Privacy Policy

Last Updated On: 20th March 2023

This Privacy Policy outlines Athlex Innovations Private Limited approach to privacy to fulfil its obligations under applicable privacy laws.

This Privacy Policy is published in compliance with EU General Data Protection Regulation, 2018.

This Privacy Policy applies to all your Personal Data processed by us, whether in physical or electronic mode.

Please note that this Privacy Policy is applicable to all instances where we play the role of a Data Controller of your Personal Data, when we collect and process personal data about you for offering our products or services. We also play the role of a Data Processor when we process Personal Data on behalf of your organization. In that case, the Privacy Policy of your organization becomes applicable to your

Personal Data.

Athlex Innovations Private Limited is committed to keeping your Personal Data private. We process any personal Data we collect from you in accordance with the applicable laws and regulations mentioned and the provisions of this Privacy Policy. Please read the following carefully to understand our views and practices regarding your Personal Data and how we treat it. Throughout this document, the terms “we”, “us”, “our” and “ours” refer to Athlex Innovations Private Limited and the terms “you”, “your” and “yours” refer to YOU (as the Data Subject).

What Personal Data Do We Collect and Process?

Categories of Personal Data that we collect, and process are as follows:

• Demographic and Identity Data (for e.g., name, date of birth, mobile number with ISD code, email address, age, gender, country, state, city, location, occupation, username, pin/zip code, address)

• Health Data (for e.g., medical history, injury history, basic fitness parameters scores, height, weight)

• Online Identifiers and other Technical Data (for e.g., device ID, Internet Protocol (IP) address, device type, browser type, access time, image file)

• Personal Data collected via permissions on our mobile application (for e.g., contacts, camera,

notification, storage)

• Generated Data (for e.g., fitness test report, user ID)

• Communications details (for e.g., communication done through emails)

• Testimonials that may contain some Personal Data

Where Do We Obtain Your Personal Data From?

Most of the Personal Data we process is provided by you directly to us when you use our products and/or services. This also includes the Personal Data collected automatically and in the background by us when you use our website and application(s). We may also receive Personal Data about you from Third Parties.

How Do We Use Your Personal Data?

We use your Personal Data for the following purposes:

• To verify your identity.

• To deliver our products and services.

• To communicate with you regarding existing products and services availed by you, including

notifications of any alerts or updates.

• To evaluate, develop and improve our products and services.

• For market and product analysis and market research.

• To send you information about our other products or services which may be of interest to you.

• To handle enquiries and complaints.

• To comply with legal or regulatory requirements.

• To investigate, prevent, or take action regarding illegal activities, suspected fraud and situations involving potential threats to the safety of any person.

Lawful Basis of Processing Your Personal Data

We process your Personal Data by relying on one or more of the following lawful basis:

• You have explicitly agreed to/consented to us processing your Personal Data for a specific reason.

• The processing is necessary for the performance of the contract we have with you or to take steps

to enter into a contract with you.

• The processing is necessary for compliance with a legal obligation we have.

• The processing is necessary for the purposes of a legitimate interest pursued by us.

Where the processing is based on your consent, you have the right to withdraw your consent at any point in time. Please note that should the withdrawal of consent result in us not being able to continue offering our products and services to you, we reserve the right to withdraw or cease our products and services to you upon your withdrawal. You may withdraw consent by contacting us with a written

request to the contact details specified below in the ‘Contact Us’ section. Upon receipt of your request to withdraw your consent, the consequences of withdrawal will be communicated to you. Upon your agreement to the same, your request for withdrawal will be processed.

When Do We Share Your Personal Data with Third Parties?

We may use Third Parties in the provision of our products and services to you. We may share your Personal Data with such Third Parties. We have appropriate contracts in place with all such Third Parties.

This means that they are not permitted to do anything with your Personal Data which is outside of the scope specified by us. They are committed to hold your Personal Data securely and retain it only for the

period specified in our contracts with them.

1. Reasons for sharing your Personal Data with Third Parties:

We may disclose your Personal Data to Third Parties only where it is lawful to do so. This includes

instances where we or they:

• need to provide you with products or services.

• have asked you for your consent to share it and you have agreed.

• have a legitimate business reason for doing so.

• have a legal obligation to do so, for e.g., to assist with detecting and preventing fraud.

• have a requirement in connection with regulatory reporting, litigation or asserting or defending legal rights and interests.

We may also disclose your Personal Data to appropriate authorities if we believe that it is reasonably necessary to comply with a law, regulation, legal process; protect the safety of any person; address fraud, security, or technical issues; or protect our rights or the rights of those who use our products and services.

2. With whom your Personal Data may be shared:

We may disclose your Personal Data to the following Third Parties:

• other group companies.

• any sub-contractors, agents or service providers who work for us or provide services like processing payments, provision of data storage, hosting Athlex Platform and performing web analysis.

• law enforcement authorities, government authorities, courts, dispute resolution bodies, regulators, auditors and any party appointed or requested by applicable regulators to carry out investigations or audits of our activities.

• statutory and regulatory bodies, authorities (including the government) investigating agencies and entities or persons, to whom or before whom it is mandatory to disclose Personal Data as per the applicable law, courts, judicial and quasi-judicial authorities and tribunals, arbitrators and arbitration tribunals.

Cross-Border Data Transfer

The data collected from you is stored in India and will be under the guidelines as mentioned in the relevant laws of the Republic of India.

Personal Data we hold about you may be transferred to other countries outside your residential country for any of the purposes described in this Privacy Policy. Any personal data that we transfer will be protected in accordance with this Privacy Policy as well as with adequate protections in place in compliance with applicable laws and regulations.

Please note that these countries may have differing (and potentially less stringent) privacy laws and that

Personal Data can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar process.

Use of Cookies and Other Tracking Mechanisms

We may use cookies and other tracking mechanisms on our website and other digital properties to collect data about you.

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information about your actions to the owners of the website.

Most web browsers allow you some control of cookies through browser settings.

Outlined below are the categories of cookies along with a description of what they are used for.

• Strictly Necessary Cookies – These cookies are needed to run our website, to keep it secure and to comply with regulations that apply to us.

• Functional Cookies – We may use functional cookies on our website. These cookies allow us to remember information you enter or choices you make (such as your username, language, or your region) and provide you with enhanced, more personalised features.

• Performance/Analytics Cookies – We may use performance/analytics cookies on our website. These cookies collect information about how visitors use our website and services, including which pages visitors go to most often and if they receive error messages from certain pages. It is used to improve how our website functions and performs.

• Marketing Cookies – We may use marketing cookies on our website. These cookies help us decide which of our products, services and offers may be relevant for you. We may use this data to tailor the marketing ads you see on our own and other website and mobile apps, including social media.

For instance, you may see our ads on other sites after you have been to our website.

We may also use trackers (such as web beacons, tags, pixels) on our website and other digital properties to collect data about you.

We may also collect Personal Data about you via our mobile app via permissions in the app. This is primarily used to enhance the functionality of the app and to analyse it to serve you better.

How Do We Secure Your Personal Data?

We are committed to protecting your Personal Data in our custody. We take reasonable steps to ensure appropriate physical, technical and managerial safeguards are in place to protect your Personal Data from unauthorized access, alteration, transmission and deletion. We work closely with our Third Parties to protect your data, build the safeguards required in our contractual agreements and enable for

notifications and controls for any security or privacy incidents.

How Long Do We Keep Your Personal Data?

We keep the Personal Data we collect about you for as long as it is required for the purposes set out in this Privacy Policy and Terms and Conditions and for legal or regulatory reasons. We take reasonable steps to delete or permanently de-identify your Personal Data that is no longer needed.

Children’s Privacy

Our services require collection of Children’s Personal Data. For such purposes we have parental consent system, which requires parent/guardian to provide consent for processing the Personal Data of children.

The information in the relevant parts of this Privacy Policy applies to children as well as adults.

Links to Other Websites

Our website may contain links to websites of other organisations. This Privacy Policy does not cover how those organisations process your Personal Data. We encourage you to read the Privacy Policies on the other websites you visit.

For any further queries and complaints related to privacy, or exercising your rights, you could reach us

at: support@athlexinnovations.com

Notification of Changes

We regularly review and update our Privacy Policy to ensure it is up-to-date and accurate. Any changes we may make to this Privacy Policy in future will be posted on this page.

Your Privacy Rights

If you are an EU resident, under the GDPR, you have the following rights, and we commit to provide you

with the same:6

• Right of Access: You have the right to get access to your Personal Data that is with us along with other supporting information.

• Right to Rectification: You have the right to ask us to rectify your Personal Data that is with us that you think is inaccurate. You also have the right to ask us to complete your Personal Data that you think is incomplete.

• Right to Erasure: You have the right to ask us to erase your Personal Data that is with us under certain circumstances.

• Right to Restriction of Processing: You have the right to ask us to restrict the processing of your Personal Data under certain circumstances.

• Right to Data Portability: You have the right to ask that we transfer the Personal Data you gave us to another organisation, or to you, under certain circumstances.

• Right to Object: You have the right to object to the processing of your Personal Data under certain circumstances.

• Right to lodge a complaint with the Supervisory Authority: You have the right to lodge a complaint with a supervisory authority.

• Right to not be subjected to Automated individual decision-making, including profiling If you wish to make a request to exercise any of your rights, you can Contact Us using the details in the

‘Contact Us’ section of this Privacy Policy