Privacy Policy

Privacy Policy

PLEASE READ THESE PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE.

1. Context & Purpose

  1.  The domain name www.fitnepali.com, an internet based portal is owned and operated by White Hat Fitness Private Limited, a company duly incorporated under the provisions of the Companies Act, 2063 (hereinafter, referred to as “Fitnepali” or “We” or “Our” or “Us” or “Company”). The domain name is referred to as “Website”.
  2.  The Website is a platform that facilitates the purchase of fitness products for sale by various relevant vendors (hereinafter referred to as “Services”, with the relevant vendors referred to as “Sellers”). The arrangement between the Sellers and Fitnepali shall be governed in accordance with this Privacy Policy. The Services would be made available to such natural persons and legal persons (company) who have agreed to become buyers on the Website after obtaining due registration, in accordance with the procedure as determined by Fitnepali, from time to time (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by the Sellers.
  3.  For the purpose of providing the Services and for other purposes identified in this Privacy Policy, Fitnepali will be required to collect and host certain data and information of the Users. Fitnepali is committed to protecting the personal information of the Users and takes all reasonable precautions for maintaining confidentiality of the User’s personal information. This Privacy Policy has been designed and developed to help you understand the following:
    1.  The type of personal information (including sensitive personal data or information) that Fitnepali collects from the Users;
    2.  The purpose of collection, means and modes of usage of such personal information by Fitnepali
    3.  How and to whom Fitnepali will disclose such information;
    4.  How Fitnepali will protect the personal information including sensitive personal data or information that is collected from the Users; and
    5.  How User’s may access and/ or modify their personal information.
  4.  This Privacy Policy shall apply to the use of the Website by all Users / Sellers. Accordingly, a condition of each User’s use of and access to the Website and to the other services provided by Fitnepali to Users is their acceptance of this Privacy policy. Any User is required to read and understand the provisions set out herein prior to submitting any sensitive personal data or information to Fitnepali, failing which they are required to leave the Website immediately.
  5. This Privacy Policy is published in compliance of the (Nepalese) Information Technology Policy, 2057.

2. What is personal information?

  1.  Personal Information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available with Fitnepali, is capable of identifying the person concerned.
  2.  Sensitive Personal Data or Information means Personal Information of any individual relating to password; financial information such as bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information; any detail relating to the above as provided to or received by Fitnepali for processing or storage. However, any data/ information relating to an individual that is freely available or accessible in public domain or furnished under the Right to Information Act, 2065 or any other law shall not qualify as sensitive personal data/information.

3. Types of personal information collected by Fitnepali:

  1.  A User may have limited access to the Website and utilize some of the Services provided by Fitnepali without creating an account on the Website. Unregistered Users can access some of the information and details available on the Website. In order to have access to all the features and benefits on our Website, a User may be required to first create an account on our Website. As part of the registration process, Fitnepali may collect the following categories of personal information from the Users (hereinafter collectively referred to as “User Information”):
    1. Name;
    2. User ID;
    3. Email address;
    4. Address (including country and ZIP/postal code);
    5. Gender;
    6. Age;
    7. Phone number;
    8. Password chosen by the User;
    9. Valid financial account information; and
    10. Other details as the User may volunteer.
  2.  Fitnepali may keep records of telephone calls received and made for making inquiries, orders, or other purposes for the purpose of administration of Services.
    1.  Internet use: Fitnepali may also receive and/or hold information about the User’s browsing history including the URL of the site that the User visited prior to visiting the website as well as the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using as well as the name of User’s ISP. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Fitnepali and its service providers for the technical administration of the Website, research and development, and for User administration.
    2.  The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Fitnepali hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.
    3.  Fitnepali does not knowingly collect personal data from children.
    4.  Fitnepali may in future include other optional requests for information from the User including through User Surveys in order to help Fitnepali customize the Website to deliver personalized information to the User and for other purposes are mentioned herein. Such information may also be collected in the course of contests conducted by Fitnepali. Any such additional personal information will also be processed in accordance with this Privacy Policy.

4. Purposes for which your information may be used by Fitnepali:

  1.  The information which Fitnepali collects from you may be utilized for various business and/or regulatory purposes   including for the following purposes:
    1.  Registration of the User on the Website;
    2.  Processing the User’s orders / requests and provision of Services;
    3.  Complete transactions with Users effectively and billing for the products/ Services provided
    4.  Technical administration and customization of Website;
    5.  Delivery of personalized information and target advertisements to the User;
    6.  Improvement of Services and features on the Website;
    7. Research and development and for User administration (including conducting User surveys)
    8.  Non-personally identifiable information, exclusively owned by Fitnepali may be used in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and Fitnepali may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.
    9.  Dealing with requests, enquiries or complaints and other customer care related activities; and all other general administrative and business purposes.
    10.  In case of any contests conducted by Fitnepali in which the User participates, the User Information may be used for prize fulfillment and other aspects of any contest or similar offering.

5. Disclosure and transfer of your personal information:

  1.  Fitnepali may need to disclose/ transfer your personal information to the following third parties for the purposes mentioned in this Privacy Policy and the Terms of Use:
    1.  To Sellers and other service providers appointed by Fitnepali for the purpose of carrying out services on Fitnepali’s behalf under contract. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, will have rights to use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies.
    2.  To our affiliates in Nepal or in other countries who may use and disclose your information for the same purposes as us.
    3.  To government institutions/ authorities to the extent required a) under the laws, rules, and regulations and or under orders of any relevant judicial or quasi-judicial authority; b) to protect and defend the rights or property of Fitnepali; c) to fight fraud and credit risk; d) to enforce Fitnepali’s Terms of Use (to which this Privacy Policy is also a part) ; or e) when Fitnepali, in its sole discretion, deems it necessary in order to protect its rights or the rights of others.
    4.  If otherwise required by an order under any law for the time being in force including in response to enquiries by Government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.
    5. In case of contests conducted by Fitnepali in which the User participates, the concerned User’s information may be disclosed to third parties, also be disclosed to third parties to the extent necessary for prize fulfilment and other aspects of such contest or similar offering.
  2.  Fitnepali makes all User Information accessible to its employees and data processors only on a need-to-know basis. All Fitnepali employees and data processors, who have access to, and are associated with the processing of User Information, are obliged to respect its confidentiality.
  3.  Non-personally identifiable information may be disclosed to third party ad servers, ad agencies, technology vendors and research firms to serve advertisements to the Users. Fitnepali may also share its aggregate findings (not specific information) based on information relating to the User’s internet use to prospective, investors, strategic partners, sponsors and others in order to help growth of Fitnepali’s business.
  4.  Fitnepali may also disclose or transfer the User Information, to another third party as part of reorganization or a sale of the assets of an Fitnepali corporation division or company. Any third party to which Fitnepali transfers or sells its assets will have the right to continue to use the personal data and/ or other information that a User provide to us.

6. Retention of the information:

  1.  All the information collected/ stored under this Privacy Policy and Terms of Use is maintained by Fitnepali in electronic form on its equipment, and on the equipment of its employees. User Information may also be converted to physical form from time to time. Regardless of the manner of storage, Fitnepali will keep all User Information confidential and will use/ disclose it only the manner specified under the Privacy Policy and Terms of Use.
  2.  Part of the functionality of the Website is assisting the Sellers to maintain and organize such information to effect sale and purchase of products. Fitnepali may, therefore, retain and submit all such records to the appropriate authorities, or to Sellers who request access to such information.
  3. The Website is also designed for assisting the Users to access information relating to pharmaceutical products. Fitnepali may, therefore, retain and submit all such records to the relevant Users.
  4. Fitnepali will also ensure that User Information is not kept for a period longer than as required for the purposes for which it is collected or as required under any applicable law.

7. Links to third-party advertisements:

  1.  The links to third-party advertisements, third party websites or any third party electronic communication services (referred to as “Third Party Links”) may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with Fitnepali unless expressly specified on the Website.
  2.  If you link to any such Third Party Links, we request you review the website’s privacy policy. We are not responsible for the policies or practices of Third Party Links.

8. Security Practices and Procedures:

  1.  Fitnepali adopts reasonable security practices and procedures to include, technical, operational, managerial and physical security control measures in order to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
  2.  Fitnepali makes all User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
  3.  Fitnepali takes adequate steps to ensure that third parties to whom the Users’ Sensitive Personal Data or Information may be transferred adopt reasonable level of security practices and procedures to ensure security of Personal Information.

9. Users’ rights in relation to their personal information collected by Fitnepali:

  1.  All the information provided to Fitnepali by a User, including Sensitive Personal Information, is voluntary. User has the right to withdraw his/ her/ its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive.
  2.  Users can access, modify, correct and delete the personal information provided by them which has been voluntary given by the User and collected by Fitnepali in accordance with this Privacy Policy and Terms of Use. However, if the User updates his/ her information, Fitnepali may keep a copy of the information which User originally provided to Fitnepali in its archives for uses documented herein. In case the User seeks to update or correct, his/ her personal information, the User may exercise these rights by emailing Fitnepali at [email protected] and communicate the change(s) for updating Fitnepali’s records.
  3.  If you, as a casual visitor, has inadvertently browsed any other pages of this Website prior to reading the Privacy Policy and the Terms of Use, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by Fitnepali. All visitors, however, encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing/ deletion, as Fitnepali cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.
  4.  If you have inadvertently submitted any personal information to Fitnepali prior to reading the Privacy Policy and Terms of Use, and you do not agree with the manner in which such information is collected, stored or used, then you can ask Fitnepali, by sending an email to [email protected] containing the rectification required, whether Fitnepali is keeping personal data about him/ her, and every User is also entitled to require Fitnepali to delete and destroy all such information relating to him/ her (but not other Users) in its possession.
  5.  In case the User does not provide his/ her information or consent for usage of personal information or subsequently withdraws his/ her consent for usage of the personal information so collected, Fitnepali reserves the right to discontinue the services for which the said information was sought.

10. Additional notes to the User:

  1.  Fitnepali does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which Fitnepali is not responsible or liable. Accordingly, Fitnepali does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does Fitnepali guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. Fitnepali encourages the User to read the privacy policies of that website.
  2.  Fitnepali shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Fitnepali or any Seller. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Fitnepali has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fitnepali has the right to suspend or terminate such account at its sole discretion.
  3.  Fitnepali shall not be responsible for any breach of security or for any actions of any third parties that receive Users’ personal data or events that are beyond the reasonable control of Fitnepali including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
  4.  The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Fitnepali of any actual or suspected unauthorized use of the User’s account or password.
  5.  Fitnepali will communicate with the Users through email and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The Users can ask Fitnepali, by sending an email to [email protected] containing the rectification required.

11. Changes in the Privacy Policy:

  1.  Fitnepali may update this privacy policy at any time, with or without advance notice. In the event there are significant changes in the way Fitnepali treats User’s personal information, Fitnepali will display a notice on the Website or send Users an email. If a User uses the Service after notice of changes have been sent to such User or published on the Website, such User hereby provides his/ her/ its consent to the changed practices.

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