Privacy Policy

Objective

The Objective of this privacy policy is the safety of the Company’s user’s privacy, improving the Company’s performance and making the Company’s services accurate, confidential and secure. This Privacy Policy is also meant to help the user understand what information the Company collects, why the Company collects it, how the Company updates and manage it. The Policy also encompasses the grievance redressal mechanism. This policy outlines the procedures regarding the collection and processing of your digital personal data when you access and / or utilize the Company’s services, encompassing the services provided through the Company’s website (https://kapable.club/), mobile, browser and desktop applications.

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Disclaimer

Welcome to https://kapable.club/ Website/Application (the “Website/Application”). The Website(s)/Application is operated by SkillUp Enterprise Private Limited, (identified as Data Fiduciary), a company incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as ‘the Company’), having registered office at Plot no. 164B, Indra Puri, Raisen Road, Bhopal, Madhya Pradesh 462021.

• The reference to the term ‘Application’ shall include the term ‘website’ under this Privacy Policy.
• The Website/Application (App) herein shall mean a B2C application, hosted on the cloud, which can be accessed by a computer, laptop, or any mobile device such as phone, tablet etc designed to run on computer, laptop, mobile device such as a phone, tablet, or watch. Reference to the term ‘Website’ shall include the term Application under this Privacy Policy.
• This Privacy Policy forms part of the Terms of Use of the Website/Application. This Privacy Policy, along with the “Terms of Use” constitute an “electronic record” and “electronic contract” between you and the Company.
• The terms used in this Privacy Policy have the same meanings as in the Company’s Terms and Conditions, which is accessible at the weblink https://kapable.club/terms-conditions/ , unless otherwise defined in this Privacy Policy.
• The Company is committed to ensuring privacy of the Users on the Company’s Website and Application and Social Media Handle (SMH) including all platforms such as Facebook, Instagram, YouTube, Twitter and other such Social Media Handles which can be used by the Company for the Company’s promotional activities. In furtherance of the same, the Company has framed this Privacy Policy in accordance with the laws of Republic of India.
• By clicking on the checkbox / tick box, you give consent to the usage of your personal information by the Company. You also deemed to have agreed to the Company’s Terms and Conditions and Privacy Policy by virtue of clicking on the checkbox/ tick box.

This Privacy Policy explains what personal information the Company takes from the Users (which includes any User, direct customers, end customers or indirect customers, visitors including the person searching, scrolling and using the Company’s Website/Application) as well as the Company’s own employees, contractors, and partners.

The Policy aims at making you aware of:

1. What is personal information;
2. What information is being collected/ the categories and nature of personal data being collected;
3. Where is the information stored;
4. How the information will be processed;
5. Right to access the information/ how and where users can change / amend / delete / object to the information etc;
6. The purpose(s) for which such data is being collected and processed;
7. The manner in which you may exercise your rights as a Data Principal; and
8. The procedure for withdrawal of consent and grievance redressal.

The Company onboards and collects end-users’ details, customers information, partners and distributors details, dispatchers’ details, users’ information, etc., both personal details as well as business related information. The term ‘services’ in this Policy also includes the term products/solutions/goods/ professional services & support etc, wherever applicable.

The Company collects, uses, and processes personal data solely for specific, clear, and lawful purposes as set out in this Privacy Policy. The Company limits the collection of personal data to what is strictly necessary for such purposes and does not process personal data beyond these purposes unless required or permitted by applicable law.

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Definitions and Interpretations

• “You” or “Your”: Refers to the “Users” and “Partners” including employees, trainees, vendors, clients, trainers who are accessing and using the services of the Application and “we”, “us” and “our” shall refer to the Company.
• Affiliates: Include the Company’s parent company and any other subsidiaries, joint venture partners, or other companies that the Company controls or that are under common control with the Company.
• The Application: Shall mean a computer program or software application designed to run on computer, desktop, laptop, mobile device such as a phone, tablet, or watch.
• Cookies: Are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored in your device's internal memory. It contains the details of your browsing history on that website.
• Country: Refers to the Republic of India.
• Data: Means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means.
• Digital Personal Data: Means personal data in digital form.
• Personal Data: Means any data about an individual who is identifiable by or in relation to such data and includes name, phone number/ address, bank account number, PAN number, credit card/debit card number, biometrics/signatures, passport number, driver’s License number, insurance policy number, education, employment, employment history, IP address/media access control (MAC) address, physical characteristics, sexual orientation, gender etc.
• Processing: In relation to personal data as a wholly or partly automated operation or set of operations performed on digital personal data and includes operations such as collection, recording, organization, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise, making available, restriction, erasure or destruction.
• Data breach: Means any unauthorized processing of personal data or accidental disclosure, acquisition, sharing, use, alteration, destruction or loss of access to personal data that compromises the confidentiality, integrity or availability of personal data.
• Service Provider: Means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services or to assist the Company in analyzing how the Service is used.
• Usage Data: Refers to data collected automatically (upon you ticking the check box) and includes information such as your device’s Internet Protocol address (IP address), browser type, browser version, the pages of the Company’s service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers the type of mobile device, mobile device unique ID, mobile operating system, and other diagnostic data.

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What is Personal Information and Sensitive Data

Personal information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.

Sensitive personal data or information under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (SPDI Rules) means such personal information which consists of information relating to:

• Data relating to your identity (including name, job title, company)
• Contact details (home and business address, telephone numbers, email addresses);
• Your personal picture(s), video(s), text(s), audio(s);
• Password;
• Financial information such as Bank account or credit card or debit card or other payment instrument details;
• Log / Usage Data
• Any detail relating to the above clauses for providing products/ service.

Provided that: Any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as personal information or sensitive personal data or information. Thus, the Company may use the information freely without your consent in case it is available in the Public Domain.

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Collection and Usage of Personal, Non-Personal, and Application Data

When you visit the Company’s Application and tick the check box, the Company automatically gathers and stores the following information in order to track use of the Company’s Application:

• Digital Personal Data and Sensitive personal data as defined in this Policy;
• The IP address from which the Application is accessed;
• The name of the domain from which the Company’s visitors access the Internet;
• The type of browser and operating system used to access the Application;
• The date and time of your visit to the Website/Application;
• Mobile device information (e.g., hardware model, operating system version, device identifier, and mobile network information);
• The pages, files, documents and links accessed during your visit; and/or
• The internet address of the Application from which you linked to the Application.

The Application shall/may collect the following additional information:

• History of your search data: To see which all pages the user covered while browsing the Application.
• Information provided by you: Any other information provided by you through email, letter or any other medium viz., including your contact details.
• Log Data / Usage Data: Whenever you use the Company’s Service and if there is an error in the Application, the Company collects data and information (through third-party products) on your phone/computer device called Log Data.
• Location: Current location of the device by using GPS or a Network provider.

Further, the Company records training sessions conducted through online meeting platforms such as Zoom, Google Meet, or other similar platforms. Such recordings may contain personal data of participants, which is processed in accordance with the Digital Personal Data Protection Act, 2023 and applicable internal policies. No recordings are made for offline training sessions; however, relevant data collected during such trainings, if any, is processed for the purposes set out in this policy.

Collection of Data through Social Media Handles (SMH)

When you visit/use the Company’s application and/or SMH, the Company automatically gathers and stores information that you provide:

• The content, communications and other information you provide to the Company while using the Company’s SMH.
• Information about the people, pages, accounts, hashtags and groups that you are connected to, or you visit through the Company’s SMH.
• Information about how you use your SMH picture(s), video(s), text(s), audio(s) or images you upload.
• Content, communications, and information that other people provide when they use the Company’s SMH that includes info about you.

Functional Data Usage benefits:

• Keeping a credibility and background check on you and analyzing your performance;
• Improving the Company’s services and enhancing user’s experience as well as security;
• Monitoring your attendance and substitution/replacement for catering to the clients;
• Ensuring compliance with the Company’s policies and procedures and the Company’s legal obligations;
• For Advertisement purposes.

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Collection and Use of Personal Data

As soon as you register or input data on the Company’s Website/Application, the Company stores your data including personal data. Your registration on the Company’s application is considered as your express consent for the Company to use your personal data in the manner identified in this Privacy Policy. The Company may collect and process the following information about you:

• Information (such as your name, age, email and postal address, telephone number, job title and date of birth);
• In connection with your account - your log-in and password details;
• Details of any transactions made by you through the Application;
• Communications you send to the Company;
• Information from surveys, promotions and competitions;
• Technical information from your mobile device relating to the services you receive;
• Pan card, Voter card, and Passport details (if required) [Aadhaar Redacted];
• Your photo, Educational details and certificates.

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Data Protection Legislation Compliance

The Company is committed to striking a fair balance between your personal privacy and ensuring that you obtain full value from the products and services the Company provides via the Website/Application, while ensuring compliance with:

• The Digital Personal Data Protection Act, 2023
• The Information Technology Act, 2000 of India
• The Information Technology (IT) Rules of India
• Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “SPDI Rules”)
• The Company is also committed to following the rules and regulations as prescribed under the General Data Protection Regulation of the European Union (GDPR), although not directly applicable.

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Consent and Lawful Basis for Processing

The Company processes your personal data only upon obtaining your valid consent in accordance with applicable laws, including the Digital Personal Data Protection Act, 2023. You agree that your consent is free, specific, informed, unconditional and unambiguous. You shall have the right to withdraw your consent at any time by contacting the Company at ops@kapable.club.

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Sharing of Personal Data

The Company may share or disclose your personal information in the following instances:

• To fulfill a service to you (e.g., courier services, cloud hosting, mail providers).
• To affiliates, strategic partners, agents, third-party marketers for business purposes.
• To unaffiliated third-party service providers, agents or independent contractors who help maintain the Website/Application.
• To fulfill your order, complete card transactions, and verify payment legitimacy.
• To comply with the law or protect and defend the Company’s rights.
• To third parties as part of corporate reorganizations, mergers, or acquisitions.

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Your Rights as a Data Principal

The data collected from you will be in compliance with Indian laws and will uphold the following rights:

Right	Description
Right to Access	Request a copy of all personal information saved in the Company's records.
Right to Rectification	Request correction or update of inaccurate or incomplete records.
Right to Erasure ("To be Forgotten")	Request data removal when no longer necessary or if consent is withdrawn.
Right to Restrict / Object	Object to processing for direct marketing, profiling, or automated processing.
Right to Data Portability	Receive your data in a structured, machine-readable format.
Right to Nominate	Nominate an individual to manage rights in the event of death or incapacity.
Right to Complain	File a complaint with the National Data Protection Regulator.

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External Links and Public Forums

External Links: The Website/Application may contain hypertext links to other independent internet sites. Accessing any external link is done at your own risk. The Company cannot guarantee external page availability or safety from viruses.

Forums and Chat Rooms: Any info disclosed in public posting areas becomes publicly available. Please be extremely careful. The Company is not responsible for malicious use by third parties of information disclosed in public spaces.

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Use of Cookies

The Company uses cookies to remember your preferences, allow quick website navigation, track unique visitors, and collect statistical usage information to help improve our layouts and platform capabilities.

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Children's Privacy

These Services do not address anyone under the age of 18. In accordance with the DPDP Act, 2023, the Company does not knowingly collect or process personal data of children without obtaining verifiable consent from their parent or lawful guardian. The Company does not undertake tracking, behavioral monitoring, or targeted advertising directed at children.

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Security Safeguards

The Company utilizes commercially reasonable safeguards to protect against unauthorized access, modification, or destruction. All data is stored on a secured cloud environment using single-point authentication. No administrator at the Company has knowledge of your password.

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Data Storage and International Transfers

Your personal data may be transferred to, stored, or processed in jurisdictions outside India. Such transfers will be carried out in strict accordance with permitted territories designated by the Government of India and the DPDP Act, 2023.

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Permissions Required by the Application

• LOCATION: Accesses device location via GPS / Network provider for regional validation.
• INTERNET: Uses network provider internet access data.
• STORAGE: Accesses external storage to write data to memory or heap.
• CAMERA: Accesses feature to enable virtual coaching and communication sessions.
• MICROPHONE: Accesses feature for voice communication during active virtual sessions.

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Data Breach Notification

In the event of a security breach compromising your personal data, the Company is committed to giving notice of such breach to the Board appointed under the DPDP Act and to each affected Data Principal. Notification to the supervisory authority will be done within 72 hours of identification if a high risk is discovered.

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Opt-Out Policy

If you no longer wish to receive marketing communications, automated text messages, or updates, you may exercise an opt-out choice at any time by clicking the "unsubscribe" link inside our emails or by sending an explicit request to ops@kapable.club.

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Grievance Redressal Mechanism & Contact