FIT TECH CO. (herein referred to as the “Company”), owns and operates the interactive website http://www.onlyonesoftware.com, its mobile-friendly website interface (hereinafter referred to as the “Platform”) and the Services rendered thereof. We want to apprise you that your privacy is important to us and to protect the Personal Information (defined below) of any person who registers on or accesses the Platform for information purpose(s), we hereby provide this notice explaining our privacy practices for the collection, storage, usage, and protection of your Data (defined below). Kindly note, under this Privacy Policy (the “Policy”), the use of terms like “we”, “us” and “ours” refers to the “Company” and the terms “you”, “your”, “yours” and “user” refers to any “natural or legal person” who browses through the Platform or avails the Services. The procedure for handling and securing Personal Information shall be governed by this Policy, which is published and shall be construed in accordance with the provisions of applicable laws and legislation relating to privacy or data protection in other jurisdictions (the “Regulations”). By accessing the Platform, you hereby acknowledge that you have read and understood the terms of this Policy and agree to be bound by them. However, if you disagree, kindly exit the Platform immediately as your continued access shall be construed as an acceptance of this Policy.
Under this Policy, the below-mentioned terms shall have the same meaning as assigned to
them:
1.1. Applicable Law(s) shall mean and refer to all applicable provisions of the prevailing laws,
statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits,
licenses, tariffs, and approvals relating to this Policy.
1.2. Business Information shall mean the trade and business-specific information of an entity,
provided by you, in the capacity of an authorized representative of the relevant entity, to avail
the Services on behalf of such entity. Business Information includes, without limitation, the
name, and type of entity, registered and corporate address, contact details, details of
authorized signatory or representatives, and all such information necessary for providing the
required legal services, as the case may be, to the Users.
1.3. Cookie(s) is a small piece of data/software code tracked automatically and stored by your web
browser or on the hard drive of your device. Cookies allow the Platform to remember your
actions/information and preferences over time and generally help in improving your Platform
experience.
1.4. Data shall refer to the Business Information, Non-Personal Data, and Personal Data individually
and in combination.
1.5. Non–Personal Data is anonymized data incapable of identifying an individual. It refers to any
other information, not covered under Personal Information, which may be collected by us
when you access or use the Platform and includes information about your device, Internet
Protocol (IP) address, operating system, browser type and version, geographical location, URLs
of referring/exit pages, pages visited, device ID, amongst others.
1.6. Personal Data means any information that relates to a natural person, which, either directly or
indirectly, in combination with other information available or likely to be available with a body
corporate, is capable of identifying such person. Personal Information refers to the name,
contact details, identification number, location data, or factors specific to the physical,
physiological, genetic, mental, economic, cultural, or social identity of that User. Any reference
to Personal Information shall include Sensitive Personal Data.
1.7. Sensitive Personal Data — Sensitive personal data or information of a person means such
personal information which consists of information relating to;— (i) password; (ii) financial
information such as Bank account or credit card or debit card or other payment instrument
details ; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v)
medical records and history; (vi) Biometric information; (vii) any detail relating to the above
clauses as provided to body corporate for providing service; and (viii) any of the information
received under above clauses by body corporate for processing, stored or processed under
lawful contract or otherwise: provided that, any information that is freely available or
accessible in the public domain or furnished as per or in accordance with any other law for the
time being in force shall not be regarded as sensitive personal data or information for the
purposes of these rules.
1.8. Services shall mean and refer to the services that are being provided to the Users through the
Platform.
1.9. User means and refers to every individual or legal entity who browses the Company’s Platform
for the informational purpose or wishes to advertise their product on the Platform or any
individual who wishes to work with the Company.
1.10. Visitors mean and refer to every individual or legal entity that accesses the Platform to gain
information about the Services rendered by the Company, without registration.
Unless otherwise defined, the context used in this Policy denotes:
2.1. Whenever the context so requires, “you”, “your” and “user” shall mean any natural or legal
person who browses through the Platform, and the terms “we”, “us” and “our” shall refer to
the Company.
2.2. Heading or bold typeface is used only for convenience and shall be ignored for interpretation.
2.3. Words using the singular or plural number also include the plural and singular, respectively.
2.4. Wherever in this Policy, words are used in the masculine gender, they shall be read and
construed in the feminine gender also, whenever it should apply.
2.5. The terms hereof, hereby, hereto, and derivative or similar words refer to this entire Policy or
specified clauses of the Policy, as the case may be.
2.6. Reference to the word “include” shall be construed without limitation.
2.7. Reference to any legislation or Applicable Law or any provision thereof shall refer to any such
applicable legislation, law, or provision as amended, suspended, or re-enacted from time to
time.
3.1. This Policy applies to any person who visits the Platform to gain information about the Company or the Services rendered by the Company; intends to avail of the Services or has certain queries regarding the Services and usage of the Platform. You hereby agree not to provide the Personal Data of any other person to us.
This Policy governs the access, collection, usage, handling, storage, and disclosure of such Personal Data in accordance with the terms as given below:
4.1. PERSONAL DATA While using our Service, we may ask you to provide us with certain
personally identifiable information that can be used to contact or identify you ("Personal
Data") and other Sensitive Personal Data. Personally, identifiable information may include but
is not limited to:
a. First Name and last name
b. Email address
c. Phone number
d. Cookies: We collect personally identifiable information that you may voluntarily provide
to us, which may include: user registration, contact requests, guest comments, online
surveys, and other online activities. We may use your Personal Data to contact you with
newsletters, marketing or promotional materials, and other information that may be of
interest to you. You may opt-out of receiving any, or all, of these communications from
us by following the unsubscribe link or the instructions provided in any email we send.
4.2. Location Data We may use and store information about your location if you “allow” us with
the permission to do so ("Location Data"). We use this data to provide features of our Service
and to improve and customize our Service. You can either enable or disable location services
when you use our Service at any time by way of your device settings.
4.3. Non-Personal Data Non-Personal Data is used to analyze trends, track User movements across
the Platform, administer the Platform, and collect demographic information, amongst others,
to develop an understanding of your needs and preferences so that we can customize our
Platform, features, and Services accordingly. Except where it is expressly mentioned in this
Policy, the Non-Personal Data is not mixed or commingled with your Personal Data. Users are
advised to note that this is statistical data about their browsing actions and patterns and does
not identify any individual. We use such information for improving the Services we offer
through the Platform.
5.1. The information provided by you will be used only by us, the persons operating the Platform,
and for conducting our business, or by Company’s subsidiaries. Additionally, we will further
use your personal information to respond to your requests and improve our level of service
and the content of our Platform.
5.2. We will use the information collected from you when you voluntarily provide certain
information during any process, avail of any services, respond to any survey or marketing
communication, surf the Platform, or use certain other Platform features in the following
ways:
a. To present our Platform and its contents to you.
b. To administer contests, promotions, surveys, or other website features.
c. To fulfill any other purpose for which you provide it.
d. To provide you with notices about your account.
e. To carry out our obligations and enforce our rights arising from any contracts entered
into between you and us, including for billing and collection.
f. To notify you about changes to our Platform or any services we offer or provide through
it.
g. To notify you in the event we become aware of any breach of the security of your
information and take appropriate actions to the best of our ability to remedy such a
breach.
h. To enable us to comply with the legal and regulatory obligations and to notify you
regarding your account, to troubleshoot problems with your account, to resolve a
dispute, to collect fees or monies owed, to confirm your identity in order to ensure that
you are eligible to use this Platform
i. To conduct research and analysis to detect, prevent, mitigate and investigate fraudulent
or illegal activities;
j. To monitor aggregate metrics such as total number of viewers, visitors, traffic, and
demographic patterns;
k. To allow you to participate in interactive features on our Platform.
l. In any other way, we may describe when you provide the information.
m. For any other purpose with your consent.
6.1. We take reasonable measures to secure the information provided by you on our computer
servers as they are kept in round-the-clock surveillance in a controlled, secure environment,
protected from unauthorized access, use, or disclosure. We maintain reasonable
administrative, technical, and physical safeguards in an effort to protect against unauthorized
access, use, modification, and disclosure of Personal Information in its control and custody. All
the details are protected. All files are password protected with us. However, no data
transmission over the Internet or wireless network can be guaranteed. Therefore, while we
strive to protect your Personal Information, you acknowledge that
(i) there are security and
privacy limitations of the Internet which are beyond our control;
(ii) the security, integrity, and
privacy of any and all information and data exchanged between you and our Platform cannot
be guaranteed; and
(iii) any such information and data may be viewed or tampered with in
transit by a third party, despite best efforts. We also protect information we collect through
internal agreements with our employees and data protection agreements with third parties.
6.2. Disclosure of information: We may disclose personal information during the specific
circumstances to the following categories of recipients under strict confidentiality obligations:
i. to our group companies as necessary or appropriate to provide the service you requested, to
contact you in connection with service offerings, or for other legitimate business purposes.
ii.
to our third-party vendors, services providers, and partners who provide data processing
services to us, or who otherwise process Personal Data.
iii. to any competent law enforcement
body, regulatory, government agency, court, or other third-party where we believe disclosure
is necessary.
iv. to our auditors, advisors, legal representatives, and similar agents in
connection with the advisory services they provide to us for legitimate business purposes.
v. To
our employees to perform business functions and services on our behalf. Such functions may
include hosting our Web servers, analyzing data, providing legal, accounting, and marketing
services, and providing other support services. All such parties will be under obligation to
maintain the security and confidentiality of the Personal Information and to process the data
in accordance with our instructions.
The User understands that the Company will use the User’s data only as long as is necessary to implement, administer and manage the User’s participation in the business, or to comply with legal or regulatory obligations. When the Company no longer needs the User’s Personal Data for any of the above purposes, the Company will remove it from its systems. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
8.1. The Data collected by us is retained for as long as it is necessary to fulfill the purpose(s) for
which it was collected, our business purposes and/or to comply with the applicable laws, and
your consent to such purpose(s) remains valid even after termination of our relationship with
you.
8.2. We securely store your Data in the cloud of Hostinger(India). We maintain technical, physical,
and administrative security measures designed to protect the security of your Data against
loss, misuse, unauthorized or accidental access, disclosure, copying, use, or alteration. Some
of the safeguards that we use are firewalls, confidentiality agreements with our employees
and affiliates, data encryption, physical access controls to our data centers, information access
authorization controls, and other measures in accordance with industry standards.
8.3. The User understands that the Company will use the User’s data only as long as is necessary to
implement, administer and manage the User’s participation in the business, or to comply with
legal or regulatory obligations. When the Company no longer needs the User’s Personal Data
for any of the above purposes, the Company will remove it from its systems.
8.4. To determine the appropriate retention period for personal data, we consider the amount,
nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use
or disclosure of your personal data, the purposes for which we process your personal data,
and whether we can achieve those purposes through other means, and the applicable legal
requirements.
The Platform for providing better usage and services contains links to websites that are owned and controlled by the third parties. These links take you outside the Company’s service and off the Platform and are beyond the Company’s control and the User access to these sites completely at your own risk. The sites to which the User may get linked have their own separate privacy policy and the Company shall not be responsible and cannot be held liable and accountable for any outflow of information on that website. Please note that these other sites may send their own cookies to the Users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.
10.1. We collect the Data only when an individual or the authorized representative of a business
entity, as the case may be, voluntarily shares such Data on our Platform. We may further verify
and collate the Data by using the information about such individual or business entity available
in the public domain, as permitted by law, to prevent cases of identity theft, fraud, etc.
10.2. We do not collect Personal Information or data on purpose, from anyone under the age of 18
years. If we become aware that we have collected Personal Information from children without
verification of parental consent, we take immediate steps to remove that information from our
servers. Therefore, if you are a parent or guardian who becomes aware that a minor has
provided us with Personal Information, please contact us for removal of the same from the
Platform.
10.3. Our Platform may contain a link to third-party websites and services that are outside our
control. Such third-party websites may collect and store information and data about the User.
The Company takes no responsibility for the privacy practices followed by these websites or
the content available thereof. The Company takes no liability for any loss or damage arising
directly or indirectly for use of such website by browsing or by transacting through it.
Therefore, you should use industry-recognized software to detect and disinfect viruses from
any download.
10.4. The Company disclaims that any and all information published on the website is only for
informational purposes, the Company takes no responsibility for the correctness and accuracy
of the information provided on the Platform.
Although we have implemented and employed the necessary internet security methods and
technology to secure the Data transmitted to us; however, the security of the Data transmitted
over the internet cannot be guaranteed; thereby we cannot ensure or warrant the security of
any information that you transmit to us. You acknowledge and agree that you share the
Personal Information with us entirely at your own risk. In light of the above, we declare that:
i.
We shall not be held liable for any loss or injury caused to you, as a result of your voluntary
disclosure of the Data by you to a third party.
ii. Notwithstanding anything contained in this
Policy, we disclaim all the warranty for any loss, damage, or misuse of the Data.
iii. We take no
responsibility or liability for the privacy practices and security of Data collected by the thirdparty website linked to our site as they are not within the ambit of our control.
We have taken every effort to ensure that this Policy adheres to the applicable laws. The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy. This Policy does not apply to any information other than the information collected by the Company through this Platform. This Policy shall be inapplicable to any unsolicited information you provide us through this Platform or through any other means. This includes, but is not limited to, information posted in any public areas of this Platform. All unsolicited information shall be deemed to be non-confidential and the Company shall be free to use and/ or disclose such unsolicited information without any limitations.
The rights and remedies available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by the law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
14.1. This Policy should be read at all times along with the Terms of Use published by the Company
on the Platform.
14.2. The Policy may be amended in response to changing legal, technical, and business
developments or at the sole discretion of the Company. Unless otherwise specified, such
revisions shall take effect from the day they are posted on the Platform. You are advised to
consult this Policy regularly for any changes, and your continued access and Platform usage
shall be deemed as an acceptance of the changes in the Policy.
In case of any dispute regarding the privacy policy of www.onlyonesoftware.com, an arbitrator shall be appointed by the Company to ascertain the rights and liabilities of the parties. You further accept that all disputes are subject to the laws of India and subject to jurisdictions of courts of in Bangalore only.