Privacy Policy

1. Information About Your Personal Data

This Privacy Policy relates to data about you, your devices, and your interaction with us through our Platform.

"Personal Data" is information that can be used to identify you, directly or indirectly, alone or together with other information available with us, is capable of identifying you. This includes things such as your full name, email address, phone number, precise location, device IDs, and certain cookie and network identifiers." Certain information such as passwords, financial information (such as Bank account or credit card or debit card or other payment instrument details), physical, physiological or mental health conditions, biometric information are considered sensitive Personal Data.

We collect, use, disclose and process Personal Data as outlined in this Privacy Policy, including to operate and improve the Platform and our business or for advertising and marketing, as further described in this Privacy Policy.

We may create de-identified or anonymous data from Personal Data by excluding data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means. Our use of anonymized and de-identified data is not subject to this Privacy Policy.

The Nature of Personal Data We Collect

We ask you for certain personal data to provide you with the products or services you request. For example, when and if you make purchases, get in touch with consumer services, put a request to receive communications, create an account, or use our Platform.

This personal data includes:

• contact details including name, email, telephone number and shipping, billing address;
• login and account information, including screen name, password and unique user ID;
• personal details including gender, hometown, date of birth and purchase history;
• images, photos and videos;
• data on physical characteristics, including weight, height, and body measurements (such as estimated stride and shoe/foot measurements or apparel size); or
• personal preferences including your wish list as well as marketing and cookie preferences.
• Please note that, we do not collect or store any of your financial information or data (including any bank account or debit card or other payment instrument details) and disclaim any liability arising from you sharing any such information directly with the payment gateway service provider. The payment gateway services are provided by third-party service providers who are governed by specific guidelines laid down by the Reserve Bank of India.

How and Why Do We Collect your Data?

We collect your Personal Data in a number of ways and for various purposes, including:

1) When you register for an account or interact with our Platform.

We collect Personal Data when you use or interact with our Platform, including when you register with us, browse our products online, make purchases from us (including processing of payment), and when you ask us to customize apparel, products, or Services. This Personal Data may include name, address, phone number, username and password, email address, date of birth, payment information and Location Data. "Location Data" means either approximate location or, with your consent, precise location. We use this data to create your account, enable your activity within our Platform, and to provide the services generally, including to develop, enhance, and improve our Platform and your experience. We also use this data for internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management and administrative purposes.

2) When you input Fitness and Wellness Data within our products or use applications that collect or infer such data from mobile device sensors.

Fitness and Wellness Data includes data you provide related to your lifestyle (e.g., sleeping habits), life events, dietary restrictions, fitness goals, height, weight, measurements, fitness level, heart rate, sleep data, BMI, biometric data, and similar types of data relating to physiological condition, and activity. We may collect this data to tailor features, products, advertising, and services to your interests and goals, including providing meal suggestions, workout plans, training- and coaching-related services, and product recommendations (e.g., custom products). Any Fitness and Wellness Data collected by/through a third-party website/application, even if re-directed from our Platform or integrated with the products purchased from our Platform, will be governed by the Privacy Policy of such third-party websites/applications and we disclaim any liability arising out of such collection/usage by a third-party website/application.

3) When you use or interact with a wearable or other connected device.

We may also collect Personal Data, including Fitness and Wellness Data, when you use a device that is connected to the Internet, such as heart rate monitors, activity trackers, and other devices or wearables that are not personal computers or mobile phones or tablets. When you use a wearable or connected device or product, we may also collect certain information about the device or product such as serial number, Bluetooth address, UPC, or other device- or purchase-related information. Any Personal Data collected by/through a third-party website/application, including Fitness and Wellness Data, even if re-directed from our Platform or integrated with the products purchased from our Platform, will be governed by the Privacy Policy of such third-party websites/applications and we disclaim any liability arising out of such collection/usage by a third-party website/application.

4) When you give us permission to collect Location Data.

We may collect precise Location Data as part of the functionality of our Platform, such as to provide offers, or ads, and to conduct analytics to improve the Platform. We may collect precise Location Data in several ways, such as through your wireless carrier, based on Wi-Fi access point location, via Bluetooth beacons, through a connected device, or directly from the device on which you use the Platform. If you choose to purchase apparel or products with specially embedded hardware to track the movement or location of the apparel or product, these technologies may also enable collection of precise Location Data. If you are accessing the Platform through a mobile device, the way we collect precise Location Data will differ depending on your mobile device's operating system. In all events, we do not collect precise Location Data, unless you have "allowed" its collection. If you decline to allow Location Data collection in the app, we will not collect your precise Location Data unless you manually enter it in. Any Location Data collected by/through a third-party website/application, even if re-directed from our Platform, will be governed by the Privacy Policy of such third-party websites/applications and we disclaim any liability arising out of such collection/usage by a third-party website/application.

5) When you communicate with us or sign up for promotional materials.

We collect Personal Data when you communicate with us or sign up/opt-in to receive promotional materials or information via email, push notifications, or text messages - including email address, mobile number etc.

If you consent to such messages, we may use your Personal Data and other information to communicate with you about the Under Armour® products you have purchased or used or your usage of our Platform; provide you with promotional messages and personalized advertising; to notify you of other products; to notify you of contests, challenges, sweepstakes, and other promotions ("Promotions") we think may be of interest to you; and, for other marketing purposes. You can manage your communication preferences by registering for and logging into your account.

Please note that regardless of your email settings, we may send you notifications pertaining to the Platform, such as revision of our Terms or this Privacy Policy or other formal communications relating to products you have purchased or used.

We may use your Personal Data to respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests. We may also use your Personal Data to address your requests, inquiries, and complaints.

6) When you participate in special activities, offers, or programs.

We may request or otherwise collect Personal Data when you participate in Promotions, when you participate in surveys, or when you participate in research activities or initiatives, including for academic, commercial, wellness-related and research study purposes ("Research"). This includes Personal Data, such as name, address, email address, telephone number and age and other information that may be appropriate in order to participate. If you win a Promotion, we also may need to collect certain tax information, waivers and releases, depending on the prize.

We may also launch surveys that ask you to answer questions about a range of topics from Personal Data to brand and product preferences. Promotions or surveys may be run by a third-party service provider or co-branded with one of our business partners. In such instances, Personal Data may be collected directly by and/or shared with third-party service provider, and/or business partner, including for marketing purposes. Such promotion or survey run by a third-party service provider or co-branded with one of our business partners may be governed by a different privacy policy governing that collection of information in connection with that Promotion or survey.

7) When you engage with our online communities or advertising.

We may collect your Personal Data when you engage with our online communities. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events, and other community forums sponsored by or affiliated with the Company. Please note that such community forums are public, so we recommend that you exercise care in deciding what information and content you wish to disclose.

8) When you access third party products and services.

You may register and pay for third-party products and services or otherwise interact with another website, mobile application, or Internet location (collectively "Third Party Sites") through/be re-directed from our Platform, and we may collect Personal Data that you share with Third Party Sites through our Platform. When we do so, we will inform you of the further details of how we use your Personal Data.

9) When we collect data from third parties or publicly-available sources.

We may obtain certain data about you from third party sources to help us provide and improve the Platform and for marketing and advertising. We may combine your Personal Data with data we obtain from our Platform, other users, or third parties to enhance your experience and improve the Platform, such as providing you with a single point of sign on for our Platform and/or building an account dashboard letting you understand how to access and control all the features you use from a single page.

10) When we leverage and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies.

We may collect certain Personal Data using cookies and other technologies such as web beacons, device IDs, advertising IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising. Our Cookie Policy provided at https://www.underarmour.in/cookies-policy contains more information and options to control or opt-out of certain data collection or uses.

11) When you ask us to customize apparel, products, or features of the Platform.

We use photos, videos, or other data you provide to us to customize apparel, products, or features of the Platform.

12) When we comply with Legal Requirements or Obligations, Law Enforcement, and for Public Safety Purposes.

We may use Personal Data in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.

4. How Do We Disclose Your Personal Data?

We may disclose your Personal Data, for the aforementioned reasons and in the following ways. We will, only share the said information only till and if, the sharing of it is necessary to serve the function that we are trying to carry out.

1) To Under Armour® Group

With companies or ventures that are owned or controlled by Under Armour Europe BV or its group companies, affiliates, in order to provide and improve/enhance the Under Armour® products, for marketing purposes, and for advertising.

2) To Service Providers and Vendors

With business partners, marketing partners, and vendors to provide, improve, and personalize the Platform.

3) To Social Network Providers

With social network providers when we use social network widgets, buttons, or plug-ins in our Platform.

4) For Advertising and Marketing

With advertising and marketing partners for advertising and marketing purposes on our behalf and on behalf of third parties.

In addition, with your consent, we may share your precise Location Data with Third Parties for on and off platform personalization and curated marketing and advertising purposes. In case of being re-directed through our Platform to a third-party website/application, the data collected by such third parties would be governed by their respective privacy policies and the Company shall have no liability arising out of the same.

5) For Certain Analytics and Improvements

With certain companies for purposes of analytics and improvement of the Platform.

6) For Interest Based Advertising

With companies involved in interest-based advertising, including web, mobile app and other advertising.

7) For Legal Compliance, Law Enforcement and Public Safety Purposes

With law enforcement, government or regulatory bodies, lawful authorities, or other authorized third parties in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.

8) In the event of an actual contemplated sale

With prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction, pursuant to assurances of sufficient data handling practices and safeguards.

Our disclosure is limited to situations where we are permitted to do so under applicable Indian laws.

5. Legal Basis for Processing

Taking consent, before sharing your data or personal information is a norm in our company and is obtained at the time of your agreeing to the Terms and use of the Platform in compliance with the requirements under applicable data protection laws. But in certain cases, separate consent is not required.

1) For the Performance of a Contract

To perform our contractual obligations to you, including account registration, fulfilling orders or purchases you have made (including processing of payment), contacting you in relation to any issues with your order, for communicating with you, in relation to the Platform, including when you use or interact with a wearable or other connected device and in relation to location-based services (including to provide you geographically relevant services), when you ask us to customize apparel, products, where we need to collect Personal Data from third party sources and when you access third party products and services, where we collect data from third parties or publicly-available sources, or to aggregate and centralize data for the purposes of our Platform.

To meet legal obligations

To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.

For Legitimate Interests

To operate our business and the Platform, other than in performing contractual obligations to you for our "legitimate interests" for the purposes of applicable law — except where overridden by the interests or fundamental rights and freedoms that require protection of Personal Data.

For example, the following areas include processing covered by Legitimate Interests, subject to applicable law:

1) Communication

To communicate with you including to provide you important notices regarding changes to our Terms and also to address your requests, inquiries, and complaints. We may send strictly necessary communications, including emails, even if you have opted out of receiving other emails or communications. These types of communications do not require consent. We also process your Personal Data for our legitimate interests when you communicate with us, including when you sign up for promotional materials and we have not asked you for your consent in that regard.

2) Respond to Your Requests

To respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests.

Promotional Messages. We process your non-sensitive Personal Data to provide you with promotional messages and personalized marketing, including: when you communicate with us or sign up for promotional materials; when you participate in special activities, offers, or programs; when you engage with our online communities or advertising; to provide you offers, or advertising; when we aggregate and centralize data; and when we share Personal Data with our service providers and vendors.

3) Surveys

To send you surveys in connection with our Platform, unless commercial in nature. In those cases, a survey request may be sent to you if you have given us your consent to receive marketing from us.

4) Compliance with Law

To assist in the investigation of suspected illegal or wrongful activity and sharing information with other entities for fraud, loss, and crime prevention purposes. To protect and defend our rights and property, or the rights or safety of third parties.

Improvement and Development

To develop, provide, enhance, and improve our Platform and your experience, including to enable you to use the full range of our features (e.g., processing of non-sensitive Personal Data related to your use or interaction with a wearable or other connected device; third party products and services; when we collect, use, or otherwise leverage cookies, device IDs, Location Data, data from the environment; and other tracking technologies; when you connect with us through social media; when we collect data from third parties or publicly-available sources; when we aggregate and centralize data; and when we share Personal Data with our service providers and vendors). For internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.

To develop, provide, enhance, and improve Under Armour® products and research, analytics, innovation, testing, monitoring in relation to the Under Armour® products.

Vi. Enforcing Terms and Notice

To enforce our Terms or this Privacy Policy, or agreements with third parties.

vii. Merger or Acquisition.

To support a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.

6. Consent as a Basis for Processing

We will ask for your consent to process your Personal Data. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your Personal Data through our Platform or a form (including enrolling in Promotions); or (ii) registering or creating an account with us. We may request your consent for a number of activities including:

1) Marketing and Communication

We may ask for your consent to contact you by telephone, SMS/text message, Whatsapp and/or email about other offers, products, Promotions, events, or services that we think may be of interest to you and for other marketing purposes.

2) Sharing with Third Party Services

We may also ask for your consent to share your Personal Data with certain Third Party business partners in order to offer certain goods, services, or programs. To withdraw consent, please go to the preferences of the specific third party service or app.

3) Third Party Marketing

We may ask for your consent to provide Personal Data to allow third parties to contact you regarding their products, services, Promotions, or offers. Typically, this is in conjunction with a sweepstakes or challenge (your consent for third party marketing is generally not a pre-requisite to participation). To withdraw consent, please go to the preferences of the specific third party.

4) Processing Sensitive Personal Data

We may request your consent to process sensitive Personal Data, including when you use or interact with a wearable or other connected device, and when you take fitness tests or assessments. If you choose not to provide sensitive Personal Data (for example, specific kinds of Fitness and Wellness Data), certain features of the Platform may be unavailable or not function properly.

5) Collecting and Sharing Location Data

We may request your consent to collect your precise Location Data. Location Data may be used to display your live location and movement. In addition, we may request your consent to share your precise Location Data with Third Parties for on and off platform personalization and curated marketing and advertising purposes. If you choose not to provide this information, certain features of the Platform may be unavailable or not function properly.

6) Research

We may request your consent to use your Personal Data for Research purposes. We may also request your consent to contact you to determine your interest to participate in certain Research initiatives and to share identifying results. For market research, we may ask questions on behalf of business partners and share your response with business partners.

7) Advertising

We use cookies, pixels (including email pixels), mobile device and advertising IDs, Location Data or service usage data and data from sensors for purposes of interest-based, cross-device advertising, the consent for which may be managed at the operating system level. Please refer to our cookies policy available at https://www.underarmour.in/cookies-policy. You have the option to restrict the use of information for interest-based advertising and to opt-out of receiving interest-based ads.

8) Transfer of Data

Your information and Personal Data collected may be transferred to US or other countries, Under Armour Europe BV, its affiliates and group companies, third-party service providers in India and across borders worldwide, where necessary to fulfil the purposes described in this Policy and your Personal Data may be processed and stored outside India. When your information is transferred to other countries, it will be protected in the manner described in this Privacy Policy and as per applicable law. Appropriate safeguards have also been implemented to ensure such a level of data protection when transferring your Personal Data, including the conclusion of data transfer agreements regarding the collection, use and retention of Personal Data transferred, or other applicable data transfer mechanisms.

In the event you wish to know the names and addresses of the third parties your information has been disclosed to, you may request for such information by writing to the address as indicated below. Reasonable efforts will be made to revert to you within a reasonable period of time, with the information that you require.

We may request your consent for this transfer or the transfer, in other cases, may be justified by a legal basis other than consent.

9) Automated Processing

We may use some automated processing as necessary for providing certain the features on our Platform (and, in some cases, is the feature itself) and is not covered by consent. Other automated processing is not significant either due to the nature of the data or the decisions being made, or recommended, and so consent is not required. However, for automated processing that is significant and related to sensitive Personal Data, prior to sharing or using such data, we will first seek your consent.

Your email address, telephone number or other information may be converted into a unique value which can be matched by those third parties with a user on their platform or with other data they may have collected from you. This matching allows interest-based ads to be delivered on those platforms.

10) Promotions

We may ask you for permission to use your Personal Data for special offers, events, sweepstakes, and other Promotions. We may use the Personal Data we collect during Promotions, to administer the Promotion, verify identity and age, and to communicate with you about the Promotion.

Your Rights and Choices

You have certain rights and choices in connection with the Personal Data collected from you. Please kindly contact the Grievance Officer if you wish to exercise your rights under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) and to update your preferences, ask to remove your information from mailing lists or submit a request.

• You have the right to make sure we are using the accurate details about you and you may request to review and correct any inaccurate Personal Data we have of you.
• When we use your Personal Data based on your consent, you have the right to withdraw your consent at any time by writing to us.
• In the event that you withdraw consent given earlier we have no obligation to provide goods or services for which the said information was sought.
• You have the right to raise any discrepancies or grievances with respect to processing of information by contacting our Grievance Officer.

Opting-Out of marketing communications

You can at any time opt-out of marketing communications as below:

(i) in order to stop receiving emails, by clicking on the unsubscribe link within the marketing emails you receive or by contacting the address as indicated below. You also may opt out of receiving marketing emails by emailing care@underdogathletics.in

(ii) in order to stop receiving SMS/text messages/Whatsapp messages, you can text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive message (i.e., the five digit number from which the text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. You can also choose not to receive SMS/text messages/Whatsapp messages by emailing care@underdogathletics.in and specifying that you no longer want to receive such messages.

(iii) for opting out of interest-based advertising on mobile devices, you may opt-out by activating features offered by your mobile platform in this regard.

3) Withdrawing Consent

You may also withdraw any consent you previously provided at any time with effect for the future by contacting the email as indicated below, this will not affect the lawfulness of the use of your information based on your consent before its withdrawal: care@underdogathletics.in.

Data Retention

Your information provided is retained for the duration of your relationships with the Platform, plus a reasonable period in order to be able to run regular deletion routines or as required under applicable law. We will retain your personal data as long as needed to fulfill the purposes indicated in this Privacy Policy or requirements under applicable law. As a general rule, we will delete the data provided by you after six months of withdrawal or cancellation of your registration with us. If you wish to receive marketing communications, the necessary information will be kept to send you these communications following the end of your customer relationship or following their collection, if you are a prospective customer.

Where we no longer need to process your Personal Data for the purposes set out in this Privacy Policy, we will delete your Personal Data from our systems.

Where permissible, we will also delete your Personal Data upon your request. In order to make a deletion request you can write to care@underdogathletics.in

If you have questions about our data retention practices, please contact us through our Support Team at the Contact Us section of our Platform at: https://www.underarmour.in/customer-service/contact-us

Your Responsibilities

You are responsible for the information you provide to us and that it is honest, truthful, accurate and not misleading in any way. If you provide information concerning any other person such as individuals you provide as references, you are responsible for providing any notices and ensuring your reference consents to us collecting and processing that information as described in this Privacy Policy.

How Personal Data is Protected

Appropriate technical, organizational and physical safeguards are maintained to ensure an appropriate level of security of your personal data, in particular to protect your personal data against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. These measures include computer safeguards and secured files and buildings. Reasonable security practices and procedures are adopted for the purposes of securing personal information and comply with all applicable laws in this regard. To assist with this objective, remember to keep your system user ID and password information confidential. You agree that such measures are secure and adequate. However, no security system is perfect, and it cannot be promised that information about you will remain secure in all circumstances, including the security of your data during transmission or the security of data on your device. There is always a risk that a third party, without authorization, might unlawfully access the systems or otherwise access personal information. The Site is also not responsible for the authenticity of any information which is provided by you or otherwise collected from your use of the Platform, whether personal or otherwise.

Please contact the Grievance Officer if you wish to exercise your right to resolve your grievances.

Links to Other Websites

The Platform may provide links to other websites/third-party applications for your convenience and information. These websites/third-party applications may operate independently from the Platform. Linked sites/third-party applications may have their own privacy notices or policies, which is strongly suggested to be reviewed by you if you visit any linked websites/third-party applications. To the extent any linked websites/third-party applications you visit are not owned or controlled by the Platform, we are not responsible for the sites'/third-party applications content, any use of the sites/third-party applications, or the privacy practices of the sites/third-party applications.

Updates to the Privacy Policy

This Privacy Policy is subject to change and shall be modified and/or updated from time to time. Your continued engagement with the Platform will imply your acceptance of such updates to this Privacy Policy. We will post a prominent notice on our website to notify you of any significant changes to our Privacy Policy and indicate at the top of the Policy when it was most recently updated. This privacy policy was last modified in August, 2022.

Children

We do not knowingly collect Personal Data online from a child/minor under 18. If you become aware that a child/minor under 18 has provided us with Personal Data without parental consent, please contact us through our Support Team. If we become aware that a child/minor under 18 has provided us with Personal Data without parental consent, we will take steps to remove the data and cancel the child/minor's account.

How to Contact Us

We have taken great measures to ensure that your privacy is constantly respected. If you have any questions, comments, or concerns about how we handle your Personal Data or if you would like to exercise your rights, then you may contact us through our Support Team or by emailing care@underdogathletics.in together with a copy of an ID document or write to us at:

Underdog Athletics India Private Limited

Grievance Officer: Mr. Ankit Ranjan

Designation: Head of Customer Service

Address: Underdog Athletics India Private Limited, Regus Grandeur, Level 5, Caddie Commercial Hospitality, IGI Airport, Southwest Delhi, New Delhi, Delhi, India, 110037

Email: care@underdogathletics.in

Tel: 1800-102-8243

Your Consent

By providing your information and using the Platform, you hereby consent to the collection, use, storage, transfer, disclosure of such information for the purposes as disclosed in this Policy and acknowledge that such activity(ies) shall not cause any loss to you if used for the purposes stated in this Policy. You are providing the information out of your free will and are aware that you have the option and not obligation to provide your consent.

When using our Platform, we also provide in-time notice or obtain consent for certain practices. For example, we will obtain consent to use your location or send push notifications. We may obtain this consent through the Platform or using the standard permissions available on your device.

In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.