Privacy Policy

Personal information you disclose to us

In Short:  We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the express an interest in obtaining information about us or our products and Services, when you participate in activities on the (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the , the choices you make and the products and features you use. The personal information we collect may include the following:

Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS" below.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short:  Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our .

We automatically collect certain information when you visit, use or navigate the . This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our and other technical information. This information is primarily needed to maintain the security and operation of our , and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

More specifically, we may need to process your data or share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

• Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

• Other Users. When you share personal information or otherwise interact with public areas of the , such personal information may be viewed by all users and may be publicly made available outside the in perpetuity. If you interact with other users of our and register for our through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our , and view your profile.

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

In Short:  If you choose to register or log in to our services using a social media account, we may have access to certain information about you.

Our offers you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform.

We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant . Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

In Short:  We may transfer, store, and process your information in countries other than your own.

Our servers are located in. If you are accessing our from outside, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above), in and other countries.

If you are a resident in the European Economic Area, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than __________.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

In Short:  We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the , you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the . If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at _8899002000_________.

In Short:  You may review, change, or terminate your account at any time.

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Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. 

Privacy policy is akin to a pre-nuptial agreement. A one-size fits all privacy policy may not be sufficient. A privacy policy should be crafted with purpose and consideration. The essential elements of a privacy policy as per the extant data protection laws of India are as follows:

Consent: The most crucial component of a privacy policy is 'consent'. In this regard the Supreme Court has in re Puttuswamy7 made the following observations:

"497. It was rightly expressed on behalf of the Petitioners that the technology has made it possible to enter a citizen's house without knocking at his/her door and this is equally possible both by the State and non-State actors. It is an individual's choice as to who enters his house, how he lives and in what relationship. The privacy of the home must protect the family, marriage, procreation and sexual orientation which are all important aspects of dignity. 498. If the individual permits someone to enter the house it does not mean that others can enter the house. The only check and balance is that it should not harm the other individual or affect his or her rights. This applies both to the physical form and to technology."

No information must be used without the consent of provider of information. Normally organizations will make their privacy policy as comprehensive as possible to avoid liability. The privacy policy will be at the bottom of the website in tiny font. Ordinary presumption is that lengthy privacy policies filled with legal jargon make for a sturdy legal document. Once the user has proceeded to use the platform for its services or solutions, the action of the user is deemed as consent to the privacy policy. However, it is crucial to understand that these types of consent are bereft of two crucial components of the concept of 'consent' – notice and choice.

Notice: The manner in which the privacy policy is presented to the user, i.e., not only the placement of privacy policy but also being able to reasonably prove that the user has had a chance to read and understand the terms in the privacy policy is a crucial requirement of consent. If the privacy policy is merely provided as a link at the bottom of the platform in small fonts, it may be argued by a user that he was never given any notice regarding the privacy policy. Thus, data controller must ensure that the privacy policy is provided in an easily accessible manner on the platform.

Choice: The other vital component is choice8. It is not enough that users have been shown to have accepted the privacy policy through a click-wrap mode; they should have the ability to opt-in and/or opt-out of the information sharing requirements of the business. The present laws allow the data controller to withhold the provision of the goods of services for which the information is sought, if the provider of information does not provide or later chooses to withdraw his consent.9 However, if the opt-in opt-out option is not provided to the provider of information in cases where the information has been collected for a specific purpose but is also intended to be used for some other purpose, then there is a risk that the deemed consent of the user to the long-form privacy policy is construed as 'contracts of adhesion'10 and as unconscionable11 by the Indian courts. For e.g., a healthcare platform which seeks to use the medical information of its users for some other purpose like suggesting fitness equipment that may be most suitable for the information provider, then such information provider should be given two options in the privacy policy – one which allows the platform to use the information being collected for other specifically demarcated purposes, other which disallows the platform to use the information being collected for other specifically demarcated purposes. By providing these two options the platform has essentially ensured that the consent obtained from the user was informed and proper and avoid the risk of being construed as a contract of adhesion.
Purpose of information collected12. The privacy policy needs to clearly specify the purpose of collection of the information.13 Only that personal information should be collected from data subjects as is necessary for the purposes identified for such collection, regarding which notice has been provided and consent of the individual taken14. An omnibus purpose which ambiguously refers to future commercial usage may not be favourably viewed by Indian courts, especially if the other elements of the privacy policy have not been met15.

If there is a change of purpose, this must be notified to the individual. The information collected for a specified purpose cannot be retained for longer than it is required of the purposes16. Thus, once the personal information has been used in accordance with the identified purpose it should be destroyed by the data controller. However the privacy policy should clearly specify the manner in which the personal information is intended to be used.
Disclosure of information. The type of information collected must also be clearly informed to the information provider. Technological advancement is not equivalent to technological literacy. It is not audacious to assume that many of the internet users are still unaware of the perils of data divulge. Therefore, it is vital that the information provider be informed about the nature of his personal information that is being collected. The data controller must also permit the providers of information, as and when requested by them, to review the information they had provided17. The other side of this aspect is that the data controller must also obtain prior permission if it intends to disclose the collected information to a third party18 except with government agencies mandated under law.
Security practices. The Sensitive Information Rules19 mandates every data controller to have comprehensively documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with the information assets being protected with the nature of the business. This document is often confused by the business with their privacy policy which is not the case. The international standard IS/ISO/IEC 27001 on "Information Technology – Security Techniques – Information Security Management System – Requirements" is on such standard that may be adopted.

In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

If you have questions or comments about this notice, you may email us at [email protected] swimwell.net__________ or by post to:

__________

__________

__________

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.

This privacy policy was created using Termly’s Privacy Policy Generator.

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