PRIVACY NOTICE FOR WEBSITE USERS

As envisaged by the law in force (art. 13 of the General Data Protection Regulation, hereafter also GDPR), users who access the website are provided with information relating to the processing of their data.

WHO IS THE CONTROLLER AND HOW TO CONTACT THEM

The Processing Controller is Balkrishna Industries Limited, BKT HOUSE, C/15, Trade World, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai – 400013, India. The Company can be contacted by email at asia@bkt-tires.com.

WHAT DATA IS PROCESSED

The data processed is navigation data and the data provided spontaneously by the user.

Navigation data

The IT systems and software procedures responsible for the functioning of this website acquire, during their normal operation, some personal data, the transmission of which is implicit in using the Internet communication protocols.

It is not information collected to be associated with specific data subjects, but by its very nature it could enable identification of users, by its processing and association with data held by third parties.

This category of data includes IP addresses or domain names of the computers used by users connecting to the website, the URI (Uniform Resource Identifier) addresses of the resources requested, the time of the request, the method used to send the request to the server, the size of the file obtained in reply, the numerical code indicating the status of the reply given by the server (successful, error, etc.) and other parameters relating to the user's operating system and IT environment.

Cookies and other tracking systems

With regard to cookies, please refer to the information contained in the cookie notice that can be accessed via a link in the footer of the website.

Data provided directly by the user

This category includes all the personal data provided voluntarily by the user (so, for example, when information is requested by writing to email addresses given on the website).

WHAT ARE THE PURPOSES AND LEGAL BASES OF THE PROCESSING?

Navigation data

The navigation data is used to collect statistical information on the use of the website, for security purposes and to check the correct functioning of the website and could be used to ascertain liability in the case of any IT crimes to the harm of the website.

The legal basis of the processing of such data is the legitimate interest and, in the case of requests from the Authorities, the legal obligation.

Cookies and other tracking systems

With regard to cookies, please refer to the information contained in the cookie notice that can be accessed via a link in the footer of the website.

Data provided directly by the user

The personal data provided voluntarily by the user by contacting the Controller is used only to follow up any requests made.

The legal basis of the processing of such data is therefore the execution of pre-contractual measures and the obligations arising from the contract.

Should it be necessary, the data can also be used given the Controller's legitimate interest in undertaking defensive initiatives or enforcing or defending a right in the courts.

HOW IS THE DATA MANAGED?

The data collected is processed with IT tools. Adequate security measures are adopted to prevent the loss of data, illegal or incorrect use and unauthorized access.

Transferring data abroad

The data will be transferred outside the European Union and the European Economic Space by the supplier of the hosting service and by those used by the Controller to store the data and for email. The data will be transferred to non-EU countries, in the absence of adequacy decisions by the European Commission, but the transfer will be assisted by adequate safeguards; In particular, standard contractual clauses will be used with additional contractual measures.

Conservation times

The navigation data does not remain longer than 7 days and is then cancelled, except for any needs to investigate crimes on the part of the judicial authority. 

Data conferred directly by the user is retained for the time strictly necessary to follow up the requests and is then cancelled, without prejudice to any defensive needs (which could make longer retention necessary).

WHAT HAPPENS IF THE DATA IS NOT PROVIDED?

Except for navigation data which is necessary to implement IT and online protocols, the conferment of data by users through the various means made available is free and optional.

However, failure to confer the data will make it impossible to proceed with the requests forwarded or which the user intends to forward.

WHO CAN SEE THE DATA?

The data will be processed by employees of the Controller who are authorized to process it.

The data will also be processed by the company of the BKT Europe Srl Group for the activities undertaken relating to the management of the website, as the processing supervisor, on behalf of the Controller.

The data can be seen by the competent Authorities in case of specific requests which the Controller is required by law to comply with, by consultants or by companies which provide IT supply and assistance services for the activities undertaken on behalf of the Controller and by consultants to manage disputes and for legal assistance in the case of any disputes which make their involvement necessary.

It is noted that some of the indicated subjects act as data processors and that communication to those who operate as autonomous controllers is carried out since prescribed by legal obligations or is necessary to fulfil the obligations arising from the contractual relationship or the legitimate interest of the Controller in maintaining the security of the IT systems with maintenance work by competent personnel and in adopting defensive initiatives through legal consultants.

The data subject may ask the Controller for the list of external subjects who carry out their work as data processors.

Communication is in any case limited to the sole categories of data the transmission of which is necessary to undertake the activities and purposes being pursued.

WHAT ARE THE DATA SUBJECT'S RIGHTS?

The law recognizes for the data subject the right to ask the Processing controller for access to the personal data and its rectification or cancellation or limitation of the processing regarding them or to object to its processing, as well as the right to data portability.

The data subject may assert their rights at any time, without formalities, by contacting the Controller through the email privacy@bkt-tires.com

Here below is a breakdown of the rights recognized by the law in force on the protection of personal data.

• The right of access, i.e. the right to obtain from the Data Controller confirmation that processing of personal data regarding the data subject is or is not happening and, if so, to obtain access to the personal data and to the following information: a) the purposes of the processing; b) the categories of personal data in question; c) the recipients or the categories of recipients to whom the personal data has been or will be communicated, in particular if recipients in other countries or international organizations; d) when possible, the retention period of the personal data envisaged or, if not possible, the criteria used to determine this period; e) the existence of the data subject's right to ask the Processing controller to rectify or cancel personal data or to limit the processing of the personal data regarding them or to oppose its processing; f) the right to lodge a complaint to a supervisory authority; g) should the data not be collected from the data subject, all the information available on its origin; h) the existence of an automatic decision-making process, including profiling and, at least in these cases, significant information on the approach used, as well as the importance and consequences envisaged of this processing for the data subject. Should the personal data be transferred to another country or international organization, the data subject then has the right to be informed of the existence of adequate guarantees relating to its transfer.
• The right to rectification, i.e. the right to obtain from the Data Controller the rectification of imprecise personal data regarding them without unjustified delay. Taking account of the purposes of processing, the data subject has the right to integrate incomplete personal data, also by providing an additional statement.
• The right to cancellation, i.e. the right to obtain from the Data Controller the cancellation of personal data regarding them without unjustified delay if: a) the personal data is no longer necessary in regard to the purposes for which it was collected or otherwise processed; b) the data subject withdraws their agreement on which the processing is based and if there is no other legal basis for the processing; c) the data subject opposes the processing undertaken because necessary to carry out a public service or connected to the exercise of public powers with which the Controller is invested or to pursue a legitimate interest and there is no prevailing legitimate reason to proceed with the processing, or opposes the processing for direct marketing purposes; d) the personal data was illegally processed; e) the personal data must be cancelled to fulfil a legal obligation envisaged by the law of the European Union or of the Member state to which the Processing controller is subject; f) the personal data was collected in relation to the company's offer of services for information to minors. The request for cancellation cannot, however, be accepted if the processing is necessary: a) to exercise the right to freedom of expression and information; b) to fulfil a legal obligation which requires processing as envisaged by the law of the European Union or of the Member state to which the Data Controller is subject or to execute a task undertaken in the public interest or in the exercise of public powers with which the Data Controller is invested; c) for reasons of public interest in the public health sector; d) for the purposes of archiving in the public interest, scientific or historic research or statistical purposes, to the extent to which cancellation risks making impossible or seriously compromising achieving the goals of such processing; or e) for verifying, exercising or defending a right in the courts.
• The right to limitation, i.e. the right to obtain that the data is processed, other than for its retention, only with the agreement of the data subject or for verifying, exercising or defending a right in the courts or to defend the rights of another person or corporation or for reasons of significant public interest of the European Union or of a Member state if: a) the data subject challenges the preciseness of the personal data, for the period necessary for the Data Controller to verify the exactness of this personal data; b) the processing is illegal and the data subject opposes the cancellation of the personal data and instead asks that its use is limited; c) although the Data Controller no longer needs it for processing purposes, the personal data is necessary for verifying, exercising or defending a right in the courts; d) the data subject has opposed the processing undertaken because necessary to carry out a public service or connected to the exercise of public powers with which the Controller is invested or to pursue a legitimate interest of the Data Controller or of third parties, pending verification of the possible prevalence of the legitimate reasons of the Data Controller over those of the data subject. 

• The right to portability, i.e. the right to receive the personal data regarding them provided to the Controller in a structured form, for shared use which can be read by an automatic device and has the right to transmit this data to another controller without impediment by the Controller to whom they have provided the data, as well as the right to obtain direct transmission of the personal data from one controller to another, if technically feasible, should the processing be based on agreement or on a contract and the processing is carried out with automated means. This right leaves the right to cancellation unaffected.
• the right to opposition, i.e. the data subject's right to oppose at any time, for reasons connected to their particular situation, the processing of the personal data regarding them undertaken because necessary to carry out a public service or connected to the exercise of public powers with which the Controller is invested or to pursue a legitimate interest of the Data Controller or of third parties. Should the personal data be processed for direct marketing purposes, the data subject has the right to oppose at any time the processing of the personal data regarding them undertaken for these purposes, including profiling to the extent this is connected to such direct marketing.

The data subject is then informed that, should they consider that the processing of their personal data takes place in violation of the provisions of the GDPR, they have the right to make a complaint to the Authority, as envisaged by art. 77 of the Regulation itself or to seek legal redress (art. 79 of the Regulation).