Address
The Bay Club, Maker Maxity, BKC, Bandra (E), Mumbai 400051, India
The Bay Club, Maker Maxity, BKC, Bandra (E), Mumbai 400051, India
The Bay Club (“Club”), is a private membership club owned and developed by The Indian Film Combine Private Limited (“We” or “Us” or “Our”), a company incorporated under the provisions of the Companies Act, 1913, and having its registered office at Maker Tower F, 1st Floor, 85, Cuffe Parade, Mumbai 400 005.
The Club, is a part of the Hospitality Complex that is being developed as a part of the mixed use project known a Maker Maxity at the Bandra Kurla Complex, Bandra (East), Mumbai 400 051 which offers the Services (as defined below) to its duly registered members and other individuals.
When You become a member of the Club, visit Our Platforms (as defined below), avail Our Services or provide Your information to Us, We may collect Your information.
1.1. The Club offers, inter alia, the following services to its members (“Services”):
(a) fully equipped spaces and rooms to conduct meetings and private events;
(b) ‘on-demand’ secretarial services;
(c) gymnasium and spa;
(d) food and beverage services;
(e) private workstations;
(f) entertainment services;
(g) sport facilities;
(h) access to other clubs that are part of the Club’s network of clubs having reciprocal arrangements
(“Reciprocal Club Network”); and
(i) any other facilities and services that may be made available from time to time.
1.2. As part of the Services and to promote the same, the Club has an official website which is available at www.bayclub.inand a mobile application (collectively, “Platforms”), which may be used or accessed for informational purposes only.
1.3. This Privacy Policy applies to all members of the Club and any user accessing or using Our Platforms, filling out application forms, or otherwise engaging with Us through email or other means (collectively, “You” or “Your”).
1.4. By accessing or using Our Services or by otherwise giving Us Your information, You confirm that You have the capacity to enter into a legally binding contract as per applicable law applying within the jurisdiction of the Republic of India, in particular, the Indian Contract Act, 1872, and have read, understood and agreed to the practice and policies outlined in this Privacy Policy and agree to be bound by the same.
1.5. You hereby consent to Our collection, use, sharing, transfer and disclosure of Your information as described in this Privacy Policy.
1.6. We may modify, add or delete from, this Privacy Policy, at our sole discretion, from time to time, and Your continued access to, or use of the Services, following any such amendments to the Privacy Policy will be considered to be an acceptance of the said changes.
1.7. If You do not agree with this Privacy Policy at any time, in part or as a whole, do not access/use the Services including the Platforms, or provide Us with any of Your Information.
1.8. If You are accessing or using the Platforms from any location outside India, You do so at Your own risk, and will be solely liable for compliance with any local laws, as may be applicable.
1.9. In the event of a change in the law applicable to data protection in India, You hereby expressly consent to Our continued use, storage, collection and disclosure of Your Information, including Personal Information, to the fullest extent permitted under such applicable law. We may reach out to You for obtaining additional consents and approvals as required under the amended law and You will be required to comply with such requests. Should You choose to not provide Us with such additional consents and approvals, We may have to discontinue provision of Our Services and/or Our business offerings to You.
2.1 We collect the following types of information about You when You access or use Our Services: Member Information,User Information, Behavioral Information and Indirect Information (each of which has been defined below, and collectively, “Information”).
2.2 In order to provide You with Our Services, We will collect the following information from You through a membership application form made available by Us to You vide email, when You voluntarily fill it out to avail Our Services or through Your direct engagement with us: Name, Gender, Permanent Account Number, Occupation including details of Your Industry, Organization and Designation, Educational Qualifications, Date of Birth, Passport Number, Date of Marriage Anniversary, Office and Home Contact Details including address, phone number and email ID, special interests and hobbies, cultural communities that You would like to be part of, culinary preferences, sporting preferences, photographs, signature, and all of the foregoing information of your spouse and children who propose to use Our Services as part of You membership (collectively, “Member Information”). We may, as part of the Member Information, also collect a copy of Your residential electricity bill or telephone/mobile bill.
2.3 We will also collect Your name, phone number and email address (collectively, “User Information”) if You choose to contact us through the ‘Contact Us’ form available on the Platforms.
2.4 We may also collect Member Information and/or User Information when You visit the Club to enquire about, or avail Our Services or attend any seminars, webinars, conferences or events organised by Us or one of the members.
2.5 We may also receive Your Member Information and User Information from any club which is part of Our Reciprocal Club Network or through referrals from other members.
2.6 When You approach or become a member of any club which is part of the Reciprocal Club Network, You may be required to provide other Personal Information about You to avail of services and facilities offered by such other clubs. Such collection, storing, processing, transferring and sharing of such other Personal Information will be subject to, and will be governed by, the policies of such clubs.
2.7 We may also collect information about how You use the Platforms and information about Your computer or mobile device, and software including usage statistics, traffic data, Your IP address, browser and operating system type, domain names, access times, locations, and details regarding the parts of the Platforms that You access (collectively, “Behavioural Information”).
2.8.1 We use a third party payment gateway to receive and process payments made to Us. In connection with the processing of such payments, We neither collect, process, nor retain any financial information or any other SPDI (as defined below).
2.8.2 When You wish to make a payment to Us, You will be redirected to the website of Our third party payment processor to facilitate such payments (“Payment Gateway”).
2.8.3 All financial information will be provided directly to the Payment Gateway provider, whose use of such information is governed by its privacy policy.
2.9 Lastly, Your use of certain third party services on the Platforms or at the Club also requires Us to collect such information as is considered necessary for that purpose (“Indirect Information”).
2.10 The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of ‘Personal Information’, which is defined under the SPDI Rules as 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.
2.11 The SPDI Rules further define “Sensitive Personal Data or Information” (“SPDI”) of a person as Personal Information about that person relating to:
2.12 Some of the Information collected by Us may qualify as Personal Information.
2.13 We understand that all Personal Information provided by You to Us is provided voluntarily. Collection, use and disclosure of Personal Information requires Your express consent, unless there are other legal grounds available to us to collect such information as further specified in this Privacy Policy. By using or accessing the Services or otherwise providing Us with Your Personal Information, where applicable, You are providing Us with Your consent to Our use, collection, retention, transfer and disclosure of the Personal Information in accordance with the terms of this Privacy Policy.
2.14 In certain circumstances, some Member Information that You provide Us with either as part of the membership application form, for availing the Services or for attending events held at the Club such as accessibility and dietary requirements can imply or suggest a member’s health or other information which may include SPDI (as defined below). You agree and acknowledge that such information is only collected for the aforesaid limited purposes and consent to Our collection thereof.
2.15 Where You provide Us with User Information of third parties, We understand that You have obtained consent of such third parties, and have sufficient rights, approvals and licenses to provide such information to Us. If You provide Information on behalf of someone else (such as Your spouse or child), You represent that You are authorised by such individual to (i) accept this privacy policy on such individual’s behalf or in case of a minor, are their legal parent or guardian, and (ii) consent on behalf of such individual to our collection, storage, use, transfer, and disclosure of such individual’s Information as described in this Privacy Policy.
2.16 By providing Us with the Information, You agree that the contact number supplied by You is not part of any “do not call” registry or its equivalent, anywhere in the world and that We may use the Information to send You communication, notices or alerts that are transactional, informational and promotional in nature, from time to time.
2.17 You may choose to not provide Us with, or withdraw, any or all information included under Personal Information, but in the event that You do so, We may be unable to allow You to avail Our Services for the provision of which Your information is being collected or processed.
3.1 We use Your Information for the following purposes:
(a) To offer, provide, develop, customize and improve Our Services;
(b) For invoicing You for availing Our Services and processing of payments pursuant to the same;
(c) To enable seamless integration and provide You with uninterrupted access to services across clubs which are part of Our Reciprocal Club Network;
(d) To invite You for events, seminars, and workshops conducted by Us which We believe may be of interest to You;
(e) For marketing purpose and to intimate You of any new service and business offerings;
(f) To operate and improve the Platforms in order to foster a positive user experience and to improve Our business as a whole;
(g) To obtain third party services, so as to enhance Our Services and other service offerings;
(h) To facilitate shared services for loyalty programmes;
(i) To analyze data, tracking trends, build algorithms, recommendation engines;
(j) Research;
(k) For non-targeting reasons such as frequency capping, compliance, information reporting or delivery, market research or product development purposes;
(l) To conduct audits and quality assessment procedures;
(m) To analyze the use of Our Services and troubleshooting problems in relation to Our Platforms.
In addition to the above, We also use Your Information, including Personal Information (that is information that may be used to identify You), for the following purposes:
(n) For Our internal operational purpose such as record keeping, accounting and compliance with applicable taxation laws;
(o) For the purposes of recording information including dates, times and locations at which Our Platforms have been accessed by using various tracking technologies and thereby improving Our Platformsand Your experience by providing You with relevant information based on the above. Your disabling of tracking technologies on the Platforms by changing settings on Your smartphone and/or web browser may result in Your inability to use the Platforms fully or at all;
(p) To comply with applicable law;
(q) To respond to any queries that You may have, and to communicate information to You, including notifications of any alerts, any updates to the Services;
(r) To send newsletters and other related communications to which You may have subscribed to; and
(s) To contact You from time to time to record Your valuable feedback on Our Services, as it currently stands, and/or any potential services that may be offered in the future;
(Collectively, the above constitute “The Purposes”).
3.2 Our processing of Your Personal Information in the context of Your visit to, and use of Our Services are based on Our legitimate interests to operate the Club and to optimize Our Services.
(a) To third party operators who operate and manage the Club on our behalf;
(b) To companies and individuals who are authorized by Us to perform certain functions in relation to the Services, Platforms and/or Our business, including Our third party service providers, consultants and professional advisors and insurers;
(c) To third parties, including persons or entities outside India, in furtherance of any of the Purposes specified in the Policy;
(d) To a third party who acquires, or may potentially acquire, Our business, whether such acquisition is by way of a merger, consolidation or purchase of all or a substantial portion of Our assets; and
(e) If legally required to do so, pursuant to an order from a governmental entity or in good faith. We will disclose the Information to:
Such third parties may include:
(a) Our operators, managers, affiliates, associates, partners and related entities;
(b) Other clubs, that are part of Our Reciprocal Club Network;
(c) Any of Our agents, contractors or third party service providers that process or will be processing Your Information, on Our behalf, including but not limited to those which provide administrative or other services to Us such as mailing houses, telecommunication companies, information technology companies and data centres; and
(d) Third parties, such as service providers, to whom disclosure by Us is for one or more of the Purposes, and such
third parties would, in turn, be collecting and processing Your Information including Personal Information for one
or more of the Purposes.
5.1 You may review, correct, update, or change Your Personal Information available with us by emailing Us atmembership@bayclub.in.
5.2 You may also request Us to delete Your Personal Information, and We will comply with such requests within a reasonable time, unless We are required to keep certain information for legal purposes.
5.3 Should You choose to delete Your Personal Information, or modify it in a way that is not verifiable by Us, or leads to such Personal Information being incorrect, We will be unable to provide You with Our Services, and such a deletion or modification may be regarded as the user seeking to discontinue availing Our Services.
5.4 We reserve the right to verify and authenticate Your identity and Your Personal Information in order to ensure accurate delivery of Services.
5.5 Access to, or correction, updating or deletion of Your Personal Information may be denied or limited by Us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control including but not limited to acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption.
7.1 We will put in place measures such that Your Personal Information, which is in Our possession or under Our
(i) control, is destroyed and/or anonymized as soon as reasonable after
(ii) the Purpose for which that Personal Information was collected is no longer being served by the retention of such Personal Information; and
retention is no longer necessary for any other reason including applicable law.
7.2 If You wish that We no longer use Your Personal Information in accordance with the terms of this Privacy Policy, contact Us at membership@bayclub.in.
7.3 We, however, reserve the right to retain, store and use Your Information including Personal Information for Our business purposes, whether such Information has been deleted or not. After a period of time, Your data may be anonymized and aggregated, and then may be held by Us as long as necessary for Us to provide Our Services effectively.
7.4 Please note that Your withdrawal of consent to use Your Personal Information may result in Us not being able to provide You with Our Services, or terminate any existing relationship that We may have with You.
8.1 The Platforms may include hyperlinks to various external websites or platforms, including the Payment Gateway, and may also include advertisements, and hyperlinks to applications, content or resources (“Third Party Links”). We have no control over such Third Party Links present on the Platforms, which are provided by persons or companies other than Us. You acknowledge and agree that We are not responsible for any collection or disclosure of Your information by any external sites, applications, companies or persons thereof. The presence of any Third Party Links on Our Platforms, cannot be construed as a recommendation, endorsement or solicitation for the same or any other material on or available via such Third Party Links.
8.2. You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your information via Third Party Links, as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products, services, or other materials on, or available via such Third Party Links. This will include all transactions, and information transmitted therein, between You and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from, or in connection with, such transactions between You and the aforementioned third parties.
8.3 Such third party websites and platforms, and external applications or resources, accessible via the Third Party Links may have their own privacy policies governing the collection, storage, retention and disclosure of Your information that You may be subject to. We recommend that You exercise reasonable diligence, as You would in traditional o ine channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third party website or application’s privacy policy.
9.1 We cannot ensure that all of Your Information including Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although We are committed to protecting Your privacy, We do not promise, and You should not expect, that Your Information or private communications will always remain private.
9.2 Further, as a User of the Platforms, You assume all responsibility and risk for Your use of the Platforms, the internet generally, and the information You post or access and for Your conduct on, and off, the Platforms.
10.1 You agree and undertake to indemnify Us in any suit or dispute by any third party arising out of disclosure of information by You to third parties either through Our Platforms or otherwise, and Your use and access of websites, applications and resources of third parties.
10.2 We assume no liability for any actions of third parties with regard to Your Information or Personal Information which You may have disclosed to:
(a) Other clubs, part of Our Reciprocal Club Network;
(b) Payment Gateway provider; and
(c) other third parties by various means, including, through Third Party Links.
11.1 Payment made via online payment will not be rolled back online.
11.2 Payment made online, in case of any refund, shall be made to the bank account number provided by the Member.
11.3 While availing any of the payment method/s available on the Website/ Member’s Portal, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
(a)Lack of authorization for any transaction/s, or
(b)Exceeding the pre-set limit mutually agreed by You and between “Bank/s”, or
(c)Any payment issues arising out of the transaction, or
(d)Decline of transaction for any other reason/s Or for any reason not specified above.
In accordance with the IT Act and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name – Mr. ABC
Phone number – +91 22 42004300
You may write to [him/her] at the following address:
The Bay Club,
Maker Maxity,
Bandra Kurla Complex,
Bandra (East),
Mumbai 400 051
Or email [him/her] at greivanceofficer@bayclub.in
