DATA PRIVACY STATEMENT

In addition to the data privacy information of TÜV SÜD Digital Service GmbH TUV SUD South Asia (provider of the products and services available in the store) informs you about data processing in our online store.

TÜV SÜD South Asia Private Limited (“TÜV SÜD”) understands that You value Your privacy, either as a browser of our https://www.tuvsud.com (“Website”) or customer, visitor, guest, registered user or others who browse this Website (“You” or “User”). The Privacy Policy relates to learning more about our all products and services (“Products”) provided by TÜV SÜD to Users on the Website (“Data Privacy Statement”). This Data Privacy Statement is effective as of [●] and replaces any prior privacy statements.

TÜV SÜD takes the protection of Your personal data extremely seriously and adheres strictly to Information Technology Act, 2000, Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

The information below provides an overview of the processing of Your personal data relevant for the use of our products and/or services including e-learning/classroom training/virtual instructor led training (collectively referred to as “Academy E-Store”)provided on this Website including Your rights as a data subject.

By clicking “I Accept,” and/or by logging onto the  Academy E-Store, You agree to be bound by this Data Privacy Statement and all its terms and conditions. If You represent an entity, firm, or company, clicking “I Accept” signifies that You are binding Your entity, firm, or company to the Data Privacy Statement. If You do not agree to all the terms and conditions of the Data Privacy Statement, click “Cancel”. In which case, You will not have any right to use the Academy E-Store and shall not be further allowed to access the Academy E-Store. The Data Privacy Statement is construed as an offer by us (till You do not click on any option) to You to access/use the Academy E-Store which upon Your clicking ‘I Accept’ shall be deemed to be acceptance thereof, making this Data Privacy Statement a binding contract in law (“Contract”).

By accepting the Data Privacy Statement and accepting our terms and conditions, You expressly consent to our use and disclosure of Your personal and other information in the manner prescribed in this Data Privacy Statement. Please note that in the case of Your withdrawal of acceptance to use and disclosure provided by this Data Privacy Statement, we shall have the option not to provide the Academy E-Store.

The Privacy Policy describes the treatment and protection of the information it collects about the User: 

A. WHO IS RESPONSIBLE FOR DATA PROCESSING?

1.        The responsible legal entity shall be: TÜV SÜD South Asia Private Limited, Gulmohar Plaza, 4th floor, above ICICI Bank, Lane Adjacent to Corporate Office, Plot No.1A, Gulmohar Park, ITI Road, Aundh, Pune – 411007, E-Mail: [email protected], Tel.: +91 2066848484.

B. WHAT KIND OF PERSONAL DATA DO WE PROCESS?

1.       We process personal data which is submitted to us or collected by us including information related to Your past use of our Website, user submissions, and information related to Your past use of our products or services.

2.      The personal data we process concerns in particular (but not exclusively) the following categories of data: personal details and contact details (e. g. last name, first name(s), address, phone number, email address, age, occupation, business address, employer details) In the event You choose to provide personally identifiable information on Your profile to us (if any), we may allow You to edit limited portion of Your profile to ensure that the personally identifiable information is correct and up-to-date. The authenticity of the personal information is Your sole responsibility we shall not be held accountable for the same. When You give us information, you acknowledge that the information You provide can be used by us as described in this Data Privacy Statement. It is hereby agreed that by providing personal information to us when You create or update Your personal information, You are expressly agreeing to our processing of Your personal information in the manner set out by this Data Privacy Statement. Supplying to us any information deemed “sensitive” by applicable law is entirely voluntary on Your part.

C. FOR WHICH PURPOSES DO WE PROCESS YOUR PERSONAL DATA AND ON WHAT LEGAL BASIS?

1.      We process personal data which is submitted to us or collected by us within the scope of our business relationships, and which is necessary for us to meet our obligations resulting from our contractual relationship with the User.

We process personal data as follows:

(i) FOR THE PERFORMANCE OF A CONTRACT

Legal basis for the processing of personal data is the necessity of performing a Contract or pre-contractual measures in which You, or a company/entity for whom You work, are, or are to become, one of the contracting parties with TÜV SÜD including but not limited to the following purposes:

· Performance of contractually agreed measures and activities,

· To provide access to the services and/or products and ensure performance of services and provision of products in line with Your contracts/orders and requests,

· To provide improved administration of the products and/or services,

· To improve and customize the quality of experience when You interact with the products and/or services,

· Communication with You in the context of a contract/order and request, and

· To send offers and promotional materials related to the products and/or services and those of third parties for marketing and other purposes.

(ii) BASED ON YOUR CONSENT

As far as You have given us Your consent to the processing of personal data, the lawfulness of data processing is ensured on the basis of Your consent and applicable laws. Your data will be stored in our systems, and you can withdraw your consent with future effect at any time by unsubscribing to our mailing lists. Withdrawal of your consent will not affect the lawfulness of data processing up to the time of the withdrawal of consent.

D. WHO ARE THE RECIPIENTS OR CATEGORIES OF RECIPIENTS OF YOUR PERSONAL DATA?

1.       TÜV SÜD undertakes not to provide, distribute, trade, sell or rent information provided on this Academy E-Store or related to past use of the Academy E-Store to any third party, except as provided in this Data Privacy Statement.

2.       You hereby understand and acknowledge that Your personal data will be transferred or made available to the organizational units of TÜV SÜD with whom You or Your business has a contractual relationship that requires this data to fulfil our and their contractual or pre-contractual obligations. Furthermore, Your personal data will be transferred to organizational units of TÜV SÜD for purposes of our legitimate interests. You hereby agree that TÜV SÜD may use and disclose all personal information so submitted to its authorized employees and any such third parties engaged by TÜV SÜD in the same manner in which TÜV SÜD is entitled to use and disclose the personal information that You submit to TÜV SÜD.

E. WILL WE PROVIDE YOUR PERSONAL INFORMATION TO ANY THIRD PARTY?

1.       TÜV SÜD may provide Your personal data to third parties for the purpose of processing Your personal information or as a requirement under the Academy E-Store provided by TÜV SÜD. These third parties are bound to keep Your personal information confidential. TÜV SÜD does not share Your personal information with third parties unless doing so is necessary to carry out Your order/request or reasonably permissible under the laws to protect Your personal data. Notwithstanding the aforesaid, the Data Privacy Statement does not apply to third parties’ use of Your personal data. Accordingly, TÜV SÜD shall not be held responsible for third parties’ use of Your personal data.

2.        TÜV SÜD may release information when necessary to comply with the law or a court order or an investigation. TÜV SÜD may also release information to law enforcement to protect its rights, property, or other interests, including those of its customers or users or to prevent illegal activities or violations of TÜV SÜD terms and conditions.

3.      TÜV SÜD’s Academy E-Store may be combined with content from web publishers and advertisers. The Academy E-Store may contain links to other websites, including advertisers. In addition, user submissions may contain links to other websites. TÜV SÜD is not responsible for the privacy practices or the content of web publishers, advertisers, or other websites that may be linked to the Academy E-Store.

4.       Due to existing regulatory environment and prevailing laws, TÜV SÜD disclaims that Your personal information will never be disclosed in ways not otherwise described in this Data Privacy Statement. TÜV SÜD may disclose Your personal information in the circumstances set out below:

(i)  LEGAL REQUESTS:

TÜV SÜD may be required to disclose Your personal information without Your prior consent pursuant to an order or inquiry issued by a court of competent jurisdiction or by a judicial or administrative agency or legislative body or as may be required under any provision of law, rule, regulation or guidelines in force.

ER CORPORATE ENTITIES:

TÜV SÜD may share its data, including personal information gathered by it, with other subsidiaries or affiliates who have access to Your personal information. TÜV SÜD will ensure that Your personal information will have reasonable protection under their privacy policies.

(iii) EXTERNAL SERVICE PROVIDERS:

TÜV SÜD has arrangements with third party service providers. When You sign up for using products and/or services and website and create Your content thereon, TÜV SÜD is required to share such personal information with that service provider and/or the third-party contractor in order to provide the services. 

Notwithstanding the foregoing, You acknowledge that when You voluntarily disclose personally identifiable information (such as the name or any other personal detail) on the Academy E-Store, such information, along with any information disclosed by You, can be collected and used by third parties and may result in unsolicited messages from other users or third parties. Such activities are beyond TÜV SÜD’s control, and it shall not be liable and/or responsible for any consequences arising therefrom.

F. ARE PERSONAL DATA TRANSFERRED TO COUNTRIES OUTSIDE INDIA?  

1.       TÜV SÜD may store, process, and transmit information in locations around the world - including those outside Your country. By using the products and/or services, You consent to the transfer of Your personal information to any part of the world in which TÜV, its group/organizational entities or service providers maintain facilities and the use and disclosure of information about You thereto as described in this Data Privacy Statement.

2.        Personal data transfer to countries outside India will take place if:

(i)    Personal data transfer is necessary for performance of Your contracts, or

(ii)   Personal data transfer is required by law, or

(iii)  If You have given us Your consent, or

(iv)  For purposes of our legitimate interests.

 

3.       We will take steps to ensure that Your personal data continues to receive a standard of protection required by applicable law.

G. FOR HOW LONG WILL YOUR PERSONAL DATA BE STORED?

1.       We will process Your personal data for as long as it is necessary to fulfil our contractual obligations and as per accreditation requirements/policies or for as long as necessary to provide the individual products and/or services You have requested, until You withdraw any consent You may have given us to process Your personal data or as far as we are subject to the legal, tax, or accounting obligation to process Your personal data. Important in this context is that storage periods vary depending on the purpose of data processing. All data that is no longer needed for compliance with contractual or legal obligations will be deleted or anonymized at regular intervals. Notwithstanding the foregoing, TÜV SÜD will retain Your personal information for as long as Your account is active for using the Academy E-Store.

H. DO YOU HAVE TO PROVIDE PERSONAL DATA?

1.       Within the scope of our business relationship, You need to provide the personal data which is required to start and carry out a business relationship with us and to fulfil our contractual obligations. Without this data, we will not be able to conclude or execute our contract with You or Your company.

I. COOKIES AND OTHER TECHNOLOGIES

1.       In order to make our Academy E-Store user-friendly for You, we use non-personally identifiable information such as cookies in some areas. A cookie is a small data package (text file) that Your browser saves on Your device when instructed by a website You visit in order to store information such as Your language settings or login information. In particular, we use cookies for the following purposes. You can find more detailed information in our Cookie Notice at https://www.tuvsud.com/en/cookie-notice.

J. FUNDAMENTAL/NECESSARY COOKIES

1.     These cookies are fundamental to the functioning of our platform and include examples such as submitting anonymized session IDs (to bundle several requests for a web server) or to ensure the full functionality of notifications and orders. These cookies are necessary for the functionality of the Academy E-Store and cannot be deactivated in Your systems. As a rule, these cookies are only set in response to actions taken by You that correspond to a service request, such as setting Your data protection settings, logging in or filling out forms. You can set Your browser to block these cookies or to notify You about these cookies. However, some cannot be deactivated in Your systems.

K. FUNCTIONALITY COOKIES

1.       With the help of these cookies, the Academy E-Store can improve functionality and personalization. The purpose of these cookies is to provide You with a more personalized experience on our Academy E-Store based on Your previous visits. If You do not allow these cookies, some or all of these services may not function properly.

L. LOCAL STORAGE

1.       In order to make our Academy E-Store user-friendly for You and to adapt it optimally to Your needs, we make use of local storage required for the operation of our Academy E-Store. Local storage (e.g., HTML5 local Storage), also known as web storage, is a mechanism by which web applications and pages can store data locally in Your browser to eliminate the need to be sent to the server with each request (unlike cookies). Please note that local storage data may remain in Your browser indefinitely. It does not get cleared when You close Your browser; rather, You would need to specifically remove the same using the appropriate functionality within Your browser. The file does not contain any personal information, does not contain information which would allow us to identify any particular individual, and it is not suitable to identify You on the websites of third parties, including the websites of the analytics providers.

M. SUSPENSION OF SUBSCRIPTION (if applicable)

1.       Upon Your written request, TÜV SÜD will suspend Your membership and delete Your personal information from its active databases (such as mailing lists, newsletters, etc). Such information will be deleted as soon as reasonably possible in accordance with its policies and applicable law. TÜV SÜD will however retain Your information (though not visible to others) to be used in certain circumstances, such as to resolve disputes, troubleshoot problems, enforce its terms and conditions, and as required by applicable law. Further, such prior personal information is never completely removed and/or deleted from TÜV’s databases due to technical and legal constraints, including stored backup systems and archives. You agree that all information may not be completely removed and/or deleted from TÜV’s databases in response to Your requests in accordance with technical and legal constraints.

N. CHANGES TO THE DATA PRIVACY STATEMENT

1.       TÜV SÜD may update this Data Privacy Statement from time to time and will accordingly, revise the ‘last updated’ date on the Data Privacy Statement. Any such amendment to this Data Privacy Statement will be effective as of the date when TÜV SÜD posts the revised Data Privacy Statement. Changes to this Data Privacy Statement will be posted so that You will always know what information TÜV SÜD gather, how it might use that information and whether TÜV SÜD will disclose it to any third party.

2.       Your continuous use of this Academy E-Store constitutes Your agreement to this Data Privacy Statement and any updates. In case that You wish to withdraw Your acceptance to such use and disclosure of Your information You must contact TÜV SÜD at [email protected] informing TÜV SÜD of Your withdrawal of acceptance of terms and conditions upon which the Data Privacy Statement shall automatically cease to apply. Please note that in the case of Your withdrawal of acceptance to use and disclosure provided by the Data Privacy Statement, TÜV SÜD shall have the option not to provide the Academy E-Store.

O. NO INDEMNITY

1.       In no event, shall TÜV SÜD be liable for any special, direct, indirect or consequential damages, including, without limitation, lost profits, loss of business opportunity, loss of data in the event of misuse of the personal information provided.

P. WHAT STEPS SHALL BE TAKEN TO SECURE YOUR PERSONAL DATA?

1.       Your personal data is maintained by us in electronic form. We shall take all necessary precautions to protect Your personal data and implement reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of our business. Specifically, we will ensure that the security infrastructure put in place by us to safeguard Your personal information against loss, unauthorized access, destruction, use, processing, storage, modification or de-anonymization, will at all times be adherent to the generally accepted industry standards. By implementing these security practices and policies, TÜV SÜD is deemed to have complied with reasonable security practices and procedures. However, this is not a guarantee that such personal information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. To the extent permissible by law, TÜV SÜD disclaims any liability related to a security breach or loss of Your personal data. You acknowledge and agree that the internet is not completely secure. Therefore, TÜV SÜD cannot ensure the security of any personal information or data transmitted to TÜV SÜD over the internet, and TÜV SÜD does not accept any liability for any unintentional disclosure of personal information.

2.      We restrict access to personal information to TÜV’s employees, contractors, affiliates, and agents who need that information in order to process it. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. Notwithstanding the foregoing, no obligations of confidentiality shall exist in respect of personal information which:

(i)    Is in the public domain on the date of providing of the personal information, or at any time thereafter comes into the public domain, or

(ii)   Can be shown by TÜV SÜD to have been known to it prior to it being disclosed to TÜV SÜD by You, or

(iii)  Subsequently comes into the possession of any third party from any other party which had a lawful right to disclose such information without restriction, or

(iv)  In relation to which TÜV SÜD has Your written authority to disclose the same.

3.       Due to existing regulatory environment and prevailing laws, TÜV SÜD disclaims that Your personal information will never be disclosed in ways not otherwise described in this Data Privacy Statement. TÜV SÜD may disclose Your personal information in the circumstances set out below:

Q. WHO IS RESPONSIBLE FOR GRIEVANCE REDRESSAL?

TÜV SÜD South Asia Private Limited

Gulmohar Plaza, 4th Floor, above ICICI Bank

Lane adjacent to our corporate office

Plot No. 1A, Gulmohar Park,

ITI Road, Aundh

Pune – 411007

Tel (Board): +91 20 66848484

E-mail: [email protected]

Disclaimer: Presently, in India personal data is governed by the Information Technology Act, 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Accordingly, this Data Privacy Statement shall undergo changes subject to the changes to of the above specific statutes.