This Privacy Notice applies to personal information collected and processed by Cultgear Private Limited and their affiliates (“cult.sport watch app” “Cultgear” “we,” “us,” and “our”) through our website and related cult.sport watch offerings. To make this Privacy Notice easier to read, our website and related offerings are collectively called the “Services”.
This Privacy Policy is published in compliance with inter alia:
(a) Section 43A of the Information Technology Act, 2000;
(b) Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and
(c) Regulation 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
This Privacy Policy was formulated to fully take your needs into account. It is
important that you fully understand our personal information collection and usage practices and ensure
that you are ultimately able to exercise control over the personal information you provide to us. This
Privacy Policy sets out how we collect, use, disclose, process, and store any information that you
provide to us when you use our cult.sport app. As used in this Privacy Policy, "personal
information" means information that can be used to identify an individual, either from that information alone or in
conjunction with other related information. We will only use this information in strict accordance with
this Privacy Policy.
By downloading / using the cult.sport watch app, using the cult.sport watch offerings, you consent to
the collection, use, sharing, disclosure and processing of your personal information by us and each of
the sellers/service providers of the cult.sport watch in accordance with the terms of this Privacy Policy
or as otherwise required by, or permitted under, applicable law.
The categories of personal information we collect depend on how you interact with our Services.
We collect personal information from you such as your name, email address, phone number, or mailing address when you request information about our Services, register for an account, signup for marketing from us, register for our newsletter, or otherwise communicate with us.
We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
We may offer interactive features such as blogs and social media pages. We and others who use our Services may collect the information you submit or make available through these interactive features. Any content you provide on the public sections of these features will be considered “public” and is not subject to the privacy protections referenced herein. By using these interactive features, you assume the risk that the personal information provided by you may be viewed and used by third parties for their own purposes.
We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
To facilitate the registration of your smart wearables in the app, we may collect the information related to your cult.sport Account, identifier of smart wearables, identifier of your phone (IMEI number encrypted via Hash algorithm), phone model, OS version, and Bluetooth information of smart wearables.
You can use the health plan feature in the app. According to the health plan you create, this feature will remind you to exercise and/or drink water timely. To perform this feature, we will collect information on the health plan you've created. We also provide you with access to articles about health. When you browse through such articles, we may collect your information including forwarding and article likes.
To facilitate the registration of your smart wearables in the app, we may collect the information related to your cult.sport Account, identifier of smart wearables, identifier of your phone (IMEI number encrypted via Hash algorithm), phone model, OS version, and Bluetooth information of smart wearables.
To enjoy more exercise data recording experience, you can choose to share those data to a third-party platform. For this purpose, we will collect the random identifiers generated when you use a third-party platform. If you no longer require this feature, you can unregister the device and stop sharing. After that we will delete such information.
Additional feature based on location information: If you want to record the motion trail from outdoor exercises, we will collect your location information to map your motion trail after you grant location permissions for the application. Please be assured that your location information will only be used to show you your motion trail and will not be used for other purposes.
We may collect feedback from you on issues that you report to us and your contact details. Such information will be used to help us better understand any problems you encounter as well as to allow us to contact you. If you upload a log to solve a problem, we will collect your log information, which includes exercise data (such as activity distance and duration) and health data (such as heart rate, sleep time, and pressure data). Please rest assured that the log you upload will only be used to solve the problem, and we will not use it for any other purpose.
We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information (including inferred location based off of your IP address), Internet service provider, mobile carrier, pages that you visit before, during and after using the Services, information about the links you click, information about how you interact with the Services, including the frequency and duration of your activities, and other information about how you use the Services.
We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your device that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.
Cookies are small text files placed in device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about engagement on the Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
We may obtain information about you from other sources, including from third party services and organizations.
We use your personal information for a variety of business purposes, including:
· Setting up an account for you;
· Fulfilling our contract with you;
· Responding to questions, comments, and other requests;
· Allowing you to register for events;
· Providing access to certain areas,functionalities, and features of our Services
· Answering requests for customer or technical support.
· Pursuing legitimate interests, such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention
· Measuring interest and engagement in our Services
· Improving the Services
· Developing new products and services
· Ensuring internal quality control and safety
· Authenticating and verifying individual identities
· Carrying out audits
· Communicating with you about your account, activities on our Services and Privacy Notice changes
· Preventing and prosecuting potentially prohibited or illegal activities
· Enforcing our agreements
· Complying with our legal obligations
We may use personal information to tailor and provide you
with content and advertisements. We may provide you with these materials as permitted by applicable
law.
If you have any questions about our marketing practices or if you would like to opt out of the use of
your personal information for marketing purposes, you may contact us at any time as set forth below.
We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
We may use personal information and other data about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.
Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.
We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:
This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality.
We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services.
We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed.
We may use first party or third-party Technologies, including cross- device tracking, to deliver content, including ads relevant to your interests, on our Services or on third party sites.
We may share your personal information with the following categories of third parties:
We may share any personal information we collect about you with our third-party service providers. The categories of service providers to whom we entrust personal information include service providers for: (i) the provision of the Services; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) payment and transaction processing; (v) customer service activities; and (vi) the provision of IT and related services.
We may provide personal information to business partners to provide you with a product or service you have requested. We may also provide personal information to business partners with whom we jointly offer products or services.
We may share personal information with the seller of the cult.sport watch.
We may share personal information with Our affiliated entities.
Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information(and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party services within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.
We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your personal information in order to provide content that is more relevant to you.For more information about our use of APIs and SDKs, please contact us as set forth below.
We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our, or others’ rights, property, or safety; (iii) enforce our policies or contracts; (iv) collect amounts owed to us; or (v) assist with an investigation and prosecution of suspected or actual illegal activity.
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
To the extent that we may need to transfer personal information outside of your jurisdiction, whether to our affiliated companies or Third Party Service Providers, we shall do so in accordance with the applicable laws. In particular, we will ensure that all transfers will be in accordance with requirements under your applicable local data protection laws by putting in place appropriate safeguards. You will have the right to be informed of the appropriate safeguards taken by us for this transfer of your personal information.
You may be able to opt out of certain uses of your personal information.
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Service or this Privacy Notice).
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android and iOS. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. Please note you must separately opt out in each browser and on each device.
In accordance with applicable law, you may have the right to: (i) request confirmation of whether we
are processing your personal information; (ii) obtain access to or a copy of your personal information;
(iii) receive an electronic copy of personal information that you have provided to us, or ask us to send
that information to another company (the “right of data portability”); (iv) object to or restrict our uses
of your personal information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or
improperly processed personal information; (vi) withdraw your consent; and (vii) request erasure of personal information held about you by us, subject to certain exceptions prescribed by law. If you would
like to exercise any of these rights, please contact us as set forth below.
We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
We store the personal information we receive as described in this Privacy Notice for as long as you use
our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services,
resolve disputes, establish legal defenses, pursue legitimate business purposes, enforce our agreements,
and comply with applicable laws. We will cease to retain personal information, or remove the means
by which the personal information can be associated with particular individuals, as soon as it is
reasonable to assume that the purpose for which that personal information was collected is no longer
being served by retention of the personal information.
If further processing is for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes according to the applicable laws, the data can be further retained by us even if the further processing is incompatible with original purposes in certain jurisdictions.
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 for as long as necessary for us to provide the services effectively or for other purposes.
We are committed to ensuring that your personal information is secure, and we will take all practicable
steps to safeguard your personal information. However, you should be aware that the use of the Internet
is not entirely secure, and for this reason we cannot guarantee the security or integrity of any personal
information which is transferred from you or to you via the Internet.
In order to prevent unauthorized access, disclosure or other similar risks, we have put in place
reasonable administrative, technical and physical controls and procedures to safeguard and secure the
information we collect from your using of our Services and our website. We will use all reasonable
efforts to safeguard your personal information.
All your personal information is stored on secure servers. We make sure that our employees and Third
Party Service Providers who access the information to help provide you with our Services are subject
to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet
such obligations.
By using the Services or providing personal information to us, you agree that we may communicate
with you electronically regarding security, privacy, and administrative issues relating to your use of the
Services. If we learn of a security system’s breach, we may attempt to notify you electronically by
posting a notice on the Services, by mail or by sending an email to you.
The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third party websites or applications is at your own risk.
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
We may revise this Privacy Notice from time to time in our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use the Services after the new Privacy Notice takes effect.
To ask questions or comment about this privacy policy and our privacy practices, contact us at [email protected]
We will redress your grievances and concerns surrounding usage of Services through cult.sport watch
app within specified timelines as per applicable law. If you have any questions about viewing or
updating information we have on file about you, or if you wish to raise any complaint/grievances, or
object/withdraw your consents, please contact us [email protected] or reach out to our Grievance
Officer, appointed in accordance with the Information Technology Act, 2000 and the SPDI Rules,
whose contact information is detailed below:
Name: Mr. Deepak Gupta
Email: [email protected]
Please provide us with a detailed description of the complaint/grievance, and we will endeavour to
resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance or within
such timeframe stipulated under applicable laws.