upUgo : Sports and Fitness for Children

Privacy Policy

1. Non-disclosure + Confidentiality:

You shall not disclose to any third party or put to unauthorised use any Confidential Information disclosed to you by us. You shall take all measures to maintain the confidentiality of the Confidential Information in your possession or control. You shall not commercially exploit the Confidential Information in any manner. ‘Confidential Information’ shall mean any and all information regarding the Venture that has been disclosed to you by us including but not limited to business and marketing related information, financial information, target/potential customer base related information, information related to the physical training content and modules to be used by the Venture in its business (the “Training Content”) etc. whether disclosed to you in writing, visually, electronically or orally.

2. Intellectual Property:

Please note that the intellectual property in the Training Content that is disclosed to you is owned by several third-party organizations, and we only have a limited license to use the same in connection with the Venture. Notwithstanding the disclosure of the contents of the same to you, the ownership of such content shall remain the exclusive property of the said third party organizations. The disclosure and/or sharing of the Training Content with you shall not constitute an express or implied grant to you of any intellectual property rights in the same, and you shall not be entitled to (i) use by yourself; or (ii) disclose the same to any third party without risking the consequence of litigation.

3. Consequence of breach:

Please note that any breach of the obligations set out in Clauses 1, 2 and/or 3 above would constitute breach of contract under applicable Indian civil laws (which could entail the consequence of payment of monetary penalty/compensation) and breach of trust for the purposes of applicable Indian criminal laws (which could entail the consequence of payment of monetary fines / penal provisions as prescribed by Law).

Privacy Policy for Application

This privacy policy (“Policy”) describes how upugo and surgg ltd. (“upugo and surgg ltd.”, “we”, “us” or “our”) collects, protects and uses the personally identifiable information (“Personal Information”) you (“User”, “you” or “your”) may provide in the upugo mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).

It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

 

Automatic collection of information

When you open the Mobile Application our servers automatically record information that your device sends. This data may include information such as your device’s IP address and location, device name and version, operating system type and version, language preferences, information you search for in our Mobile Application, access times and dates, and other statistics. Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding Mobile Application traffic and usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

Collection of personal information

You can use the Mobile Application without telling us who you are or revealing anyinformation by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the Mobile Application’s features, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, make a purchase, or fill any online forms in the Mobile Application. When required, this information may include the following:
– Personal details such as name, country of residence, etc.
– Contact information such as email address, address, etc.
– Payment information such as credit card details, bank details, etc.
– Geolocation data of the mobile device such as latitude and longitude.
You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the Mobile Application’s features. Users who are uncertain about what information is mandatory are welcome to contact us.

Managing personal information

You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Mobile Application or Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below.

Storing personal information

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner  that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.

Use and processing of collected information

In order to make our Mobile Application and Services available to you, or to meet a legal obligation, we need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Some of the information we collect is directly from you via our Mobile Application. However, we may also collect Personal Information about you from other sources. Any of the information we collect from you may be used for the following purposes:
– Create and manage user accounts
– Deliver products or services
– Improve products and services
– Send administrative information
– Send marketing and promotional communications
– Respond to inquiries and offer support
– Request user feedback
– Improve user experience
– Deliver targeted advertising
– Administer prize draws and competitions
– Enforce terms and conditions and policies
– Protect from abuse and malicious users
– Run and operate our Mobile Application and Services
Processing your Personal Information depends on how you interact with our Mobile Application, where you are located in the world and if one of the following applies:

(i) You have given your consent for one or more specific purposes. This, however, does not apply, whenever the processing of Personal Information is subject to European data protection law;
(ii) Provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof;

(iii) Processing is necessary for compliance with a legal obligation to which you are subject;

(iv) Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;

(v) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

The rights of users

You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following:

(i) you have the right to withdraw consent where you have previously given your consent to the processing of your information;

(ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent;

(iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the
information undergoing processing;

(iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected;

(v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it;

(vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us;

(vii) you have the right to receive your information in a structured, commonly used and machine  readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.


Billing and payments

We use third-party payment processors to assist us in processing your payment information securely. Such third-party processors’ use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Privacy Policy. We suggest that you review their respective privacy policies.

Privacy of children

We recognize the need to provide further privacy protections with respect to Personal Information we may collect from children and take many special precautions to protect the privacy of children. We do not require a child to disclose more information than is reasonably necessary to use the Mobile Application and Services. Parents can review their child’s information, delete it, and refuse to allow any further collection or use of such information. Parents have an easy method for giving consent. We encourage children to consult with their parents before submitting any information to any Mobile Application, including upugo. We
believe parents should be involved in the online activities of their children and suggest that parents do their best to provide their children with a safe and friendly online environment.

 

Affiliates

We may disclose information about you to our affiliates for the purpose of being able to offer you related or additional products and services. Any information relating to you that we provide to our affiliates will be treated by those affiliates in accordance with the terms of this

Privacy Policy.

Links to other mobile applications Our Mobile Application contains links to other mobile applications that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other mobile applications or third-parties. We encourage you to be aware when you leave our Mobile Application and to read the privacy statements of each and every mobile application that may collect Personal Information.

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that

(i) there are security and privacy limitations of the Internet which are beyond our control;

(ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Mobile Application cannot be guaranteed; and

(iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.

Data breach

In the event we become aware that the security of the Mobile Application has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In  the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice in the Mobile Application, send you an email, get in touch with you over the phone.

Legal disclosure
In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and Personal Information will likely be among the assets transferred.

Changes and amendments

We may update this Privacy Policy from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Information. When changes are made, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Mobile Application or Services after the effective date of the revised Privacy Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Data in a manner materially different than what was stated at the time your Personal Data was collected.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Mobile Application and its Services.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to contactus@upugo.in