Privacy Policy
This Privacy Policy (the "Policy") explains how we, BurnCal Healthcare Pvt. Ltd. ("BurnCal", "we", "our" or "us") will process any Personal Information we collect about visitors and/or member of our Website ("you").
BurnCal is the "data controller" with respect to Personal Information collected and used as described in this Privacy Policy.
Definitions
"Applicable Laws" shall mean any applicable privacy or other law, to the extent applicable to BurnCal.
"Personal Information" means individually identifiable information, i.e. information that identifies an individual or may with reasonable efforts cause the identification of an individual.
"Non-Personal Information" means information that does not personally identify an individual, such as anonymized information.
"Services" means the personal workout application that we offer through our web and mobile-based platform available at www.burncal.fit and through its related websites, including but not limited to Android and Apple Store. (collectively the "Website").
  1. Types of Personal Information that we Collect
    We may collect and process the following Personal Information about you:
    • Personal Information that you provide to us
      • Personal Information that you provide when subscribing to our Services, including by creating a user account and by filling in forms, as well as through the use of our Services;
      • Personal Information that you provide us to process your payment for the Services insofar as payment is due;
      • Personal Information that you provide us when participating in surveys, questionnaires, or quizzes produced by the Website;
      • Personal Information that you provide to us through our contact form or our company email address, in order for us to contact you; Please do not provide more Personal Information than is required for us to contact you.
      • Personal Information that you provide to us when we speak to you in meetings or by telephone.
 This may include:
      • your full name, your email address, your phone number, your address, your gender, your age and your employment status;
      • If you provide us with credit card information in connection with the purchase of the Services, that information is sent directly from your browser to the third party we use to manage credit card processing and we do not store it on our servers. We are not permitted to use the information you provide except for the sole purpose of credit card processing on our behalf.
    • Personal Information that we collect or Generate
      If you browse our Website and/or use the Services, we may collect your Personal Information. This may include information about the browser and device you use to connect to our Website, such as your Internet Service Provider (ISP), operating system, your device's Internet Protocol (IP) address, and your geographic location through the use of “cookies”. For more information on our cookies and other means of tracking, please see Section ‎9 ("Cookies") below. We may also collect Personal Information related to your activity on our Website. This may include last login, your activity on the platform upon which the Services are provided such as referring/exit
    • pages, date/time stamps, the web page you were visiting, and information relating to your search.
  1. The Types of Non-Personal Information that we Collect or Generate
    In addition to the categories of Personal Information described above, we will also process anonymized information and data that is not processed by reference to a specific individual. We may collect this Non-Personal Information through the Website and/or the interface of the Services in the following ways: 
    • Information that your browser sends ("Log Data"). Log Data may include, but is not limited to, non-identifying information regarding your device, operating system, internet browser type, screen resolution, language and keyboard settings, internet service provider, the web page you were visiting, and information you search, etc.  We may use automated devices and applications to evaluate the usage of our Website, and/or Services. We use these tools to help us improve our Website and Services, performance, and user experience. We may also engage third parties to track and analyze data or provide other services on our behalf. Such third parties may combine the information that we provide about you with other information that they have collected from other sources. This Policy does not cover such third-parties use of the data and such use is governed by such third parties privacy policies. For more information, please see Section ‎6 "Sharing Information with Others" below.
  1. How we use your Personal Information
    We may use your Personal Information to:
    • process your order and administer your user account;
    • provide and operate the Website and the Services;
    • keep a record of which Services you have subscribed to and to deliver the Services you have requested;
    • provide you with ongoing assistance and technical support;
    • provide you with information about our products and services (direct marketing) which we believe may be of interest to you. You have the right to ask us not to process your Personal Information for direct marketing purposes. If at any time you wish to opt-out of directing marketing, please contact us at hello@burncal.fit.
    • enforce our Terms of Use available at www.burncal.fit and other contractual arrangements, to comply with court orders and warrants, and prevent misuse of the Website and/or Services, and to take any action in any legal dispute and proceeding;
    • to carry out any relevant regulatory or legal obligations imposed on us;
    • to monitor and analyze the use of the Website and the Services and study and analyze the functionality of our Website and the Services;
    • to better understand your needs, both on an aggregated and individualized basis, in order to further develop, customize and improve our Website and Services based on the preferences, experiences, and difficulties of users;
    • to create aggregated statistical data and other aggregated and/or inferred Non-Personal Information, which we may use to provide and improve our Website and the Services; and
    • as otherwise authorized by you in writing.
  1. How We Use Non-Personal Information
    We may use information that is Non-Personal Information for the same purposes we use Personal Information (where applicable) and in addition in order to:
    • compile anonymous or aggregate information, 
    • disclose to third party vendors, service providers, contractors, or agents who perform tasks on our behalf in connection with the Website or the Services, 
    • monitor and analyze the use of the Website and the Services and for the technical administration and troubleshooting of the use of the Website, and the Services, and 
    • provide us with statistical data. 
    • Analytics Tools
      We may use analytics tools ("Tools") including "Google Analytics" to collect information about the use of the Website and/or Services. Such Tools collect information such as how often users visit the Website, what pages they visit when they do so, and what other sites they used prior to coming to the Site. The Tools collect aggregated and anonymized data. We use the information we get from the Tools to improve our Website and Services. Google's ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use located at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy located at http://www.google.com/policies/privacy/.
  1. Sharing information with others
    We do not sell, rent or lease your Personal Information. We may share Personal Information with affiliates, service providers, and other third parties, as necessary for them to perform functions on our behalf, aimed at fulfilling the purposes for collecting and processing the information, such as cloud vendors, billing providers, subcontractors providing our processing services, etc., provided that any such third party will commit to protect your privacy under the Applicable Laws and in accordance with this Policy. Additionally, a merger, acquisition, or any other structural change may require us to transfer your Personal Information to another entity, provided that the receiving entity will comply with this Policy. We may need to disclose Personal Information in response to lawful requests by public authorities or law enforcement officials, including for meeting national security or law enforcement requirements. We cooperate with government and law enforcement officials to enforce and comply with the law.
  2. Transfer of Personal Information outside your Territory
    We may store, process, or maintain information in various sites worldwide, including through cloud-based service providers worldwide. We may transfer your Personal Information to our affiliates or third parties in locations around the world for the purposes described in this Policy. Wherever your Personal Information is transferred, stored, or processed by us, we will take reasonable steps to safeguard the privacy of your Personal Information.  
  3. Your rights
    In all of the above cases in which we collect, use or store your Personal Information, you may have the following rights and, in most cases, you can exercise them free of charge. At any time, you may contact us at: hello@burncal.fit and request to know what Personal Information we keep about you. We will make good-faith efforts to locate the data that you request to access. If you are located in America or the EU you shall have the following rights with respect to the processing of your Personal Information:
    • The right to access – you have the right to request a review of your Personal Information held by us.
    • The right to rectification – you have the right to request that we correct any Personal Information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
    • The right to erasure – under certain conditions, you may be entitled to require that we delete or "block" your Personal Information (e.g. if the continued processing of specific information is not justified or if the lawful basis for processing is consent).
    • The right to restrict processing – in certain circumstances, you have the right to request that we restrict the processing of your Personal Information.
    • The right to object to processing – where that lawful basis for processing your Personal Information is our "legitimate interests", those lawful bases are not absolute, and you may have a right to object to such processing.
    • The right to data portability – under certain conditions, you have the right to request that we transfer the Personal Information that we have collected about you to another organization, or directly to you.
    • Right to withdraw consent: if the processing of your Personal Information is based on your consent, you have the right to withdraw your consent to such processing at any time.
If you would like to exercise any of these rights, please contact us at our contact details specified in Section ‎14 "How to Contact us" below. When you ask us to exercise any of your rights under this Policy, we may need to (i) ask you to provide us certain credentials to identify you and to verify that you are whom you claim you are, in order to avoid disclosure to you of Personal Information related to others; and (ii) ask you questions to better understand the nature and scope of data that you request to access. We may redact from the data which we will make available to you, any Personal Information related to others and/or as required by Applicable Laws.
  1. Cookies
    A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. When you access or use our Website or Services, we use industry-standard technologies such as "cookies", other tracking technologies, and other local files, which store certain information on the browser or hard drive of your computer and which will allow us to distinguish you from other users, track your click-stream to assess the performance of the Website and the Services, gather information about your approximate geo-location, store your preferences, enable automatic activation of certain features and improve your user experience and other capabilities. Most devices and browsers will allow you to erase cookies from your device’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Please note that unless you block the acceptance of cookies, the Website will utilize cookies upon your use of the Website or the Services (all unless it is required by Applicable Laws to provide a separate consent to use such cookies, and in which case we will use such cookies only after we receive your separate consent to such use and subject to your right to withdraw such consent at any time).
  2. Data Security
    We take the safeguarding of your Personal Information and Non-Personal Information very seriously and use a variety of industry-standard systems, applications, and procedures to protect the information from loss, theft, damage, or unauthorized use or access. However, although we make efforts to protect your privacy, we cannot guarantee that the Website and the Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.  We also regularly monitor our systems for possible vulnerabilities and attacks and regularly seek new ways and to further enhance the security of our Website and Services and protection of your privacy. You should take steps to protect against unauthorized access to your password and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. In addition, you should take steps to protect against unauthorized access to Personal Information stored on your premises as well as defining limited access rights to such information on a need-to-know basis.
  3. Data Retention
    We retain different types of information for different periods, depending on the purposes for processing the data. We may retain Personal Information for as long as necessary in order to support our legitimate business purposes, for example, for storing data, for documentation, for cyber-security management purposes, legal proceedings, and tax issues.  We may store aggregated Non-Personal Information without a time limit. In any case, as long as you use the Website, we will keep information about you, unless we are legally required to delete it, or if you exercise your rights to delete the information. 
  4. Our Policy toward Children
    Our Website and/or the Services are not meant to be used by or for persons under 16, as such, we do not knowingly collect Personal Information from minors younger than 16. If this age requirement is not met, you are required to obtain the consent of the parent or guardian to provide and process information in accordance with this Policy; lacking such consent, please do not use the Website or the Services.
  5. Changes to this Policy
    We may change the terms of this Policy from time to time by posting a notice on our Website, with a 7 day advance notice. However, substantial changes will be effective 30 days after the notice was initially posted. We will make an effort to inform you of substantial changes through the channels of communication generally used in such circumstances. If we need to adapt the policy to legal requirements, the amended Policy will become effective immediately or as required. Your continued use of the Website following such notice shall constitute your consent to any changes made and a waiver of any claim or demand in relation to such changes. If you do not agree to the new or different terms, you should not use them and are free to discontinue using the Website.
  6. Applicable Law And Dispute Resolution
    This Policy shall be governed by and construed in accordance with the laws of India.  The courts of Ahmedabad, Gujarat shall have exclusive jurisdiction over all disputes and proceedings arising from this Policy.
  7. How to Contact us
    For further information about this Policy, please contact us at: hello@burncal.fit. If you have any concerns regarding this Policy, please contact us and we will make good-faith efforts to address your concerns. We are usually able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from us, you may escalate concerns to the applicable privacy regulator in your jurisdiction. Upon request, we will provide you with the contact details for that regulator.