Privacy Policy

Privacy Policy

1st September 2022

WHO WE ARE 

Proponitis Tech Private Limited and its group companies (collectively “Simply.Coach”, “Coach.Tech”, “we”, “us”, and “ours”) is committed to protecting your privacy. This Privacy Notice (“Notice”) describes how Simply.Coach processes Personal Data and sensitive personal data or information of a natural person as defined in Rule 3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“SPDI”) in its capacity as a controller (i.e. when Simply.Coach determines the purposes and means of the processing of personal data) It also describes your choices and rights regarding use, access and correction of your Personal Data. For the avoidance of doubt, this Notice does not apply to situations where we process Personal Data in our Processor’s role on behalf of our customers.  

DEFINITIONS 

The capitalized terms used in this Notice but not defined herein shall have the same meaning as defined in the Terms of Service  at  https://simply.coach/terms/  (“Terms”). As used in this Notice, “you” and “your” means an identified or identifiable natural person. 

1. WHOM DOES THIS NOTICE APPLY TO? 

This Notice applies to the Processing of Personal Data collected by us when you: 

  • Use our Service(s) whether it is through our web platform or our mobile applications. 
  • visit our Website(s). 
  • Visit our offices. 
  • Receive communications from us. 
  • Register for, attend or take part in our events, webinars or contests hosted by us. 

We also make available for you an online marketplace platform where you can download applications developed by Simply.Coach or by third parties. When applications are provided by us and the application links to this Notice, the Notice will apply. When applications are provided by third parties, the privacy statement of the third party will only apply. 

2. WHAT PERSONAL DATA DOES SIMPLY.COACH COLLECT 

A) Personal Data we collect directly from you (“Collected Data”).

1) Sign-up, billing and Account information. When you subscribe and sign-up to any of our Service(s), we may collect your (i) contact information such as name, e-mail address, mailing address, IP address, geographic location, or phone number of the Account admin; (ii) billing information, such as credit card number and billing address; (iii) name and e-mail address when a User provides feedback from within the Service(s); and (iv) User’s unique identifiers, such as username, account number or password. 

2) Personal Data provided at Simply.Coach’s Events. When you attend an event conducted by Simply.Coach, including webinars or seminars, we may collect your contact information such as name, e-mail address, phone number, designation and company name. If you attend any user conferences hosted by us at a physical location where we serve food and other refreshments, we collect information about your food preferences and allergies. 

3) Program Registrations

When you register for any of our programs through a registration form on our Website(s), we may collect information such as name, e-mail address, company name, designation, company website URL, location and contact information. 

4) Participation to Public forums, Community platform, Forms and Newsletters. When you visit or register our publicly accessible community forums and blogs or submit any forms on our Website(s), you should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Further, we may collect your (i) contact information such as name, e-mail address, mailing address, or phone number; (ii) information about your business, such as company name, company size, business type; and (iii) a short bio about you to identify you as the author of the post. We send you newsletters when you sign-up for a trial or give your e-mail id to download any guides or toolkits we make available. 

5) Usage Data, and Cookies

We use commonly used tools to automatically collect information that may contain Personal Data from your computer or mobile device as you visit our Website(s), use our application or in general our Service(s). 

(a) Cookies and Similar Technologies

We and our third-party advertising partners use cookies and similar technologies in analyzing trends, administering the Website(s), tracking users’ movements around the Website(s), and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. Most web browsers support cookies and users can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our Website(s) and Service(s). 

As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, the files viewed on our Website(s) (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data. We link this automatically Collected Data to other data we collect about you. 

(b) Mobile Applications

When you download, install and use our Mobile Applications, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”). 

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This Software may record certain information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal data you submit within the Mobile Applications. 

(c) Usage Data 

In addition to the information mentioned in Clause 6 (a) above that we automatically collect, we also collect clicks, scrolls, form-fill and page visits on our Website(s) and Service(s) to render user journey in real-time. Subject to this Notice, we will use such data and User Data, to (i) assess the needs of your business to determine or suggest suitable Service(s); (ii) send you requested information about the Service(s); (iii) respond to customer service requests, questions and concerns; (iv) to evaluate if a particular User has used any feature and for error monitoring and iv) for any such analytical purposes. 

(d) Single sign-on 

You can log in to our Website(s) using sign-in services such as Google, Facebook Connect and LinkedIn. These services will authenticate your identity and provide you the option to share certain Personal Data with us such as your name and e-mail address. Services like Google, Facebook Connect, Twitter, LinkedIn give you the option to post information about your activities on our Website(s) to your profile page and to share information with others within your network. 

(e) Social media features and third-party cookies 

Our Website(s) includes social media features, such as the Facebook “Like” button, the “Share This” button or interactive mini-programs. Where you interact with these features, they may collect your IP address, which page you are visiting on our Website(s), and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website(s). your interactions with these features are governed by the privacy notice of the company providing them. 

B) Information that we collect from third-party

From time to time, we may receive personal information about you from third-party sources like databases and social media but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us. 

The types of information we obtain from such third parties include your name, e-mail address, postal address, location, designation, telephone number and we use the information we receive from these third parties to maintain and improve customer support experience, improve the accuracy of the records we hold about you and for our sales and marketing purposes. 

3. WHY DO WE PROCESS PERSONAL DATA AND WHAT ARE THE LEGAL BASES WE RELY ON?

We collect and Process your Personal Data and SPDI for the following purposes:

  • Providing you with the Service(s), administer your account, assess the needs of your business to or suggest suitable Service(s) and respond to service requests, questions or concerns: we Process your Personal Data for these purposes to perform our contract with you or based on our legitimate interest.
  • Based on our legitimate interest: to perform analytics, train our algorithms, improve, enhance, develop, support and operate the Service(s) and its availability, compile statistical reports and record insights into usage patterns, develop new products and services using machine learning technologies and more generally to better serve you and be able to provide you with customized content and features.
  • Based on our legitimate interest or on your consent: to send you promotional and marketing communications; to send you communication from the Service(s). On the mobile app: to send receiving push notifications about any events or promotions that we may be running and/or update you about new features to our Service(s); If you no longer wish to receive these communications, you can opt-out by following the instructions set out in clause 10 below.
  • Based on our legitimate interest: to prevent or respond to any misuse of our Service(s) or applications or any violations of our Terms and any applicable laws.
  • Based on your consent: we may post your testimonials/comments/reviews on our Website(s) which may contain your Personal Data. Prior to posting the testimonial, we will obtain your consent to post your name along with the testimonial. If you want your testimonial to be removed, please contact us at help@simply.coach
  • To send you communications related to an event or a webinar to which you registered. We Process your Personal Data for this purpose to perform our contract with you or based on our legitimate interest.
  • Based on our contract with you: we will Process your Personal Data to the extent necessary to collect your subscription fees.
  • To respond to lawful requests by public authorities, including meeting national security or law enforcement requirements and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, police request or other legal process served on us.
  • If you are a resident of India, we collect your SPDI where we have your consent for the purposes mentioned under this clause. We shall, prior to collecting your SPDI, provide you the option to not provide such SPDI to us. Where you opt to not provide SPDI to us, we shall have the option to not provide the Service(s) for which the SPDI is required.

4. WITH WHOM DO WE SHARE PERSONAL DATA

  • We process Personal Data and SPDI in India and the United States and in other countries through third parties that we may use. We may also share your Personal Data as follows:
  • With third-party payment processors who process your credit card and other payment information for Simply.Coach but are otherwise not permitted to store, retain or use such information;
  • With third-party social media networks, advertising networks and websites;
  • If we are involved in a merger, reorganization or other fundamental corporate change with a third-party, or sell/buy a business unit to/from a third-party, or if all or a portion of our business, assets or stock are acquired by a third-party, with such third-party including at the due diligence stage. In accordance with applicable laws, we will use reasonable efforts to notify you of any transfer of Personal Data to unaffiliated third-party. 
  • When we process your subscription to our Service(s), we may send your Personal Data to and also use the resulting information from credit reference agencies to prevent fraudulent purchases. 
  • We may be required to disclose your Personal Data in response to: a) lawful requests by public authorities, including to meet national security or law enforcement requirements and/or b) subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. 
  • We may also share Personal Data to assist investigation and prevention of illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law. 

All such transfers are covered by the service agreements where relevant and we have taken appropriate safeguards to ensure that your Personal Data and SPDI will remain protected in accordance with this  Notice. Further details can be provided upon request. 

5. HOW DOES SIMPLY.COACH KEEP PERSONAL DATA SECURE? 

We use appropriate technical and organizational measures to protect the Personal Data and SPDI that we collect and Process. The measures we use are designed to provide a level of security appropriate to the risk of Processing your Personal Data. 

While information security risks are always evolving, so are the controls. The controls, so implemented, are periodically reviewed as part of internal and external audits. If you have questions about the security of your Personal Data, please contact us immediately as described in this Notice. 

6. YOUR RIGHTS 

A) Collected Data

  • You can request Us for access and correction of Your Personal Data and/or SPDI. 
  • You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us. 
  • Similarly, if we have collected and Processed your Personal Data or SPDI with your consent, then you can withdraw your consent at any time by writing to Us at the details provided in Clause 21. Withdrawing your consent will not affect the lawfulness of any Processing we conducted prior to your withdrawal, nor will it affect Processing of your Personal Data or SPDI conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority. 

If you are an individual resident in EEA, UK or Switzerland, you have the following data protection rights regarding Personal Data: 

  • If you wish to request deletion or erasure of your Personal Data, you can do so at any time by contacting us.
  • You can object to Processing of your Personal Data, ask us to restrict Processing of your Personal Data or request portability of your Personal Data. Again, you can exercise these rights by contacting us. 

If you seek access to, or wish to correct, update, modify or delete Personal Data (hereinafter referred to as a “Request”) which forms a part of Collected Data, please contact us at help@simply.coach. We respond to all requests we receive from individuals wishing to exercise their data protection rights within a reasonable timeframe in accordance with applicable data protection laws. 

B) Service Data

We acknowledge that you have the right to access your Personal Data. Simply.Coach has no direct relationship with the individuals whose Personal Data it processes. If you seek access to, or wish to correct, update, modify or delete Personal Data (hereinafter referred to as a “Request”) which is part of the Service Data and processed by us on behalf of our Customer or if you are an End-User of one of our Customers and would no longer like to be contacted by one of our Customers that uses our Service(s), you should direct your query to our Customer i.e. the controller. if requested to remove data, we will respond within a reasonable timeframe. 

If you are a Customer of our Service(s) and wish to raise a Request on behalf of your Users and End-Users in connection with Service Data, you may raise a ticket on the support portal of the relevant Service(s). Please note that if a Customer has subscribed to more than one Service(s), a Request on a particular Service(s) support portal is specific to that Service(s) only and separate Requests need to be raised across other relevant Service(s) support portals. 

7. RIGHTS UNDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”) 

We may receive and maintain certain ePHI from or on behalf of a Covered Entity. When we receive ePHI from a Covered Entity, we will use, disclose and protect ePHI in accordance with the BAA signed between us and a Covered Entity. You may enforce Your rights, if permitted under HIPAA, by contacting the Covered Entity that processes your ePHI. 

8. LGPD 

The Lei Geral de Proteção de Dados (LGPD) is a Brazilian data protection law that provides data rights for individuals and introduces compliance responsibilities for organizations such as Simply.Coach. The LGPD grants Brazil residents’ greater control over their personal data and gives national regulators new powers to impose significant fines on organizations that breach this law. The LGPD creates rights and protections similar to those created for European residents by the GDPR. At Simply.Coach we take a global approach to ensure all members benefit from increased control and clarity, which is in line with our commitment to putting our Customers first and working every day to maintain the trust they put in us. 

If you are a Brazilian national you have rights under the LGPD, including the right to take the following actions: 

  • Access your personal data
  • Correct errors in your personal data
  • Erase your personal data
  • Object to the processing of your personal data
  • Export your personal data

To make a request regarding your personal data please email us at help@simply.coach 

9. OPTING OUT PROCEDURE 

If you no longer wish to receive marketing communications from Simply.Coach, you may click on the “unsubscribe” link located at the bottom of our marketing emails or you can contact us at help@simply.coach. When using our Mobile Applications, you also have the option to turn off push notifications. 

If you would like to object to the use of your Personal Data for analytics, you can contact us at help@simply.coach 

10. OTHER COMMUNICATIONS 

If you are our Customer, we will send you announcements (email or in-product notifications related to the Service(s) on occasions when it is necessary to do so. For instance, if our Service(s) is temporarily suspended for maintenance, we might send you an e-mail. Generally, you may not opt-out of communications which are not promotional in nature. If you do not wish to receive them, you may deactivate your Account. 

11. RETENTION OF PERSONAL DATA 

We retain the Collected Data and SPDI where an ongoing legitimate business requires retention of such Personal Data. 

In the absence of a need to retain Personal Data under this Clause above, we will either delete it or aggregate it, or, if this is not possible then we will securely store your Collected Data and isolate it from any further Processing until deletion is possible. Personal Data contained in the Service Data is retained and deleted in accordance with the Terms. 

Notwithstanding the foregoing, we will retain Collected Data, SPDI and Service Data as necessary to comply with our legal obligations, for litigation/defence purposes, maintain accurate financial and other records, resolve disputes, and enforce our agreements. 

12. LINKS TO THIRD PARTY SITES 

Our Website(s) contain links to other websites that are not owned or controlled by Simply.Coach. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware when you leave our Website(s) and to read the privacy policies of each and every website that collects Personal Data. 

13. GOOGLE API DISCLOSURE 

Simply.Coach has developed functionality that allows its Customers to connect their Google Calendar using OAuth with our products. Connecting your Google Calendar to your Simply.Coach account allows Simply.Coach to associate your account with your personal information on Google, to see your personal information, including any personal information you have made available, to view your email address and access your calendar meetings in order to create them as a meeting in our products. The connection will further allow you to respond to your events directly from our product and to delete them once they are fetched into our product. 

Simply.Coach’s use of information received from Google APIs will adhere to Google API Services User Data Policy’s App’s, including the Limited Use requirement. 

14. Microsoft API DISCLOSURE 

Simply.Coach has developed functionality that allows its Customers to connect their Office 365 / Live.com / Hotmail / Outlook Calendar using OAuth with our products. Connecting your Outlook Calendar to your Simply.Coach account allows Simply.Coach to associate your account with your personal information on Google, to see your personal information, including any personal information you have made available, to view your email address and access your calendar meetings in order to create them as a meeting in our products. The connection will further allow you to respond to your events directly from our product and delete them once they are fetched into our product. 

Simply.Coach’s use of information received from Microsoft APIs will adhere to Microsoft APIs Terms of Use, including the Limited Use requirement. 

15. Zoom API DISCLOSURE 

Simply.Coach has developed functionality that allows its Customers to connect their Zoom account using OAuth with our products. Connecting your Zoom account to your Simply.Coach account allows Simply.Coach to associate your account with your personal information on Zoom, to see your personal information, including any personal information you have made available, to view your email address and access your zoom meetings in order to create them as a meeting in our products. The connection will further allow you to automatically create Zoom meetings directly from our product. 

Simply.Coach’s use of information received from Zoom APIs will adhere to Zoom Marketplace & Developers Terms of Service and Zoom API License and Terms of Use 

16. NOTICE TO END-USER AND OTHER EXCLUSIONS 

Our Service(s) is intended for use by businesses. Where the Service(s) is made available to an End-User through a Customer, that Customer is the controller of the End-User’s Personal Data. In such a case, the End-user’s data privacy questions and requests should be submitted to the Customer in its capacity as the End-User’s controller. If the End-User is an individual who interacts with a Customer using our Service(s), the End-User will be directed to contact our Customer for assistance with any requests or questions relating to their Personal Data. We are not responsible for Customers privacy or security practices which may be different from this Notice. Customers to our Service(s) are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations, relating to the collection of Personal Data in connection with the use of our Service(s) by End-Users. 

17. CHILDREN’S PERSONAL DATA 

Simply.Coach does not knowingly collect any Personal Data from children under the age of 18. If you are under the age of 18, please do not submit any Personal Data through our Website(s) or Service(s). We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce this Notice by instructing their children never to provide Personal Data through our Service(s) or Website(s) without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Data to us through our Website(s) or Service(s), please contact us and we will endeavour to delete that information and terminate the child’s account from our databases. 

18. AMENDMENTS 

Amendments to this Notice will be posted to this URL and will be effective when posted. If we make any material changes, we will notify you by means of a conspicuous notice on this Website(s) or via e-mail or via in-product notification. We will not be notifying you if we amend the Notice to make addition, deletions or modifications to the list of cookies from time to time to keep the list of cookies current and accurate. You should frequently visit this Notice to stay fully informed. Your continued use of our Website(s) or the Service(s) following the posting of any amendment, modification, or change to this Notice shall constitute your acceptance of the amendments to this Notice. You can choose to discontinue use of the Website(s) or Service(s), if you do not accept the terms of this Notice, or any modified version of this Notice. 

19. EFFECT OF MERGER OR ACQUISITION 

In the event Simply.Coach goes through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, Customer’s Account, Collected Data and Service Data will likely be among the assets transferred. A prominent notice will be displayed on our Website(s) to intimate you of any such change in ownership or control and Customers will be notified via an e-mail from help@simply.coach 

20. CONTACTING SIMPLY.COACH 

If you have any questions about this Notice or our privacy practices, you can contact our Grievance Redressal Officer at privacy@simply.coach at the attention of the Privacy Officer with a copy to legal@simply.coach