Your privacy is very important to us. Please read this privacy policy to learn more about the ways in which we collect, use, disclose or otherwise process your information that personally identifies you. JCB India Limited (“We”, “Us”, or “Our”) is committed to protecting the privacy of individuals who access or use our website at URL [www.jcb.com/en-in] (“JCB Website”) (such individuals are referred to as “Users”, “Your”, or “You”).
1. Scope of Application and General Terms
(a) This Privacy Policy applies to collection, retention, use and processing of all personal information (collectively, “Personal Information”) that becomes available to us when
(i) you access or visit the JCB Website;
(ii) you register an account on the JCB Website;
(iii) when you enrol or avail any of our services including in relation to any feature, content or services offered or promotional campaigns undertaken by us or newsletters relating to our latest product announcements, schemes or drives floated through the JCB Website, from time to time; (collectively, the “JCB Online Services”).
(b) This Privacy Policy forms an integral part of the Terms of Use (“Terms”) which govern your access to and use of the JCB Website and/or the JCB Online Services. For the purposes of this Privacy Policy, unless defined hereunder, all capitalized terms shall have the meaning ascribed to them in the Terms available at https://www.jcb.com/en-in/info/legal-notices.
(c) By accessing the JCB Website, using the JCB Online Services, registering for an account with us, participating in any of our schemes or drives through the JCB Website and/or otherwise giving us your information, you confirm that you have the capacity to enter into a legally binding contract as per applicable laws in your jurisdiction including the Indian Contract Act, 1872, and have read, understood, and agree with the privacy practices described in this Privacy Policy and the Terms. You further confirm that you accept the terms of this Privacy Policy, and consent to our collection, storage, use, disclosure, sharing and processing of your Personal Information as described in this Privacy Policy. If you do not agree to any or all of the terms in this Privacy Policy, do not share any data on the JCB Website or use any of the JCB Online Services. We shall protect your Personal Information as described in this Privacy Policy and as required by applicable law.
(d) We reserve the right to change, modify, add or delete portions of this Privacy Policy, at our sole discretion, at any time. While we will periodically inform you of this Privacy Policy or any material changes to it, you are responsible to check this page regularly to make note of any changes. Your continued use of the JCB Website and/or the JCB Online Services means that you accept and agree to the changes in the Privacy Policy.
(e) The JCB Website and the JCB Online Services are offered in compliance with the laws of India. If you are accessing or using JCB Website or the JCB Online Services from an overseas location, you do so at your own risk, and shall be solely liable for compliance with any applicable local laws.
2. What information we may collect and how
(a) Information collected through the JCB Website and Third-Party Service Providers:We collect your Personal Information if you access or use the JCB Website or the JCB Online Services. Further, if you express an interest in obtaining additional information about the products manufactured by us and sold through our authorised dealers (“Products”), register to use the JCB Website, register to participate in any of our promotional campaigns or subscribe to our latest product announcements, offers and newsletters or avail any other JCB Online Services, we may collect the following contact information from you: Your name, phone number, email address, location(including City, State, District and other geographic details), , salutation, and description of you and/or your organisation. It is clarified that the Contact Information along with any other information you submit to us or through your use of the JCB Online Services will be considered to be part of Personal Information. You are providing your Personal Information to us voluntarily and it is strictly up to you.
(b) Information from other sources: We receive and store certain types of information whenever you interact with us. We may also receive information about you that is publicly available or from such third parties who we partner with.
(c) Cookies and other tracking technologies: The JCB Website uses cookies, beacons and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about activity on the JCB Website. Some cookies and other technologies may serve to recall information previously indicated or submitted by a User. For example, cookies may be used to obtain certain types of information when you use a web browser to access the JCB Website and other content served by or on behalf of us on other websites such as operating system type and version, device brand, browser and its version details, etc. Cookies on the JCB Website may also collect your usage and locational data.
Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that the JCB Website is accessed. Our use of cookies, beacons and other tracking technologies allow us to improve the JCB Website and your experience.
At all times, you may refuse all cookies, except essential cookies which are necessarily required to offer the JCB Website and the JCB Online Services, on your browser by changing your settings to the extent permissible on your device. However, by doing so, you may not be able to use certain features on the JCB Website or take full advantage of all the offerings and interest-based advertising.
3. How we use the information we collect
(a) We use the Personal Information we collect to provide you access to the JCB Website and provide you the JCB Online Services and make them more effective. We may also use the Personal Information for the following purposes:
(i) to register you as a user on the JCB Website;
(ii) to provide you additional information about our Products and connect you with authorised dealers;
(iii) to perform and/or facilitate the performance of the JCB Online Services. For example, if you fill out a “Contact” form, we will use the information provided to contact you about your interest in the JCB Online Services or the products displayed therein or if you fill a form and share Personal Information for participation in any scheme or drive organised by us through the JCB Website, we will connect with you in relation to such scheme or drive;
(iv) to analyse the manner in which you use the JCB Website and to establish trends and patterns;
(v) to improve the content and product offerings, and customise the content on the JCB Website. These uses improve the JCB Website and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customised experience while using the same;
(vi) to customise your experience and provide you with targeted advertising. We may contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the JCB Website. Additionally, we partner with authorised third parties to display advertising on the JCB Website or to manage our advertising on other sites. Such authorised third-party partners may use cookies or similar technologies to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising, please exercise your option when viewing such advertising. Please note you will continue to receive generic ads on the JCB Website even after you opt-out of targeted advertising. Additionally, when you provide us with Personal Information about your contacts, we will only use this information for the specific reason for which it is provided, such as for advertisement of our Products, informing such contacts about our new Product launches and other events, and other promotional activities;
(vii) to improve our marketing and promotional efforts;
(viii) to measure consumer interest in the JCB Online Services;
(ix) to develop new JCB Online Services and inform you about online and offline offers, products, schemes or drives, services, and other relevant updates;
(x) to resolve disputes, provide better usability, troubleshoot problems and maintain the JCB Website;
(xi) to detect and protect us against error, fraud and other criminal activity;
(xii) to review the Personal Information for errors, omissions and for accuracy;
(xiii) to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms or as otherwise required by law;
(xiv) to contact you to understand your experience with the JCB Website and the JCB Online Services;
(xv) to respond to any queries that you may have, and to communicate relevant information to you;
(xvi) for research, growth and development of our and our group entities’ operations;
(xvii) to conduct internal impact assessment of the services and programs that we offer;
(xviii) to analyse data, track trends, build algorithms, create databases for rating systems, recommendations engines, etc.;
(xix) to conduct audits and quality assessment procedures;
(xx) to comply with applicable law; and
(xxi) for any other purposes that are permissible under applicable law;
(collectively, “Purposes”).
(b) We may combine the information that we receive from third parties with the information you give to us or the information we collect about you for the Purposes set out above.
(c) For the Purpose, we may connect with you on via different media platforms including but not limited to WhatsApp, social media, text SMS, etc., using the data / information you have filled in forms.
(d) Further, we may anonymize and/or de-identify information collected from you through the JCB Website, JCB Online Services or via other means, including via the use of third-party web analytics tools. Our use of aggregated and/or de-identified information is not restricted by this Privacy Policy, and it may be used without limitation including for conducting analytics and research.
4. How and with whom do we share the information we collect
The following are categories of persons with whom we may share your information from time-to-time.
(a) Contracted service providers: We share your Personal Information with contracted service providers to enable them to provide, on our behalf, the Product or other JCB Online Services that you have requested for. Such contracted service providers are contractually bound by us to use your Personal Information only as necessary to provide the requested JCB Online Services.
(b) Social Media Companies and other service providers: We may also share your information with third parties to ensure the quality of information provided, and with third–party social networking and media sites, such as Facebook for marketing and advertising, etc. While we have authorised such service providers to use your Personal Information only as necessary to provide the requested services to us, they may use the Personal Information in accordance with their own policies, terms and conditions and we are not in any manner responsible or liable to you in case of any breaches by such third-party service providers. However, it is clarified that we do not sell, rent, or trade any information with third parties for their promotional purposes.
(c) For improving the JCB Online Services: Further, in order to provide you the JCB Online Services and access to the JCB Website in an effective manner, we may be required to share your Personal Information with some third parties such as researchers and analytics service providers who help us to analyse your use of the JCB Website and tele-callers and marketers who help us connect with you to offer you our new programs and take feedback from you. We may also share information with third parties who provide services to us such as our information technology service providers, our data centre service providers, our researchers and analysts or any administrative service providers.
When we share information with third parties, we do so after ensuring that such third parties have implemented data protection measures at least as protective as those described in this Privacy Policy or as required under applicable law and after ensuring that such third parties shall not disclose your Personal Information further to any other individual or entity.
(d) Our legal obligations: We may disclose your Personal Information if such disclosure is required (i) under applicable law or in response to a valid order of a court or regulatory, statutory or governmental authority or other legal process; (ii) to enforce our rights when we find your action on the JCB Website violates any of our usage guidelines for the Products and JCB Online Services or the Terms; (iii) to protect the rights or property of affiliated companies; (iv) to prevent a crime or in interest of national security; or (v) to protect personal safety of the Users of our JCB Website and/or the JCB Online Services or the public. This may include exchanging information with other companies, organisations, government or regulatory authorities for fraud protection and credit risk reduction. However, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information of Users for commercial purposes in a way that is contrary to the commitments made in this Privacy Policy.
(e) Our Affiliates: We may share Personal Information about you with other affiliates, holding company, subsidiaries, joint venture of the our corporate group in order for us to work with them. For example, we may need to share your Personal Information with other companies within the JCB corporate family for customer support, marketing, technical operations and account management purposes. Our parent, affiliates, subsidiaries, and joint ventures follow privacy practices no less protective than our practices described in this document, in compliance with applicable law. Suh sharing of your Personal Information may result in the Personal Information being transferred outside India.
(f) Business Partners: From time to time, we may partner with other companies to jointly offer products, services, or programs (or downloadable content) such as our AppExchange partners. If you specifically express interest in, or register for a jointly–offered product, service, or promotional campaign or program from or through us, we may share Personal Information about you collected in connection with your expression of interest with our partner(s). We do not control our business partners’ use of your Personal Information that we collect, and their use of such information will be in accordance with their own privacy policies. If you do not wish for your Personal Information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or services or promotional campaign or newsletters on our latest product announcements, offers, etc.
(g) Business Buyer: To the extent permitted by law, we may also provide your Personal Information to a third party in connection with the sale, assignment, merger, consolidation or other transfer of the business of the JCB Website to which the information relates who will have the right to use your Personal Information in accordance with this Privacy Policy. We may disclose information to our partners, affiliated entities, group entities, investors, stakeholders or potential associates in an anonymized and aggregate manner, so that they too may understand how you use the JCB Website or engage with us on the JCB Website and enable us to create a better overall experience for you.
(h) International transfer of information collected: We primarily store your Personal Information in India as the sale of Products is exclusively for customers in India and the JCB Online Services are provided in relation to such Products in India. However, to facilitate our global operations, we may transfer to and access such information from around the world, including to/from other countries in which we or our parent, affiliates, subsidiaries and joint ventures have operations. This Privacy Policy shall apply even if we transfer your Personal Information to other countries and you hereby consent to such transfer including transfer to our affiliates outside of India or to any third parties for any of the Purposes. Our parent, affiliates, subsidiaries, and joint ventures follow privacy practices no less protective than Our practices described in this document, in compliance with applicable law.
5. Verification and monitoring of information
To the extent permitted by law, we will verify the details you have provided to us. Such verification could be done through third party service providers, who shall be contractually bound by obligations of confidentiality and data protection. We further reserve the right to monitor, intercept, access and erase all information, material, data and communication in relation to the JCB Website and/or the JCB Online Services.
6. Retaining, correcting and updating your information
(a) We may retain your Personal Information for a period of time consistent with the original purpose of collection. For instance, we may retain your information till the time you are a registered user on the JCB Website and for a reasonable period of time thereafter. or till the time of completion of the promotional campaign for which you have subscribed for participation. We may also retain your information during the period of time needed for us to conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements with you.
(b) You may request to review, correct, delete or otherwise modify any of the Personal Information that you have previously provided to us through the JCB Website (directly or indirectly through third party service providers). If you have registered for an account with us, you may generally update your user settings, profile, organization’s settings or registration by logging into the JCB Website with your username and password and editing your settings or profile. Should you choose to update your Personal Information or modify it in a way that is not verifiable by us, or leads to such information being incorrect, we will be unable to provide you with access to the JCB Website or the JCB Online Services. We reserve the right to verify and authenticate your identity and your Personal Information in order to ensure that we are able to offer you the JCB Online Services.
(c) We can only keep your Personal Information up-to-date and accurate to the extent you provide us with the necessary information. It is your responsibility to notify us of any changes in your Personal Information.
(d) 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. Further, where you add or update your Personal Information, we would retain your previous Personal Information in our records.
(e) You should be aware that some of the Personal Information that may have been shared on third-party websites may still continue to be available as we do not have control over these websites. Your Personal Information may also appear in online searches. Other Personal Information that you have shared with others, or that other Users have copied, may also remain visible. You should only share Personal Information with people that you trust because they will be able to save it or re-share it with others.
(f) To discontinue your account and/or request return or deletion of your Personal Information associated with your account, please contact your account representative or the customer service team for the applicable service. Requests to access, change, or delete your information will be addressed within a reasonable timeframe. We may, however, reserve the right to retain and store your Personal Information for our internal purposes, whether such Personal Information has been deleted or not, to the extent permitted by law.
(g) Please note that your withdrawal of consent may result in us not being able to provide you with the some or all of the JCB Online Services or terminate any existing relationship that we may have with you.
7. Security
(a) We use (by itself and through third party service providers) security measures to protect your Personal Information. All Personal Information is stored in a secure server and is protected against unauthorised access. To prevent unauthorised access, maintain data accuracy, and ensure correct use of Personal Information, we employ and ensure that our third party service providers also employ reasonable security practices and procedures in compliance with the Information Technology Act, 2000 and rules made thereunder and other applicable laws.
(b) Please be aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted through the JCB Website. Once we have received your Personal Information, we will use appropriate physical, electronic, and procedural safeguards to try to prevent unauthorised access. We request that you cooperate with us in protecting your Personal Information and comply with the following personal security measures:
(i) do not give third parties access to your computer or other devices when you access the JCB Website;
(ii) keep your login credentials, including access code and passwords for your computer or other devices, as well as your login credentials for the JCB Website, confidential;
(iii) update your antivirus software when requested by your antivirus software provider; and
(iv) do not send, communicate, upload, publish, or display any confidential information by using the JCB Website and/or the JCB Online Services.
(c) You agree that the security measures adopted by us are reasonable to protect your Personal Information. To the maximum extent permitted by applicable law, we disclaim any liability as a result of any breach of security or unintended loss or disclosure of your Personal Information.
8. Your consent to our collection, processing, disclosure and transfer of your Personal Information
(a) Personal Information means any information relating 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.
(b) By accessing the JCB Website, availing the JCB Online Services or providing us your Personal Information, you provide your express consent to us to collect, store, process, transfer and disclose to third parties your Personal Information, including any Personal Information already in our possession, in accordance with the terms of this Privacy Policy.
(c) To the extent any Personal Information provided by you does not belong to you, you warrant that you have the right to provide such Personal Information.
(d) Access or use of the JCB Website and/or the JCB Online Services do not require you to provide any sensitive personal data or information including Personal Information relating to passwords, financial information such as details of bank account, credit card, debit card or other payment instruments, healthcare information, sexual orientation, or biometric information. Please do not submit any such information on the JCB Website or share it with third parties using the JCB Website. We may only receive sensitive personal data or information pursuant to any information that you choose to submit or upload while using the JCB Online Services or where third parties to whom you have provided such information do so. You hereby consent to our incidental collection of such information and its processing in accordance with this Privacy Policy.
(e) You may choose to not provide us with any or all information, but in the event that you do so, we may be unable to provide you with the JCB Online Services or modify the nature of our relationship with you.
9. Your choices, discretion and opt out
(a) You agree and acknowledge that You are providing Your information out of Your free will.
(b) You have the following options:
(i) to not provide or permit us (directly or through its third party service providers) to collect your Personal Information; or
(ii) After having provided your consent, at a later point in time withdraw your consent with respect to such Personal Information so provided herein, by sending an email to the grievance officer or such other electronic address as may be notified to you.
(c) However, these rights may be limited, for example, if fulfilling your request would reveal Personal Information of another person, or if you ask us to delete information which we are required by law to keep, we may not be able to delete the Personal Information. If you have unresolved concerns, please write to the grievance officer. As such, in such case, you should neither visit the JCB Website nor use or avail any of the JCB Online Services.
(d) Further, we reserve the right to deny you access from using certain services offered on the JCB Website.
10. Information provided on Third-Party Links
(a) The JCB Website may include hyperlinks to various external websites, and may also include advertisements, and hyperlinks to applications, content or resources (“Third-Party Links”). We have no control over such Third-Party Links, 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 cannot be construed as a recommendation, endorsement or solicitation of any material or content on such Third-Party Links, or any other material on or available via such Third-Party Links.
(b) 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, 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.
(c) Such third-party websites, 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 offline 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.
11. Jurisdiction
This Privacy Policy shall be governed by and construed in accordance with the laws of India without giving effect to its principles of conflict of laws. All disputes arising out of or in connection with this Privacy Policy or pursuant to processing of your Personal Information shall be subject to the exclusive jurisdiction of competent courts at Delhi, India.
12. Miscellaneous
(a) Disclaimer: We cannot ensure that all of your 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. As a user of the JCB Website or JCB Online Services, you understand and agree that you assume all responsibility and risk for your use of the JCB Website, the internet generally, and the information you post or access and for your conduct on and off the JCB Website.
(b) Indemnity: 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 JCB Website or otherwise and your use and access of websites, applications and resources of third parties.
(c) Severability: Each clause of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other clauses herein, except where otherwise expressly indicated or indicated by the context of the Privacy Policy. The decision or declaration that one or more clauses are null and void shall have no effect on remaining clauses of this Privacy Policy.
(d) Limitation of Liability: We shall not be liable for any consequential, incidental, special, indirect, exemplary or punitive damages, or damages for any loss of profits, revenue or business, regardless of the nature of the claim, even if we have been notified of the possibility of such damages.
13. Grievance Officer
(a) In accordance with Information Technology Act 2000, the rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Name: Jasmeet Singh
Contact Details: 9810399133, jasmeet.singh@jcb.com
Availability: Between Monday and Saturday, 9:00 am IST – 6:00 pm IST
(b) If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure, transfer and processing of your information collected under the PrivacyPolicy, please contact the grievance officer.