- Information Technology Act, 2000;
- Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”);
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; and
- The General Data Protection Regulation (GDPR)
1. What's in this policy?
This policy tells you:
- What information We might collect about You;
- How We might use that information;
- When We might use Your details to contact You;
- What information of Yours might be shared with third parties;
- Your choices about the personal information You provide Us.
2. Collection of Information:
We receive and store information about You such as:
2.1 Information You provide to Us: We collect the information You provide to Us which includes:
- Information provided when You choose to provide ratings, taste preferences, account settings (including preferences set in the "Account" section of Our Site), or otherwise, provide information to Us through Our Service or elsewhere.
- Personal information collected for provision of the Level Services on the Site, including but not limited to Your dietary and lifestyle information, information related to Your height, weight and body measurements, workout related data, passwords, photographs, race and ethnicity-related information, family-related information (only to the extent necessary for effective provision of Services), sleep habits; and other sleep, activity, or health-related information and insights for the provision of Our Services;
- Details about Your mental wellbeing, disabilities or other health related information such as vaccination status, medical information ,collected solely for the purpose of ensuring Your safety, the discharge Our Services. The information collected from You as set-out herein constitutes ‘personal information’ or ‘sensitive personal data or information’ (“SPDI”) in terms of the SPDI Rules. You hereby consent to collection of such information.
2.2 Information we collect automatically: By visiting Our Site, We may also automatically collect certain usage information, such as Your IP address, geographic data, country, search preferences related to specific searches, browser, and information about Your Level Ready Device's operating system, application version, language settings, and pages that have been shown to You. If You are using a mobile device to access Our mobile app or mobile optimized Website, we might also collect information that identifies Your mobile device, such as the device ID, location of the device (with Your consent), and device-specific settings and characteristics., This information includes:
- Your activity on the Level Site with respect to the Level Services and Level Content, such as title selections, watch history and search queries;
- Your interactions with Our emails and text messages, and with Our messages through push and online messaging channels;
- Details of Your interactions with our customer service or via email, as the case may be, such as the date, time and reason for contacting Us, transcripts of any chat conversations, and if You call Us, your phone number and call recordings;
- Device IDs or other unique identifiers;
- Resettable device identifiers (also known as advertising identifiers), such as those on mobile devices, tablets, and streaming media devices that include such identifiers (see the "Cookies and Internet Advertising" section below for more information);
- Device and software characteristics (such as type and configuration), connection information, statistics on page views, referring source (for example, referral URLs), IP address (which may tell Us Your general location), browser and standard web server log information;
2.3 Information from other sources:We also obtain information from other sources. We protect this information according to the practices described in this policy, plus any additional restrictions imposed by the source of the data. These sources vary over time, but could include:
- Payment service providers who provide Us with payment information, or updates to that information, based on their relationship with You;
- security service providers who provide Us with information to secure Our systems, prevent fraud and help Us protect the security of Level accounts;
- Online and offline data providers, from which We obtain demographic, interest based and online advertising related data;
- Publicly-available sources such as open government databases.
3. Use of Information
We use the information to provide, analyze, administer, enhance and personalize Our Services and marketing efforts, to process Your registration, Your payments, and to communicate with You on these and other topics. For example, we use the information to:
- determine Your general geographic location, provide localized Level Content, provide You with customized and personalized viewing recommendations We think will be of interest to You, determine Your Internet service provider, and help Us quickly and efficiently respond to inquiries and requests;
- to coordinate with Our Service Providers on making the Level Service and Content available to Users and providing information to non-users about the availability of the LevePublicly availablel service, based on this data;
- prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and to enforce Our terms (such as determining free trial eligibility);
- analyze and understand Our clients, improve Our Services (including Our user interface experiences) and optimize content selection, recommendation algorithms and delivery;
- Improve activities on our Services and policy changes; providing Our newsletter; or providing customer or technical support.
- To serve any other purposes for which We provide specific notice at the time of collection, and as otherwise authorized or for any other purposes in compliance with the applicable laws.
- To serve Our advertisements to You through third party platforms, such as Instagram, Facebook or Google, on other sites and apps or across Your Level Ready Devices, to the extent that You have provided consent and/or consistent with notice and any opt-out rights for such uses under the applicable law.
4. Disclosure of Information
Level Site is the recipient of Your personal information and shall exercise reasonable commercial endeavors for the prevention of unauthorized disclosure of the personal Information by the users. We may enable access of Your personal information to Level entities, affiliates, joint ventures, business partners, agents or third parties for the purposes of the services provided by them or for any other marketing related activity undertaken by or on behalf of the Level entities and/or its joint ventures, and/or for the purposes of enhancing the quality of the Services provided to You on the Level Site.
- Service Providers: We use other companies, agents or contractors ("Service Providers") to perform services on our behalf or to assist Us with the provision of Services to You. For example, We engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize Our Service, to process credit card transactions or other payment methods, to analyze and enhance data (including data about users' interactions with Our Service), and to process and administer consumer surveys. In the course of providing such Services, these Service Providers may have access to Your personal or other information. We do not authorize them to use or disclose Your personal information except in connection with providing their Services.
- Promotional offers: We may offer joint promotions or programs that, in order for Your participation, will require Us to share Your information with third parties. In fulfilling these types of promotions, We may share Your name and other information in connection with fulfilling the incentive. Please note that these third parties are responsible for their own privacy practices.
- In the event that we sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets.
- You may also choose to disclose Your information in the following ways:
- certain portions of Our Service may contain a tool which gives You the option to share information by email, text message and social or other sharing applications, using the clients and applications on Your Level Ready Device;
5. Access to Your Account
- For ease of access to Your account, You can use the "Remember me on this device" function when You log in to the Site. This function uses technology that enables Us to provide direct account access and to help administer the Level Service and Content without requiring reentry of any password or other user identification when Your app/browser revisits the Site.
- To remove access to your Level account from Your device: (a) visit the "Settings” section and choose "Sign out" or (b) delete your Level settings from your Level Ready Device (steps vary by device and the option is not available on all Level Ready Devices). Wherever possible, users of public or shared devices should log out at the completion of each visit. If nth event You sell or return a computer or Level Ready Device, You should log out and deactivate the device before doing so. If You do not maintain the security of Your password or device, or fail to log out or deactivate Your device, subsequent users may be able to access your account, including Your personal information.
- If you share or otherwise allow others to have access to Your account, they will be able to see Your information (including in some cases personal information) such as Your watch history, ratings, health and medical data, and account information (including your email address or other information in the "Settings" area).
6. Information Regarding your Data Protection Rights under General Data Protection Regulation (GDPR)
The General Data Protection Regulation (“GDPR”) gives certain rights to applicable individuals in relation to their personal data. To that effect, We have implemented transparency and access controls to help Our users, including residents of the European Union exercise those rights. As required under applicable law, the rights afforded to You are:
A right of access: You have the right to obtain
- confirmation as to whether personal data concerning You is processed or not and, if processed, to obtain
- access to such data and a copy thereof.
This Policy is GDPR compliant, and we acknowledge that:
- Data Processing is lawful, fair, and transparent. Our data processing activities shall have lawful grounds. Our Site shall always consider Your rights before processing Your personal data. We shall also provide You information regarding processing of the data upon request.
- Processing of the data shall be or is limited to the purpose. Our website’s data processing activities will fit the purpose for which personal data of an individual was gathered by Level.
- Processing is done with minimal data. Level only gathers the data and process only minimal amount of personal data required by Level for any purpose to successfully provide top quality Level Services.
- The processing of the Data shall be within the same corporate group as Our business or organization/ group companies and it shall abide the corporate rules regarding data processor.
- Level ensures that, processing of data is for a limited span of time, we do not store Your personal data for longer period than required by the officials of Level.
- We shall do Our best to ensure the integrity and confidentiality of Your personal data.
Law Processing in Europe:
The personal information collected by Level shall be used by Us on a lawful basis and Level shall use the activities as defined herein under this policy in Europe as required under the European Data Protection law; that are:
- Wherein it is necessary for entering into a performing a contract/ Terms and Conditions with You.
- Wherein We have a legitimate interest to do so, as per the information collected by Level and Your rights do not override this interest.
- For Payment processing purposes.
- Wherein You have consented to its use of Your personal information by Level or any of its group companies, affiliates, subsidiaries etc.
- Wherein Our colleagues or our group companies, affiliates believe it is in your vital interest to share Your personal details, for example with emergency services.
- Wherein You are required to comply with Our legal obligations, as intimated to you from time to time.
If You are a resident of the European Economic Area (EEA), You have certain data protection rights. In certain circumstances, You have the following data protection rights:
- Right to Information: According to the RTI, You have the right to know whether Your personal data is being processed; what data is gathered, from where it is obtained and why this data is obtained and for whom such kind of data is processed.
- Right to restrict processing: Wherein certain conditions apply, You shall have a right to restrict the processing of Your personal data used by Us.
- Right to erasure: In certain circumstances, You shall have a right to request Us to erase Your personal data from Our records.
- Right to object the Data processing: In case of direct marketing, You shall have a right to object the processing of Your personal data with any other third party or additional cookies used by Level.
- Right to object for automated Processing: You shall have the right to object for automated processing of Your data which shall include information that is automatically stored by cookies and other session’s tools. For example, Your IP address, Your viewing history (if there is any) etc.; such information is used to improve Your customer experience. Such Data processing shall not be subject to a decision based solely on the automated processing. You can exercise such right whenever there is an outcome of the profiling that may produce legal effects concerning or significantly affecting You.
- Right of Data Portability: You shall have the right to obtain Your personal data in a machine i.e. in a readable format or if it is feasible, as a direct transfer from one Processor to another processor.
- Right to lodge a Complaint: In the event Level or Our representatives fail to process Your request under the rights of access; We herein ensure You to provide You with a reason as to why We are unable to process Your data. In such circumstances if You are not satisfied with the manner of handling Your request, You can contact us at firstname.lastname@example.org
- Right to withdraw consent: You shall have the right to withdraw Your consent at any time for processing of Your personal data.
7. Your Options and Choices
- Email and Text Messages:You may also unsubscribe by sending an email with “unsubscribe/stop” in the body of such email to email@example.com and copying firstname.lastname@example.org. Please note that You cannot unsubscribe from Service-related correspondence from Us, such as messages relating to Your account transactions.
- Push Notifications: You can choose to receive mobile push notifications from Level. On some device operating systems, You will be automatically enrolled in the notifications. If You subsequently decide that You no longer wish to receive these notifications, You can use Your mobile device's settings functionality to turn them off.
- Interest-Based Ads: Interest-based ads are online ads that are tailored to Your likely interests based on Your use of various apps and websites across the Internet. If You are using a browser, then cookies and web beacons can be used to collect information to help determine Your likely interests. If you are using a mobile device, tablet, or streaming media device that includes a resettable device identifier, then that identifier can be used to help determine Your likely interests. For Your choices about interest-based ads from Level, please see the "Cookies and Internet Advertising" section (below).
- Matched Identifier Communications: Some third-party sites and apps allow Us to reach Our users with online promotions about Our titles and Services by sending a privacy protective identifier to the third party. A privacy protective identifier means we convert the original information (such as an email address or phone number) into a value to keep the original information from being revealed. The third party compares the privacy protective identifier to identifiers in its database and there will be a match only if You have used the same identifier (such as an email address) with Level and the third party. If there is a match, Level can then choose whether or not to send a given promotional communication to You on that third-party site or app. You can opt out in the “Marketing Communications” section of the “Account” section of Our website.
8. Data Retention
Please note that the retention periods applied by Level comply with the applicable legislation in effect on the date hereof, namely:
- For data relating to Your account: such data will be permanently and irrevocably anonymized in the event that Your account is: (i) inactive for a period of 3 years. We shall permanently and irrevocably anonymize Your account data within 180 days of Your written request to Level to do so via email email@example.com.
- For data collected based on Your consent to receive Our marketing communications/newsletters: We shall utilize such data until You opt out, withdraw consent or applicable law requires that such data is no longer used by Level.
- In the event Your data are collected in the context of requests/queries: such data are kept for the period necessary to process and revert to such requests or queries.
- For transactional data relating to Your purchases: such data is kept for the entire period of the contractual relationship, then in accordance with legal obligations and procedure and applicable statute of limitation periods. Please note that this data does not include Payment Card information, which is processed by Our third-party payment processors.
- When any trackers are placed on your terminal, they are kept for a period of 12 months. Other data will be kept as long as necessary for the purposes pursued and in compliance with the applicable law, including the applicable statute of limitations.
We use reasonable administrative, logical, physical and managerial measures to safeguard Your personal information against loss, theft and unauthorized access, use and modification. These measures are designed to provide a level of security appropriate to the risks of processing Your personal information.
You must be no less than18 years of age or older to subscribe to the Level Service. In certain jurisdictions, the age of majority may be older than 18, in which case, You must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the Level Service, they may do so with the involvement, supervision, and approval of a parent or a legal guardian.
11. Cookies and Internet Advertising
- What are cookies? Cookies are small data files that are commonly stored on Your device when You browse and use websites and online services. They are widely used to make websites work, or to work more efficiently, as well as to provide reporting information and assist with service or advertising personalization. Cookies are not the only types of technology that enable this functionality; We also use other, similar types of technologies. See below for more information and examples.
- What are resettable device identifiers? Resettable device identifiers (also known as advertising identifiers) are similar to cookies and are found on many mobile devices and tablets (for example, the "Identifier for Advertisers" (or IDFA) on Apple iOS devices and the "Google Advertising ID" on Android devices), and certain streaming media devices. Like cookies, resettable device identifiers are used to make online advertising more relevant.
- Performance and functionality cookies: These cookies are not essential but help Us to personalize and enhance Your online experience with Level. For example, they help Us to remember Your preferences and prevent You from needing to re-enter information You previously provided (for example, during member sign up). We also use these cookies to collect information (such as popular pages, viewing patterns, click-through and other information) about Our user's use of the Level Service so that We can enhance and personalize Our website and Services and conduct market research. Deletion of these types of cookies may result in limited functionality of Our Service.
- Advertising cookies and resettable device identifiers: These cookies and resettable device identifiers use information about Your use of this and other websites and apps, Your response to ads and emails, and to deliver ads that are more relevant to You. These types of ads are called "interest-based advertising." Many of the advertising cookies associated with Our service belong to our Service Providers.
- How can I exercise choice regarding cookies and resettable device identifiers?
For more information about cookies set through Our website, as well as other types of online tracking (including the collection of information by third parties about Your online activities over time and across third-party Web sites or online services for online interest-based advertising), and to exercise choices regarding them, please mail us ‘STOP COOKIES’ at firstname.lastname@example.org ccing email@example.com.
To opt out of interest-based ads from Level in connection with a resettable device identifier on a mobile device, tablet, or streaming media devices, please configure the appropriate setting on Your device (usually found under "privacy" or "ads" in Your device's settings). You may still see Level ads on Your device, but they will not be tailored to Your likely interests.
13. Contact Us