1. INTRODUCTION
BY ACCESSING OR USING THIS PLATFORM, YOU UNCONDITIONALLY ACCEPT AND AGREE WITHOUT LIMITATION OR QUALIFICATION TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THIS PLATFORM.

This privacy policy (“policy”) governs the privacy terms of the Platform (defined below), which is owned and operated by Sweatbath Technologies Pvt. Ltd. (“Company”). The Platform (“Platform”) is an integrated online platform consisting of the Gymshim Mobile Application ("Mobile App"), the www.lyberty.fit website ("Website") and various cloud-based services upon which the Platform is built and published. The terms "we", “our” and "us" refers to Company and its affiliates, and the term "you", “your” or the “users” refers to you, the users of the Platform. 

 

Please note that those capitalized terms not defined herein, shall have the same meaning ascribed to them in the Terms of Use applicable to the Platform.

 

We respect the privacy of everyone who visits/uses the Platform. This privacy policy (“Privacy Policy) describes the procedures for collecting, using, and disclosing your Personal Information (defined below) which you share with us for availing the Services or accessing the Platform. We recommend you to read this privacy policy (“Privacy Policy”) so that you understand our approach towards the use of your Personal Information. 

 

When you visit the Platform, you are not required to provide any Personal Information unless and until you choose to avail the Services. In addition to this, by agreeing to avail the Services and by submitting your Personal Information, you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.

 

2. INFORMATION WHICH IS COLLECTED AND STORED 
We may collect and store the following information in relation to the Services:
When you registered for an account, we collect your Personal Information. Personal Information includes but is not limited to, your name, gender, login credentials, password, contact number, credit card or other billing information, email address, home postal address or other details relating to fitness checks including age, weight, height, waist and diet etc. Further, during your access and use of the Platform, we may learn and collect additional information from and about you which may become part of the Personal Information. 

 

As part of the Services, User authorize us to import User’s details and Personal Information dispersed over Third Party Platforms. "Third Party Platforms" are social networking platforms, such as Facebook, LinkedIn, google account and other similar platforms.  

 

Data: When you use or access the Platform, we may also collect and store additional information which may or may not personally identify you or be identifiable with other information collected. Such information includes, without limitation, your internet protocol address, browser types, domain name, type of operating system and other statistical data involving your use of the Platform and/or our Services. This information is collected passively using various technologies or may be provided by you through communications with us.

 

3. APPLICABLE LAW
This Privacy Policy is governed by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect Personal Information; other relevant laws, and the Company policies. 

 

4. HOW WE USE PERSONAL INFORMATION
The Personal Information is collected and used to: (i) provide Services; (ii) create and administer your accounts and to improve the quality and your experience of the Platform and Services; (iii) improve our Services; (iv) manage our relationship with you and develop our present and future Services and products and provide information of these products and services to you; (v) maintain and update our records; (Vi) monitor suspected fraud, misconducts and unlawful activities on the Platform. We will not sell, share or disclose your information with any third party without your consent, except as provided for in this policy. We may also collect Personal Information when you interact with our customer service in order to assist you and to improve the operation of the Platform and the Services we offer. 

 

You agree that we may also use the Personal Information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted advertisements, service offerings and communications relevant to your use of the Platform. By accepting these Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications on your account preferences page. 

 

5. DISCLOSURES
Affiliates. We may provide Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to your requests for information or Services. 

 

Administrators. We shall provide access to your Personal information to our authorized administrator(s) for internal business purposes, who shall be under confidentiality obligations towards the same.

 

Joint Marketing Arrangements. Where permitted by law, we may share your Personal Information with joint marketers with whom we have a marketing arrangement, we would require all such joint marketers to have written contracts with us that specify appropriate use of your Personal Information, require them to safeguard your Personal Information.

​

Service Providers or Business Partners. We may use certain trusted third party and individuals to help us provide, analyse, and improve the Services or provide marketing, developing, health advisory services, product development or consulting services, data storage, payment processing and other features related to the Service. These third parties may have access to your Personal Information only for purposes of performing these tasks and are under obligations similar to those in this Privacy Policy. We may disclose your Personal Information to service providers who perform business functions or hosting services on our behalf.

 

Persons Who Acquire Our Assets or Business. We transfer your Personal Information if we are acquired by / we acquire or merge with another entity or transfer a part of our business, including the Platform to a third party. Any third party or resultant entity that receives your Personal Information pursuant to a merger, demerger or business transfer shall have the right to continue to use your Personal Information. In the event of such a sale or transfer, we reasonably notify you.

 

Legal and Regulatory Authorities. We may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose your Personal Information to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this Privacy Policy; respond to claims that any Personal Information violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, our users or the general public. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section. 

 

6. DATA RETENTION 
We will retain your Personal Information for as long as your account is active or till the time we are required to provide you the Services. We may retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information, upon reasonable request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers’ files that you have in common with other users.

 

7. SECURITY
We value your Personal Information; we will ensure an adequate level of protection. We have therefore implemented technology and policies with the objective of protecting your Personal Information from unauthorised access and improper use and will update these measures as new technology becomes available, as appropriate. To protect your Personal Information, we have implemented adequate technology. Your Personal Information is securely stored.

 

As a matter of security we take back-up of systems periodically. Although we provide appropriate firewalls and protections. Our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible and we take no liabilities or responsibilities for it.

 

You are responsible for all actions of your user account and password. Therefore, we do not recommend that you disclose your password to any third party. If you choose to share your user account and password or any Personal Information with third parties, you are solely responsible for the same. If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions. 

 

8. COLLECTION OF NON-PERSONAL INFORMATION
We may automatically collect non-personal information about you such as the website from which you linked to our Platform. We may also aggregate details which you have submitted to the Platform. You cannot be identified from this information and it is only used to assist us in providing an effective Service on the Platform. We may from time to time supply third parties with this non-personal or aggregated information for uses in connection with the Services and the Platform.

 

9. INTERACTION BETWEEN YOU AND THE COMPANY
We are interested in your views, and we value the Feedback (defined below) we receive from you, we therefore have set up blogs and chat rooms for providing better Services and to receive your feedbacks. However, do not control or are responsible such Feedback or the Personal Information which you make available through these chat rooms or the Platform. We encourage you to be careful about what Personal Information you disclose in this way.

 

Subject to any applicable law, any communication sent by you via the Platform or through the blogs chat rooms or otherwise on the Platform to us (including without limitation contents, images, audio, feedback etc. collectively "Feedback") is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose. We can use the Feedback, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing Services. You agree you will not assert any ownership right of any kind in the Feedback (including without limitation copyright, patent, trademark, unfair competition, moral rights, or implied contract) and you hereby irrevocably waive the right to receive any financial or other consideration in connection with the Feedback, including without limitation acknowledgment of you as the source of the Feedback. Your submission of any Feedback shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. For this reason, we ask that you do not send us any Feedback that you do not wish to assign to us, including any confidential information, Personal Information or any original creative materials. You shall be responsible for the content and information contained in any Feedback sent by you to the Platform or otherwise to us, including without limitation for its truthfulness and accuracy.

 

In the event you participate in any interactive features of the Platform, participate in a survey, contest, promotion, sweepstakes, activity or event, apply for a job, request customer support, communicate with us via third party social media sites or otherwise communicate with us, we collect the data you submit for such participation, which may also include Personal Information. We would use such data, as per the terms of this Privacy Policy. 

 

10. ACCESSING AND MODIFYING PERSONAL INFORMATION
In case you need to access, remove, review, and/or make changes to the Personal Information that you have provided to us, you may do so by login into your User Account. You understand that the Company shall not verify or authenticate the changes made to the Personal Information made by you and therefore you take entire responsibility of such changes. You confirm that such changes shall be in accordance with the terms and conditions of this Privacy Policy. If you register or respond to advertisements or posts on the Platform or post any content on the Platform, we may send you certain notifications, advertisements, promotions, surveys and specials. We may also send you any legally required notifications and certain notifications, including but not limited to, Service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Platform. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt out of certain e-mail communications from us, including our newsletters, if any, advice on networking on the Platform, notifications that other users of the Platform, has commented on your posting, and notifications that you can refresh your posting. We will not change your preferences without your consent. 

 

11. THIRD PARTY LINKS
We may have links to other websites or you are referred to our Platform through a link from another website. We shall not be responsible for the privacy policies and practices of other websites.  Such content is subject to their terms of use and any additional guidelines and privacy information provided in relation to that use on their website.

 

We recommend that you check the policy of each website you visit to better understand your rights and obligations especially when you are submitting any type of content on those third party website. Please contact the owner or operator of such website if you have any concerns or questions.

 

12. INDEMNIFICATION
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) Personal Information and contents that you submit or share on the Platform and for the Services (ii) your violation of any rights of any other person in connection with the Platform.

 

13. RESERVATION OF RIGHTS
All rights not expressly granted in this Privacy Policy are reserved by the Company and its licensors, as the case may be. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Company or any other person or to user.

 

14. LIMITATION OF LIABILITY 
Company will not be liable for any damages, direct or indirect, incidental or consequential, and all liabilities (including for negligence, loss or damage such as loss of revenue, unavailability of system or loss of data and loss of your Personal Information) and for use of or inability to use Services of any kind that is offered or to provide indemnity or any other remedy to you or any third party.

 

15. DISPUTES
Governing Laws: This Agreement shall be construed and governed by the laws of India without regard to principles of conflict of laws.

 

Dispute Resolution: Any dispute arising, shall be submitted to the arbitration to be conducted in Pune, India in English language, in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 (as amended from time to time), by a sole arbitrator, who shall be appointed by the Company and the award made in pursuance thereof shall be binding on the parties hereto. The dispute resolution and arbitration process mentioned in this Section will not prohibit Company from approaching the courts for appropriate interim reliefs. The courts in Pune, India shall have an exclusive jurisdiction over any disputes arising under this policy.

 

16. CHANGES TO THIS POLICY
Amendments to this policy will be posted to this Platform and will be effective when posted. Your continued use of this Platform following the posting of any amendment, modification, or change shall constitute your acceptance of the amendment. We request you to check this Privacy Policy on a periodic basis to ascertain if any additional considerations are involved with regard to your Personal Information.  

 

17. CONTACT US
If you have questions or concerns or grievances regarding this Privacy Policy, you can contact us as per this policy, or wish to make a complaint, please contact us at  support@gymshim.com.