PRIVACY POLICY

At Big Toe Strength and Conditioning Pvt. Ltd. (“Company”), we value the protection of and are responsible for the use of your (“You”, “Your”, or “User”) personal data and information. Your privacy is important to us, and we are committed to safeguarding it.

Please take a moment to review our Privacy Policy to understand how we collect, use, and share your information. By accessing or using our website www.bigtoe.in, mobile applications, or any other services provided by us (collectively referred to as the “App”), you acknowledge and agree to the practices and policies outlined in this Privacy Policy.

This Privacy Policy is made available in accordance with:

1. Section 43A of the Information Technology Act, 2000

2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”)

3. Regulation 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

4. The Digital Personal Data Protection Act, 2023

5. Any other law or guidelines applicable for the protection of data and information in the country from time to time

Scope

This Privacy Policy pertains to how we handle personally identifiable information, both in digitised and non-digitised form (which shall later be digitised), collectively known as “Personal Information”, collected when you use our App to access third-party Products and Services, including fitness services, or visit offline stores, clinics, fitness centres, or other physical premises (“Premises”).

It applies to personal information received by the Company from India, and personal data processed outside India for the purpose of providing goods and services to Users. Please note that this policy does not cover the policies or practices of companies not owned or controlled by us (including our franchisees), or individuals not employed by us.

By visiting our Forum, downloading the App, or subscribing to or utilising Wellness Services, you consent to the collection, use, sharing, disclosure, and processing of your personal information by us and the sellers or service providers on the Forum (“We”, “Us”, “Our”), in accordance with the terms of this Privacy Policy or as otherwise required or permitted under applicable law.

We do not knowingly collect or solicit personal information from individuals under the age of 18, nor do we allow them to register for Wellness Services. If you are under 18, please refrain from attempting to register for Wellness Services or providing any information about yourself to us. If we discover that we have inadvertently collected personal information from a child under the age of 18 without parental consent, we will promptly delete such information. If you believe that we may have collected information from or about a child under 18, please contact us at hello@bigtoe.in or reach out to our Grievance Officer.

What information do we collect?

We gather various types of information, including:

Information you intentionally provide:

• Personal details submitted during registration on our App or website, such as your name, username, email address, gender, date of birth, height, and location.
• Data required for providing Services on the App or website, such as nutrition data, dietary and lifestyle information, physical attributes like height and weight, passwords, workout data (including camera outputs for live energy tracking or live workout sessions), physical activity levels, photographs, biometric data, genetic information, racial and ethnic background, family information (as necessary for effective service provision), sleep patterns, and other health-related insights for our Services.
• Bank details for payment processing.
• Health-related information, mental wellbeing status, disabilities, vaccination records, and past and present medical history, gathered to ensure the safety of our users and premises, fulfil our obligations as an employer, or provide specific benefits.
• Mobile address book data to facilitate user connections via squads, with no further processing of this information.
• Premises access and usage information, including workout sessions, activity levels, user counts, data recorded at reception desks and kiosks, and CCTV footage for common areas, collected in compliance with relevant CCTV policies.

The information collected falls under the categories of “personal information” or “sensitive personal data or information” (“SPDI”) as per the SPDI Rules and the Digital Personal Data Protection Act, 2023. By availing services or products or visiting our offline Premises, you consent to the collection of such information.

While you have the option to refrain from providing certain information, doing so may hinder your ability to register or access certain features. We may anonymise personal information to provide aggregated insights to our Affiliates. For example, we may combine data on gender and average nightly sleep duration to share generalised findings with Affiliates.

Information from iOS HealthKit, Health app, and Google Fit

When you share your iOS Health app data or Google Fit data with our App, that data is covered by this Privacy Policy.

We handle all iOS Health app and HealthKit data in accordance with Apple’s guidelines. To view Apple’s HealthKit developer guidelines, visit https://developer.apple.com/app-store/review/guidelines/#health-and-health-research.

Google Fit data is handled according to Google Fit Terms of Service. For more information, visit https://developers.google.com/fit/terms.

Automatically Collected Information

When you interact with our App, we automatically receive and record information on our server logs, including your IP address, cookie data, and requested pages. Cookies are identifiers that allow us to recognise your browser or device and understand how and when pages on our App are visited.

Information gathered through manual record-keeping at offline Premises

When you or an authorised person on behalf of the Company enters personal information into our system located on our Premises or in our books of accounts, we consider this conduct as your consent to retain such information for the purpose of serving you better and improving our offerings.

Purpose and Use of Information

We, our Affiliates, and service providers may use your Personal Information and SPDI for various purposes, including:

• Where we have a legal duty to use your personal information
• To respond to your requests
• Where we have obtained your consent
• To fulfil the purpose for which the information was collected
• For legitimate business or commercial interests, provided such interests do not override your rights
• To send communications about our or our affiliates’ current services, new services, promotions, and opportunities
• Provision and improvement of Services or products
• Contacting you about offerings and collaborations
• Business operations and legal compliance
• Generating insights to understand preferences and trends
• Fraud protection and risk reduction
• Ensuring effective functioning of our website and services
• Notifying you of new features, updates, policy changes, or administrative information
• Investigating breaches or protecting rights and safety
• Responding to requests from courts, law enforcement agencies, regulatory bodies, or government authorities, including those outside your country of residence

We strive to collect only information essential for providing services or addressing your inquiries. You are responsible for ensuring that the information you provide is accurate, complete, and up to date.

By providing your contact details on our website, Apps, Premises, or any other platform, you consent to receiving communications from the Company or its affiliates via email, SMS, or phone calls.

Sharing of Personal Information

To safeguard your account, choose a strong password and limit access to your devices. Always sign out after accessing your account.

We retain your information only for as long as necessary or as required by law. Data may be anonymised, aggregated, or de-identified and may be held by us, our affiliates, service providers, or authorised third parties.

While we take reasonable measures to protect your information, absolute security cannot be guaranteed due to potential risks such as unauthorised access or system failures.

Our App may contain links to third-party websites. We encourage you to review their privacy policies, as we are not responsible for their practices.

Although encryption enhances security, no transmission over the internet is entirely secure. Any information you transmit is at your own risk.

Transfer of SPDI outside India

Subject to applicable law, we may transfer personal information and SPDI to other entities in India or abroad that ensure comparable data protection standards. By using our Services, you consent to such storage and processing. We will endeavour to ensure compliance with Indian data protection laws.

Security of Personal Information

Ensure that your password is confidential and secure. If you wish to opt out of receiving communications, please contact our Grievance Officer at BTGrievance@bigtoe.in.

Accessing Personal Information

You may access, edit, or delete certain information through your account settings. Information automatically collected or uploaded cannot be modified later. We retain your personal information, including SPDI, until deletion is requested.

Grievance Redressal

For concerns or complaints, contact us at hello@bigtoe.in or reach out to our Grievance Officer or Consent Manager. We will resolve grievances within timelines prescribed under applicable laws.

Choices and Opt-Out Options

You may choose not to provide certain information, though some details are required for functionality. To modify or delete your information, contact hello@bigtoe.in or the Grievance Officer. Legal notices will continue to apply.

You may opt out of services, offers, or benefits as per applicable terms. Please review notices sent periodically.

Amendments to Privacy Policy

We may amend this Privacy Policy from time to time. Continued use of the App or Services constitutes acceptance of the revised policy. Significant changes will be notified via the App or through your registered email address.