Last updated: May 2017
These KTM Service Terms together with the Privacy Policy and all other additional terms and information that may be provided within the Service (collectively "Terms") govern your use of the service, site, content and software (collectively the "Service"). By registering for or using the Service or any portion of it you accept the Terms.
The Terms constitute an agreement between you and KTM Sportmotorcycle GmbH, Stallhofnerstrasse 3, 5230 Mattighofen, Austria, including its affiliates and suppliers (collectively "KTM"), defining your and KTM's rights and responsibilities with respect to the Service.
To use a Service you may need to register and create a KTM account with username and a password. You may need to provide us with certain personal and other information. KTM may verify your email address before account can be used.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify KTM about any misuse. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. KTM may terminate your registration or restrict your access to certain parts of the Service if KTM reasonably believes that you have breached the Terms or with prior notice if you have not signed into the Service with your username in the past six (6) months.
Except as set forth in the Privacy Policy, KTM is not responsible for any removal or loss of the information or content you have submitted to the Service. When information or content is removed from the Service by either you or KTM, traces or copies may still remain elsewhere.
KTM grants you a non-exclusive, non-transferable license, revocable at any time at KTM's sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
As part of the Service, KTM may provide you with content developed by KTM or its licensors ("Content"). KTM grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. Some Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted KTM.
As part of the Service, KTM may provide you with certain software developed by KTM or, its licensors ("Software"). Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: KTM grants to you a limited, non-exclusive, non-transferable right to install and use the Software on your computer and/or mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software.
You may be able to submit information or content ("Material") to the Service. KTM does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to KTM. KTM is only transmitting the Material and is not responsible for editorial control over it. By submitting Material to the Service you grant KTM a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent necessary for KTM to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.
You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or canceled, KTM may permanently delete your data. KTM has no obligation to return data to you after the Service is discontinued or canceled.
You agree to:
KTM may but has no obligation to:
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially "offensive" or "explicit". KTM shall not be responsible for any claims or offense caused or suffered by you accessing such Content.
You agree:
KTM may post notices within the Service. KTM may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from KTM sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
Your use of the Service may be or may become subject to charges.
Any fees charged by KTM will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider's network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider. KTM assumes no responsibility for the payment of any charges of your service providers.
"Order" shall mean the selection of payable Content and/or subscription to Content offered by KTM and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may place Orders only with the prior consent of your parent or legal guardian.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by KTM.
You may pay by credit or debit card, network service provider billing, or other payment methods if available.
Your credit or debit card must have a billing address in the country where the Content is offered by the Service. KTM will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
The Service may offer subscriptions. You authorize the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as try-and-buy), you may be charged when the trial period expires, unless you cancel in accordance with the subscription/trial terms.
The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. KTM assumes no responsibility for the payment of bank or any other third party service fees or charges.
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You will not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be returned.
In the event that after your Order you discover and promptly inform KTM within 48 hours that (a) the Content you have ordered is faulty; (b) the Content KTM delivers to you does not match the description of the Content you ordered via the Service; or (c) technical problems delayed or prevented delivery of your Content or accidental multiple orders caused by such technical problems, your sole and exclusive remedy with respect to such Content will be either replacement of such Content, or refund of the price paid for such Content, as determined solely by KTM. Otherwise, no refunds are available. If you encounter any of the above issues, please contact KTM Customer Service.
Please note that KTM may not be able to process your customer service request if you are unable to provide your transaction ID, which is provided to you by KTM following your Order from the Service. KTM may only process refunds for Content where the total price is above the monetary limit stipulated in applicable local legislation.
By submitting any ideas, feedback and/or proposals ("Feedback") to KTM through the Service or other means, you acknowledge and agree that: (1) KTM may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) KTM is not under any obligation of confidentiality with respect to the Feedback; (4) KTM may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from KTM.
You may use features in the Service to share your location, status, content, Materials or personal information or to interact with other users, sites and services. By using these features you agree that KTM may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material or to link to any service or site that: (a) contains content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorization or encourages users to piracy. Any interaction does not involve KTM and is solely between you and the other user(s).
The availability of Content and the Service may vary and is subject to KTM's sole discretion. KTM expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software developed by KTM or by another party.
KTM may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest KTM device software and applications, your device may automatically check for the availability of software updates from KTM. If any are detected you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If KTM considers a Software update to be important or critical you may not continue using the previous version of the Software. KTM may prevent your use of the previous version of the Software or Service until you install the update.
KTM may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties.
A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. KTM may significantly change any version of Service or Software or decide not to release a final version.
KTM may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.
KTM has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that KTM endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. KTM is not responsible for this type of content or links.
The Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
The Privacy Policy and any additional privacy information made available to you govern the use of your personal data.
The Service is provided on "AS IS" and "AS AVAILABLE" basis. KTM does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, KTM is not liable for any direct damages caused by your use or inability to use the Service. In no case will KTM be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
You agree to defend and indemnify KTM from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
The Terms are governed by the laws of Austria without regard to its conflicts of law provisions.
The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these KTM Service Terms and the Privacy Policy, the provisions of these KTM Service Terms prevail. The provisions of the Terms that are intended to survive termination of your registration remain valid after termination.
KTM may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, KTM will provide a separate notice advising of the change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.
The Service, Content and Software are protected under international copyright laws. KTM claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, KTM retains all right, title and interest in the Service, its Content, the Software and in all other KTM products, software and other properties provided to you or used by you through the Service.
KTM may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with KTM. Additionally, KTM may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
NOTE: THE TERMS SET FORTH BELOW APPLY ONLY TO COPIES OF KTM MAP DATA DISTRIBUTED FOR USE IN VEHICLE NAVIGATION SYSTEMS. THIS EULA SHALL NOT BE CONSTRUED TO APPLY TO YOUR USE OF KTM.COM OR ANY KTM MOBILE APPLICATIONS.
THIS IS A LICENSE AGREEMENT - AND NOT AN AGREEMENT FOR SALE - FOR YOUR COPY OF KTM MY RIDE AND/OR RELATED CONTENT, INCLUDING ANY ASSOCIATED MEDIA AND EXPLANATORY DOCUMENTATION PROVIDED TO YOU IN CONNECTION WITH THE DATA (COLLECTIVELY, THE "DATA"). BY INSTALLING, COPYING OR OTHERWISE USING THE DATA, YOU ACCEPT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST PROMPTLY RETURN THE DATA, ALONG WITH ALL OTHER ACCOMPANYING ITEMS, TO KTM OR YOUR SUPPLIER TO BE ELIGIBLE FOR A REFUND, WHICH SHALL BE SUBJECT TO THE REQUIREMENTS FOR ELIGIBLE RETURNS OF KTM OR YOUR SUPPLIER. TO CONTACT KTM, PLEASE VISIT WWW.KTM.COM.
If your license to the Data was purchased directly from KTM, then the terms of this Agreement shall be between you and KTM, which shall mean KTM Sportmotorcycle GmbH, Austria. Please refer to your purchase confirmation for further details about the KTM entities.
If your license to the Data was obtained from any other supplier, then the terms provided to you in connection with such purchase shall apply, provided that such terms are no less restrictive and protective of the Data than the terms set forth herein. If you did not receive notice of any terms applicable to the Data when obtained from another supplier, then the terms set forth in this Agreement shall be deemed to apply between you and your supplier.
The Data and all copyrights and intellectual property or neighboring rights therein are owned by KTM and/or its partners/suppliers. Ownership of any media on which the Data is contained is retained by KTM or your supplier until you have paid in full any amounts due to KTM or your supplier pursuant to this Agreement or any similar agreement under which the Data is provided to you.
The Data includes certain information and related content provided under license from third parties and is subject to the applicable supplier terms and copyright notices set forth at the following URL:
Map supplier: HERE Global B.V., Kennedyplein 222-226, 5611 ZT Eindhoven, Netherlands https://legal.here.com/en-gb/terms
Your license to use the Data is non-exclusive and expressly limited to your personal use, or if you are acting on behalf of a business entity, use in your business' internal operations. This license is subject to compliance with the restrictions and limitations set forth herein and does not include the right to grant sub-licenses.
The Data is restricted for use in the specific system for which it was created. Except to the extent explicitly permitted by mandatory laws, you may not extract or reutilize substantial parts of the contents of the Data, nor reproduce, copy, modify, adapt, translate, disassemble, decompile or reverse engineer any portion of the Data.
The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. The Data does not include or reflect information on - inter alia - travel time and may not include neighborhood safety; law enforcement; emergency assistance; construction work; road or lane closures; road slope or grade; bridge height, weight or other limits; road conditions; or special events depending on the navigation system brand that you possess.
THE DATA IS PROVIDED TO YOU "AS IS", AND YOU AGREE TO USE IT AT YOUR OWN RISK. KTM AND/OR ITS SUPPLIER MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, USE OR RESULTS TO BE OBTAINED FROM THE DATA, OR THAT THE DATA OR USE THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE EXTENT PERMITTED BY LOCAL LAW, KTM AND/OR ITS SUPPLIER DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY LOCAL LAW, KTM AND/OR ITS SUPPLIER SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM USE OR POSSESSION OF THE DATA; OR FOR ANY LOSS OF PROFIT, REVENUE, DATA, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE DATA, ANY DEFECT IN THE DATA, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF KTM AND/OR ITS SUPPLIER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement is not intended to and does not (a) change or exclude any statutory consumer rights that cannot be lawfully changed or excluded, or (b) limit or exclude any right that you may have against any other party if you did not purchase the Data directly from KTM. Some jurisdictions do not allow certain liability exclusions, damage limitations, or disclaimers of warranty. In no event shall KTM and/or its supplier be liable for damages in excess of the price that you paid for your copy of the Data.
For returns of Data purchased from KTM and delivered electronically, please refer to the "Cancellations and Refunds" provisions in the KTM Service Terms.
You agree to use the Data in compliance with all applicable laws, rules and regulations, including local laws, rules and regulations of the country or region in which you reside or in which you obtain or use the Data. You agree not to export from anywhere any part of the Data or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Office of Foreign Assets Control of the U.S. Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce. To the extent that any such export laws, rules or regulations prohibit KTM or your supplier from complying with any of its obligations to deliver or distribute the Data, such failure shall be excused and shall not constitute a breach of this Agreement.
This Agreement shall be governed by the laws of Austria, without giving effect to conflict of laws provisions, or the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. For any and all disputes, claims and actions arising from or in connection with the Data, you agree to submit to the personal jurisdiction of Austria.
The terms and conditions contained in this Agreement constitute the entire agreement between KTM and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between KTM and you with respect to such subject matter.
If any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of this Agreement shall be given full force and effect.
U.S. Government End Users
If the Data is being acquired by or on behalf of the United States Government or any other entity seeking or applying rights similar to those customarily claimed by the United States Government, the Data is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with this Agreement, and each copy of Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following "Notice of Use", and be treated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: KTM SPORTMOTORCYCLE GMBH
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: Stallhofnerstrasse 3, 5230 Mattighofen, Austria
The Data is a commercial item as defined in FAR 2.101 and is subject to the terms set forth in this Agreement. If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify KTM prior to seeking additional or alternative rights in the Data.
KTM SPORTMOTORCYCLE GMBH, including its affiliates ("KTM"), is committed to respect your privacy and to comply with applicable data protection and privacy laws. This privacy policy ("Policy") describes how we collect and use personal data where KTM is the data controller or where we refer to the applicability of this Policy. "Personal data" means information relating to you or another identifiable individual.
Software on your device may access your information. Our products or services may contain links to other companies' websites and services that have privacy policies of their own. KTM is not responsible for the privacy practices of others and we recommend you read their privacy notices.
If you do not agree with this Policy, do not use our products and services or provide KTM with your personal data.
We collect your personal data and other information when you make a purchase, use or register into our products and services, take part in campaigns or research or otherwise interact with us. This includes following categories:
The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these KTM Service Terms and the Privacy Policy, the provisions of these KTM Service Terms prevail. The provisions of the Terms that are intended to survive termination of your registration remain valid after termination.
When you access our services online, our web servers automatically create records of your visit. These records typically include IP-address, access times, the sites linked from, pages visited, the links and features used, the content viewed or requested, browser or application type, language and other such information .
Our applications may contact our servers periodically, for example to check for updates or to send us information relating to service usage. Additionally, we may invite you to join voluntary product and service improvement or research programs where detailed information is collected. See Supplements to this Policy for more details.
We maintain records of your purchases, downloads, the content you have provided us with, your requests, agreements between you and KTM, the products and services provided to you, payment and delivery details, your contacts and communications and other interactions with us.
Location-based services establish location through the use of satellite, mobile, Wi-Fi or other network based positioning methods. These technologies may involve exchanging your location data and unique device and mobile, Wi-Fi or other network related identifiers with KTM. Our products may operate on multiple device platforms, applications and services which may also collect your location data. We do not use this information to identify you personally without your consent.
When you use our location based services and features, for example location based search, navigation and routing, or request for map data, your location data is sent to KTM to serve you with the right content, which may also include location based advertising.
KTM may process your personal data for the following purposes. One or more purposes may apply simultaneously.
We may use your personal data to provide you with our products and services, to process your requests or as otherwise may be necessary to perform the contract between you and KTM, to ensure the functionality and security of our products and services, to identify you as well as to prevent and investigate fraud and other misuses.
Some services may require an account to help you manage your content and preferences.
We may use your personal data to develop and manage our products, services, customer care, sales and marketing. We may combine personal data collected in connection with your use of a particular KTM product and/or service with other personal data we may have about you, unless such personal data was collected for a different purpose.
We may use your personal data to communicate with you, for example to inform you that our services have changed or to send you critical alerts and other such notices relating to our products and/or services and to contact you for customer care related purposes.
We may contact you to inform you of new products, services or promotions we may offer and to conduct market research when we have your consent or it is otherwise allowed. We may use your personal data to personalize our offering and to provide you with more relevant services, for example, to make recommendations and to display customized content and advertising in our services. This may include displaying KTM and third party content.
We do not sell, lease, rent or otherwise disclose your personal data to third parties unless otherwise stated below.
We may share your personal data if we have your consent to do so. Some services may allow you to share your personal data with other users of the service or with other services and their users. Please consider carefully before disclosing any personal data or other information that might be accessible to other users.
We may share your personal data with other KTM companies or authorized third parties who process personal data for KTM for the purposes described in this Policy. This may include for example billing through your network service provider or otherwise, delivery of your purchases, providing services including customer service, managing and analyzing consumer data, credit checks, conducting research and managing marketing and other such campaigns. When you purchase a KTM service from us with a network service provider plan, we may need to exchange information with your network service provider to provide you with such service.
We may conduct joint marketing and other communications with our partners, for example your mobile operator. To avoid duplicate or unnecessary communications and to tailor the message to you we may need to match information that KTM has collected with information that the partner has collected where this is permitted by law.
These authorized third parties are not permitted to use your personal data for any other purposes. We require them to act consistently with this Policy and to use appropriate security measures to protect your personal data.
Our products and services may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred across international borders outside the country where you use our services, including to countries outside the European Economic Area (EEA) that do not have laws providing specific protection for personal data or that have different legal rules on data protection, for example, the United States of America. In such cases we ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures.
We may be obligated by mandatory law to disclose your personal data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your personal data in accordance with applicable law to defend KTM's legitimate interests, for example, in civil or criminal legal proceedings.
If we decide to sell, buy, merge or otherwise reorganize our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers.
KTM may but has no obligation to:
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially "offensive" or "explicit". KTM shall not be responsible for any claims or offense caused or suffered by you accessing such Content.
You agree:
KTM products and services are typically intended for general audiences. KTM does not knowingly collect information of children without the consent of their parents or guardians.
We take reasonable steps to keep the personal data we possess accurate and to delete incorrect or unnecessary personal data.
We encourage you to access your personal data through your account from time to time to ensure that it is up to date.
Privacy and security are key considerations in the creation and delivery of our products and services. We have assigned specific responsibilities to address privacy and security related matters. We enforce our internal policies and guidelines through an appropriate selection of activities, including proactive and reactive risk management, security and privacy engineering, training and assessments. We take appropriate steps to address online security, physical security, risk of data loss and other such risks taking into consideration the risk represented by the processing and the nature of the data being protected. Also, we limit access to our data bases containing personal data to authorized persons having a justified need to access such information.
KTM uses cookies, web beacons and other similar technologies to operate and improve our websites and offering. We also use cookies for personalization and to display ads.
Our domains may include third party elements that set cookies on behalf of a third party, for example relating to third party social network. Please visit our Cookie policy to find out more about how KTM uses cookies and how you can disable cookies by browser settings or otherwise.
You have a right to know what personal data we hold about you. You have a right to have incomplete, incorrect, unnecessary or outdated personal data deleted or updated. You have a right to unsubscribe from direct marketing messages and to request that we stop processing your personal data for direct marketing purposes or on other compelling legal grounds. However, if you opt-out from marketing and other communications from KTM, critical alerts may still be sent to you.
You may exercise your rights by contacting us or by managing your account and choices through available profile management tools on your device and our services. In some cases, especially if you wish us to delete or stop processing your personal data, this may also mean that we may not be able to continue to provide the services to you.
KTM Sportmotorcycle GmbH, Stallhofnerstrasse 3, 5230 Mattighofen, Austria is the controller of your personal data.
In addition, the KTM affiliate providing the product or service may be a controller of your personal data. You may find the identity of the controller and its contact details by reviewing the terms and conditions (2.1) by using contact information provided in the applicable KTM websites.
In matters pertaining to KTM's privacy practices you may also contact us at:
KTM Sportmotorcycle GmbH, Stallhofnerstrasse 3, 5230 Mattighofen, Austria
KTM may from time to time change this Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Policy is changed in a material, adverse way, KTM will post a notice advising of such change at the beginning of this Policy and on this site's home page for 30 days. We recommend that you re-visit this Policy from time to time to learn of any such changes to this Policy.