.

To Operate, Improve and Maintain our Business, Products and Services

We use the personal data you provide to us to operate our business. For example, when you make a purchase, we use that information for accounting, audits and other internal functions. We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Platform.

To Protect Our or Others' Rights, Property or Safety

We may also use personal data about how you use our Platform to prevent, detect or investigate fraud, abuse, illegal use, violations of our Terms of Use, and to comply with court orders, governmental requests or applicable law.

For General Research and Analysis Purposes

We use data about how our visitors use our Platform and services to understand customer behavior or preferences. For example, we may use information about how visitors to----- search for and find products to better understand the best ways to organize and present product offerings in our storefront.

Use (Processing) of Workout Info

As discussed above, ----- collects data about your fitness activity or your physical characteristics , together, “Workout Info”, to provide our services on our Platform. Because of the personal nature of this data, we strive to provide you with clear information about how Workout Info will be used. As this data may be considered sensitive in certain jurisdictions, we take appropriate measures in protecting and using this data and, where required by applicable law or under ------ internal policies, will obtain your consent for use of your Workout Info.

Other Purposes

We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.

Information you provide to us:

We receive and store any information you knowingly provide to us, including:

Personal information collected at the time of your registration on the Mobile App/website, including your name, username, email address, gender, birth date, height, location;
Personal information and SPDI (where necessary) collected for provision of the Services on the Mobile App/website, including your nutrition data, dietary and lifestyle information, information related to height, weight and body measurements, passwords, workout related data (including outputs from your device camera for “live energy” tracking or conducting live workout sessions), physical activity, photographs, biometric information, genetic information, information, race and ethnicity-related information, family-related information (to the extent necessary for effective provision of Services), sleep habits; and other sleep, activity, or health-related information and insights for our Services and Products;

Bank details for payment processing;
Details about your health, mental wellbeing, disabilities or other health related information such as vaccination status, past and present medical information , all collected for the safety of our other users and premises that they access, the discharge our duties as an employer, or to provide certain benefits;
Data in your mobile address book to help users find other users who have enabled ‘squads’ and set their profiles as public. We do not otherwise process information from the address book for any other purpose;
Information relating to your access and usage of premises, and sessions, including workouts, number of activities and users, data collected at our reception desks and kiosks, CCTV footage for common areas collected in accordance with applicable CCTV policy .

The information collected from you as set-out above constitutes ‘personal information’ or ‘sensitive personal data or information’ (“SPDI”) in terms of the SPDI Rules. You hereby consent to collection of such information.

You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features / Products. We may anonymize your personal information so that you cannot be individually identified, and provide that information to our partners. For example, you may tell us that you are female and sleep an average of 6 hours per night; we may combine this information with content received from our other users, and disclose to our partners that on the whole, our male users sleep more hours per night than our female ones,

Information collected automatically:

When we collect usage information (such as the numbers and frequency of visitors to the Mobile App), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Mobile App, so that we can make the Mobile App appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often people use our Mobile App, so that they, too, can provide you with an optimal online experience. We never disclose aggregate information to a partner in a manner that would identify you personally.

If you are using our Products, you understand and acknowledge that, any information, data or readings from the Product, or collected from Your use thereof, will be automatically uploaded to your account with us. To the extent these automatically collected readings can be used to personally identify you, these readings are personal information for the purposes of this privacy policy.

WILL WE SHARE ANY OF THE PERSONAL INFORMATION WE RECEIVES?

We neither rent nor sell your personal information in personally identifiable form to anyone. We share your personal information in personally identifiable form with third parties only as described below. In terms of the Diverse Services, we shall share the information collected from You with only such third parties in relation to whom you provide express consent.

Affiliated businesses and third-party websites we do not control: In certain situations, businesses or third party websites we're affiliated with may sell items or provide services to you through the Mobile App (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your personal information with that affiliated business only to the extent that it is related to such transaction or service.
Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide Products or services to you. Unless we tell you differently, our agents do not have any right to use the personal information we share with them beyond what is necessary to assist us.
User submissions: Any content or personal information that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others.
Business transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, personal information would be one of the assets transferred to or acquired by a third party.
Protection of ----- and others: We may release personal information when we believe in good faith that release is necessary to comply with laws; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of ------, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Offers, programs and benefits: We may offer certain programs (such as loyalty programs), benefits and offers provided by our affiliates, partners or third parties, which are complementary to our products or services or otherwise offer you a continuum of service offerings similar to the services or products offered on the Platform.
With your consent: Except as set forth above, you will be notified when your personal information may be shared with third parties and will be able to prevent the sharing of this information.

Is personal information about me secure?

Your account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We will put in place measures to ensure that Your information in our possession or under our control is destroyed and/or anonymized reasonable after: (a) the purposes for which Your information was collected is no longer being served by the retention of such information; and (b) retention is no longer necessary under any applicable law. Your data may be anonymized, de-identified and/or aggregated, and the resulting data may be held by us, our affiliates, service providers and sellers on the Mobile App, associates, agents, representatives, and other authorized third parties, for as long as necessary for us to provide the services effectively or for other purposes.

We endeavor to protect the privacy of your account and other personal information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

Mobile App may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site's privacy policy.

Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Mobile App or otherwise is at your own risk.

YOUR RIGHTS Relating to Your Personal Data

You have the right to request:

access to your personal data;
an electronic copy of your personal data (portability) and to have this information transmitted to another company;
correction of your personal data if it is incomplete or inaccurate; or (iv) deletion or restriction of your personal data in certain circumstances provided by applicable law. These rights are not absolute. Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time.

If you like would to request a copy of your personal data or exercise any of your other rights, please email us at connect@fluentx.in

MEMBERSHIP/REGISTRATION FOR THE SERVICES

Once you complete registration on the Website/App, you will be a member which:
1. allows you to access and post content on the Website/ App/Marketplace;
2. allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website/App or describing new services that we enable on the Website/App;
3. allows you to access and purchase Products on the Marketplace, subject to the terms and conditions set out herein;
4. allows you to make use of the Services on the Website/ App subject to these terms and conditions;
5. does not allow you to use email addresses displayed on the Website/ App for any purpose other than that specifically authorized by us.
By providing ------ your email address/ phone number you consent to:
1. our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of Service-related communications videemail/mobile number or entirely.
2. Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the App.
3. Our using on your email address, home address, phone number and other ancillary information to fulfil the orders placed by you on the Marketplace; and
4. Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending us an email at:connect@fluentx.in
5. .Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.
6. Grant such permission to contact you through telephone, SMS, e-mail and holds the Company (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case your mobile number is registered with Do not Call (DNC) database.

Restrictions on Content

Your contribution must not:

belong to another person and contain any information that you do not have any right to;
Be defamatory of any person;
Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libelous, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, notified videNotification G.S.R 313(E) issued by the Ministry of Communications and Information Technology or other applicable laws containing offences relating to content that is publicly accessible;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
Be harmful to minors;
Infringe any intellectual property including copyright, database right or trade mark of any other person;
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Be likely to harass, upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person;
Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
Be such that it is known by you to be false, inaccurate or misleading;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Be content for which you were compensated or granted any consideration by any third party;
Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.

We hereby reserve the right to take down any content posted by you, which, in our sole discretion falls under the above restrictions.

RIGHTS RESERVED BY HEALTHIFYME

We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/App/Marketplace constitutes a violation of their intellectual property rights, or of their right to privacy.
We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and condition, this Agreement or the Privacy Policy.
We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.
While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website/ App/Marketplace and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Subject to the receipt of a complaint from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some of the Services, ------may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these terms and conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of--------, its Users and the public. ------shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.
We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website/App itself.
------- shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

BREACH OF CONTENT STANDARDS

When we consider that a breach of the content standards (as stated above) has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the terms of use on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Website/App;
Immediate, temporary or permanent removal of any contribution already posted on the Website/App/Marketplace using the Services, upon your failure to cure the breach that is brought to your notice;
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against you; and
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

Upon such termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers. All licenses granted to you by -------- to the Website/App/Marketplace or the Services will automatically terminate.

BILLING AND PAYMENT

Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. ------- may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
It is your responsibility to promptly provide ------- with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). ------ does not validate all credit card information required by the Customer's payment provider to secure payment.
Should you choose to upgrade any of the Services provided, through in-app purchases, payment will be charged to your credit/debit card and net banking through your iTunes account or Google Play Billing account at confirmation of purchase. Subscription renews automatically unless cancelled at least 24 (twenty four) hours prior to the end of the subscription period. Please note all in-app purchases in excess of Rs. 2,000 (Rupees Two thousand) per transaction shall be subject to additional factor authentication as mandated by the Reserve Bank of India.
You must notify -------about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to ------attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.
In respect of purchases made on the Marketplace, you hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefor.

OFFENCES

You must not misuse our Website/App/Marketplace by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website/ App/Marketplace, the server on which our Website/ App/Marketplace is stored or any server, computer or database connected to our site. You must not attack our Website/ App/Marketplace via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/ App/Marketplace will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website/ App/Marketplace or to your downloading of any material posted on it, or on any Website/App/Marketplace linked.

LEGAL GROUNDS

To process your personal data, we rely on certain legal grounds, depending on how you interact with our Platform.

* When you purchase Nike products from our Platform, we need your personal data to fulfill our contract with you. For example, we need your payment and contact details to deliver your order.

* When you use our Apps, we rely on your consent for processing and for certain limited purposes to fulfill our contract with you (for example, for in-App purchases).

* We also rely on other legal grounds, such as our legitimate interests as a business to process information about the effectiveness of our marketing campaigns, our products, services, events and other promotional initiatives; to operate, improve and maintain our business, products and services; to protect our or others' rights, property or safety; and for general research and analysis purposes. When processing personal data for our legitimate interests, we take appropriate measures to ensure that the interests we pursue are balanced with your interests, rights and freedoms, which we are happy to explain upon request.

* We also process your personal data, to comply with a legal obligation, or to protect your vital interests.

OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS

All right, title and interest in usage of the terms HealthifyMe.com, ------including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of ------Wellness Products and Services Private Limited and its licensors. Any use of this Website/ App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of ------Wellness Products and Services Private Limited.
Except as expressly provided in these terms of use, no part of ------and no content or marks, data, statistics, independent research conducted and posted by --------may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
By accepting the use of terms hereunder you agree that the ------does not transfer/assign the title to the Website/App to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by------, we retain the full and complete right, title and interest to the Website/App, and all intellectual property, title and interest to the Website/App, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website/App in any manner which is contrary to this Agreement.
Any usage of -------- contents, without the written authorization of-------, shall be considered a breach of this Agreement, and you shall be required indemnify -------for all liability incurred in this regard.

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features / Products. We will retain Your personal information for a reasonable period or as long as the law requires. If you’d like us to delete/modify Information that you have provided via the Mobile App or otherwise to us, please contact us at connect@fluentx.in or contact our Grievance Officer and we will respond in a reasonable time. Please note that some or all of the Information provided by You to us may be required in order for the Mobile App / Products to function properly.

You may be able to add, update, or delete information as explained in section above. When you update information, however, we may maintain a copy of the unrevised information in our records. Please note that some information may remain in our private records after your deletion of such information from your account. We may use (or transfer to our affiliates, group entities or authorised third parties) any aggregated data derived from or incorporating your personal information after you update or delete it, but not in a manner that would identify you personally.

If you do not wish to receive email or other mail from us, please email us at: connect@fluentx.in or contact our Grievance Officer. Please note that if you do not want to receive legal notices from us, such as this privacy policy, those legal notices will still govern your use of the Mobile App and the Product, and you are responsible for reviewing such legal notices for changes.

If you wish to opt-out of any services, offers, benefits, etc. offered by us or sellers on the Platform or their group entities or third party business alliance partners, you may do so in accordance with the terms specified to You by such affiliate/group entity. You are requested to carefully track notices sent to you, from time to time. To the extent that you do not expressly choose to opt-out of services, they may be provided to you on the basis that you have opted in to them.

Changes to this privacy policy

We may amend this privacy policy from time to time. Use of information we collect now is subject to the privacy policy in effect at the time such information is used. If we make changes in the way we use personal information, we will notify you by posting an announcement on our Mobile App or sending you an email. You are bound by any changes to the privacy policy when you use the Mobile App, Product or Service after such changes have been first posted.