PRIVACY POLICY

Last updated September 28, 2020

 

 

Thank you for choosing GymCounselor (“GymCounselor”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at support@gymcounselor.com.

 

The use of our Platform which includes Internet pages of GymCounselor Website – [www.gymcounselor.com] (hereinafter referred to as "Website") and our related Websites, Applications, Services, Products and content (together with the Website, collectively referred to as “Services”) is possible without any indication of personal data; however, if a data subject wants to use our services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

 

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in accordance with the Information Technology Act, 2000 and published in accordance with the provisions of Rule 4 of  the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 applicable to GymCounselor. By means of these data protection declarations, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

 

When you visit our website, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites and our services. 

 

This privacy policy applies to all information collected through our website (such as www.gymcounselor.com), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the "Services").  

 

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

 
 IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE WEBSITE/MOBILE APPLICATION.

 

 

 

 

 

1. WHAT INFORMATION DO WE COLLECT?  

  

Information you provide

 

In Short: We collect certain personal information necessary to provide you services, when you create an account with us. 

 

·         We collect personal information such as your name and email address when you create an account with us.

·         We require certain personal information to provide you services such as
-  your birth date, gender, phone number, mailing address;
- your weight, height, lifestyle, food preferences, nutrition data, workouts, physical activity, photographs, medical conditions, health goals, steps, sleep habits or other fitness regimes and health-related information as our services and products are further developed;

·         Your Contributions. Information and content, you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content, and message or communicate with others. This can include any information in or about the content (including without limitation, any text, information, graphics, messages, photos, images, location of a photo, the date a file was created, nutritional information contributed to the Food Database and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as message boards, recipe logging), whether in connection with your use of the Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.

·         Your Messages. We store messages, photos, videos and documents from your chats on our servers so that you can access your chat data from any of your devices anytime without having to rely on third-party backups. All data is stored encrypted. Our developers do not access the user data.

·         Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by RazorPay. 

Information automatically collected

 

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Services .

 

We automatically collect certain information when you visit, use or navigate the Services through our Apps or Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

 

Like many businesses, we also collect information through cookies and similar technologies.   

 

2. HOW DO WE USE YOUR INFORMATION?

In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.  

We use personal information collected via our Services or Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
   
We use the information we collect or receive:  

·         To facilitate account creation and logon process. If you choose to link your account with us to a third-party account *(such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed " HOW DO WE HANDLE YOUR SOCIAL LOGINS " for further information.    

·         To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the " WHAT ARE YOUR PRIVACY RIGHTS " below).           

·         To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.             

·         To track your nutrition intake, weight and fitness routine. GymCounselor Coaches require information about your eating habits, changes in your body weight and your fitness regime to craft a personalised Nutrition and Training Plans and to monitor your progress.

·         Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.           

·         To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at support@gymcounselor.com and be sure to include your name, testimonial location, and contact information.                   

·         Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in competitions.               

·         Request Feedback. We may use your information to request feedback and to contact you about your use of our Services or Apps.                      

·         To protect our Services. We may use your information as part of our efforts to keep our Services or Apps safe and secure (for example, for fraud monitoring and prevention).                     

·         To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.                               

·         To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.               

·         To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.                           

·         To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.      
                          

·         To deliver services to the user. We may use your information to provide you with the requested service.       

·         To respond to user inquiries/offer support to users.  We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.       

·         For Marketing, Publicity & Promotions. GymCounselor may also publish User’s name, voice, likeness and other Personal Information that is part of User’s User Content, and GymCounselor may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities, provided that GymCounselor will not exercise such rights as to any User Content which identifies User in a public manner unless User provides a separate consent to GymCounselor in writing (email is sufficient) authorizing such use. For full terms and conditions regarding User Content User submits to the Service, please review GymCounselor Terms & Conditions. GymCounselor is not responsible for the accuracy, use or misuse of any User Content that User discloses or receives from third parties through the Service.

 

·         For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services or Apps, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.           

                  

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?  


 In Short:
  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.       

We may process or share data based on the following legal basis:

·         Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

·         Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

·         Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

·         Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

·         Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations: 

·         Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: GymCounselor Coaches’, payment processing, data analysis, email delivery, hosting services and marketing efforts. We may allow selected third parties to use tracking technology on the Services or Apps, which will enable them to collect data about how you interact with the Services or Apps over time. This information may be used to, among other things, analyse and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.

·         Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Services) or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly made available outside the Services in perpetuity. If you interact with other users of the Website, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, posting comments, posting reviews, following Forums.

·         Online Postings. When you post comments, contributions or other content to the Website, your posts may be viewed by all users and may be publicly distributed outside the Website in perpetuity.

·         Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

·         Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services or Apps. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.          

·         Third-party Websites. The Website may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Website, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Website/Mobile Application.  

 

4. WHO WILL YOUR INFORMATION BE SHARED WITH?

 

In Short: We only share information with the following third parties.

 

We only share and disclose your information with the following third parties. We have categorized each party so that you may easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?".

·         Cloud Computing Services

·         Amazon Web Services (AWS) (Privacy Policy)

·         Invoice and Billing

·         RazorPay (Privacy Policy) 

·         User Account Registration and Authentication

·         Facebook Login 

·         Google Sign-In

·         Web and Mobile Analytics

·         Google Analytics (Privacy Policy) (GDPR Compliance)

·         Planning Nutrition & Fitness Plan

·         GymCounselor Coach

 

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?


 In Short:
  We may use cookies and other tracking technologies to collect and store your information.  
 
Cookies and Web Beacons  

You can visit our website without giving away your personal information. We may use cookies, Google Analytics, web beacons, tracking pixels, and other tracking technologies on the Website to help customize the Website and improve your experience and analyse how the Website is used. The information collected by Google Analytics is anonymous Traffic Data on the website. We do not collect any additional information such as name, age, gender, etc upon your usage of the Website without the need to create an account.    

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.


For more information on how we use cookies, please refer to our Cookie Policy posted on the Website which is incorporated into this Privacy Policy. By using the Website, you agree to be bound by our Cookie Policy.

 

Website Analytics    

We may also partner with selected third-party vendors, such as Google Analytics, to allow tracking technologies and remarketing services on the Website through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Website, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, If you do not want any information to be collected and used by tracking technologies, you can find The Google Analytics privacy policy hereYou can learn more about how to opt-out of tracking in Google Analytics here or Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

 

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings. 


6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?  


In Short:  If you choose to register or log in to our services using a social media account, we may have access to certain information about you.      

Our Services offer you the ability to register and login using your third-party social media account details (like your Facebook or Google logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.         
 
We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites.


7. HOW DO WE KEEP YOUR INFORMATION SAFE?   


In Short:  We aim to protect your personal information through a system of organizational and technical security measures.      

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the services within a secure environment.  


8. WHAT ARE YOUR PRIVACY RIGHTS?  


In Short:  In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.       

Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 permits our users who are Indian residents the right to review or amend the Sensitive Personal Data or Information (SPDI) and give the information provider an option to retract consent at any point of time, in relation to the information that has been so provided.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.   

    

9. DO WE MAKE UPDATES TO THIS POLICY?  

 

In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.  


We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a policy of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.


10. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

 

If you have questions or comments about this policy, you may contact us, by email at support@gymcounselor.com,

 

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

 

Based on the applicable laws, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit: support@gymcounselor.com. We will respond to your request within 30 days.