With Effect From August 5, 2023
PLEASE READ THESE POLICIES CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS, THE PRIVACY POLICY, AND THE SUBSCRIPTION TERMS.
The website www.levelup.ind.in under the name and style “Level Up” (the “Platform”) is owned, operated and made available by Level Up Classical Pilates Private Limited, with its office at #35, Raja Sabha, Kasturba Cross Road, Off Lavelle Road, Bangalore-560001, India (hereinafter, referred to as “Level Up”)
Level Up, through the Platform and any sub-domains and services, features, content or widgets available through the Platform, provides certain fitness and well-being services, with a specific focus on Pilates and related activities, to its individual customers. In this regard, Level Up through its Platform offers certain services including provision of live Pilates classes, offering a repository of knowledge and videos relating to Pilates, facilitating access to licensed nutritionists, psychologists and therapists, and other related products and services which may be specified by Level Up from time to time (“Service(s)”).
This Privacy Policy (“Privacy Policy”) sets out the privacy practices of Level Up with respect to the usage of the Platform and the Services.
This document is published in accordance with the provisions of the Information Technology Act, 2000 and the rules made thereunder including the Reasonable Security Practices and Procedures and Sensitive Personal Data of Information Rules, 2011, that require publishing of the privacy policy and terms of use on an online portal. We request you to go through this Privacy Policy and the terms of use available at(https://www.levelup.ind.in/login) (“Terms of Use”) carefully before you decide to access the Platform and avail the Services.
For the purposes of this Privacy Policy, the words “us”, “we”, and “our” refer to Level Up and all references to “you”, “your” or “User”, as applicable means the person who accesses, and/or uses the Platform in any manner or capacity.
The protection and security of your Personal Information (as defined below) is our top priority and we have taken all necessary and reasonable measures to protect the confidentiality of the Personal Information and its transmission through the internet.
In order to access and use our Platform, you must be at least 18 (eighteen) years old. By using our Services and the Platform or by otherwise giving us your information, you agree to the terms of this Privacy Policy. You also expressly consent to our use and disclosure of your Personal Information (defined below) in the manner prescribed under this Privacy Policy and further signify your agreement to this Privacy Policy and the Terms of Use. If you do not agree to this Privacy Policy, do not access or use the Platform, or access or use any third party product or service available through the Platform, or give us any of your information in any manner whatsoever.
COLLECTION OF INFORMATION
We may collect and process information from you, through your use of the Platform, or which is provided to us or one of our partners or is obtained by us through any of your engagements with us. We may collect and process personal information provided by you, including but not limited to:
any information that you provide at the time of registration including any information that identifies or can be used to identify, contact or locate you, including name, address, phone number, occupation, sex, date of birth, email address, credit card/debit card information and/or your UPI related information.
any information that you provide on our Platform when you use our Services including while logging in and logging out of the Platform.
any information that you provide to us for provision of our Services including age, lifestyle choices, habits, details of physician, health related information, medical history and/or medical records.
any data that is automatically captured by the Platform, such as the “IP” address from which the Platform has been accessed. Every computer/mobile device connected to the internet is given a domain name and a set of numbers that serve as that computer's Internet Protocol or “IP” address. When you access our Platform, our web servers automatically recognize your domain name and IP address.
hereinafter, collectively referred to as “Personal Information”.
USE OF THE INFORMATION COLLECTED
Use of the Personal Information for Services
The primary goal of Level Up in collecting Personal Information is to provide you with the Platform and Services. Level Up may use the Personal Information provided by you in the following ways:
To identify and reach you;
To help provide you the Platform and Services;
Provide you with further information, programs, products and newsletters related to the Services;
To enable third parties to provide you their products and services, which you choose to access through the Platform;
To observe, improve and administer the quality of Service;
To analyze how the Platform is used and/or diagnose and resolve technical problems;
Remember the basic information provided by you for effective access to the Platform;
To confirm your identity in order to determine your eligibility to use the Platform and avail the Services;
To notify you about any changes to the Platform;
To enhance the operation of the Platform;
To personalize your experience and customize the Service experience;
To enable Level Up to comply with its legal and regulatory obligations;
For the purpose of sending administrative notices and Service-related alerts and similar communication, as detailed under this Privacy Policy, with a view to optimizing the efficiency of the Platform;
To do internal research on our Users' demographics, interests, and behavior to better understand, protect and serve our Users;
Allow us to better service you in responding to your customer service requests;
Administer a contest, promotion, survey or other site features;
Doing market research, troubleshooting, protection against error, project planning, fraud and other criminal activity; and
To enforce Level Up’s Terms of Use as may be applicable in connection with the Platform and Services.
Sale of Assets, Merger, Acquisition, Bankruptcy
Personal Information collected from you may be transferred to a third party as a result of a sale or acquisition, merger or bankruptcy involving Level Up.
Cookies
Cookies are small portions of information saved by your browser onto your computer / mobile (“Cookies”). Cookies are used to record various aspects of your visit and assist Level Up to provide you with uninterrupted service.
We may use information collected from our Cookies to identify User behavior and to serve content and offers based on your profile, to personalize your experience and to enhance your convenience of the using our Platform.
When you use the Service on the Platform, we may employ web beacons which are used to anonymously track the online usage patterns of our Users. The information allows for more accurate reporting and improvement of our Service. We use or may use information such as Cookies, log files, device identifiers and web beacon information to: (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the Platform; (ii) provide custom, personalized content and information; (iii) to provide and monitor the effectiveness of our Service; (iv) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (v) diagnose or fix technology problems; (vi) help you efficiently access your information after you sign in; and (vii) to provide advertising to your browser or device.
By using the Platform, the User acknowledges and agrees that third-party service providers may utilize Cookies or similar technologies to gather information about the User's Platform usage patterns. This information is collected to optimize and provide advertisements based on the User's visits on the Platform and general browsing pattern of the User.
We neither have access to, nor do the Privacy Policy or Terms of Use govern the use of Cookies or other tracking technologies that may be placed by third party service providers on the Platform. These parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. We assume no responsibility or liability whatsoever for the User’s receipt or use of such tailored advertisements.
Level Up pledges that it will not sell or rent your Personal Information to any third party and your Personal Information will be protected and maintained strictly confidential by Level Up except in the following cases:
Level Up may disclose your Personal Information in the event it is required to do so by law, rule, regulation, law, enforcement, governmental official, legal or regulatory authorities and, or, to such other statutory bodies who have appropriate authorisation to access the same for any specific legal purposes;
Level Up may disclose your Personal Information in order to provide you the Services, enforce or apply the Terms of Use, or to protect the rights, property or safety of Level Up, its Users or others. This includes exchanging information with other companies/agencies that work for fraud prevention; or
Level Up may disclose your Personal Information to such third parties to whom it transfers its rights and duties under any agreement entered into with such third parties.
OPT OUT PROCEDURES
You may decline to submit any Personal Information through the Platform, in which case certain features of the Platform may not be available to you. Upon initial communication from Level Up, you may opt-out of receiving further communications from Level Up. To be completely removed from the Level Up mailing list, you may contact us at info@levelup.ind.in. If you are using an e-mail forwarding service or other similar services, please make sure to include the correct e-mail address or addresses.
SHARING OF INFORMATION
Sharing
We may disclose your Personal Information to our affiliates, personnel, employees and consultants for provision of Services.
We may also share your Personal Information with external organizations or individuals if we believe that access, use, preservation or disclosure of the Personal Information is reasonably necessary to:
detect, prevent or otherwise address fraud, security or technical issues; and/or
protect against harm to the rights, property or safety of our customers, other Users or the public, as required or permitted by applicable law.
Level Up will not be liable for transfer of any Personal Information resulting from loss or distribution of data, the delineation or corruption of media storage, power failures, natural phenomena, riots, act(s) of vandalism, sabotage, terrorism or any other event beyond Level Up’s control. Further, Level Up’s Privacy Policy does not cover the use of Cookies by its partners and affiliates since Level Up does not have access or control over such Cookies.
Consulting
Level Up may partner with other third parties to provide certain specific services as part of the Services, if required. When you opt for such services as part of the Services, Level Up will share Personal Information that is necessary for the third party to provide these services as part of the Services. Level Up’s contractual arrangements with such third parties restrict these parties from using Personal Information except for the explicit purpose of assisting in the provision of these services as part of the Services.
Targeted Advertising
You expressly acknowledge and agree that we may also share or transfer your Personal Information to third-party service providers, for the limited purpose of allowing or permitting such third-party service providers to optimize and display advertisements and notifications based on your past preferences, visits on the Platform and information that is collected by us as part of our Services.
Level Up does not allow any unauthorized persons or unauthorized organizations to use any information that Level Up may collect from you through this Platform.
Regulatory Disclosures
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, store, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government, tax authorities or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, governmental requests or legal process; (ii) to protect the safety, rights, property or security of Level Up, our Services, the Platform or any third party; (iii) to protect the safety of the public for any reason; (iv) to detect, prevent or otherwise address fraud, security or technical issues; and /or (v) to prevent or stop any activity we consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Such disclosures under this Clause may be carried out without any notice to you.
LINK TO THIRD PARTY WEBSITES
This Platform may contain links which may lead you to other websites (“Third Party Websites”). Please note that once you leave Level Up’s Platform you will be subjected to the privacy policy of such Third Party Websites. The Third Party Websites are not necessarily under the control of Level Up. Please be aware that Level Up is not responsible for the privacy practices of such Third Party Websites. Level Up encourages you to read the privacy policies of each and every Third Party Websites that you visit through the Platform. If you decide to access any of the Third Party Websites linked to the Platform, you do this entirely at your own risk. Level Up will not be responsible for notification of any change of any information on the Platform with respect to such Third Party Websites.
SPAM
Level Up maintains a strict "No-Spam" policy, which means that Level Up does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
USER TESTIMONIALS/COMMENTS/REVIEWS
From time to time, we may post User’s testimonials/comments/reviews with respect to the Services on the Platform which may contain Personal Information. We obtain User’s consent to post their names along with such User’s testimonials/comments/reviews under this Clause.
SECURITY OF INFORMATION
Level Up has put in place necessary security practices and procedures to safeguard and secure your Personal Information. Level Up only processes Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the User. The Platform allows Users access to their Personal Information and allows them to correct, amend or delete inaccurate information.
Level Up uses commercially reasonable precautions to preserve the integrity and security of your Personal Information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment.
The Personal Information that is collected from you may be transferred to any destination within and/or outside India, to the extent permitted per applicable law. By submitting Personal Information on the Platform, you agree to this transfer. Level Up will take such steps as it considers reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy.
In using the Platform, you accept the inherent security implications of data transmission over the internet. Therefore, the use of the Platform will be at your own risk and Level Up assumes no liability for any disclosure of Personal Information due to errors in transmission, unauthorised third-party access or other acts of third parties, or acts or omissions beyond its reasonable control and you agree not to hold Level Up responsible for any breach of security.
In the event Level Up becomes aware of any breach of the security of your Personal Information it will promptly notify you and take appropriate action to the best of its ability to remedy such a breach.
EXCLUSION
This Privacy Policy does not apply to any information other than information collected by Level Up through the Platform including such Personal Information collected in accordance with the Clause on “Collection of Information” above. This Privacy Policy will not apply to any unsolicited information provided by you through this Platform or through any other means. This includes, but is not limited to, information posted on any public areas of the Platform. All such unsolicited information shall be deemed to be non-confidential and Level Up will be free to use, disclose such unsolicited information without limitation.
Level Up also protects your Personal Information off-line other than as specifically mentioned in this Privacy Policy. Access to your Personal Information is limited to personnel, employees, consultants, agents or partners of Level Up and third parties, who Level Up reasonably believes will need that Personal Information to enable Level Up to provide Services to you. However, Level Up is not responsible for the confidentiality, security or distribution of your own Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties.
DATA RETENTION
Your Personal Information will be retained with Level Up as needed to provide Services to you. If you have signed up for our marketing emails, we will retain your Personal Information so long as you have provided your consent to receive such communication. Level Up shall not retain Personal Information longer than is necessary to fulfil the purposes for which it was collected and as permitted by applicable law. If you wish to cancel your account (if any) or request that Level Up no longer uses your Personal Information to provide you Services, contact us through email at info@levelup.ind.in. Even after your account (if any) is terminated, Level Up may retain your Personal Information as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account, investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other any other purposes as may be required under applicable law.
RIGHT TO WITHDRAW CONSENT
The consent that you provide for the collection, use and disclosure of your Personal Information will remain valid until such time it is withdrawn by you in writing. If you withdraw your consent, Level Up will stop processing the relevant Personal Information except to the extent that Level Up has other grounds for processing such Personal Information under applicable laws. Level Up will respond to your request within a reasonable timeframe. You may withdraw your consent at any time by contacting Level Up at info@levelup.ind.in.
RIGHT TO CORRECTION
You are responsible for maintaining the accuracy of the Personal Information you submit to us, such as your contact information provided to us to access the Platform and avail our Services. Level Up relies on the Users to disclose to it all relevant and accurate Personal Information and to inform Level Up of any changes. If you wish to make a request to correct or update any of your Personal Information which we hold about you, you may submit your request via email at info@levelup.ind.in.
NOTIFICATION OF CHANGES
From time to time, Level Up may update this Privacy Policy to reflect changes to its information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If Level Up makes any material changes, it will notify you by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
CONSENT TO THE TERMS OF USE
By using or accessing the Platform, you acknowledge and agree that the Terms of Use are fully incorporated into and form an integral part of this Privacy Policy.
GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the grievance officer (“Grievance Officer”) are provided below:
Grievance Officer: Kavita Prakash
Contact Number: +91-99869 70008
Email Id: info@levelup.ind.in
It is further stated that the Grievance Officer shall redress your grievances with respect to the Personal Information provided within 1 (one) month from the date of receipt of your written grievance to the contact details mentioned under this Clause.
ADDRESS FOR PRIVACY QUESTIONS
Should you have questions about this Privacy Policy or Level Up’s Personal Information collection, use and disclosure practices, you may contact us at info@levelup.ind.in. We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of Personal Information about you. Except where required by applicable law, Level Up cannot ensure a response to questions or comments regarding topics unrelated to this Privacy Policy or Level Up’s privacy practices.
CONSENT
By consenting to the terms under this Privacy Policy, you hereby provide express consent to Level Up to collect, share, transfer, store, retain, disseminate or use the Personal Information collected by Level Up in accordance with the terms of the Privacy Policy. Level Up will continue to retain Personal Information provided by you until you specifically request Level Up to destroy such Personal Information. You may, at any time, withdraw consent for the collection or processing of any Personal Information provided by you, by sending an email to info@levelup.ind.in. Upon verification of such request, Level Up may, subject to its obligations pursuant to law, destroy all Personal Information provided by you from its servers. However, please note that Level Up shall continue to retain a copy of the Personal Information provided by you for the purpose of carrying out periodic audits and as may be required under applicable law.
YOU HAVE READ THIS PRIVACY POLICY AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE