This Privacy Policy is effective as of November 1, 2024.
This Digital Privacy Policy (“Privacy Policy”) describes how Brainchild Technologies Inc (“we,” “us,” or “our”) collects, uses, and discloses your personal data through a variety of digital means when you access or use this website or mobile application (the “Platform”) on any computer, mobile phone, tablet, console, or other device (collectively, “Device”). We may modify this Privacy Policy at any time, effective upon its posting.
We collect personal data in the following ways:
Active collection refers to the personal data you provide when you sign up for an account. This may include your name, surname, email address, and other personal details. We process this data to provide our services and communicate with you. Providing this personal data is voluntary, but without it, you will not be able to sign up for an account.
We also use this data to optimize our products, understand our customers, build a database of interested consumers, and identify potential early adopters.
For payments, we do not collect credit card or other payment data directly through the Platform. Instead, payments are processed via third-party payment gateway providers. Any card data you provide is submitted directly to the payment gateway provider you select.
For EEA Data Subjects: The legal basis for processing active collection data is either the contract with you to use the Platform or our legitimate interest in product and business development. We have determined through a balancing test that our legitimate interests do not override your rights or freedoms.
We may also use your personal data to send marketing messages about our products, if you consent to receive such messages. For EEA data subjects, we will only send marketing messages if you have provided your consent. The legal basis for this processing is consent.
Passive collection refers to information, which may include personal data, that is automatically collected as you navigate and interact with the Platform, such as cookies.
The purpose of collecting this information is to understand visitor behavior, engagement with different areas of the Platform, and to improve the overall customer experience.
Information collected via passive collection includes:
The following information may be collected from your Device and browser:
Our servers automatically record the following information:
If you have any questions about this Privacy Policy, please contact us at sales@sportivates.in
For more details regarding your rights as an EEA data subject, including how we balance legitimate interests with your rights and freedoms, please contact us for further information.
We do not currently respond to "do not track" signals in browsers; we are trying to provide a customized experience. The Platform uses "cookies" to collect information, which may include personal data including standard internet log information and details of your behavioral patterns upon visiting our Platform. We do this to provide you with a better experience, identify preferences, diagnose technical problems, analyze trends and to improve the Platform. "Cookies" are small data files transferred onto computers or devices by websites for record-keeping purposes and to enhance functionality on the Platform.
For EEA data subjects: The legal basis for the automatic collection of personal data listed above are our legitimate interests which are the following: to monitor and maintain the performance of the Platform and to analyze trends, usage and activities in connection with our Platform, to provide a better experience for you, to identify preferences, to diagnose technical problems and to analyze trends and to improve the Platform. We have assessed in a balancing test that the processing is necessary to achieve our aforementioned legitimate interests and that our legitimate interests are not overridden by your interests or your fundamental rights and freedoms. Providing such personal data is voluntary.
The Platform also uses cookies to collect information to be used for targeted marketing purposes and/or tracking purposes. If the law requires us to do so, we will first seek your consent before using cookies in this way. For EEA data subjects: We will only use cookies in this way with your consent. The legal basis for such processing is your consent.
To the extent you have consented to us doing so, we may combine personal data you give us with other personal data we hold about you from other sources, transactions, and communications. This may include personal data obtained from our stores, direct mail, catalogs, events, products and applications, or other interactions. To the extent you have consented, we may also combine that personal data with data that is publicly available and data from third parties. We also collect personal data about gift recipients provided by the giver.
For EEA data subjects: The legal basis for the combination of such personal data is your consent.
We may provide your personal data to our holding company and affiliates, some of which may be outside the European Union. The access is limited to colleagues with a need to know.
For EEA data subjects: The legal basis for the respective transfer of your personal data is our legitimate interests. Our legitimate interests are the transmission of personal data within the group of companies for internal administrative and support purposes. We have assessed in a balancing test that the processing is necessary to achieve our aforementioned legitimate interests and that our legitimate interests are not overridden by your interests or your fundamental rights and freedoms.
We may transfer your personal data to service providers to conduct our business. For example, they may handle data management, email distribution, market research, information analysis, and promotions management, acting as data processors. We may also share your personal data to administer features (e.g., music download, race registration, or workout routine). Those external service providers will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard your personal data and to process the personal data only as instructed. All credit card or other payment card data you supply through the Platform is transmitted to the third-party payment gateway provider you select.
To the extent permitted or required by applicable law, we may disclose personal data upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others’ rights, property, or safety. To the extent permitted by law, we may share personal data to prevent illegal uses of our products and services or violations of the Terms of Use, or to defend ourselves against third-party claims. We may also share personal data with companies assisting in fraud protection or investigation.
For EEA data subjects: The legal basis for such processing is compliance with a legal obligation to which we are subject or our legitimate interests, such as exercise or defense of legal claims. We have assessed in a balancing test that the processing is necessary to achieve our aforementioned legitimate interests and that our legitimate interests are not overridden by your interests or your fundamental rights and freedoms.
Your personal data may be transferred to a third party as a part of our business assets in a sale of a part or all of our business. If this should happen, notice of the transfer will be provided by posting to the Platform or other form of communication.
For EEA data subjects: The legal basis for the transfer may be your consent, the performance of a contract, the pursuit of legitimate interests, or other applicable legal bases.
You may choose to share certain personal data. In order to participate in certain features, you may have to adjust your privacy settings and share more personal data. You may also choose to share your activity on other platforms, such as Facebook and Twitter. Please read the privacy policies of those platforms, because your activity published on those platforms will no longer be governed by this Privacy Policy.
For EEA data subjects: The legal basis for sharing this personal data is your consent.
We use a variety of security measures, including encryption and authentication tools, to help protect your personal data. All credit card or other payment card data you supply through the Platform is transmitted to the selected third-party payment gateway provider on an SSL encrypted basis.
If you have concerns or questions regarding this Privacy Policy, please contact us as follows:
Address:
#20, 2nd Cross,
Gowndanapalya,
Subramaniapura Post,
Bangalore- 560 061
The below sections set out rights and other matters specific to EEA data subjects.
The personal data that we collect or receive about you may be transferred to and processed by recipients who are located inside or outside the European Economic Area and which do not provide for an adequate level of data protection. The countries that are recognized to provide for an adequate level of data protection from an EU law perspective are Andorra, Argentina, Canada, Switzerland, Faeroe Islands, Guernsey, the State of Israel, Isle of Man, Jersey, New Zealand, and the Eastern Republic of Uruguay. Recipients in the US may partially be certified under the EU-U.S. Privacy Shield and thereby deemed to provide for an adequate level of data protection from an EU law perspective. To the extent your personal data is transferred to countries that do not provide for an adequate level of data protection from an EU law perspective, we will base the respective transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission. You can ask for a copy of such appropriate safeguards by contacting us as set out in Section “Contact Us”. The access is limited to recipients with a need to know.
You can modify or delete your profile within certain of our services, through your account. Your information previously posted may still be publicly viewable. We may keep information and content in our backup files and archives. Your personal data will be retained as long as necessary to provide you with the services requested. When we no longer need to use your personal data to comply with contractual or statutory obligations, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it, unless we need to keep your personal data, including if we need to keep your personal data to comply with legal or regulatory obligations to which we are subject, e.g. statutory retention periods and usually contain retention periods, or if we need it to preserve evidence within the statutes of limitation.
If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
Pursuant to applicable data protection law, you may have the right to request access to your personal data, request rectification of your personal data; request erasure of your personal data, request restriction of processing of your personal data; request data portability, and object to the processing of your personal data. Please note that these aforementioned rights might be limited under the applicable national data protection law. For further information on these rights, please refer to Section “Your Rights in Detail”.
You also have the right to lodge a complaint with a data protection supervisory authority. To exercise your rights, please contact us as stated in Section “Contact Us”.
You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this right is not absolute and we may refuse to provide access in certain circumstances.
You may have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
You may have the right to obtain from us the erasure of personal data concerning you without undue delay, and we are obliged to erase personal data without undue delay where one of the following grounds applies: (a) the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (b) you withdraw consent on which the processing is based, and where there is no other legal ground for the processing; (c) you object to the processing pursuant to Section “Your Rights” and there are no overriding legitimate grounds for the processing; (d) the personal data has been unlawfully processed; (e) the personal data has to be erased for compliance with a legal obligation in Union or Member State law to which we are subject.
You may have the right to obtain from us restriction of processing where one of the following applies: (a) the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data; (b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead; (c) we no longer need the personal data for the purposes of the processing, but you require it for the establishment, exercise, or defense of legal claims; (d) you have objected to processing pursuant to Section “Your Rights” pending the verification whether our legitimate grounds override yours.
You may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, and have the right to transmit that data to another controller without hindrance from us, where the processing is based on consent or a contract and is carried out by automated means.
You may have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you, including profiling based on those provisions. We will no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise, or defense of legal claims.