Anyone can access our Website without the necessity to register an account. Therefore, limited use of the Services is always possible without the provision of your personal details (for example, browse the Website, read the Blog, review the variety of services etc.). However, whenever you access the Website we collect log information and put cookies on your device, by which we track your activity on the Website. You can always opt out from cookies except from those, without which the Website cannot work.
When you are a registered User Skale Fitness may collect from you and process Cookie identifiers and those data you specifically provide us with upon registration, including first name, last name, email, phone number, Skype ID or social network ID (if assigned through Facebook or Google+ or if accessing Google Calendar), time zone, interface language, IP address, and device type, as well, whereas in case of Telegram subscription, your Telegram ID may also be processed by SKALE Fitness.
Specifically, if you are a tutor, we may also collect and process, besides the aforementioned information, the other data provided by you, including zip-code, gender, year of birth, city of living, and education experience.
Registered Users may additionally provide us with added profile pictures as well as chosen currency to perform actions pursuant to our Refund and Payment Policy.
Any questions regarding this Policy and our services should be sent to email@example.com
1. What is personal data and what is processing of personal data. Main definitions
Personal data is any information relating to you and that alone or in combination with other pieces of information gives the opportunity to a person that collects and processes such information to identify you as an individual.
Processing of the personal data means any operation with your personal data, whether or not by automated means, as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing; means you as a user of Skale Fitness.
Consent of the data subject/user is any freely given, specific, informed and unambiguous indication of the data subject/user’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Skale Fitness’s lawful bases for processing
Skale Fitness processes your personal data only when we have lawful bases. Specifically, Skale Fitness processes your personal data if:
- processing is based on the consent you have given. As such our newsletters, collection, analysis, and publication of user feedback and reviews, analysis of video lessons, and placement of different types of cookies is based on your consent;
- processing is necessary to provide our services to you according to our Terms of Service which constitute a contract between you and us as regards to information services of SKALE Fitness;
- processing is necessary for the purposes of our legitimate interests. Those legitimate interests are:
- compliance with the Indian financial and accounting legislation;
- the assessment of Skale Fitness’s business efficiency by analyzing website traffic and financial performance indicators;
- promotion of SKALE Fitness through social media networks, media outlets, and affiliates, such as bloggers or influencers;
- performance of the contracts with enterprise clients and provision of reports on their employees’ performance.
- user session control and fraud prevention, ensuring the appropriate protection of personal data;
Skale Fitness may also process information provided by you (including content and messages) that you post on/through our Website, including personally identifiable information. By so doing, you acknowledge that any information you share through the Services will be available to Skale Fitness and to other users of the Services.
From our turn and unless you opt-out, we retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. We reserve the right to terminate the accounts of visitors who use these services in a manner inconsistent with the Terms of Service.
3. Service Use, Cookies and other Similar Technologies
a. Billing information
Details of transactions you carry out through our Website (as ID, date and time of transaction).
b. Sensitive data
Unless you expressly agree, Skale Fitness does not process your sensitive data.
4. Data We Collect: Purposes
We may process your personal data you provided us voluntarily with for the purposes defined below. From our perspective, we process your personal data to personalize the use of Skale Fitness to the fullest extent possible and to provide you with the high-quality Services under the Terms of Service.
(a) Provision of Services
Primarily, we process your personal data to authorize access to our Services and to fulfill our obligations under the Terms of Service for Services provision. Specifically, we use your personal data upon registration to help others (be it a tutor or a student) to find your account or profile, schedule, give and/or take lessons, and track your learning progress.
In order for you to use the Services you will need to provide payment (e.g. credit card details) and billing information through our partners – third party payment providers, which process your personal data encrypted and securely. Please see our Refund and Payment Policy for more information.
Please note, that without the information provided by you under our Terms of Service, we will be unable to provide you with the functionality of our platform, connect you with other users, allow you to communicate with them and take/give lessons.
(b) Payment Services
We use third-party payment providers to bill you through an online account payment in lieu of directly processing your credit/debit card information. Your paid balance for one or more lessons is safe in your account as we use an integrated iframe for checkouts from our partners-payment providers (RazorPay, PayTM) and tutors get payment for each confirmed lesson securely through third-party payment providers (PayTM, GPay, PayPal, TransferWise). Correspondingly all transactions are secured as our partners-payment providers use SSL encryption protection. All payment information is stored encrypted and securely by RazorPay. We do not store your payment information on our servers.
(c) Referral service
For referral service purposes, we generate a personalized referral link or coupon code for you to share with your friends to sign them up.
We may contact you by email and other ways, including through publicly available notices, for service related purposes (welcome letter, security and legal notices, announcements, Skale Fitness updates, reminders, suggestions etc.). We may also use your data to enable you to communicate with other users through Skale Fitness, including exchanging messages, conducting video calls, and/or leaving feedback about other users.
Your contact data (including email, phone number, Skype name etc.) may also be used for gathering feedback. We may contact you to participate in research to improve the user experience of our product. The research will be used for internal purposes only, including:
-Feature development and product updates;
-Marketing activities, including publishing them on SKALE Fitness on other information resources;
-Other service updates for improving your experience.
Your feedback will not be video recorded, audio recorded, or webcast by the Interviewer without obtaining consent from you first. The same applies to your voice and/or image recording.
Having received the communications from us, you are always able to opt-out to such communications in each message, excluding legal notices, or change of user settings on Skale Fitness.
(e) Marketing and promotion of SKALE Fitness
We may process your first name, last name and email on our mailing list or for the newsletter and send you messages with some commercial or promotional information about our Services. But don’t worry, we will request your consent first, and you may always opt-out from our marketing messages, using the mechanisms described under the respective link in each message, and through the user settings available on Skale Fitness.
To promote Skale Fitness platform through blog and influencer channels, we allow individuals to participate in the affiliate program on our Website. When we receive the information to participate in the affiliate program, we process this information to register you as an affiliate and further track the progress of the promotion of our platform.
Also, please pay attention that we may use the information provided by you as feedback. The latter may be used by Skale Fitness without any additional compensation to you.
(f) Analytics and Development
In order to find the points of interest in our Services and for the purposes of analytics, we monitor and analyze web traffic and keep track of your behavior within our Services. This enables us to provide services that are relevant to you and boost the quality of our Services. The data concerned within this activity are Cookies and Usage data, such as the parts of our Services you visit, the date and duration of your visit, and type of the device you used during your visit. All your data stated in this paragraph is collected and further processed in a manner that does not allow your identification.
We may also carry out polls and surveys through Skale Fitness using external GDPR-compliant services. You are not obliged to respond to them and you may opt-out of such polls and surveys through user settings. In order to inform, optimize and serve you relevant advertising based on your past use of our Services, we may process your Usage Data and Cookies. Please, follow our Cookies Policy for additional information.
(g) Competitions participation
From time to time, we conduct learning-focused competitions for individuals that meet certain criteria. Participants are required to fill in the registration forms to register for the competition and prove they are eligible. We process this information exclusively to organize and conduct the competition, determine the winner(s), and contact them regarding the results and prizes.
(h) Compliance with legal requirements
We process certain payment information to comply with applicable legal requirements in the field of finances and/or accounting. We also may process the data collected on the platform in connection with legal requests we receive from you or any other competent person and/or body, and we may use this information to exercise, defend and/or establish our legal rights.
(i) Fraud prevention
Certain information, such as your log information, payment information and your behavior on the platform are subject to our supervision to prevent fraudulent activities on the platform and assisting you in managing your user sessions.
If Skale Fitness decides to change the purposes of processing specified above, we will inform you about such changes prior to the use of your personal data within the newly set purposes. The notification on such changes will be sent to your email and you will have to provide your consent for the amended purposes unless the additional purpose of processing is compatible with those listed above.
In case you do not want to provide us the requested personal data for the purposes specified above, you may not have access to certain functions of the Services.
5. How We Share personal data?
In order to provide high-quality services, Skale Fitness hires people, enters into the agreements with independent contractors as well as cooperates with other services providers, companies and organizations strictly under data processing agreement (DPA). For those reasons, some of your personal data can be passed to the persons mentioned. Skale Fitness uses only secure places of storage, such as provided by AWS (Amazon India) with servers located in India, and other services and applications listed below.
As we mentioned above, we also use some services to collect, manage, analyze or otherwise process your data:
(1) Zoho Transmail
We use these cloud-based solutions as the tools to manage and optimize the transactional emails.
(2) RazorPay, PayTM, TransferWise, GPay
These are payment providers and services enabling your transfer and receipt of funds as payment for services provided via our Services.
SKALE FITNESS MAY DISCLOSE INFORMATION:
- as required by law, such as to comply with a subpoena, or similar legal process;
- when we believe in good faith (doctrine of uberrima fides) that the disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request;
- with our trusted service providers who work on our behalf and do not have an independent use of the information we disclose to them and have agreed to and adhered to the rules set forth in this Policy;
- to protect against imminent harm to the rights, property or safety of the Application/Website or our users or the public as required or permitted by law;
- with third party service providers in order to personalize the Application/Website/Services/products for a better user experience and to perform behavioural analysis;
Governing Law and Jurisdiction:
In the event of any dispute arising between the parties with respect to this Agreement, the same shall be referred to the Sole Arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The language of arbitration proceeding shall be English. The seat and place of arbitration shall be Chennai and the decision of the Arbitrator shall be final and binding on both parties herein.
This contract shall be subject to the exclusive jurisdiction of courts in Chennai, Tamilnadu, India and shall be governed by the Indian laws.