1. PURPOSE AND SCOPE
We, Berger Paints India Limited (“Company” or “we” or “our” or “us”), are committed to protect the privacy of the information provider ("you" / "your" / "yourself"). We consider privacy and protection of your data/ information to be of high importance. Our practices and procedures in relation to the collection and use of your data/ information have been set-out below in this privacy policy (“Privacy Policy”). This Privacy Policy will familiarize you with the manner in which the Company may collect, use, share, transfer and disclose your data/ information. This Privacy Policy forms an integral part of our terms of use to use our Website (“Terms of Use”) as well as any of our web based applications.
The Company reserves the right, at its discretion, to change, modify, amend, add or remove portions of this Privacy Policy at any time without notice. We recommend that you review this Privacy Policy periodically to ensure that you are aware of the current privacy practices of the Company. By visiting our website (www.bergerpaints.com) (“Website”), or using any of our web based applications, you agree to be bound by the terms and conditions of this Privacy Policy (which includes the Terms of Use).
This Privacy Policy shall be construed to be provided in compliance with the Information Technology Act 2000 (“IT Act”), as amended from time to time, and shall be read with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (“SPDI Rules”), as applicable.
Definitions
In this Privacy Policy, unless the context otherwise requires:
a. “Personal Information” means any information that relates to a natural person which, either directly or indirectly, in combination with other information available or likely to be available with the Company, is capable of identifying such person.
b. “Sensitive Personal Data or Information” of a person means any and/or all such Personal Information which consists of information relating to:
- password;
- financial information such as bank account or credit card or debit card or other payment instrument details;
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- biometric information;
- any detail relating and incidental to the above Clauses as provided to the Company for providing service; and
- any of the information received under any of the above Clauses by the Company for processing, stored or processed under lawful contract or otherwise.
Provided that any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force will not be regarded as Sensitive Personal Data or Information.
c. The words and expressions used in this Privacy Policy but not defined herein but defined in the IT Act or SPDI Rules will have the meanings assigned to them thereunder.
2. COLLECTION OF INFORMATION
a. We may collect any and/or all of the following Personal Information and/or Sensitive Personal Data or Information (as defined hereinbefore) from our employees, job aspirants, dealers, customers, contractors and suppliers including prospective customers and business partners:
- i. Bank account details;
- ii. Physical, physiological, mental health conditions;
- iii. Medical records and history; and
- iv. Biometric information
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b. You represent that all the information or data you provide to us from time to time is and shall be correct, current and updated and that you have all the rights, permissions and consents to provide such information or data. Your providing the data/ information and the Company’s consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third -party agreement, laws, judgments, orders or decrees.
c. In general, the visitors to the Website can access the Website’s home page and browse some areas of the Website, without disclosing any Personal Information or Sensitive Personal Data or Information.
d. However, the Company tracks information provided by visitor’s browser, including the website the visitor came from (known as the referring URL), the type of browser used and other information that does not personally identify any visitor of the Website or any of our web based applications. This may include installation of cookies and collection of other session data.
e. In addition, we may also collect demographic and other data for market research, advertising and promotional purposes.
3. USE AND PROCESSING OF DATA/ INFORMATION
a. The information collected by the Company from the employees may be used for a number of purposes connected with our business operations which may include the following:
- i. maintaining attendance records;
- ii. maintaining employee health record;
- iii. providing salary to employees;
- iv. other purposes related to the employment of the employee;
- v. legitimate business purposes;
- vi. to investigate against any complaints; and
- vii. responding to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.
b. The information that may be collected by the Company from the visitors including but not limited to job aspirants, investors, dealers, customers, contractors and suppliers including prospective customers and business partners may be used for a number of purposes connected with our business operations or otherwise, which may include any and/or all of the following:
- i. dealing with requests, enquiries and complaints, customer services and related activities;
- ii. responding to your queries and fulfilling your requests for information regarding our Company and its products and services, ;
- iii. responding to your queries and fulfilling your requests for information regarding employment;
- iv. notifying you about our new products or services and sending you important information regarding our products or service;
- v. legitimate business purposes; and
- vi. responding to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.
c. Your data/ information will be kept confidential to the maximum possible extent and in accordance with the provisions set out herein.
4. DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION (INCLUDING SENSITIVE PERSONAL DATA OR INFORMATION)
a. We do not sell or rent any Personal Information (including Sensitive Personal Data or Information).
b. We may disclose/ transfer your Personal Information (including Sensitive Personal Data or Information) to our partners, associates, service providers and third parties as necessary or appropriate:
- i. to carry out services on the Company’s behalf under contract;
- ii. in any manner permitted under applicable law, including laws outside your country of residence;
- iii. to investigate against any complaints;
- iv. to comply with any legal process whether local or foreign;
- v. to respond to requests from public and government authorities, including public and government authorities outside your country of residence;
- vi. to enforce our Terms of Use and policies;
- vii. when the Company, in its sole discretion, deems it necessary in order to protect its rights or the rights of others;
- viii. to protect our rights or property, privacy, safety or property, and/or that of our affiliates, you or others; and
- ix. to allow us to pursue available remedies or limit the damages that we may sustain.
c. The Company may also disclose or transfer the Sensitive Personal Data or Information, to another third party as a part of reorganization or a sale of the assets or business of the Company. Any third party to which the Company transfers or sells its assets will have the right to continue to use such Sensitive Personal Data or Information.
5. INFORMATION PROVIDER’S RIGHTS IN RELATION TO THEIR SENSITIVE PERSONAL DATA OR INFORMATION COLLECTED BY THE COMPANY
a. All Sensitive Personal Data or Information provided to the Company by you has been voluntarily provided to us. You have the right to withdraw your consent at any time in writing by sending an e-mail to us at consumerfeedback@bergerindia.com, in accordance with the terms of this Privacy Policy. However, please note that withdrawal of consent will not be retrospective in nature and shall be applicable prospectively. In case you do not provide your information or consent for usage of Sensitive Personal Data or Information or subsequently withdraw your consent for usage of the Sensitive Personal Data or Information so collected, the Company reserves the right to discontinue the services for which the said information was sought.
b. You may write to us at consumerfeedback@bergerindia.com to access, review, modify or correct your Sensitive Personal Data or Information or withdraw your consent to provide Sensitive Personal Data or Information. However, we are not responsible for the authenticity of the Sensitive Personal Data or Information provided by you.
c. You agree and acknowledge that certain data or information cannot be corrected or deleted or is prohibited to be deleted as required under any applicable law, law enforcement requests or under any judicial proceedings. In respect to such data or information, the aforementioned rights will not be available.
6. SECURITY PRACTICES AND PROCEDURES
a. We use reasonable security measures to safeguard and protect your Sensitive Personal Data or Information. You accept the inherent security implications of providing privacy to your information shared with us and you will not hold us responsible for any breach of security or the disclosure of Personal Information unless we have been grossly and willfully negligent.
b. We may enter into agreement with third parties (in or outside of India) to store your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require such third parties to adopt reasonable security standards to safeguard your information / data.
c. Notwithstanding anything contained in this Privacy Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your data/ information, if such loss, damage or misuse is attributable to a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking,
unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
7. GRIEVANCE REDRESSAL
Any discrepancies and grievances with respect to processing of Sensitive Personal Data or Information shall be informed to the Company Secretary.
8. CHANGES TO THIS PRIVACY POLICY
The Company reserves the right to revise and update this Privacy Policy at its sole discretion. Any such revisions will be effective on and from the date of posting the same on the Website and will apply to all information collected both prior to and following the effective date.
By entering this website, the visitor consents to the terms of this Privacy Policy. By submitting his/her data/information to the Company, the visitor will be treated as having given his/her permission for processing the same in a manner provided in this Privacy Policy.
