2. BKT may at any time unilaterally change or update all and/or part of the legal information pertaining to the Website, and thus recommends users to visit this section regularly.
3. PROPRIETARY INFORMATION
3.1. The "BKT" brand, the Website and all contents contained therein, including without limitation descriptions, photographs, video, graphics, processes, software, blogs, etc. are the exclusive property of BKT, including all intellectual and industrial property rights.
3.2. Users are not permitted to copy or reproduce, in whole or in part, any contents of the Website on paper format, electronic format or otherwise without BKT’s prior consent, nor shall they access the private profiles of third parties without their explicit consent. Any improper use will be prosecuted.
4. BLOG, FORUM AND PRIVATE AREA
4.1. On the Website there is a blog, the contents of which are not confidential. BKT is therefore entitled to copy, print, and transmit such contents to third parties by any means without owing anything to those who have posted and/or uploaded such content to the blog. BKT posts threads to the blog and users may comment on such posts. Each user is responsible for what he/she uploads to the blog and therefore releases BKT and its partners in any capacity from any liability. The user also undertakes to indemnify BKT and its partners against any kind of damage resulting from reading and downloading such content. The blog shall not be used to disseminate opinions or discuss topics that are not related to BKT branded products; such as political positions, satire, religion, nor shall it be used for any business transactions or personal relationship among users, or the purpose of self-promotion etc. Anyone who publishes contents on the blog must be entitled to post such content and shall provide evidence thereof upon request; he/she also undertakes not to infringe copyrights, trademarks, or other intellectual and industrial property rights by posting such contents. BKT may, at any time and at its sole discretion, assess, not allow, or delete uploaded content on the blog.
4.2. On the Website there is a forum, where users can exchange and seek for information and answers from BKT. All the provisions heretofore related to the blog apply to the forum too.
4.3. Fully aware of the liabilities and penalties established by the law for false claims, false statements and identity theft; users who wish to do so can register on the Website, thereby committing to providing the data required for registration. BKT reserves the right to regularly check the reliability, credibility and completeness of the data provided and has the right to refuse, suspend or cancel the registration of any user at any time.
4.4. The acceptance of users who have signed up to the private area by BKT implies the acceptance of the present conditions by the accepted users.
4.5. Every users can change his/her password at discretion and agrees to keep their log-in information confidential and secure, thus releasing BKT and its partners in any capacity from any damages or inconveniences arising from the loss, or the use of such information by third parties. In case of password loss, the user can request through the Website a temporary password, which he/she undertakes to change after the first access.
4.6. BKT never sends requests to communicate passwords or other sensitive data (for example, phone-number, credit card number, I.D. etc.) to e-mail addresses used for login. If a user receives such a request, it shall be deemed as an attempt of phishing. BKT asks all users to have the courtesy to report such acts, in order to take legal action and/or any necessary steps suitable to protect users. BKT is no way responsible nor liable, should some users fall victim to such frauds, and does by no way guarantee the total security and inviolability of the private area. Each user is therefore required to carefully consider which information or data he/she will voluntarily divulge in this area.
4.7. Users are responsible for the accuracy, completeness, and ownership of the information published in the private area, and they are aware of the penalties for false claims, false statements and identity theft. Users can still use a nickname to protect their anonymity towards third parties, but BKT shall at any time enjoy the right to know - and therefore users guarantee to communicate truthfully - the identity of each user.
4.8. Anyone who publishes contents in the private area must be entitled to post such content and shall provide evidence thereof upon request; he/she also undertakes not to infringe copyrights, trademarks, or any other intellectual and industrial property rights by posting such contents.
4.9. Users expressly understand and agree that BKT will remove contents deemed dangerous, disable accounts, and cooperate with the judiciary and law enforcement bodies, if it deems, at its sole discretion that through the Website there might be real dangers to users or threats to public safety.
4.10. Users are expressly prohibited to publish threats and insults against anyone, to promote or encourage any type of self-destructive actions, and to exchange of materials, information, or content prohibited by law. These contents shall not be approved and shall be removed, and such accounts will be reported to the competent authorities. Likewise, BKT will remove the content and disable accounts for which there is evidence of affiliation to terrorist, criminal or other organizations or activities, or of promoting hatred against a targeted group of people on the basis of skin color, ethnicity, nationality, religion, sex, gender identity, sexual orientation, disability or illness. BKT will also remove contents in support and/or justification of violent or criminal activities and/or heads of terrorist, criminal, or discriminatory organizations. The same applies to contents that are disparaging, defamatory or humiliating for third parties that are not public figures; however, BKT shall take all measures deemed appropriate against users who upload content that includes hatred and credible threats against public figures.
4.11. BKT keeps a constant check on the uploaded contents but assumes no responsibility for said contents if third parties were to be impacted or threatened by contents uploaded by users. These users shall be required to contact BKT to report any disputable content.
5.1. This information is provided to those who interact with web services accessible by electronic means originating from the Website. This information refers to BKT’s Website only and does not apply to other web sites that provide links to the Website.
5.2. From the Website, users can directly access the blog, the forum and the private area.
5.3. Specific summary information may be linked to or displayed on web pages dedicated to particular services (e.g. private area, use of the blog, newsletter, contact with customer service, etc.).
5.4. DATA PROCESSING
5.4.1. Navigation through the Website may involve processing of data belonging to identified or identifiable persons. The subject in charge of such data processing is Balkrishna Industries Limited, BKT HOUSE, C/15, Trade World, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai – 400013, India, which may, at its sole discretion, partially or entirely delegate such tasks to external technical agencies, which will be required to treat confidentially any and all personal data belonging to users. BKT undertakes not to use such data for purposes other than those accepted by users through this policy. BKT reserves the right not to respond to illegitimate or not lawfully grounded requests.
5.5. NAVIGATION DATA
5.5.1. Some personal data, whose transmission is implicit in certain Internet communication protocols, is automatically captured by the software and ITC systems that enable the functioning of the Website over its normal activity and purposes. Such data is not collected for the purpose of being associated with identified persons (or entities). However, by their very nature and by means of processing and connecting such data with other information held by third parties, users might be identified. For example, such data might include addresses provided by the ISP, domain names of computers used by users connecting to the Website, URI (Uniform Resource Identifier) of requested resources, time of request, methods used to submit requests to the server, file size obtained in response, numerical code indicating the status of response from the server (successful, error, etc.) and other parameters regarding the operating system and computing environments of the user. The use of this data is limited to obtaining anonymous statistics on Website usage and checking its correct functioning only; data collected for obtaining anonymous statistics are deleted immediately after processing. The data could be used to ascertain responsibilities in case of computer crimes against the Website or other users of the blog or inside the private area. Except for such cases, data are not stored for more than six months.
5.7. LOG FILES AND STORAGE
5.7.1. So-called log files will be tracked for safety reasons, which require registration and maintenance of log files, and their accessibility by police forces and the judiciary in the event that the latter requests it. Any control of log-ins will be carried out gradually and in full respect of the law, particularly of the principles of necessity and proportionality.
5.8. DATA PROVIDED VOLUNTARILY
5.8.1. Users that send e-mails to the addresses indicated on the Website expressly agree that, for the sake of replying to such requests, such e-mail addresses and any other personal data included in messages are acquired by BKT. Should such personal data not be provided, this may result in users' requests not being met for lack of essential information.
5.9. DATA PROCESSING METHOD
5.9.1. Data processing is carried out mainly by means of electronic and IT systems by BKT and/or third parties, carefully selected for their reliability and skills, in order to carry out operations that are essential for the performance of the services offered on the Website.
5.9.2. When processing data that might directly or indirectly identify each user, BKT undertakes to respect the principle of strict necessity. For this reason, BKT has set up the Website in such a way that the use of personal data is kept to a minimum. Therefore, the processing of personal data is excluded when the purpose of a specific task can be achieved by the use of anonymous data (e.g. market research aimed at improving services) or through other means that make it possible to identify the person involved only if necessary or at the request of authorities.
5.9.3. Personal information will be disclosed to third parties only with the user's express consent, except for the cases where disclosure is required by law, or the law does not require a consent, or is instead required by the law.
5.10. PURPOSE OF DATA PROCESSING
5.10.1. In general, personal data are processed to provide the following services available through the Website:
220.127.116.11. Registration on the Website, in order to use its services;
18.104.22.168. Subscription to additional specific services, such as the private area, newsletter, blog, where by posting comments users may be known to other users;
22.214.171.124. Management of users' requests: technical, commercial, and general requests;
126.96.36.199. Contacting BKT's services (Press Office, Business Development, Web Marketing, Purchasing, Customer Service).
5.10.2. In addition, should it be of interest to the user, and provided that they give their consent to this end, personal data may be used for:
188.8.131.52. Direct marketing initiatives (advertising materials, gifts, promotions, events and prize competitions), including communications sent via social networks, e-mail, messaging systems, VOIP, SMS, MMS or phone;
184.108.40.206. Market surveys and analysis of purchasing habits (profiling of customers) in order, among other things, to better satisfy and learn about users' preferences.
5.11. OPTIONAL OR OBLIGATORY NATURE OF DATA
5.11.1 The provision of personal information to BKT is required on several occasions of collection that, from time to time, are necessary to achieve the specific purposes, which can be freely chosen by the user who wants to access the services offered by the Website.
5.11.2. Every time that the provision of data is requested, those marked with an asterisk (*) next to the information required are deemed mandatory.
5.11.3. Refusal to communicate certain information marked as mandatory to BKT makes it impossible for BKT to achieve the main purpose for which such specific data is collected and, for example, it could make it impossible for BKT to perform product sales and purchase agreements with users, or to provide other services available on the Website.
5.11.4. The provision of additional information other than that marked as mandatory to BKT is optional and has no consequences in the achievement of the main purpose of such data collection.
5.12. SUBJECTS AND CATEGORIES OF SUBJECTS TO WHOM DATA MAY BE DISCLOSED
5.12.1. For the performance of services requested by the user at the time of providing personal data to BKT, users expressly agree that BKT may also employ external companies that carry out activities strictly related and instrumental to the accomplishment and execution of agreements and services (e.g. archive management for customers, customer relations); these companies include transport companies and shipping agents with regard to the delivery of goods and customs procedures; banks for the management of receipts and payments; government agencies other institutions for abiding by legal, financial and administrative obligations; companies and law firms for the protection of rights pertaining to contractual relationships; professionals for administrative and accounting requirements; postal services; third-party companies for market analysis, marketing and communication.
5.12.2. Personal data may also be communicated to all persons to whom the communication is due on account of legal obligations.
5.12.3. Users may ask through the Website or the Customer Service a list of the parties who process their own personal data.
5.13. DATA PROCESSING PERIOD
5.13.1. User data will remain confidential and BKT will not keep it for longer than necessary to ensure the proper provision of services required - except for the cases in which the conservation for a longer period is required by legal provisions in force, including accounting regulations, if applicable.
5.13.2. Users expressly agree that their data will be stored and processed by BKT for the purposes of profiling for the maximum time allowed by law. At the end of that period BKT will ask users to renew their consent to personal data processing, or will render them anonymous and store them for statistical or historical purposes only.
5.13.3. Users will always enjoy the right to revoke their consent to their personal data processing for marketing purposes at any time.
5.13.4. Data transmitted to any service providers will be processed for the time strictly necessary for the performance of the tasks entrusted to them.
5.14. USERS’ RIGHTS
5.14.1. Users whose personal data are collected may at any time make use of their rights, including the right to obtain confirmation of the existence of personal data concerning themselves, to know the content and origin of the data as well as the purpose and methods of processing. Users also have the right to verify data accuracy, to request the update, correction, integration, elimination of their data, to render them anonymous, or to block those data that are against the law, including those which are not needed for the purpose for which the data were collected or subsequently processed, and to oppose, for legitimate reasons, the processing of their personal data, for collection purposes and the processing of such data for advertising, direct sales, market research, promotions, commercial communications. Users can refuse at any time the use of their personal data for direct marketing from BKT.
5.14.2. For all the above-mentioned purposes, users can contact BKT by registered letter at Balkrishna Industries Limited, BKT HOUSE, C/15, Trade World, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai – 400013, India.
5.16. APPLICABLE LAW
6.1. Cookies are small files created on users' computers in order to store information on the basis of users' activities on the Internet. The Website may use the following cookies:
6.1.1. Session Cookies
220.127.116.11. Session cookies are stored temporarily and are valid for a limited time, so they do not store any information permanently on the hard drive of users' computers. These cookies allow the Website to store information from the beginning of each user's session.
6.1.2 Navigation cookies
18.104.22.168. The main purpose of navigation cookies is to avoid suggestions that are not related to individual users' interests, and thus allow the offering of direct, customized business proposals. The usefulness of navigation cookies is based on the temporary monitoring of Internet browsing.
22.214.171.124. Users can always remove this type of cookies before browsing through the Website.
6.1.3. Cookies for statistics
126.96.36.199. Stat cookies are useful to obtain the following information:
188.8.131.52.1. Date and time of the last time the user visited the Website.
184.108.40.206.2. Access to the content selected by the user during his/her last visit to the Website.
220.127.116.11. BKT uses statistical tools whose scope is limited to the above-mentioned functions. By this way, BKT can focus on improving the most visited areas and helping users to find more easily, what they are looking for.
18.104.22.168. The Website may use the information collected to carry out assessments and statistical calculations on anonymous data and to ensure continuity of service and make improvements to the Website. This information will not be used for any other purpose.
6.1.4. Third party cookies
22.214.171.124. The Website may also install cookies belonging to third parties that help manage and improve the services offered.
6.1.5. Managing Cookies
126.96.36.199. Notwithstanding all the above, each user can configure his/her browser to accept or reject all cookies or to receive a pop-up warning for the transmission of each cookie and decide from time to time which one to install on his/her device. For this purpose, the user should consult the help section of his/her browser to learn how to change settings.
188.8.131.52. Notwithstanding the foregoing, it is necessary to understand that disabling cookies could affect the proper functioning of certain sections of the Website.