Privacy Policy - Website

PRIVACY POLICY - WEBSITE

 

THIS DOCUMENT (HEREINAFTER REFERRED TO AS THE ‘PRIVACY POLICY’) IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES ISSUED THEREUNDER (AS APPLICABLE), THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000 and other applicable laws, rules, regulations as may be amended, modified, consolidated, substituted, and re-enacted from time to time. THIS PRIVACY POLICY   IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

 

THIS PRIVACY POLICY IS PUBLISHED IN ACCORDANCE WITH APPLICABLE LAWS OF INDIA FOR BROWSING, ACCESSING AND USING www.eshop.kirloskarpumps.com  (HEREINAFTER REFERRED TO AS THE “SITE” or “WEBSITE”).

 

THE SITE IS designed, developed, hosted, OWNED, OPERATED AND MANAGED BY KIRLOSKAR BROTHERS LIMITED (CORPORATE IDENTIFICATION NUMBER -L29113PN1920PLC000670), a company incorporated under THE INDIAN COMPANIES ACT, 1913 (AND VALIDLY EXISTING UNDER THE COMPANIES ACT, 2013) AND HAVING its GLOBAL CORPORATE office at YAMUNA SURVEY NO. 98/ (3-7) BANER, PUNE 411045, MAHARASHTRA INDIA (HEREINAFTER REFERRED TO AS “THE COMPANY”, “WE”, “US” or “OUR”, WHICH EXPRESSIONS SHALL UNLESS REPUGNANT TO THE SUBJECT OR CONTEXT HEREOF BE DEEMED TO INCLUDES ITS SUCCESSORS AND PERMITTED ASSIGNS).

 

For the purpose of these terms wherever the context so requires the term "You" or “user” shall mean and include any natural or legal person WHO ACCESSES, BROWSES OR USES THE WEBSITE FOR ANY PURPOSE WHATSOVER.

 

YOUR USE OF THIS SITE OR PROVISION OF ANY INFORMATION ON THE SITE CONSTITUTES YOUR AGREEMENT TO THIS PRIVACY POLICY (AS MAY BE AMENDED FROM TIME TO TIME); INCLUDING THE APPLICABLE POLICIES WHICH ARE INCORPORATED HEREIN BY WAY OF REFERENCE. IF YOU USE THE SITE, YOU SHALL BE SUBJECT TO THE POLICIES THAT ARE APPLICABLE TO THE SITE FOR SUCH TRANSACTION. BY MERE USE OF THE SITE, YOU SHALL BE CONTRACTING WITH THE COMPANY AND THESE TERMS AND CONDITIONS, INCLUDING THE POLICIES, WILL CONSTITUTE YOUR BINDING OBLIGATIONS WITH THE COMPANY. DO NOT USE THE SITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY AS SPECIFIED HEREIN.

 

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE COMPANY AND GOVERNS YOUR RELATIONSHIP WITH THE COMPANY. BY ACCESSING, BROWSING OR USING THE SITE, YOU ABSOLUTELY UNCONDITIONALLY AND IRREVOCABLY ACCEPT AND AGREE TO ABIDE BY THE TERMS OF THIS PRIVACY POLICY WHICH WILL BE EFFECTIVE UPON YOUR BROWSING, ACCESS AND USE OF THE SITE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OR HAVE ANY OBJECTION TO GRANTING YOUR CONSENT AS STATED HEREINABOVE, KINDLY DO NOT BROWSE, ACCESS, DOWNLOAD, INSTALL OR USE THE SITE.

 

1. Privacy Notice

 

• This Privacy Policy explains the policy regarding the collection, use, disclosure and transfer of Your information by the Company and/or its subsidiary(ies) and/or affiliate(s), which operates various websites, including sub-sites, platforms, applications, m-web platforms and other platforms for delivery of information, offerings and content via any mobile or internet connected device or otherwise.

 

• This Privacy Policy is aimed and intended to provide the Users of the Site with information in relation to the online practices pursued by the Company especially with respect to the Personal Information (as defined herein below) provided by the users on the Site.

 

• Though all efforts have been made to ensure the accuracy and correctness of the content on the Site, the same should not be construed as a statement of law or used for any legal purposes.

 

2. The Site

 

• The Site is purely intended as an informational website disseminating information about the Company, its associated entities, its products, its staff and sale of its products.

 

• Please note that the browsing, access and use of the Site is restricted only for persons above the age of 18 years and persons who are “competent to contract within the meaning of the Indian Contract Act, 1872”. Our Site is not intended for minors and the Company does not target any minors. The Company does not knowingly collect Personal Information from minors. If You are under the age of 18 years, please do not provide us with any Personal Information.

 

• If You are a minor (i.e. under the age of 18 years), You may browse, access or use the Website only under the supervision and prior consent/ permission of a parent or a legal guardian.

 

3. Collection, use and disclosure of Information

 

• The Site and applications or apps (via any mobile or internet connected device or otherwise) based on the Site do not automatically capture any specific Personal Information from You without Your consent. For the purposes of this Privacy Policy, “Personal Information” means any information that relates to any person, which, either directly or indirectly, is capable of identifying such person.

 

• At present, the Site does not require You to provide any Personal Information to browse, access and use the Site or otherwise collect, store, process, use or disclose any Personal Information through automated means. The Site may collect, store, process, use and/or display, as the case may be, certain Personal Information to help improve the usage and/or access of the Site which is specified in Paragraph 3.3 below.

 

• The Site may require You to provide Your name and contact details should You wish to contact the Company or its officers or for registration, if any. Any information You provide on the Site is purely used for addressing any queries or grievances that You raise, and shall be shared only with the Company’s employees or representatives to enable the usage and/or access of the Site and commercially reasonable security measures will be taken to protect Your Personal Information. Such information will not be disclosed to any third parties, other than to (i) any service providers of the Company who contact You on behalf of the Company in connection with the usage and/or access of the Site and/or (ii) any information that is required to be disclosed by the Company pursuant to any applicable law, rule, regulation, ordinance, guideline, order or a judgment of a competent court or a governmental regulatory authority.

 

• We gather certain information about the User, such as Internet protocol (IP) addresses, domain name, browser type, operating system, the date and time of the visit, the pages visited and if You access our Site from another website, the address of that website. This information would help us make our Site more useful to Users / visitors to learn about the number of visitors to our Site and the types of technology our visitors use.

 

• You have the right to request us to discontinue the collection or use of Your Personal Information by writing to the Grievance Redressal Officer at TechnicalGrievanceOfficer@kbl.co.in. Please mention “Withdrawal of consent for collection and processing personal information” in Your subject line of Your communication. We will verify such requests before acting on Your request. However, please note that in case of such request, we may be unable to provide You with the access and/or use of the Website.

 

4. Security

 

• The Company has placed commercially reasonable technical, organizational, administrative and physical controls to prevent misuse or unauthorized or unlawful access to or accidental loss of or destruction or damage to Your information, as available on the Site. We also ensure that our security practices are updated at regular intervals to maintain compliance with applicable laws, rules, regulations, ordinances, guidelines, orders and judgments. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. All information gathered on the Site is securely stored within the Company controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information You supply will not be intercepted while being transmitted to us over the internet. And, of course, any information You include in a posting to the discussion areas is available to anyone with internet access. However, we cannot absolutely guarantee the protection of any information shared with us.

 

• We store and process Your information including any sensitive financial information collected, if any, on computers that may be protected by physical, as well as reasonable technological security measures and procedures, in accordance with Information Technology Act, 2000 and the Rules framed thereunder and any other applicable laws, rules, regulations, ordinances, guidelines, orders and judgments.

 

• We use third-party advertising companies to serve ads when You visit or use or access our Site. These companies may use information (excluding Your name, address, email address or telephone number or any personally identifiable information) about Your visits or use to particular website, mobile application or services, in order to provide advertisements about goods and services of interest to You.

 

• We do not sell or share any personally identifiable information (volunteered or otherwise as available on the Site) to any third party, save and except disclosures as may be required pursuant to any applicable law, rules, regulations, ordinances, guidelines, orders and judgments.

 

• The security is designed at the coding level by masking data, User level by restricting the views based on roles and responsibility, infrastructure level and IP level by means of configured firewalls.

 

5. External Sites and Hyperlinking Policy

 

• The Site may provide links to websites and the platform owned and operated by third parties/our affiliates. These links have been placed for Users’ convenience. These links are external and are governed by their own privacy policies and terms of use. You are advised to read and understand the terms of such external websites carefully prior to browsing, accessing or using the services offered on such external sites.

 

• Since the Company has no control over such sites, links and resources, You acknowledge and agree that the Company shall not be responsible for the contents and reliability of the linked websites and that the Company does not necessarily endorse the views expressed in them. Mere presence of the link or its listing on the Site should not be assumed as an endorsement of the views expressed on such links or its listing.

 

• We cannot guarantee that these links will work all the time and we have no control over the availability of linked pages.

 

• You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly for any damage or loss, caused or alleged to be caused by or in connection with the use of or reliance on any such content, information, goods or services, available on or through any such link or site or resource.

 

• We do not object to You linking directly to the information that is hosted on the Site and no prior permission is required for the same. However, we would like You to inform us about any links provided on the Site so that You can be informed of any changes or updates therein. Also, we do not permit our pages to be loaded into frames on Your site. The pages belonging to this Site must load into a newly opened browser window of the user.

 

6. Disclaimers

 

• Without prejudice to anything stated herein and in addition to the disclaimers provided elsewhere in this Privacy Policy, the Users acknowledge and confirm that the products displayed are merely recommendatory and are suggestive based upon the information shared by such Users on the Website whilst conducting their search. Without prejudice to anything stated herein, the Users accessing information on this Site are required to conduct their own independent due diligence prior to relying on any information displayed on this Site and/or proceeding with any decision or transaction in connection with the same and/or in pursuance thereof.

 

• While the Company has made every effort to maintain the accuracy of the information on the Site, all content, information (including the price of products), software, products, services and related graphics are provided on an "AS IS" and "AS AVAILABLE" basis without the Company making representations or warranties of any kind, express or implied, as to the operation of the Site including the accuracy or completeness of the information, content, materials, or products included/posted/displayed on the Site.

 

• The Company shall not be responsible for any typographical errors or errors in illustrations, pictures or descriptions on the Site. Pictures/images of products displayed on the Site are for illustration only and the actual product may differ from the picture/image displayed on the Site. All item descriptions, images, product logos, availability and pricing are subject to change at any time without notice. We may also make any other changes/ updates to the Site, the materials and the products, programs, services or prices described in the Site at any time. The products displayed on this Site may not always be available/ in stock.

 

• To the maximum extent permissible by applicable laws, the Company disclaims all warranties or representations, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety or legality of the products listed or displayed on the Site.

 

• Any and all decisions taken by Users and/or transactions entered into by Users in connection with or in reliance on such information displayed on the Website will be taken by them at their sole risk and the Company is not and will not be liable in any manner whatsoever.

 

• Without prejudice to anything stated herein and in addition to the disclaimers provided elsewhere in this Privacy Policy, the Users by browsing, accessing or using the Site specifically acknowledge and understand that whilst the Company shall, to the maximum extent permitted by applicable laws, rules, regulations, ordinances, guidelines, orders and judgments make all reasonable endeavors to protect and secure the confidentiality of the information provided by the Users, the Company shall not be liable in the following circumstances (please note that this is not an exhaustive list and the specification of any instances herein below shall be in addition to other defenses which may be applicable to the Company under applicable laws, rules, regulations, ordinances, guidelines, orders and judgments) (i) any unauthorised use, (i.e., use, reproduction, distribution, disposition, or any other activity, including, without limitation, decompilation, reverse engineering, modification or disassembly etc. without the authorisation from the Company) or (ii) unauthorised access or attempt to access or penetrate, or attempt to penetrate by any third party’s computer software or electronic communications system, (including without limitation, hacking, introduction of any virus, malware, spyware, trojans), or (iii) any intrusion resulting in the corruption or loss of data etc. of the Site by a User or by any third party which may cause any loss or damage to the User or the third party where such unauthorized use or access could not be prevented despite reasonable safety precautions undertaken by the Company or (iv) any information that is required to be disclosed pursuant to any applicable law, rule, regulation, ordinance, guideline, order or judgment of a competent court or a governmental regulatory authority.

 

7. Log Files

 

We automatically collect limited information about Your computer's connection to the internet, including Your IP address, when You visit our Site or application. Like most standard software application servers, we use log files. This includes IP (internet protocol) addresses, Your computer's name, Your operating system, browser type and version, ISP (internet service provider), referring / exit pages, Site type, date / time stamp and number of clicks to analyze trends, administer the Site including the contents thereof, track User's movement in the aggregate to create and maintain better content and information on the Site, and gather broad demographic information for aggregate use. We may also collect log information from Your device, including Your location, IP addresses, Your device's name, device's serial number or unique identification number (e.g. UDID or Your IOS device), Your device operating system, browser type and version, CPU speed, and connection speed etc. which are not linked to personally identifiable information. The same may be used to track the behavior of the customers/Users or identify the area of interest of the customers/Users, which might further be useful for advertisement, promotions etc.

 

 

8. Cookies and other automated technologies

 

• We use data collection devices such as cookies on the Site to help analyse our web page flow, measure promotional effectiveness and promote trust and safety. A cookie is a very small amount of data that is sent from our server to the browser’s local storage space and then to Your computer's hard drive.

 

• The website that transfers a particular cookie to the computer system can read, modify or delete such cookie. Cookies are necessary to facilitate browsing and to make it more User-friendly and they do not cause damage to Your computer system or files. A User has the option of accepting or declining the cookies of this Site by changing the settings of Your browser. If You opt to enable this cookie, the Site will remember You the next time You visit and won't have to bother You, by asking questions You have already answered (like address information). If Your browser is not configured to "accept" cookies, You will still be able to access the information on our Site.

 

• We may use “pixel tags”, "clear GIFs" or similar files or technologies (“Web Beacons”) to track the online usage patterns of our Users in an anonymous manner, without personally identifying the User. We may also use clear GIFs in HTML-based emails sent to our Users to track which emails are opened by recipients. We use this information to inter alia deliver our web pages to You upon request, to tailor our Site to the interests of our Users, to compile aggregated statistics about the usage of the Site and response rates, to measure traffic within our Site to improve the quality, functionality and interactivity of our Site and let advertisers know the geographic locations from where our Users come without personally identifying the Users.

 

• We may refer other sources of demographic and other information in order to provide You with more relevant communications and promotions. We use Google Analytics, among others, to track the User behaviour on our Site, to improve our Site and also to help the Company understand Your use of the Company’s services on this Site. The reports are anonymous and cannot be associated with any individual personally identifiable information that You may have shared with us.

 

9. Information provided under “Contact Us” Tab

 

The “Contact Us” feature available on the Site may require You to provide information pertaining to any feedback or the nature of issue or query which You may raise.  The Company may require You to provide certain Personal Information to enable the resolution of the queries. Such Personal Information, if provided, shall be used solely for resolution of the issues or queries raised and not otherwise. 

 

10. Data Retention

 

We will only keep Your Personal Information for as long as necessary to fulfill the purposes we collected it for, subject to complying with any legal, accounting, or reporting requirements. This means, for instance, that we will retain Your Personal Information for as long as You use the Site and for such further period as may be required for ensuring compliance with applicable laws, rules, regulations, ordinances, guidelines, orders and judgments. Once You decide to terminate Your use of the Site, we will delete or anonymize Your Personal Information within a reasonable timeframe, unless we are required to retain it for other reasons including prescribed retention under applicable laws, rules, regulations, ordinances, guidelines, orders, judgments and/or for audit or taxation purposes, and/or in relation to legal disputes etc.

 

11. Upload files

 

The Users have to ensure that the files, if any, being uploaded by them are free from all kinds of viruses and contain only the relevant information as required. If any User has uploaded / attached irrelevant data, bogus or fabricated documents, then the Company shall without any prior notice block You from browsing, accessing or using the Website.

 

12. Profanity Policy

 

• The Company prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

 

• This policy extends to text within listings, on pages and all other areas of the Site, that another User may view. Private communication, including email correspondence, is not regulated by the Company. The Company encourages its Users to be professional, courteous and respectful when communicating by email.

 

13. Indemnity

 

• Without limiting the generality or effect of the other provisions of this Privacy Policy, as a condition of use, You, the User, agree to defend, indemnify in full and hold harmless the Company, its subsidiaries, its affiliates, their respective promoters, shareholders, employees, directors, officers, agents, and/or their successors and assigns (“Indemnified Parties”) from and against any and all claims, actions, demands, liabilities, damages, losses, costs and expenses, (including attorney’s fees) (hereinafter referred to as “Claims”) of whatsoever nature and/or whether made, claimed, incurred, suffered and/or sustained by any of the Indemnified Parties or any third party, in connection with any Claims, arising out of or relating to (i) Your actions or inactions, including but not limited to (a) the non-fulfilment of any of Your obligations under this Privacy Policy or (b) arising out of Your violation of any applicable laws, rules, regulations, ordinances, guidelines, orders and judgments (c) Claims relating to libel, defamation, violation of rights of privacy or publicity (ii) Your browsing, access and usage of the Site (iii) breach by You, Your employees, authorized representatives or by any person acting on behalf of the User of any representations, warranties, confirmations, undertakings, covenants, obligations or terms as set forth in this Privacy Policy and, (iv) any and all actions, suits, proceedings or claims relating to the foregoing sub-paras (i) to (iii). 

 

• You shall forthwith on demand make payment to the concerned Indemnified Party, within seven days of receipt of a written demand from the Indemnified Party, without any dispute or delay.

 

• You shall not settle any such Claim without the written consent of the applicable Indemnified Party.

 

• For the avoidance of doubt, the User confirms and warrants that the aforementioned rights and remedies of the Indemnified Parties as mentioned in this para 13 are without prejudice to the Indemnified Parties’ any other rights and remedies which the Indemnified Parties may have, including against the User, in law or equity or otherwise.

 

• The User hereby agrees to expressly, absolutely and unconditionally (i) release and discharge the Indemnified Parties from any and all costs, damages, liabilities or other consequences as a result of any actions/inactions of the Company’s authorized representatives or other personnel and (ii) waive any claims or demands (whether known or unknown) against the Indemnified Parties that the User may have in this behalf, including under any statute, contract or otherwise.

 

14. Limitation of Liability

 

You expressly understand and agree that in no event the Indemnified Parties shall be liable to You or any third party for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, expenses, costs, losses,  claims or liabilities (whether such liability is under contract, tort or otherwise), which You may have incurred, suffered and/or sustained, arising from or related to this Privacy Policy and/or the arrangements contemplated herein, including but not limited to, damages for loss of profits, revenue, earnings, business opportunity, goodwill, use, data or other intangible losses.

 

15. Changes in this Privacy Policy

 

        The Company solely reserves the right to revise and/or modify and/or amend and/or substitute this Privacy Policy at any time, without any prior notification to You.  If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy on the home page, and other places, as we deem appropriate, along with a change notice where we feel that it is necessary and/or possible. All such revisions, modifications, amendments and substitutions shall be effective immediately upon posting of the same by the Company and You, the User, will be deemed to have absolutely, unconditionally and irrevocably accepted all such revisions, modifications, amendments and/or substitutions. By assenting to these terms of the Privacy Policy, You, the User agree to periodically review this Privacy Policy, acknowledge to have read and understood any such revised, modified, amended and substituted Privacy Policy  and confirm to be bound by any and all such revisions, modifications, amendments and substitutions thereto.

 

16. Governing Law and Jurisdiction

 

• This Privacy Policy shall in all respects be construed in accordance with and governed by the laws of India, including all matters of construction, validity and performance.

 

• Any and all disputes arising out of or in connection with this Privacy Policy will be subject to the jurisdiction of the Courts of Pune.

 

• User confirms and undertakes that this Clause 16 is solely for the benefit of the Company and notwithstanding para 16.2 above, it does not prevent the Company from taking any legal action or proceedings arising out of this Privacy Policy (“Proceedings”) against the User in any other Courts of competent jurisdiction or concurrently in more than one jurisdiction.

 

• User also irrevocably confirms and irrevocably undertakes to waive (i) any objection which it may at any time have to the laying of the venue of any Proceeding in any Court referred to in this Clause 16 and any claims that any such Proceedings have been brought in an inconvenient forum and (ii) any and all immunities (including from suit, attachment, execution or other legal process), if any, to the fullest extent permitted by applicable law. 

 

• The User expressly acknowledges and agrees that the Company shall not be responsible for complying with the laws of different jurisdictions (other than India) where You are based out of. You specifically waive any rights which are granted to You under any foreign laws and further acknowledge the adequacy and sufficiency of the laws of India to protect inter alia Your privacy rights. The Company makes no representation that the Website is appropriate or available for use outside the Republic of India.

 

17. Severability

 

If any particular provision of this Privacy Policy is held to be unenforceable or invalid under any applicable law, rules, regulations, ordinances, guidelines, orders or judgments such unenforceability or invalidity shall not affect any other provision of this Privacy Policy which shall remain in full force and effect. In addition, if any provision contained in this Privacy Policy shall for any reason be held to be excessively broad as to activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law, rules, regulations, ordinances, guidelines, orders or judgments.

 

18. Assignment

 

The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under this Privacy Policy without any notification or consent required from any User or third party. However, You shall not be permitted to assign, transfer, or subcontract any of Your rights and/or obligations under this Privacy Policy.

 

19. Contact Us

 

In case You require any clarifications or in case of any issues arising pursuant to the Privacy Policy (or any other related policies), You may contact us using the details provided in the “Contact Us” Tab provided on the Site.

 

20. Miscellaneous

 

• If You do not wish to receive unsolicited information from us, then you may opt out of receiving these unsolicited information by clicking the “UNSUBSCRIBE” link at the bottom of emails you receive or on the unsubscribe page on the Site.

 

• Please take full responsibility for Your own security and do not under any circumstances disclose Your bank details, credit card details, Your personal username or password or other such information to any other person unless You are confident that the information will not be misused and all such disclosures by You will be entirely at Your own risk and cost.

 

• Please also ensure that You do not leave Your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining Personal Information about You.

 

• Please refer to the Website Standard Terms and Conditions for information on grievance redressal mechanism.

 

21. Compliance with applicable laws

 

Notwithstanding anything stated hereinabove and for the avoidance of doubt, all obligations of the Company and the User (if any), as stated herein, are and will be subject to compliance with all applicable laws, rules, regulations, ordinances, guidelines, orders and judgments including those of India (including in particular the Information Technology Act, 2000, and the rules framed thereunder, and the Consumer Protection (E-Commerce) Rules, 2020) as may be amended, modified, consolidated, substituted and re-enacted from time to time.