Privacy Policy

Introduction 

The mobile / tablet application namely Breath and Beats, Breath & Beats and also the website https://www.breathandbeats.com is absolutely owned by GDART Online Services Private Limited, having its registered office at Plot No. 386, Sector 46, Faridabad Haryana, 121001, India.

GDART Online Services Private Limited, it’s brand and product Breath and Beats (Breath&Beats) is committed towards protecting privacy of data of its visitors’ and Users as required under the applicable laws. The following Privacy and Cookie Policy outlines the information GDART Online Services Private Limited and it’s brand and product Breath and Beats (Breath&Beats) directly and / or through it (hereafter ‘we’, or ‘us’ or ‘our’) may process and how we may use that information to better serve you (we refer to you as “you” and “your”) while using our website www.breathandbeats.com (the ‘Website’), our mobile customer application Breath and Beats (the ‘App’), our on-demand emergency (and non-emergency) services and our communication chat platform and all related services which we may provide to you from time to time (“Services”). Please review the following carefully so that you understand our privacy practices.

“Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it and the Terms of Service, and other Policies available on our Website, “www.breathandbeats.com”. “Third Party” shall mean and refer to any individual(s), company or entity apart from the you and us.

“Service Provider” shall mean and refer to any individual(s), company or entity who has agreed to provide services through our app or website after an agreement created by us and signed by the service provider and are legally allowed to carry out their said services legally under applicable country laws.

The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value. The terms used herein shall have the same meaning ascribed to them in the Terms of Service, Privacy Policy, and other policies available on the Website www.breathandbeats.com (“Website / Site”)

This document, the “Privacy Policy“, explains how we collect, process and store any personal data belonging to you, meaning information about you which is personally identifiable such as your name, address, telephone number or email address. Such information is referred to throughout this policy as “Personal Information” or “data”.

By accessing and/or using our Services you consent to us collecting, processing, storing and sharing your Personal Information in the ways set out in this Privacy Policy. If you have any concerns about providing data to us or having it used in any manner permitted in this Privacy Policy you should not use our Services. As set out in the terms and conditions relating to our Services, you must be at least 13 years old to access and use our Services.

About us 

We are a company called GDART Online Services Private Limited registered in India, having our registered office at Plot No.386, Sector 46, Faridabad, Haryana, 121001 and Corporate office at 8th Floor, The Estate Building, Regus Business Centre, Dickenson Road, Bangalore, Karnataka, 560042.

Information we collect about you, and how we collect it 

We may collect and process the following data about you:

information that you provide us with when you fill in forms when using our Services, or when you create an account with us;

details of your use of our Services and the resources that you access (for example, information about how and when you play our Application or visit our website(s), what device you use to access our Services or, details regarding profile visits.);

if you contact us or respond to messages and communications that we send to you, we may keep a record of that correspondence;

your interactions with us on our social media channels; and

information we collect via cookies, as explained further below.

Cookies 

We use cookies and other similar technologies. Cookies are small files which store some information on your computer or mobile device.

We use cookies and similar technologies:

to allow us to recognise you and your device, for example by identifying your IP address;

to allow our Services to interact with a third party social network or platform (where you have chosen to allow such interaction);

to allow our payment processors to process your payment instructions;

to provide you with more customised Services, for example to provide our Services in the correct language;

to obtain data which will allow us to understand how people are using our Services so that we can improve them.

By accessing our website(s) or using our Services you consent to our use of cookies in accordance with this Privacy Policy. You can disable cookies through your web or phone browser settings but you may find you are not able to enjoy all the features of our Services if you do so.

We advertise our Services on mobile devices. Ad identifiers are non-permanent, non-personal, device identifiers such as the Android advertising ID and/or Apple’s ID for advertising, or IDFA. When we advertise our Services on mobile devices, we may use your device’s advertising identifier and other information associated with it, which we may hold ourselves or may be provided to us by our advertising network partners, to help us to deliver ads that relate to your interests and to improve and measure the effectiveness of ad campaigns. You can choose to prevent your device’s ad identifier being used for interest based advertising, or you can reset your device’s ad identifier, by changing the settings of your device. Settings vary from device to device but if you are using an Apple device with iOS 7 you can find the ad identifier settings under Settings>Privacy>Advertising, and if you are using a Google Android device running Android 2.3 or later you can find the ad identifier settings under Settings>Google>Ads.

Payment Information 

When you purchase Services on our website(s), we may collect certain payment information from you on behalf of our payment service providers, but this information is temporarily cached in a way that is unreadable by Breath and Beats (Breath&Beats). When you purchase items via our apps (such as those you can purchase in the App Store, the Windows Store, via Amazon Kindle or on Google Play) we do not collect or store any payment information from you.

Technical and functional management of the website and app

When you visit our Website and / or use the App, our website administrators process technical data such as your IP-address, visited webpages, the internet browser you use, your previous / next visited websites and the duration of a visit / session to enable us to deliver the functionalities of the Website and the App. In addition, in certain instances the browser and / or the App may prompt you for your geo-location to allow us to provide you with an enhanced experience. With this technical data our website administrators can manage the Website and / or the App, for instance by resolving technical difficulties or improving the accessibility of certain parts of the Website and / or the App. This way, we ensure that you can (continue to) find the information on the Website and / or the App in a quick and simple manner.

When you use our App, we also process technical data such as your IP-address, Device ID or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the App, resolve technical difficulties, provide you with the correct and most up to date version of the App and to improve the function of the App.

Customer Service

When you register as a User, we will collect your name, email address, country, language, password, mobile phone number, IP-address, MAC-address, and your credit card / debit card / payment wallet account / payment platform account number, expiry date and security code.

We will use your contact details to send you a welcoming email to verify your username and password, to communicate with you in response to your inquiries, and to send you service-related announcements, for instance, if our Service is temporarily suspended for maintenance. We will use your registration information to create and manage your Breath and Beats (Breath&Beats) account. We may deactivate your account if we suspect that you use our App to commit fraudulent or illegal acts or if you violate our terms of use.

Geo-location and Information

When you use the App through your mobile device, and only if you have consented thereto, we will track your geo-location information, on a real time basis. We use this information to allow you to view the Service providers in your area that are close to your location, and send emergency request to the requested Service provider, and see the requested Service provider approaching on a map in real time. We may also use this real-time geo-location information to address user or service provider support, technical, or business issues that may arise in the course of your use of the App.

In addition, your choice to use some of the features of the App will allow you to share your geo-location information with those persons with whom you choose to share such information.

If you do not consent to the tracking of your geo-location, you will still be able to use the basic features of the App. You may at any time withdraw your consent to tracking your geo-location in your Breath and Beats (Breath&Beats) account. Further, you can turn the geo-location tracking off at the device level, also temporarily.

If you are traveling in a vehicle escorted by the Service provider, we will collect the Service provider’s geo-location information from the Service provider’s mobile device. Because you are travelling in the Vehicle, this means we will also indirectly collect your location information. We will also use the Service provider’s geo-location information in an anonymised and aggregated form in order to generate statistical information and management information and to provide you with increased App functionality.

Personal Information

When you request emergency service or a related service or services provided via your use of the App, we provide your first name or last name to the service provider / Partner who accepts your request for so that the service provider may contact and find you.

Photo

If you choose to upload a photo to your Breath and Beats (Breath&Beats) account, your photo will be viewable by the service providers who is responding to your service request so that the Service provider is able to verify your identity. You may remove or replace your photo at any time by logging into your account on the Website and / or the App.

Telephone Number and Push Notifications

If you have requested a service through the App, from the time that your request is accepted by the Service provider, until your response request is completed, you and the Service provider will have the ability to contact each other, via the mobile phone used to request the service. During that time and only if you have consented, we will send you push notifications related to your service request to your mobile phone. To send you push notifications we will process your telephone number. If you do not want to receive push notifications you can always withdraw your consent by changing your settings via the settings page of your mobile.

How will we use your Personal Information? 

You agree that we (or a supplier or group company acting on our behalf and only under our instructions) may use your Personal Information for the purposes of:

contacting you, for example as part of customer service or to send you updates about our Services;

managing your account and relationship with us and improving your experience when you use our Services;

research, surveying, and engaging with you, for example by sending you communications (including by email) for these purposes;

marketing and promotion of our Services or related products, for example sending you communications (including by email) for these purposes on our, or a third party’s behalf. For example, we might send you information about merchandise relating to our Services If you do not want us to use your data in this way please let us know by contacting us at – support@breathandbeats.com; 

to create reports, analysis or similar services for use by us for the purposes of research or business intelligence, for example to track potential problems or trends with our Services;

preventing cheating, crime or fraud. We may also need to pass your information to fraud prevention agencies and other organisations involved in crime and fraud prevention;

as otherwise expressly set out in this Privacy Policy or as required by law.

Will we share your Personal Information with third parties? 

We may employ third party companies and individuals to facilitate or provide the Service on our behalf, to process payment, provide customer support, provide geo-location information to our Service providers, to host our job / partner / responder application form, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Service is used, etc. These third parties have access to your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose.

We will only share your data with third parties (for example, our group companies or suppliers):

with your consent (including as set out in this Privacy Policy);

as reasonably necessary in order to provide the Services to you (for example, by providing your Personal Information to suppliers we may use to fulfil the Services or to communicate with you);

where it is necessary to carry out your instructions (for example, to process a payment instruction we must provide your Personal Information to our payment processors);

where your data is on an anonymous and aggregated basis, meaning you could not be personally identified from it;

when you submit information as part of a competition or otherwise interact with our social media channels (for example, by providing a testimonial about one of our Services) we may publish the information you submitted, alongside your name and home country on our website and social media channels;

as we reasonably believe is permitted by law or regulation;

in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and/or any other agreement with you; or to protect the rights, property, or safety of Breath and Beats (Breath&Beats), our users, or others;

in the event that there is a sale of the assets of GDART Online Services Private Limited or corporate restructuring, or as a result of a change of control of GDART Online Services Private Limited or any of its group companies, or in preparation of any of these events. Any third party to which GDART Online Services Private Limited transfers of sells GDART Online Services Private Limited’s assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Privacy Policy. We will not sell or rent your information to any third party outside of these circumstances.

Interaction with third party social networks or platforms

You may allow our Services to interact with a third party social network or platform, which will provide information about you to us. These applications or websites are created and maintained by a third party which is not a part of, or controlled by GDART Online Services Private Limited. You should ensure that you read their terms of service and privacy policies to understand how they treat your data and what data they might share with us.

You understand that where you allow our Services to interact with any third party social network or platform, we may share data about you with your contacts (and vice versa). This Data includes your name, your social media profile picture and your scores and/or progress in our application. 

You can make changes to what data a third party social network or platform shares with us, or stop our Services interacting with that social network or platform by adjusting your settings with that third party provider, however you may find you are not able to enjoy all of the same features of our Services.

Profile on Breath and Beats (Breath&Beats)

Users of our Services may be automatically assigned a profile which is visible to other users of our Services. Your profile may include the Data described above, application achievements or other information and details of which other user account holders have viewed your profile.

Your profile will be visible to other users of our services. If you choose to view another individual’s profile, that individual and other users of our Services will know that you have visited them because some of your  Data and a link to your profile will be displayed on that individual’s profile. They will also be able to visit your profile.

For how long will we retain your information? 

We will retain your Personal Information for as long as is necessary to fulfil the purposes for which it was collected or as needed to provide you with Services. We may retain your Personal Information after you have closed any account you have with us or after we have ceased providing Services to you if retention of your Personal Information is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes between members, prevent fraud, cheating or abuse, or enforce this Privacy Policy or any other agreement we may have with a user.

Will we transfer your Personal Information overseas? 

Your Personal Information may be transferred to, and stored at, a destination outside India as may be required under any legislation. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy.

How do we protect your Personal Information? 

The security of your Personal Information is important to us. We maintain appropriate technical and physical safeguards to protect your Personal Information against accidental or unlawful destruction or loss, alteration, unauthorised disclosure or access, use and all other unlawful forms of processing of the data in our possession. We use the same level of skill in protecting your Personal Information as other similar application developers. However, since the internet is not a completely secure environment we cannot guarantee that information you transmit via our application will not be accessed, disclosed, altered or destroyed by breach of any of our safeguards.

Links from our Services 

We may provide links to third party websites from our Services. You understand that when you click on these links any data which you provide thereafter is subject to such third party’s privacy policy and not to ours. Although we will endeavour only to link to reputable websites, Breath and Beats (Breath&Beats) takes no responsibility for the content, safety or security of any third party website.

Your rights in relation to your Personal Information 

You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us at support@breathandbeats.com. We may make a small charge for this. 

We want to make sure that your Personal Information is accurate and up to date. You may ask us to modify, correct or remove information by contacting us at the email address above.

Information that you have shared via our Services on any social network or third party platform cannot be amended or deleted by us where it is in the control of that social network or third party platform. In addition, where any third party copies information which you have made available via the use of our Services (for example, one of your friends on a social network you allow to interact with your account), we may not be able to amend or delete it because it may not be in our control.

You have the right to ask us not to use your Personal Information for marketing purposes. To change your marketing preferences, or to unsubscribe, please contact us at support@breathandbeats.com

However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to Breath and Beats (Breath&Beats) is at your own risk. We recommend that you do not disclose your password to anyone.

Refunds, Cancellations, Disputes and Chargebacks

No cancellation or refunds are permitted in Breath and Beats (Breath&Beats)

In exceptional cases,User may submit a claim for a refund for a purchase by emailing support@breathandbeats.com and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by us in its sole discretion. Refund requests must be submitted within 30 days of purchase.

How to contact us

Please contact us by email at support@breathandbeats.com

Complaints 

We hope that you won’t have any complaints about us or our Services. If you are unhappy with our use of your Personal Information then please contact our customer services department by emailing support@breathandbeats.com

Legal matters 

If any court or other competent authority finds any of the terms of this Privacy Policy to be invalid or unenforceable, the other terms of this Privacy Policy will not be affected.

This Privacy Policy is governed by and interpreted in accordance with the laws of India. Any dispute arising in connection with this Privacy Policy will be subject to the exclusive jurisdiction of the courts of New Delhi.

We are constantly innovating and looking for new ways to improve our Services and our applications. We may therefore amend this Privacy Policy from time to time to reflect such improvements or any other changes to our business. We will endeavour to tell you about any significant changes to this Privacy Policy which we feel may disadvantage you in any material way. If you object to any of the changes you should immediately stop using our Services and close any account you may have with us.

This Privacy Policy was last updated on 09 May, 2018.