Last updated on March 13, 2024
This document is an electronic record in terms of Digital Personal Data Protection Act, 2023 and rules made thereunder as applicable. No physical or digital signatures are required being an electronic record.
Fitterfly Healthtech Private Limited ("Company”/ "We”/ "Us”/ "Fitterfly”) is committed to upholding the privacy and security of the information supplied by every person (“User”/“You”) accessing and using any version of the ‘Fitterfly Wellness’ application (“App”) and ‘https://www.fitterfly.com/’ (“Website”) on a compatible device. This privacy policy (“Privacy Policy” ) briefly provides the manner in which We collect, use, share and/or transfer User information.
Fitterfly is a health-tech company working in the field of Digital Therapeutics (DTx) using technology and science to treat individuals with ailments like diabetes, obesity, and many others, as well as help people reach their health goals.
By accessing or using the App and/or Website (“Platform"), You signify that You have read, understood and agree to be bound by this Privacy Policy and have consented to the collection, use, storing, processing, disclosing, transferring, and protecting of User’s Personal Data as described in this Privacy Policy If Users are using Fitterfly’s services on behalf of another entity, then, User hereby represents that User is authorised by such entity to accept the terms of this Privacy Policy and further consent on behalf of such entity to Fitterfly’s collection, use, storing, processing, disclosing, transferring, and protecting of such entity’s information as described in this Privacy Policy.
We reserve the right to update or modify this Privacy Policy at any time without prior notice and such changes shall be effective immediately upon posting the updated or modified Privacy Policy on the Platform and We shall periodically inform you of any modifications hereof and of this Privacy Policy as detailed in Clause 10 (Notifications) below. Your access and use of the Platform following any such change constitutes your agreement to follow and be bound by this Privacy Policy, as updated or modified. For this reason, We encourage You to review this Privacy Policy each time You access and use the Platform. Your use of the Platform and any disputes arising therefrom, is subject to this Privacy Policy.
Unless otherwise defined herein, the capitalised terms in this Privacy Policy shall have the meaning ascribed to the term in our Terms and Conditions.
User acknowledges that this Privacy Policy is part of the Terms & Conditions of the Platform by accessing and/or using the Platform or by otherwise providing Us with their Personal Data or by making use of the services provided by the Platform, User unconditionally signifies their (i) consent to the Privacy Policy, and (ii) consent to collect, use, store, process, disclose, transfer, and protect User’s Personal Data in accordance with the provisions of this Privacy Policy and applicable laws.
User acknowledges that User is over 18 years of age and is providing their Personal Data out of their free will. In case User is under the 18 years of age, it is clarified that Fitterfly does not engage with minors and disclaims any Personal Data collected, or stored, used, or processed, disclosed, or transferred of the minor on account of misrepresentation made in regard to the age of such person.
In case our Website is accessible to children under the age of 18. User under the age of 18 is allowed to participate only in the presence of their lawful guardian. We will not intentionally collect any personal information without receiving consent of the lawful guardian as per provisions of Section 9 of the Digital Personal Data Protection Act, 2023. The processing of such data is verifiably safe and will be within the purpose of the Website. Fitterfly respects the privacy of minors, the Website and services are not intended for unsupervised use by minors. In case We inadvertently use/process the information of any minors, please contact Grievance Officer immediately. Although the Website and services are not intended for use by minors, Fitterfly respects the privacy of minors who may inadvertently use the Website.
The Services provided by Fitterfly is subject to the User providing complete and accurate data.
User has an option to withdraw his/her consent at any point, provided such withdrawal of the consent by following procedure in Clause 6. If User chooses to withdraw, this may result in Fitterfly withdrawing its services and / or terminate its existing relationship with the User. However, Fitterfly will retain necessary information for completion of existing transactions and for any litigation or audit purposes.
Information Collected
In order to provide services to User, We shall collect personal information of the User, by which he/ she/ it, as a person can be identified, including without limitation, name, gender, age, date of birth, height, weight, mobile number, health and fitness related information, your diagnostic test reports that you share with us or request third party service providers to share with us, etc (“Personal Data”) It is hereby clarified that, such personal information shall include:
Name of the User;
Date of Birth of User
Gender
Address
Phone Number
Email Address
Location
physical, nutritional, fitness, medical, and other information, including without limitation, physiological factors such as weight, sleep patterns, posture, diet and exercise, various health symptoms, as may be required for the effective use of the Platform (“Physical Data”).
information that does not reveal the identity of the User in any way, including without limitation, the details of the User’s browser and operating system, time spent using Platform, other webpages visited by the User, unique identifiers of the Device, information of Wi-Fi connectivity, etc. (“Other Information”).
GPS signals, device sensors, Wi-Fi access points, and cell tower IDs for displaying the User’s location on a map (“Location Data”).
User’s payment information shall not be stored on the Platform, except for name and address of the card holder.
Additional information may be gathered during subsequent use of the Platform by the User, whenever the User willingly provides it.
In order to use the facilities and services available on the Platform, the User may be required, from time to time, to provide additional personal information after registration on the Platform, which information shall be collected only upon receiving the User’s express consent.
We may also automatically receive and collect certain anonymous information in standard usage logs through the web server, including mobile-identification information obtained from the equivalent of "cookies" sent to the Platform, including mobile network information, standard web log information, usernames, passwords, and other security and usage related information, traffic to and from our Platform, tracking inside the Platform, log data, analytical code, time stamp, geo stamp, version and identification number of the Device, browser type, browser language, the date and time of Your request, Your profile, websites visited by You, search terms used, platform type, number of clicks, phone number, requested status of other Users and various status information and other personal setting information with regard to Your usage of the Platform and any other available information (“Usage Information”), from:
an IP address, assigned to the device used by the User;
the domain server through which the User accesses the Platform and the functions and features therein; and
the type of device used by the User (“Device”).
It is hereby clarified that such Usage Information collected is not associated with any Personal Data and is tagged to the unique identifier of a particular Device. The information obtained from cookies is used to optimize users’ experience, analyse traffic on the Website and track user trends. by customizing Our web page content based on visitors’ browser type and/ or other information. This data is for internal use of the company and will not be transferred to a third party. Cookies can be permanent or temporary. Users may choose to adjust their cookie settings on their device. If removed, User may be prevented from using certain features of our Website. We do not control the use of cookies by third parties.
The User may and after taking its specific consent choose to provide Us with access to personal information including name, email and location stored by third parties like social networking sites (e.g. Facebook and Twitter). We shall have access to such information to the extent allowed by the User’s privacy settings on that site and the User’s specific authorization. In the event the User associates a User account managed by Us with an account maintained with any third party to enable Us to access information (including name, email id and phone number) maintained in such third party managed accounts, the User agrees that We may collect, store and use such information in accordance with this Privacy Policy. The data collected by such third party is used for the purpose of the Services provided in the Platform.
In order to enhance our ability to provide valuable services and experiences to the User, We may:
Automatically receive, collect and analyse your location information which may be accessed through a variety of methods including, inter alia, GPS, IP address, and cell tower location; and
Collect information pertaining to your Device and your usage thereof, including, inter alia, the names of the other applications on your mobile Device and how you use them, information about your Device, and information about your use of features or functions on your Device.
By providing us your Personal Information, or Information, you provide your express consent to us to collect, store, process, transfer (including outside India) your Personal Information or Information in accordance with the terms of this Privacy Policy.
Method And Manner of Use Of User information
We shall also use the User information to enable activities and transactions that need to occur during the process of lending, such as:
Generating and maintaining User profiles on the Platform;
Provide personalized features;
Maintaining regular communications with the User;
Modifying the Platform from time to time to cater to the User’s interests;
Providing the Platform and the functions and features therein, efficiently;
Making charts and comparisons;
Personalizing the fitness statistics;
Calculating the average to determine the Users’ fitness assessment reports;
Software verification or administering software upgrades;
Allowing the Users to participate in surveys regarding services on the Platform;
Improving Users’ experience;
Providing custom, personalized content and information;
Monitoring the effectiveness of marketing campaigns by Us;
Monitoring aggregated metrics such as total number of visitors and traffic;
Maintaining the quality of services on the Platform and providing general statistics regarding their use;
Sharing email notifications, confirmations, technical notices, updates, security alerts, and support and administrative messages that the Users may request;
Maintaining archival or backup of the Platform;
Altering the User about updated information and such other new or updated services that may be offered by Us;
Allowing access to exclusive features or functionality of the Platform;
Resolving disputes, collect fees and troubleshoot problems.
Co-ordinating and Collecting Blood Samples from the User;
Co-ordinating for attachment of Continuous Glucose Monitoring Devices (“CGMS”);
Sharing of data with third parties such as insurance companies or pharmaceutical companies in case we have joint programs with such third parties;
Sharing of test reports and other Personal Information or Sensitive Personal Data or Information with third party registered medical practitioners upon specific request by the User;
Arranging of expert consultations;
to monitor our infrastructure and screen for potential risk and fraud (in particular, User’s IP address), and more generally to improve and optimize our Platform (for example, by generating analytics about how our users browse and interact with the Platform, and to assess the success of our marketing and advertising campaigns);
to comply with applicable law; and
for any other purposes that are permissible under applicable law.
You acknowledge that you allow Us to use, modify, display, distribute and from the information you provide through the Platform to render certain services on the Platform. By providing such information, you agree that the owner of such information has expressly agreed to allow. We may, to the extent permitted by law, also use, license, reproduce, distribute disclose, and aggregate, non-personally identifiable information that is derived through your use of the Platform and you hereby provide consent for the same.
Sharing Of Information.
We shall not use User information for any purpose other than in connection with the Platform and as specified herein. We shall not rent, sell or share User information and shall not disclose any of the User’s personally identifiable information to third parties, unless:
it is pursuant to obtaining the User’s permission;
it is in connection with the services being rendered through the Platform;
it is to help investigate, prevent or take action regarding unlawful and illegal activities; suspected fraud, potential threat to the safety or security of any person, violations of the Company’s terms and conditions (“Terms of Use”), or as defence against legal claims;
it is a case of special circumstances such as compliance with court orders, requests/order, notices from legal authorities or law enforcement agencies compel us to make such disclosure;
it is in connection with matters relating to the usage of the Platform by User to help detect and prevent identity theft, fraud and other potentially illegal acts; correlated or multiple accounts to prevent abuse of services on the Platform;
it is to facilitate joint or co-branded services that the User requests, where such services are provided by more than one corporate entity other than the Company;
it is required to do so by law or regulation; to its legal counsel, law enforcement officers, governmental authorities who have asserted their lawful authority to obtain the information or where the Company has in good faith reasonable grounds to believe that such disclosure is reasonably necessary to enforce its Terms of Use or this Privacy Policy;
there is a merger with or transfer of business of the Company to another business entity, the Company shall transfer User’s Personal Information and such other information collected to the entity which acquires the business. In such cases, the Company shall require that the new business entity to follow this Privacy Policy with respect to the Personal Information; and
Provided further that Fitterfly shall ensure that the recipient of the User’s information maintains the same level of data protection that is adhered to by Fitterfly as provided for under this Privacy Policy.
The Company urges User to maintain confidentiality and security while distributing Personal Data, Fitterfly disclaims liability from any infringement caused by breach of security of any third party which are beyond the reasonable control of Fitterfly including but not limited to, acts of government, unauthorized access to the computer data or storage device, errors due to technology, computer hacking, poor internet quality and telephone services of the User,
Information Security.
We have implemented reasonable security practices and standards in compliance with Industry Standards to store the information provided by the User. We follow a comprehensive documented information security programme and information security policies that contain managerial, technical, operational, and physical security control measures including security measures like role-based access, password protection and encryption that are commensurate with the information assets being protected with the nature of business. Access to affiliates, third parties and employees is restricted to the purpose and need to know basis and within guidelines of Data Protection Rules and Regulations and Privacy Policy. If a password/OTP is used to help protect User accounts and account information, it is the responsibility of the User to keep the password confidential. You have to ensure that You always log out, before sharing the device with a third party and it is advised that the User utilize a service to protect access to the User’s Device.
We shall use generally accepted industry standards to protect the User information submitted to Us, both during transmission and upon receipt. However, please be advised that, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, even though We strive to use commercially acceptable means to protect User information, We cannot guarantee its absolute security and User’s use of the App is at User’s sole risk and discretion. The company disclaims all liability for any errors caused during such transmission. We also cannot warrant that such User information may not be misused in the event our safeguards and protocols are breached by a malicious third-party. Further, we disclaim all liability for actions by Users who they have shared their information with any third party.
The collection, usage, and sharing of User information by us shall be in compliance with the Digital Personal Data Protection Act, 2023 and other applicable laws.
However, User is advised to maintain reasonable security measures in protecting sensitive data. Fitterfly will take all reasonable steps to maintain security. Company will not be liable for any breach of security beyond reasonable measures, or any unintended loss or disclosure of information caused in relation to User’s Personal Information.
Third Party Privacy Policies.
Fitterfly does not disclose Personal Data to third parties in the normal course of operations. Our Privacy Policy does not apply to other advertisers, Websites, or applications. User must use his/her own discretion while accessing third-party Websites, Fitterfly bears no liability in this regard. The User is hereby advised to consult the privacy policy of the respective third-party servicers for information on their policies and practices.
Procedure For User Withdrawing Consent for Processing Personal Data.
The User shall, at any time while availing the services or otherwise, also have an option to withdraw its consent given earlier to the Company. Such withdrawal of the consent shall be sent in writing (care@fitterfly.in) to the Company. We shall, subject to the terms hereof, remove and/delete all such information. Fitterfly will store personal information for a reasonable period from the last date of use of the service of the Platform or as long as required by law. User’s Data is not processed by the Company once the User withdraws his consent.
If the User no longer wishes to receive notifications about our services, The User may change his/her notification preferences by contacting us at contact@fitterfly.in. We reserve the right to close the User account if the User opts out of receiving certain crucial notices that are required by Us to perform the services through the Platform.
It is hereby clarified that the Company shall retain such information as collected for registration for a period of one hundred and eighty days after any cancellation or withdrawal of the User’s registration, as the case may be.
Advertisements.
The User may correct or update any information online. In the event of loss of access details, the User may retrieve the same or receive new access details by sending an e-mail to: contact@fitterfly.in.
The advertisers may also use information about Your visits to the Platform and other websites to target advertisements for goods and services. This information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. Such third parties are not permitted to sell or share Your personally identifiable information as part of this process.
Certain third-party vendors, advertising platforms, remarketing platforms, and customer query management platforms use cookies to serve advertisements based on the User's prior visits to our Platform.
Procedure For Correcting Inaccuracies In User Information.
The User may correct or update any information online. In the event of loss of access details, the User may retrieve the same or receive new access details by sending an e-mail to: contact@fitterfly.in.
Grievance Officer.
In accordance with Digital Personal Data Protection Act, 2023 and rules made there under, the name and contact details of our Grievance Officer are provided below:
| NAME: | Rajendra Kumar Kalla |
| ADDRESS: | Fitterfly 503, Akshar Blue Chip Corporate Park, Turbhe, MIDC, Navi Mumbai-400705, Mahrashtra |
| TEL: | 022 48971077 |
| EMAIL: | rajendra.kalla@fitterfly.in |
The Grievance Officer shall acknowledge the complaint within twenty-four hours and dispose off such complaint within a period of fifteen days from the date of its receipt;
The Company shall, within twenty-four hours from the receipt of a complaint made by a User, in relation to any content which is prima facie in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored, published or transmitted by it.
The Company shall implement a mechanism for the receipt of complaints under clause 8 (c) which may enable the individual or person to provide details, as may be necessary, in relation to such content or communication link.
Notifications.
The Company shall periodically inform its Users, at least once every year, that in case of non-compliance with the Terms of Use or this Privacy Policy, it has the right to terminate the access or usage rights of the Users to the Platform immediately or remove non-compliant information or both, as the case may be.
The Company shall periodically inform its Users, at least once every year, that in case of non-compliance with the Terms of Use or this Privacy Policy, it has the right to terminate the access or usage rights of the Users to the Platform immediately or remove non-compliant information or both, as the case may be.
