Privacy Policy

At Fitment, we are committed to respecting the privacy and confidentiality of the information that you entrust us with. Our Privacy Policy outlines the policies and procedures regarding the collection, use and disclosure of Personal Information from users. Please review this Privacy Policy carefully.

In order to guarantee privacy to the client, we maintain the client’s anonymity and work in accordance with confidentiality policies to ensure that all personal and health information received is maintained and transmitted through a highly secure environment.

It is recommended that you do not use the website or the related Services if any of the terms of this Privacy Policy are not in accordance with the applicable laws of your country.

This privacy policy (“Privacy Policy”) explains how we collect, use, share, disclose and protect Personal Information about the Users of the Fitment Platform, including the Mental Health Professionals (as defined in the Terms of Use), the End-Users (as defined in the Terms of Use), and the visitors of Website (jointly and severally referred to as “You” or “Users” in this Privacy Policy).

The Privacy Policy provided below explains how Fitment works to maintain user’s privacy, what information we may collect (if any) and how said information will be used to help improve our services and user experience on our website.

We created this to demonstrate our commitment to the protection of your privacy and your personal information.

Your use of and access to the Fitment Platform is subject to this Privacy Policy and our Terms of Use.

Why This Privacy Policy?

This Privacy Policy is an electronic record in terms of Section 43A of the Information Technology Act, 2000 (as amended/re-enacted from time to time) (“IT Act”) and rules thereunder, and, amongst others, is published in accordance with the provisions of

Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011
Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information or “SDPI”) Rules, 2011, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of a website or any online application.
Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

This Privacy Policy is an electronic record, generated by a computer system and does not require any physical or digital signatures.
Sensitive Personal Data or Information or “SDPI” of a person, is defined under the SPI Rules, includes any personal information such as:

Passwords
Financial information such as bank accounts, credit and debit card details or other payment instrument details.
Physical and mental health history
Sexual orientation
Medical history,
Biometric information
Call data records.
Photos (optional uploaded by users in order to use certain features)
Visitor details as provided at the time of registration or thereafter
Any details related to the above points.

Any publicly available information is does not come under SDPI.

Definitions

Company: Fitment, “www.fitment.life”, “Company”, “Firm”, “we”, “our”, “us”, “Service Provider” or similar terminology are all in reference to Fitment as a provider of Services for the remainder of this document.

User: “Client”, “user”, “you”, “your” or other similar terminology are all in reference to you, as the user of the website and as a recipient of our Services and resources for the remainder of this document.

Website or Platform: “Platform” or “Website” or similar terminology are all in reference to the website or web links that the User can employ to access Services provided by the Company.

Mental Health Professional: “Mental Health Practitioner”, “Mental Health Professional”, “therapist”, “expert”, “doctor”, “consultant” or similar terminology are all in reference to the Mental Health Professional.

Scope

This website – “Fitment.Life” (“Website”) is developed and made available by Niyati Bagla which may mean and include any of our affiliates, associates, assignees or successors-in-interest as determined by us at our sole discretion and without requiring any prior notice or intimation, from time to time.
Our Services and website are not directed to persons under the age of 18 years. We do not knowingly solicit anyone under the age of 18 to participate independently in any of our Services. Anyone below 18 (eighteen) years of age will be considered a minor (“Minor”) and requires parental consent to use the Website. The parents/legal guardian of the Minor or users above 18 (eighteen) years of age are hereinafter referred to as “User”.
This policy (“Privacy Policy”), together with the terms and conditions for the use of the Website (“Terms of Use”), outlines the Website’s privacy practices regarding the collection, use and safeguard of the User’s information through the Website and the Services offered thereupon.
User clicking the “I agree” button and submission of personal information or if the User is a minor, the submission of personal information either by User’s parents/guardian or with the permission of parents/ guardian will be deemed as acceptance of this Privacy Policy.

Changes To The Privacy Policy

Life reserves the right to change or remove any part of the Privacy Policy without notice or liability to any third party. In the event there are significant changes in the way we treat your Personal Information, or in the Privacy Policy, we may take reasonable effort (but are in no way obligated) to display a notice on the website or send you an email, so that you may review the changed terms prior to continuing to use the platform.
We are obligated to protect User information in accordance with applicable laws, and regulations.
This Privacy Policy is subject to modification based on changes in the business, legal and regulatory requirements and will be updated online.
We will make all efforts (but are not obligated) to communicate any significant changes to this Privacy Policy to the Users.
Continued use of the Website or the Services thereunder shall constitute acceptance of any such amendment.

User Consent

Before we can provide the User with access to the Website and its Services (as highlighted in the Terms of Use), we require consent. Under the applicable laws, we cannot collect, process or store any information pertaining to the User without explicit consent. Without consent, we will not be able to collect and process the necessary information, without which we cannot provide access to our Services available through our Website.
In case the User is a minor, the parent/guardian, will be considered the primary account holder. This means that:

The parents/guardians are the person primarily responsible for ordering Services and paying any fees or other charges made to us.
The parents/guardians are responsible for deciding whether to share the Minor User’s content with us and third parties.
The parents/guardians are responsible for the active monitoring of the Minor user’s content.

Minors are expressly prohibited from including any personally identifiable information in any content that they post to us or third parties.
By using the platform, providing us your Personal Information or by making use of the features provided by the platform or by making a payment to Fitment, you hereby provide your consent to the collection, storage, processing, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy and under the data privacy laws in India.
You acknowledge that you are providing your Personal Information out of your free will, either directly to Fitment or through a third-party or your organisation. You have the option to not provide us the personal information sought to be collected.
You will also have an option to withdraw your consent at any point, provided such withdrawal of consent is intimated to us in writing to support@fitment.life.
If you do not provide us with your Personal Information or if you withdraw the consent at any point in time, we shall have the option to not fulfil the purposes for which the said Personal Information was sought and we may restrict your use of the platform.

Information Collection

The User may provide certain information to us while interacting with the Website or while using the Services.
The information provided by the User may include, but is not limited to, the User’s name, age, gender, email address, phone number, postal address, and any other information that may be required for the User’s identification.
We may also collect non-personal information about the User, such as the type of device used, browser type, demographic information, etc.

Use Of Personal Information

To enable you to engage with our Services, we will use personal information about yourself – provided directly to us or to a third party or your organisation – to contact or identify you, such as your name, phone number, emergency contact number, gender, occupation, hometown, personal interests, your email address, reason(s) for cancelling an appointment with a Mental Health Professional, medical history and any other information that the Mental Health Professional might require from you.
We also collect information you provide from responses and feedback you send to us. If you communicate with us by email or phone, any information provided in such communication may be collected as personal information (“Personal Information”)
The User’s information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without the User’s consent.
The main reason we collect this Personal Information is to provide you a smooth, efficient and customised experience. The collection of Personal Information also enables the user to create an account and profile that can be used to interact with our mental health professionals.
All the information provided to Fitment by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that Fitment may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules. The information collected from the User may be used for various purposes, including but not limited to:

for the purpose of providing you the access of Fitment Platform and Services,
for communication purpose so as to provide You a better way of booking appointments and for obtaining feedback in relation to the Mental Health Professionals and their services/practice,
debugging customer support related issues
for the purpose of contacting you to complete any transaction if you do not complete a transaction after having provided us with your contact information in the course of completing such steps that are designed for completion of the transaction
for the purpose of identifying and reaching you
for resolving service and billing problems via telephone or email
for assisting you in scheduling appointments, reminding you of any upcoming or follow-up appointments, as well as cancelled appointments.
for providing you with further information, products and services, and newsletters.
for better understanding your needs and interests and customizing the website accordingly.
for running statistical research (such research will only use your information in an anonymous way and cannot be linked back to you)
for detecting and protect us against error, fraud, and other criminal activity.
for making disclosures as may be required under applicable law.
for improving our website and services, in order to better serve you.
for us to better service you in responding to your customer service requests.
for running a contest, promotion, survey.
for processing your financial transactions in a timely manner.
for contacting you to offer new products or features on the Fitment Platform.
for executing your request for products and services.
for interacting with you to build relationship with you.
for conducting business with you.
for contacting you to provide the relevant information regarding any events, promotions.
for attaining your feedback to improve our services, products, effectiveness of website etc.
for notifying you regarding any new products, services, offers that may be of interest to you.
for processing your application with us.
for responding to inquiries, questions, and/or other requests.

If you have voluntarily provided your Personal Information to Fitment for any of the purposes stated above, you hereby consent to such collection and use of such information by Fitment.
Furthermore, by providing us with the Personal Information you authorize Fitment (including its business partners and affiliates) contact You on Your telephone number(s) and email for any purpose including those mentioned above.
Collection, use and disclosure of information which has been designated as ‘Personal Information’ or ‘Sensitive Personal Data or Information’ require your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such use, collection and disclosure as required under applicable law.

Information Protection

We implement a variety of security measures to maintain the safety of the User’s personal information.
The User’s personal information is stored in secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential.
All sensitive/credit information supplied by the User is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Please note that we are required to retain certain information in keeping with professional standards or by law for record maintaining purposes (including but not limited to payment history, feedback, client information, etc.), so we will continue to store this information for a pre-specified period of time as per applicable laws, even if you discontinue services with us.
There may also be residual information that will remain within our databases and other records, which, irrespective of any efforts by us to delete information, will not be removed from them.

Cookies

We use “cookies” to collect information and smoothen your experience on our platform. A cookie is a small data file that we transfer to your device’s hard disk for record-keeping purposes.
Cookies are small files that a site or its service provider transfers to the User’s computer’s hard drive through the browser (if the User allows) that enables the site’s or service provider’s systems to recognize the User’s browser and capture and remember certain information.
We use cookies to understand and save the User’s preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We may work with third parties that place or read cookies on your browser to improve your user experience. In such cases, by using the third party services through our platform, you consent to their Privacy Policy and terms of use and agree not to hold Fitment liable for any issues arising from such use.
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all features or functionalities of the platform.

Confidentiality

Life maintains the confidentiality of information disclosed during personal consultation. The Mental Health Professional will take all reasonable precautions to protect confidential information obtained through or stored in any medium.
Given our aim of delivering high-quality services, Fitment requires all its Mental Health Professionals to be part of a regular supervision structure where all cases are discussed and quality checks are maintained.
If there is a threat to the well-being of the client themselves or to someone else (cases involving harm to self or harm to others), the Mental Health Professional will be obligated to share information with the clinical supervisor and others, including emergency contacts, and other people deemed fit and essential to maintain safety, including but not limited to family, friends and law enforcement authorities, or to comply with legal requirements.
If the Mental Health Professional receives knowledge of any criminal activity, including present or past abuse of minors, senior citizens or disabled persons, they will be obligated to share information with law enforcement authorities, and to comply with all legal requirements.
In the event that you are required to seek a consultation from another mental health professional or medical professional, clinically significant information can be shared with the relevant professional with your consent.
In the process of supervision, other Mental Health Professionals may have access to information and notes as needed for clinical excellence and safety, without revealing your personal identifiable information (information that can be used to identify you personally, such as name, phone number, email address, photograph)
All reasonable attempts will be made to inform you before any information is shared with a third party outside Fitment.
Except for the reasons outlined above, the Personal Information shared on Fitment will only be shared with others after permission has been granted by you orally or by way of email/letter.

Third-Party Disclosure

Life does not sell, trade, or otherwise transfer your Personal Information to third parties unless we provide you with advance notice. However, this does not apply to any storage or transfer to and from server/website hosting partners and other parties who assist us in operating our platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

Third-Party Links

The platform may contain links to other third party sites. The third party sites are not necessarily under the control of Fitment.
Occasionally, at our discretion, we may include or offer third-party products or services on our website.
Please note that Fitment is not responsible for the privacy practices of such third party sites.
These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites.
Life encourages you to be aware when you leave the platform and to read the privacy policies of each and every third party site or mobile application that collects Personal Information. If you decide to access any of the third-party sites linked to the platform, you do this entirely at your own risk.

User Rights

The User has the right to ask us not to process their personal information for marketing purposes. We will usually inform the User (before collecting their data) if we intend to use their data for such purposes or if we intend to disclose their information to any third party for such purposes.
The User can exercise their right to prevent such processing by not checking certain boxes on the forms we use to collect their data.

Data Transfer

The User’s information collected through the Website may be stored and processed in India or any other country in which we or our subsidiaries, affiliates, or service providers maintain facilities.
We may transfer, in full compliance with applicable laws, any information that we collect about the User, including Personal Information, to affiliated entities, or to other third parties across borders and from the User’s country or jurisdiction to other countries or jurisdictions around the world. These countries may have data protection laws that are different to the laws of the User’s country and, in some cases, may not be as protective.
We have taken appropriate safeguards to require that the User’s information will remain protected in accordance with this Privacy Policy such as entering into signed agreements to ensure the adequate protection of the User’s Personal Information.

11.4. If the User is located outside India, by providing the information to us, the User consents to the transfer, processing, and storage of information in India. The User’s consent to this Privacy Policy followed by the submission of information represents the User’s agreement to that transfer.

Liabilities

We shall not be liable for any indirect, incidental, consequential, special, or exemplary damage(s) arising due to loss of data or use arising out of or in connection with the User’s access or use of or inability to access or use the Website, including but not limited to any sub-domains.
We shall not be liable for any third-party products, software, or service provided to the User. The User shall assume all risks arising out of or resulting from any transaction undertaken by the User with such third party on the Website, and the User agrees that we shall not be responsible or liable for any loss to the User due to the User’s usage of such third-party application.

Sale Of Assets, Merger, Acquisition

We may share the User’s information with our parent, subsidiaries, and/or affiliates for internal purposes.
The Company also reserves the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Website or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.
The User will be notified via email and/or a prominent notice on our Website of any change in ownership.

Third Party Services

Please note that the User’s internet service provider, operating system provider, third-party applications, social media platforms, and websites that the User access may also collect, use, and share information about the User and the User’s usage. We cannot control how these third parties collect, use, share, or secure this information.
For information about third-party privacy practices, please consult their respective privacy policies.

For Mental Health Professionals

All the statements in this Privacy Policy apply to all Mental Health Professionals, and all Mental Health Professionals are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to Fitment, failing which they are required to leave the Fitment Platform, including the Website immediately.
Mental Health Professionals’ personally identifiable information, which they choose to provide to Fitment, is used to help the Mental Health Professionals describe and identify themselves. This information is exclusively owned by Fitment.
You will be the owner of your information and you consent to Fitment to collect, use, process, and/or disclose this information for the purposes hereinafter stated. Fitment also reserves the right to use the information provided by or about the Mental Health Professionals for the following purposes:

Publishing such information on the Website.
Contacting Mental Health Professionals for offering new products and services on the Fitment Platform.
Contacting Mental Health Professionals for taking product feedback.
Analysing software usage patterns for improving product design and utility.
Analysing anonymized practice information including financial, and inventory information for commercial use.

Life enables the listing of Mental Health Professionals’ information on its Website as provided by You.
The Mental Health Professionals’ information listed on Website is displayed when End-Users search for Mental Health Professionals on the website, and the Mental Health Professionals’ information listed on the website is used by End-Users to request for appointments.
Such Mental Health Professionals are verified by Fitment, and Fitment makes every effort to capture accurate information for such Mental Health Professionals. However, Fitment does not undertake any liability for any incorrect or incomplete information appearing on the Website for such Mental Health Professionals.
Any personally identifiable information of the Mental Health Professionals listed on the Website is not generated by Fitment and is provided to Fitment by Mental Health Professionals who wish to enlist themselves on the Website.
Life displays such information on its Website on an as-is basis making no representation or warranty on the accuracy or completeness of the information. As such, we strongly encourage Mental Health Professionals to check the accuracy and completeness of their information from time to time and inform us immediately of any discrepancies, changes, or updates to such information.
Life will, however, take reasonable steps to ensure the accuracy and completeness of this information.

Queries And Complaints

Should the User have questions about the Privacy Policy or information collection, use and disclosure practices in relation to the Services, The User may contact our Grievance Officer at:

Email: support@fitment.life

The Grievance Officer shall redress the User’s grievances expeditiously. Except where required by law, we cannot ensure a response to questions or comments regarding topics unrelated to the terms of these Terms and Conditions or the Privacy Policy.

We are dedicated to maintaining the privacy and integrity of your Personal Information. If you decide at any time that you no longer wish to receive certain communications from us, you can inform us by writing to support@fitment.life.

If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Fitment Platform, please send us an email at support@fitment.life.