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1. Overview

This Privacy Statement (the “Statement”) is provided by AGCO Corporation for itself and on behalf of its subsidiaries and affiliates (together, “AGCO”). AGCO Corporation is acting as the ultimate controller of data and its subsidiaries and affiliates will be acting as independent controllers for Personal Information relevant to their activities. Capitalized terms not defined in the body of this Statement are defined in the Glossary at the end of this Statement. This Statement is divided into sections. The General Statement is applicable in any jurisdiction, region, or location. The Region Statements address any additional requirements under local Data Protection Laws. In the event of any conflict between the provisions of the Statement and a Region Statement, the terms of the applicable Region Statement will prevail.

2. Scope of this Statement

This Statement governs the manner in which AGCO may collect and Process Personal Information about you. We encourage you to read this Statement carefully and to regularly check this page to review any changes we might make in accordance with the terms of this Statement.

Please note that this Statement does not apply to the Processing by AGCO of the Personal Information of AGCO employees, secondees, temporary workers or other staff in connection with the roles they perform for AGCO (collectively, “AGCO Staff”). Separate regional Privacy Statements governing such Processing are available to AGCO Staff for this purpose.

AGCO has a separate Statement governing the Processing of Machine Data. Should there be any conflict between the terms of this Statement and the Machine Data Statement regarding the Processing of Personal Information, then the terms of this Statement shall prevail in respect of any such conflicts.

3. Protection of your Personal Information

AGCO is committed to Processing your Personal Information securely. We adopt appropriate Personal Information Processing practices and appropriate technical and organisational security measures, to protect against unauthorised access, alteration, disclosure or destruction of Personal Information. However, the Internet is not a secure environment and we cannot provide an absolute assurance that any Personal Information transferred using the Internet will be secure at all times. Transmission of Personal Information over the Internet is at your own risk, and you should only use secure systems to access Sites, Apps or Devices.

You are responsible for keeping your access credentials for each Site, App and Device safe and confidential and should frequently change them. You should immediately change your access credentials and notify AGCO promptly if you become aware of any misuse.

4. Contact details

If you have any questions about this Privacy Statement, our Processing of your Personal Information, or your dealings with a Site, an App or a Device, please contact us at:

AGCO Corporation
FAO Global Compliance Team
4205 River Green Parkway
Duluth, GA 30096
United States

AGCO International GmbH
FAO Global Compliance Team
Victor von Bruns-Strasse 17
8212 Neuhausen am Rheinfall
Switzerland

privacy@agcocorp.com

If you contact us, we will investigate and attempt to resolve each query or complaint within one month or such other period as may be required under Applicable Laws.

5. AGCO may collect Personal Information from you

AGCO may collect Personal Information from you in the following circumstances:

  • AGCO may collect or obtain Personal Information when you participate in activities such as: an event, fair, product demonstration, roadshow, promotion, competition.
  • AGCO may collect or obtain Personal Information when you visit any AGCO website (each a “Site”) or use any features or resources available on or through a Site. When you visit a Site, your device and browser will automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, volume of data transferred, dates and times of connecting to a Site and other technical communications information) some or all of which may constitute Personal Information.
  • AGCO may collect or obtain Personal Information when you download or use an AGCO mobile app (each an “App”). AGCO Apps may record certain information (including App usage statistics, device type, operating system, App settings, IP address, language settings, dates and times of connecting to the App, location data, and other technical communications information), some or all of which may constitute Personal Information. An App may have its own Privacy Statement, which includes more specific information, and you should review before using the relevant App.
  • AGCO may collect or obtain Personal Information when you register to use any service provided by AGCO via a Site or an App or log in to a Site or an App, including the following: registration details, login name, email address, password, security question and, if applicable, payment details.
  • AGCO may collect or obtain Personal Information when you use any AGCO telemetry devices or data recording devices (each a “Device”), including the following: (i) If you purchase a vehicle that is equipped with a Device, AGCO may collect Machine Data about the vehicle; and (ii) if you have enabled location-based functions, AGCO may collect location data. Furthermore, AGCO may collect Machine Data when performing inspections, warranties or other services.
  • AGCO may collect or obtain Personal Information when you contact AGCO (whether in person, by mail, by phone, online, via electronic communication such as web forms, live chat, chatbots, vehicle configurators or other means).
  • AGCO may collect or obtain Personal Information when you visit an AGCO site as part of AGCO’s visitor management.
  • AGCO may use video surveillance on its premises and facilities that may capture you if you visit our premises or facilities. We also may take pictures and videos from customer events.
  • AGCO may use video surveillance on its test vehicles, in particular for testing and improving autonomous operation functionality.
  • AGCO may collect or obtain Personal Information that you choose to make public, including via social media (e.g., we may collect information from your social media profile(s) if you post publicly about us).

6. AGCO may receive Personal Information about you from others

AGCO may receive Personal Information about you from third parties. For example:

  • AGCO may receive Personal Information about you when you provide Personal Information to an AGCO authorized distributor, dealer or reseller (collectively, “Dealer”) (whether in person, by mail, by phone, online, via electronic communication or by any other means).
  • If you provide your information to a third-party supplier of services to AGCO, in accordance with that third-party suppliers’ applicable Privacy Statement.
  • If you choose to make a payment directly to AGCO or through a Site, an App, or a Dealer, AGCO may receive Personal Information about you from third parties, such as payment services providers, for the purposes of that payment, including the following: purchase details, payment data, credit card data.
  • To the extent that any credit reference checks are carried out by AGCO or on its behalf in connection with an application for credit, in accordance with Applicable Laws, AGCO and/or the relevant Dealer may receive Personal Information about you from credit reference agencies and other third parties, for the purposes of that credit check, including the following: confirmation of whether the reference agency was able to verify your details; and the results of the reference check including your credit rating.
  • In complying with its obligations under Applicable Laws, AGCO may receive Personal Information about you from law enforcement agencies and public authorities.
  • AGCO may receive Personal Information about you from public sources (such as telephone directories, land ownership records, lien records, etc.).
  • If you interact with any third-party content or advertising on a Site or in an App (including third-party plugins and cookies), AGCO may receive Personal Information about you from the relevant third-party provider of that content or advertising, in accordance with that third party’s applicable Privacy Statement.
  • AGCO also purchases data from data resellers. The third-party data resellers share your data with AGCO based on the permission you have given them, or they may also share any publicly available data that is collected by them.

7. Personal Information you provide about others

In some circumstances, you may provide AGCO with Personal Information about others. For example, you might mention another AGCO customer when commenting on an AGCO product. Whenever you provide any such Personal Information, you must ensure that this does not violate those third parties’ rights. If you are unsure whether the third party agrees with you providing its Personal Information, please refrain from communicating such Personal Information to AGCO.

8. Personal Information of children

We do not generally collect or further Process Personal Information of children under 16 years of age. We ask parents or legal guardians to assist us by supervising the activities of children in relation to our Sites, Apps and Devices and by not allowing them to submit any Personal Information through our Site, App or Device.

When Personal Information of children is collected or processed, we seek the involvement of parents or legal guardians in accordance with Applicable Laws.

9. Disclosure of Your Personal Information

We will not sell, trade, or rent your Personal Information for monetary compensation. We may, however, share or disclose your Personal Information to third parties in the following circumstances:

  • We may share or disclose your Personal Information with recipients within AGCO for the purposes of operating our business, Sites, Apps or Devices, providing you with products or services you have selected, or otherwise for the purposes set out in this Statement.
  • We may share your Personal Information with recipients outside AGCO, including Dealers, for the purposes of operating our business, Sites, Apps or Devices, providing you with products or services you have selected, or otherwise for the purposes set out in this Statement.
  • We may share your Personal Information with recipients outside AGCO, including with our joint venture partner, AGCO Finance, for the purposes of allowing those recipients to operate their business, Sites, Apps or Devices and provide you with products or services you have selected.
  • We may use third-party service providers to help us operate our business, Sites, Apps or Devices, provide you with products or services you have selected, or administer activities on our behalf, such as sending out newsletters or surveys. We may share your Personal Information with such third parties for the purposes set out in this Statement.
  • We may share aggregated demographic information with our business partners, trusted affiliates and advertisers for the purposes outlined in this Statement. While we make all reasonable efforts to ensure that such information is anonymized, it is possible that your Personal Information may be disclosed.
  • Subject to providing prior notice, obtaining your consent, or using an appropriate legal ground as required under Applicable Laws, we may share your Personal Information with our third-party marketing partners, for direct marketing purposes. You may withdraw your consent at any time or object at any time to the Processing of your Personal Information for direct marketing purposes.
  • If you make a payment via a Site or an App or directly to AGCO or a Dealer, your Personal Information may need to be provided to third parties (e.g., payment services providers) for the purposes of facilitating those payments.
  • If we sell, merge or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, liquidation or other restructuring), we may disclose your Personal Information to the prospective seller or buyer or their representatives. In these circumstances, we will take reasonable steps to ensure the security and confidentiality of your Personal Information.
  • We also may disclose your Personal Information: (i) to the extent necessary to establish, exercise or defend legal claims; (ii) if required by Applicable Laws or regulations; (iii) in response to requests from government agencies and law enforcement authorities; (iv) when disclosure is necessary or appropriate to prevent physical harm or material financial loss; or (v) for the purposes of investigating unlawful activity.

10. International Transfers of Personal Information

We may make use of Processing facilities controlled or operated by members of our corporate group or our third-party service providers located in jurisdictions other than the jurisdiction in which your Personal Information was originally collected. In particular, the content and features of a Site, an App or a Device may be provided by means of servers located outside your jurisdiction (including, but not limited to, servers located in the United States of America). Your Personal Information may be transferred to and Processed using those servers or other Processing facilities as part of the operation of a Site, an App or a Device, or in connection with any of the Processing purposes set out in this Statement, subject always to compliance with the provisions of Applicable Laws. These transfers are necessary to provide our products and services to you in an efficient and effective manner. By providing Personal Information to AGCO, you acknowledge that your Personal Information may be transferred to locations outside your jurisdiction.

Where Applicable Laws require an international transfer mechanism, we transfer your personal information on the basis of one or more of the following;

  • AGCO Binding Corporate Rules for transfers within AGCO.
  • Adequacy decisions as defined and maintained by the relevant Data Protection Authority.
  • Standard Contractual Clauses as defined and maintained by the appropriate Data Protection Authority.
  • Any other international transfer mechanisms available under Applicable Laws.

11. Third-party services

You may encounter advertising or other content on any Site, App or Device that may link to websites or services of AGCO’s partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these third-party websites or services, and we are not responsible for the practices employed by third-party websites or services linked to or from any Site, App or Device. These websites and services may be subject to their own privacy policies and terms of use.

12. Direct marketing

As set out in this Statement and in accordance with requirements under Applicable Laws, we may contact you via email, text message, or other electronic means from time to time to provide you with information relating to products or services that may be of interest to you. If you wish to unsubscribe from these communications, we include detailed unsubscribe instructions in each such communication. Alternatively, you may use the unsubscribe features provided through our Sites and Apps.

Please note that, in the event that you unsubscribe from receiving communications relating to marketing or advertising, we may nevertheless continue to contact you for the purposes of carrying out your instructions, enabling you to make any purchases you request, administration of your account, or as required or permitted by Applicable Laws.

13. Data retention

We retain the Personal Information we collect for different periods of time depending on the purpose of and legal grounds permitting the Processing.

When your Personal Information is no longer required for the purposes of the Processing, your Personal Information is deleted or anonymized in accordance with Applicable Laws.

We may be required to retain your Personal Information for additional periods of time, for example, where required to do so by Applicable Laws.

14. Cookies

A cookie is a small file that is placed on your device when you visit a website. It records information about your device, your browser and, in some cases, your preferences and browsing habits. We may Process your Personal Information through cookie technology in accordance with our Cookie Policy.

15. Generative Artificial Intelligence

Some AGCO services, such as chatbots, use generative artificial intelligence to provide fast and accurate responses to enquiries. AGCO is committed to ensuring the responsible and ethical use of Artificial Intelligence (“AI”) and has implemented internal governance processes that include human oversight to minimise risk and ensure transparency, compliance with Applicable Laws and that any AI systems are developed and deployed in a manner that respects privacy, fairness, and accountability. 

16. Google Analytics

Our Sites, in some Regions and in accordance with Applicable Laws, may use Google Analytics, a web analytics service of Google, Inc. (“Google”), or comparable technology. Google uses “cookies”, which are text files stored on your computer, to analyze how you use our Sites. The information generated by the cookie about your use of our Sites (including your IP address) is sent to a Google server in the U.S. and stored there. Google will use this information to evaluate your use of our Sites, compile reports on the Sites' activity for our Sites operators and to provide other site activity related to internet services. Additionally, Google may transfer this information to a third party when required by law or to a third-party Processing information on Google's behalf. You can set your internet browser to prohibit the installation of cookies, although we must point out that some features and functions of our Sites will then be unusable. By using our Sites and accepting the use of cookies, you consent to the Processing of data about you collected by Google in the manner described and for the above-mentioned purpose. The consent for the collection and storage of data can be withdrawn at any time in the future by clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=en. Further information can be found in Google’s Privacy Policy.

17. Google Lead Forms

Our Sites may use Google Lead Forms and Lead Form Extensions. These forms consist of a few pre-filled value fields, such as name, number and email address. If you are using a Chrome browser, the fields may pre-populate if you have enabled the pre-fill feature on your Chrome browser. If you are not using a Chrome browser or have not enabled the pre-fill feature, you will need to complete these fields manually. Some of our ad campaigns also contain Lead Forms that help us reach out to you about our products. Individuals who complete the Google Leads Form can be re-targeted (as described below) for a period of 180 days for any services offered by AGCO after receiving your consent. You can opt out at any time. Further information can be found in Google’s Privacy Policy.

18. Google Maps

Our Sites may use Google Maps to provide mapping and location information. Google Maps uses cookies as well as GPS and other sensor data from your device, IP address, activity on Google services, such as your searches and places you label like home or work, and information about things near your device, such as Wi-Fi access points, cell towers, and Bluetooth-enabled devices. Further information can be found in Google’s Privacy Policy.

19. Hotjar

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

20. Re-Targeting

AGCO may engage and work with service providers and other third parties that also use your information to offer you tailored ads when you browse the internet or use various social media platforms. Some of these ads may be tailored to your interest based on your browsing of our Site and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioural advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Site using re-targeting technologies. You can reject or disable Interest-based Advertising, tailored ads, or re-targeted ads by managing your browser settings. However, please note that if you disable cookies and/or meta pixels, you may be unable to access some customized features on the Sites. To disable ad personalization on your Google Browser, please visit https://myadcenter.google.com/home.

21. Terms of use

Use of our Sites, Apps and Devices, and our products and services, is subject to the applicable Terms of Use.

22. Your rights

It is your responsibility to ensure that any Personal Information you provide to AGCO is complete, accurate and up to date.

Subject to Applicable Laws, you may have any of the following rights:

  • the right to request access to, or copies of, your Personal Information that is processed by AGCO;
  • the right to request correction of any inaccuracies in your Personal Information;
  • the right to object, on legitimate grounds, to the Processing of your Personal Information;
  • the right to object to the sale, renting, or sharing of your Personal Information;
  • the right to request, on legitimate grounds:
    • erasure of your Personal Information that is processed by AGCO; and
    • restriction of Processing of your Personal Information is processed by AGCO;
  • the right to have your Personal Information transferred to another Controller, to the extent applicable;
  • where we Process your Personal Information on the basis of your consent, the right to withdraw that consent;
  • the right to appeal a previous decision AGCO has made about your privacy rights; and
  • the right to lodge complaints regarding the Processing of your Personal Information with an appropriate Data Protection Authority. Further information, including contact details for appropriate Data Protection Authorities, can be found in the Regions section of this Statement.

This does not affect your statutory rights. You may exercise any of these rights by using AGCO’s contact details. AGCO will provide a response to your request within the time limits prescribed by Applicable Laws. For complex requests, AGCO may exercise its right to extend the time limit where applicable. In any case, AGCO will endeavour to provide a response without undue delay.

23. Complaints

AGCO requests that complaints be made in writing so we can be sure about the details of the complaint. You may make a complaint by using AGCO’s contact details. Where necessary, AGCO will conduct an investigation into the nature of the complaint and provide you with a written outcome.

If you are unsatisfied with the outcome, you may have the right to lodge a complaint with an appropriate Data Protection Authority. Further information, including contact details for appropriate Data Protection Authorities, can be found in the Regions section of this Statement.

24. Amendments to this Statement

AGCO may amend, revise or update this Privacy Statement at any time without providing you with any specific notice. You are encouraged to frequently check this Statement for any changes and to stay informed about how we are helping to protect your Personal Information. Your continued use of any Site, App or Device is deemed to be acceptance of any amendments to this Statement.

Last updated: 01.08.2024

1. Australia

What happens if AGCO cannot collect your Personal Information?

If you do not provide AGCO with the Personal Information described above in this Statement, some or all of the following may happen:

  • AGCO may not be able to provide the requested products or services to you, either to the same standard or at all;
  • AGCO may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or
  • AGCO may be unable to tailor the content of our websites to your preferences, and your experience with our websites may not be as enjoyable or useful.

International Transfers of Personal Information

As noted in the General Statement above, we may disclose your Personal Data to members of our corporate group or our third-party service providers located outside Australia for some of the purposes listed above.

We take reasonable steps to ensure that the overseas recipients of your Personal Data do not breach the Australian Privacy Principles relating to your Personal Data.

Complaints

If you are not satisfied with the way your privacy-related complaint is handled by AGCO, you may refer your complaint to the Office of the Australian Information Commissioner (OAIC). Details of how to lodge a complaint with the OAIC may be found at www.oaic.gov.au or by calling 1300 363 992.

2. Brazil

General Conditions

Data Processing in Brazil is subject to Law 13.709/2018 Lei Geral de Proteção de Dados Pessoais (“LGPD”), and Personal Information shall only be processed in the following circumstances, as legally defined:

  • with your consent;
  • for compliance with a legal or regulatory obligation by AGCO;
  • whenever necessary for the execution of a contract or preliminary procedures related to a contract to which the data owner is a party;
  • for the regular exercise of rights in judicial, administrative or arbitration procedures, the last pursuant to Law No. 9,307, of September 23, 1996 (“Brazilian Arbitration Law”);
  • for the protection of the life or physical safety of the data owner or a third party.

Sensitive Data

AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. However, in some circumstances, it may be necessary to comply with legal requirements or other obligations. In these circumstances, AGCO will comply with Section II of LGPD.

Termination of Data Processing

The processing of Personal Information by AGCO shall be terminated under the following circumstances:

  • confirmation by AGCO that the purpose has been achieved or that the data are no longer necessary or pertinent to achieve the specific purpose intended;
  • end of the processing term;
  • communication by the data owner, including when exercising their right to revoke consent;
  • or by legal determination by ANPD (National Data Protection Authority).

3. Canada

General Conditions

Data Processing in Canada is subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) (SC 2000, c5) and applies to the collection, use and disclosure of Personal Information in the course of commercial activities in Canada.

Separate privacy legislation in Alberta, British Columbia, and Quebec governs the Processing of Personal Information within their jurisdiction. However, as AGCO has an established business presence in Canada, it can demonstrate a real and substantial connection between other Canadian Provinces; therefore, PIPEDA will apply when your Personal Information is processed by AGCO.

Legal bases

AGCO Processes your Personal Information as per the following legal bases:

  • Consent
  • Contract with Data Subject
  • Legal Obligation
  • Legitimate Interest of the Data Controller

Direct marketing

Pursuant to Canada’s Anti-Spam Legislation (CASL) (sc 2010, c23), AGCO must have an established relationship with you in order to send direct marketing emails, text messages and any other means of electronic communication, including direct messaging on social media without consent.

Where AGCO cannot demonstrate an established relationship with you, we will ask for your consent to send you direct marketing messages and information that may be of interest to you.

Complaints

If you wish to make a complaint to the Data Protection Authority, please contact:

The Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau
Quebec
K1 1H3

Alternatively, if you wish to make a complaint under CASL, please contact:

The Competition Bureau
50 Rue Victoria
Gatineau
Quebec
J8X 3X1

4. China

International Transfer of Personal Information

When we transfer your Personal Information to other countries outside of China, we do so on the basis of the following rules under China Applicable Laws:

  • Chapter 3 Rules for Cross-border Provision of Personal Information of Personal Information Protection Law.
  • Measures on the Standard Contract for Outbound Transfer of Personal Information.

Protection of Personal Information

AGCO has always placed great importance on safeguarding the security of your Personal Information. To this end, we employ security technologies and organizational and management measures in accordance with industry standards to minimize the risk of your information being leaked, damaged, misused, unauthorized access, unauthorized disclosure, or alteration. We will implement security protection measures in line with industry standards, including establishing reasonable system specifications and security technologies to prevent unauthorized access, use, and modification of your Personal Information and to avoid data damage or loss.

Personal Information of Children

In China, we do not knowingly collect or further Process Personal Information of children under 14 years of age. We ask parents or legal guardians to assist us by supervising the activities of children in relation to our Sites, Apps and Devices and by not allowing them to submit any Personal Information through our Site, App or Device.

Contact details in China

In China, if you have any questions about this Privacy Statement, our Processing of your Personal Information, or your dealings with a Site, an App or a Device, please contact us at:

ComplianceAPA@agcocorp.com

Alert line: 4001205090

If you contact us, we will endeavour to investigate and attempt to resolve each query or complaint within fifteen (15) days.

If you are dissatisfied with our response, especially if our processing of Personal Information has harmed your legal rights and interests, you may also file a complaint or report to regulatory authorities such as cyberspace administration, telecommunications, public security, and industry and commerce. You may also seek a solution by filing a lawsuit in the competent court at the domicile of the defendant.

Amendments to this Statement

In accordance with Chinese laws and regulations and the operational needs of our products, services, and business, we may partially or fully revise or update this Privacy Statement. Without your explicit consent, we will not reduce your rights according to this Privacy Statement.

We will update this Privacy Statement in a timely manner when the following changes occur:

  • Our name and contact information;
  • The purposes of Processing Personal Information, Processing methods, types of Personal Information Processed, and storage periods;
  • The ways and procedures for you to exercise legal rights;
  • Other matters that should be notified according to laws and administrative regulations.

(Individually or collectively referred to as “Major Changes.”)

If this Privacy Statement is updated based on Major Changes, we may choose to notify you through app push notifications, pop-up prompts, sending emails/messages, publishing announcements, or other appropriate methods. Please make an appropriate choice based on your full understanding of the modified Privacy Statement. If you do not agree with the updated content of this Privacy Statement, you should immediately stop using any Sites, Apps or Devices we provide.

5. European Economic Area

Categories, purposes, and legal grounds permitting the Processing of your Personal Information.

The table below outlines the categories, purposes, and legal grounds permitting the Processing of your Personal Information. Each purpose may use some or all of the categories of Personal Information and may have more than one legal ground permitting the Processing of that Personal Information. This does not mean that all of the Personal Information categories are used for every purpose or legal ground. For information on how to contact AGCO with enquiries about which categories of Personal Information are used for specific purposes, please see the Contact Details section.

 

Categories of Personal Information Processed by or on behalf of AGCO

Purposes for which AGCO may Process your Personal Information

Legal Grounds for Processing Personal Information

Personal Details:

Name; salutation; gender; photograph; video; date of birth; profession; business or employer; sector; vehicle registration number.

 

To verify your identity and ensure the security of your Personal Information.

To give effect to your legal rights and your rights under this Statement.

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To establish, exercise or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

To fulfil the terms of a contract between you and us.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

We have obtained your prior express consent to the Processing.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is necessary to protect the vital interests of any individual.

The Processing is required by Applicable Laws.

The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms.

Any other lawful basis available under Applicable Laws.

Contact details:

Email address; postal address; telephone number; fax number; customer ID.

 

To verify your identity and ensure the security of your Personal Information.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To send you communications regarding the administration of your accounts and the features of a Site, an App, or a Device.

To fulfil the terms of a contract between you and us.

To notify you about changes to a Site, an App, or a Device.

To give effect to your legal rights and your rights under this Statement.

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

We have obtained your prior express consent to the Processing.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is necessary to protect the vital interests of any individual.

The Processing is required by Applicable Laws.

The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms.

Any other lawful basis available under Applicable Laws.

Special Category Data and Sensitive Personal Information

AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. In the event that you provide, or AGCO incidentally collects or otherwise processes your Sensitive Personal Information, we will do so for the following reasons:

To fulfil the terms of a contract between you and us.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

We have obtained your prior express consent to the Processing.

The Processing is necessary for the establishment, exercise or defence of legal claims.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Data relating to Sites or Apps:

Technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App, Device, usage statistics, settings, dates and times of connecting to the App, Site or a Device, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data including data volumes; aggregate statistical information.

 

To display the content of a Site, an App or a Device, and any customisations you may select.

To understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle).

To administer content, promotions, surveys or other features of a Site, an App, or a Device.

To improve our Sites or Apps.

To perform data analysis and other Processing (including trend analysis and financial analysis).

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Machine Data:

Farm management data; land data; agronomic data; vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location.

 

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

 

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Commercial data:

Financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests.

 

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

 

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is necessary to protect the vital interests of any individual.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Marketing data:

Advertising interests; cookie data; clickstream data; browsing history; responses to customer satisfaction surveys and direct marketing; as well as opt-outs from direct marketing.

We maintain a suppression list in case you elect to opt out of direct marketing or otherwise exercise your data subjects’ rights. The suppression list is maintained for ten years to ensure we do not contact you should we receive your information from a third party.

 

To administer content, promotions, surveys or other features of a Site, an App, or a Device.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To comply with Applicable Laws and our other applicable policies.

 

We have obtained your prior express consent to the Processing

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

Any other lawful basis available under Applicable Laws.

 

Your Rights

Under certain circumstances, you have the following rights under Applicable Laws in relation to your personal information:

  • Notification that your personal information is being collected. When your personal information is collected, you have the right to be informed that your information is collected and where the information is not collected from you, you have the right to be informed of the source from whom/which it is collected.
  • Request access to your personal information. You have the right to confirm, free of charge, whether or not AGCO holds any of your personal information, and to the extent that AGCO does hold your information, to request a copy or description of that record. You will be required to provide adequate proof of your identity so that AGCO can confirm your identity and ensure your right to access your personal information. AGCO may need to request other specific information from you to help process your request. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. AGCO may also contact you to ask you for further information in relation to your request to speed up our response.
  • Request correction of your personal information. You have the right to request rectification or deletion of your personal information where it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.
  • Request the destruction or deletion of your personal information. You have the right to request the deletion or removal of your personal information where there is no good reason for AGCO to continue to process it. You also have the right to request deletion or removal of your personal information where you have successfully exercised your right to object to processing (see below), where AGCO may have processed your information unlawfully or where AGCO are required to erase your personal information to comply with the law. Note, however, that AGCO may not always be able to comply with your request of destruction or deletion for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal information. You have the right to object to AGCO’s processing of your personal information where AGCO are relying on a legitimate interest (or those of a third party), and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where AGCO are processing your personal information for direct marketing purposes. In some cases, AGCO may demonstrate compelling, legitimate grounds to process your information, which overrides your right to object to processing.
  • Request restriction of processing your personal information. This enables you to ask AGCO to suspend the processing of your personal information in the following scenarios:
    • If you want AGCO to establish the information’s accuracy.
    • AGCO no longer needs the information for the purpose for which the information was initially collected, but AGCO needs it for purposes of proof.
    • Where AGCO’s use of the information is unlawful, but you do not want AGCO to erase it.
    • If you want AGCO to transmit your personal information to another automated processing system.
  • Withdraw consent. You have the right to withdraw your consent at any time where AGCO are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, AGCO may not be able to provide certain products or services to you. AGCO will advise you if this is the case at the time you withdraw your consent.
  • Submit a complaint to the relevant Data Protection Authority (see section below for details.)

Complaints

You may have the right to lodge a complaint with an appropriate Data Protection Authority, in particular in the country of your residence or workplace. Contact details for Data Protection Authorities within the EEA can be found on the European Data Protection Board website at https://www.edpb.europa.eu/edpb_en.

6. New Zealand

 What happens if AGCO cannot collect your Personal Data?

If you do not provide us with the Personal Data described above in this Statement, some or all of the following may happen:

  • we may not be able to provide the requested products or services to you, either to the same standard or at all;
  • we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or
  • we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.

Your Rights

As noted in the Statement, you have certain rights under the Privacy Act 2020 in New Zealand.

You may request access to any Personal Data that we hold about you at any time by contacting us (see the details below). Where we hold Personal Data that you are entitled to access, we will try to provide you with a suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a reasonable fee to cover our administrative costs in providing the information to you. We will not charge for simply making the request. In order to protect your Personal Data, we may require identification from you before releasing the requested information.

There may be instances where we cannot grant you access to the Personal Data we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that the Personal Data we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for the amendment, then you can request us to add a statement of correction to the Personal Data stating either your request for correction (if it sets out what you think the information should be) or a specific statement that you provide. If we decide not to add a statement of correction to the Personal Data, you have the right to make a complaint about this to the Privacy Commissioner (see details below).

International Transfers of Personal Information

As noted in the Statement, we may disclose your Personal Data to members of our corporate group, or our third-party service providers, located outside New Zealand for some of the purposes listed above. 

We take reasonable steps to ensure that the overseas recipients of your Personal Data do not breach the New Zealand privacy principles relating to your Personal Data.

Complaints

If you believe that your privacy has been breached by AGCO in New Zealand, please contact us using the contact information below and provide details of the incident so that we can be sure of the details of your complaint and duly investigate it.

After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.

If you are not satisfied with the way your complaint is handled by us, you may refer your complaint to The Office of the Privacy Commissioner New Zealand. Details of how to lodge a complaint with The Office of the Privacy Commissioner New Zealand may be found at www.privacy.org.nz or by calling 0800 803 909.

7. Republic of South Africa

General Conditions

In accordance with the Laws of South Africa, the definition of personal information in this Privacy Statement must be read to include existing corporate entities. You are entitled under the Protection of Personal Information Act, 2013 (“POPIA”) to the information in this section of this Statement.

What happens if AGCO cannot collect your Personal Information?

Where we need to collect personal information by law or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may not be able to proceed with a particular engagement we have or intend to have with you (this may include cancelling a product or service you have with us), but we will notify you if this is the case at the time. 

Categories, purposes, and legal grounds permitting the Processing of your Personal Information

The table below outlines the categories, purposes, and legal grounds permitting the Processing of your Personal Information. Each purpose may use some or all of the categories of Personal Information and may have more than one legal ground permitting the Processing of that Personal Information. This does not mean that all of the Personal Information categories are used for every purpose or legal ground. For information on how to contact AGCO with enquiries about which categories of Personal Information are used for specific purposes, please see the Contact Details section.

 

Categories of Personal Information Processed by or on behalf of AGCO

Purposes for which AGCO may Process your Personal Information

Legal Grounds for Processing Personal Information

Personal Details:

Name; salutation, gender; photograph; video; date of birth; profession; business or employer; sector, vehicle registration number.

 

To verify your identity and ensure the security of your Personal Information.

To give effect to your legal rights and your rights under this Statement.

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To establish, exercise or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

To fulfil the terms of a contract between you and us.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

We have obtained your prior express consent to the Processing.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is necessary to protect the vital interests of any individual.

The Processing is required by Applicable Laws.

The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms.

Any other lawful basis available under Applicable Laws.

Contact details:

Email address; postal address; telephone number; fax number; customer ID.

 

To verify your identity and ensure the security of your Personal Information.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To send you communications regarding the administration of your accounts and the features of a Site, an App, or a Device.

To fulfil the terms of a contract between you and us.

To notify you about changes to a Site, an App, or a Device.

To give effect to your legal rights and your rights under this Statement.

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

We have obtained your prior express consent to the Processing.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is necessary to protect the vital interests of any individual.

The Processing is required by Applicable Laws.

The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms.

Any other lawful basis available under Applicable Laws.

Special Category Data and Sensitive Personal Information

AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. In the event that you provide, or AGCO incidentally collects or otherwise processes your Sensitive Personal Information, we will do so for the following reasons:

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

We have obtained your prior express consent to the Processing.

The Processing is necessary for the establishment, exercise or defence of legal claims.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Data relating to Sites or Apps:

Technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App, Device, usage statistics, settings, dates and times of connecting to the App, Site or a Device, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data including data volumes; aggregate statistical information.

 

To display the content of a Site, an App or a Device, and any customisations you may select.

To understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle).

To administer content, promotions, surveys or other features of a Site, an App, or a Device.

To improve our Sites or Apps.

To perform data analysis and other Processing (including trend analysis and financial analysis).

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Machine Data:

Farm management data; land data; agronomic data; vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location.

 

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

 

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Commercial data:

Financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests.

 

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

 

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is necessary to protect the vital interests of any individual.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Marketing data:

Advertising interests; cookie data; clickstream data; browsing history; responses to customer satisfaction surveys and direct marketing; as well as opt-outs from direct marketing.

We maintain a suppression list in case you elect to opt out of direct marketing or otherwise exercise your data subjects’ rights. The suppression list is maintained for ten years to ensure we do not contact you should we receive your information from a third party.

 

To administer content, promotions, surveys or other features of a Site, an App, or a Device.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To comply with Applicable Laws and our other applicable policies.

 

We have obtained your prior express consent to the Processing

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

Any other lawful basis available under Applicable Laws.

 

Your Rights

Under certain circumstances, you have the following rights under Applicable Laws in relation to your personal information:

Notification that your personal information is being collected. When your personal information is collected, you have the right to be informed that your information is collected and where the information is not collected from you, you have the right to be informed of the source from whom/which it is collected.

  • Notification of security compromises. Where reasonable grounds exist for us to believe that your personal information has been accessed or acquired by an unauthorised person, you have the right to be notified.
  • Request access to your personal information. You have the right to confirm, free of charge, whether or not AGCO holds any of your personal information, and to the extent that AGCO does hold your information, to request a copy or description of that record. You will be required to provide adequate proof of your identity so that AGCO can confirm your identity and ensure your right to access your personal information. AGCO may need to request other specific information from you to help process your request. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. AGCO may also contact you to ask you for further information in relation to your request to speed up our response.
  • Request correction of your personal information. You have the right to request rectification or deletion of your personal information where it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.
  • Request the destruction or deletion of your personal information. You have the right to request the deletion or removal of your personal information where there is no good reason for AGCO to continue to process it. You also have the right to request deletion or removal of your personal information where you have successfully exercised your right to object to processing (see below), where AGCO may have processed your information unlawfully or where AGCO are required to erase your personal information to comply with the law. Note, however, that AGCO may not always be able to comply with your request of destruction or deletion for specific legal reasons which, will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal information. You have the right to object to AGCO’s processing of your personal information where AGCO are relying on a legitimate interest (or those of a third party), and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where AGCO are processing your personal information for direct marketing purposes. In some cases, AGCO may demonstrate compelling, legitimate grounds to process your information, which overrides your right to object to processing.
  • Request restriction of processing your personal information. This enables you to ask AGCO to suspend the processing of your personal information in the following scenarios:
    • If you want AGCO to establish the information’s accuracy.
    • AGCO no longer needs the information for the purpose for which the information was initially collected, but AGCO need it for purposes of proof.
    • Where AGCO’s use of the information is unlawful, but you do not want AGCO to erase it.
    • If you want AGCO to transmit your personal information to another automated processing system.
  • Withdraw consent. You have the right to withdraw your consent at any time where AGCO are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, AGCO may not be able to provide certain products or services to you. AGCO will advise you if this is the case at the time you withdraw your consent.
  • Submit a complaint to the relevant Data Protection Authority. You may have the right to lodge a complaint with an appropriate Data Protection Authority, in particular in the country of your residence or workplace.
  • Institute civil proceedings. You have the right to institute civil proceedings regarding the alleged interference with the protection of your personal information.
  • Submit a complaint to the Information Regulator. You have the right to submit a complaint to the South African Information Regulator regarding an alleged interference with the protection of your personal information.
  • Institute civil proceedings. You have the right to institute civil proceedings regarding the alleged interference with the protection of your personal information. 

Complaints

If you wish to exercise your right to lodge a complaint to the Data Protection Authority, please contact The Information Regulator (South Africa) through their website https://inforegulator.org.za/complaints/ or by email at POPIAcomplaints@inforegulator.org.za.

8. Switzerland

General Conditions

The Federal Constitution of the Swiss Confederation states that every person has the right to be protected against the misuse of personal data.

The governing legislation in relation to data privacy is the New Federal Act on Data Protection (nFADP), as amended.

Categories, purposes, and legal grounds permitting the Processing of your Personal Information.

As AGCO is a private business no legal basis is required for AGCO to process your personal information, unless there is an obligation on AGCO to justify the processing of your personal information, which would otherwise be classed as unlawful. However, AGCO will always process your personal information as per the principles pursuant to the FADP.

The table below outlines the categories of Personal Information that AGCO may process and the purposes of processing Personal Information. Each purpose may use some or all of the categories of Personal Information. This does not mean that all of the Personal Information categories are used for every purpose. For information on how to contact AGCO with enquiries about which categories of Personal Information are used for specific purposes, please see the Contact Details section.

 

Categories of Personal Information Processed by or on behalf of AGCO

Purposes for which AGCO may Process your Personal Information

Personal Details:

Name; salutation, gender; photograph; video; date of birth; profession; business or employer; sector; vehicle registration number.

 

To verify your identity and ensure the security of your Personal Information.

To give effect to your legal rights and your rights under this Statement.

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To establish, exercise or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

To fulfil the terms of a contract between you and us.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

Contact details:

Email address; postal address; telephone number; fax number; customer ID.

 

To verify your identity and ensure the security of your Personal Information.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To send you communications regarding the administration of your accounts and the features of a Site, an App, or a Device.

To fulfil the terms of a contract between you and us.

To notify you about changes to a Site, an App, or a Device.

To give effect to your legal rights and your rights under this Statement.

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

Special Category Data and Sensitive Personal Information

AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. In the event that you provide, or AGCO incidentally collects or otherwise processes your Sensitive Personal Information, we will do so for the following reasons:

To fulfil the terms of a contract between you and us.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

 

Data relating to Sites or Apps:

Technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App, Device, usage statistics, settings, dates and times of connecting to the App, Site or a Device, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data including data volumes; aggregate statistical information.

 

To display the content of a Site, an App or a Device, and any customisations you may select.

To understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle).

To administer content, promotions, surveys or other features of a Site, an App, or a Device.

To improve our Sites or Apps.

To perform data analysis and other Processing (including trend analysis and financial analysis).

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

Machine Data:

Farm management data; land data; agronomic data; vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location.

 

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

Commercial data:

Financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests.

 

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

Marketing data:

Advertising interests; cookie data; clickstream data; browsing history; responses to customer satisfaction surveys and direct marketing; as well as opt-outs from direct marketing.

We maintain a suppression list in case you elect to opt out of direct marketing or otherwise exercise your data subjects’ rights. The suppression list is maintained for ten years to ensure we do not contact you should we receive your information from a third party.

To administer content, promotions, surveys or other features of a Site, an App, or a Device.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To comply with Applicable Laws and our other applicable policies.

 

 

Your Rights

Under certain circumstances, you have the following rights under Applicable Laws in relation to your personal information:

  • Right to Data Portability. You have the right to request your personal information, which you have knowingly provided and processed by AGCO, to be sent to you in a conventional electronic format. You may also request your personal information to be sent to a different controller.
  • Right to Request Correction of Incorrect Personal Data. Where your personal information has been identified as inaccurate, incomplete and/or outdated you have the right to request that AGCO takes all reasonable steps to rectify your personal information. You also have the right to request that any inaccurate, incomplete and/or outdated personal data is deleted or destroyed.
  • Right to Request a Specific Data Processing Activity be Prohibited. You may request that the disclosure of your personal information to third parties and/or specific data processing activity be prohibited. You may also request that AGCO mark any processing of your personal information as disputed.
  • Right to Request Deletion or Destruction of Personal Data. You have the right to request the deletion or removal of your personal information where there is no good reason for AGCO to continue to process it. You also have the right to request deletion or removal of your personal information where you have successfully exercised your right to object to processing (see below), where AGCO may have processed your information unlawfully or where AGCO are required to erase your personal information to comply with the law. Note, however, that AGCO may not always be able to comply with your request of destruction or deletion for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
  • Right to be Informed. AGCO will provide you with information on how your personal information is being processed, which will only be processed for a purpose that you can recognize.
  • AGCO will inform you if your personal information is subject to any decision made exclusively on automated processing which has a significant impact on you. AGCO will afford you the opportunity to express your views and if appropriate request that the automatic decision be reviewed by a human.
  • Right to Information. You have the right to submit a request to AGCO to ask whether your personal information is being processed by AGCO and if so, receive a copy of the same.
  • Objection to Processing of Personal Information. AGCO will only process your personal information as per the privacy principles outlined in the FADP and you have the right to object to AGCO processing the same.

International Transfers of Personal Information

Where Applicable Laws require an international transfer mechanism, we transfer your personal information on the basis of one or more of the following;

  • AGCO Binding Corporate Rules for transfers within AGCO.
  • Adequacy decisions as defined and maintained by the relevant Data Protection Authority.
  • Standard Contractual Clauses as defined and maintained by the appropriate Data Protection Authority.
  • Any other international transfer mechanisms available under Applicable Laws.

We may disclose your Personal Data to members of our corporate group, or our third-party service providers, located outside Switzerland.

Complaints

If you wish to report a violation of data protection regulations in Switzerland please contact:

Federal Data Protection and Information Commissioner (FDPIC)
Feldeggweg 1
CH – 3003 Bern

via their website at Contact (admin.ch) or the FDPIC hotline 058 462 43 95

9. Türkiye

General Conditions

Personal data processing in Türkiye is subject to the Personal Data Protection Law numbered 6698 ("KVKK Law"), and Personal Information shall only be processed in accordance with KVKK Law.

Data Controller and Representative

As per KVKK Law, AGCO may process your Personal Information within the below scope:

Purposes and legal grounds permitting the Processing of your Personal Information.

Your Personal Information may be collected by AGCO through different channels, including electronic and physical media, and may be processed domestically or abroad for the listed below in accordance with the personal data processing conditions specified in Articles 5 and 6 of Law No. 6698:

  • Carrying out the business activities and operational processes of AGCO and planning and execution of its commercial strategies;
  • Carrying out the necessary work by our relevant business units in order to realize the commercial activities carried out by AGCO, to benefit the relevant persons from the products and services offered, and to carry out the related processes;
  • Planning and execution of AGCO’s customer relationship management processes;
  • Planning and execution of AGCO’s processes, such as insurance, credit and finance;
  • Conducting effectiveness, efficiency or relevance analyses of business activities, monitoring customer demands and complaints and conducting customer satisfaction activities;
  • Ensuring that AGCO's activities are carried out in accordance with internal procedures or relevant legislation;
  • Fulfillment of our obligations arising from laws and regulations we are subject to, carrying out our financial, legal and accounting affairs;
  • Management of relations with business partners, suppliers and third parties to whom services are provided or from whom services are received, and ensuring the business and legal security of our Company and of the said persons;
  • Planning internal and external training activities, customer satisfaction and performance evaluation studies;
  • Planning and execution of logistics activities and ensuring the security of the company’s premises;
  • Ensuring the sustainability of the work and activities carried out on social platforms and online channels;
  • Sales, marketing and promotion processes of products and services, determination and customization of customer satisfaction, usage and service relating thereto;
  • Conducting profiling and analysis activities to include customers in campaigns and to inform them about campaigns.

Transfers of Personal Information

Your collected Personal Information may be transferred to our business partners, suppliers, shareholders, affiliates, legally authorized public institutions and organizations, private persons, and third parties in Türkiye and abroad within the framework of the personal data processing conditions and purposes specified in Articles 8 and 9 of Law No. 6698 for the above-mentioned purposes, and this data may be processed domestically or abroad.

Your Rights: Rights of the Personal Information Owner listed in Article 11 of Law No. 6698

As the owner of Personal Information, you have the right to submit requests regarding your rights to AGCO. In such case, AGCO will address your request free of charge as soon as possible and within thirty days at the latest, depending on the nature of the request. However, if such effort requires AGCO to incur an additional cost, AGCO will charge for such effort the fee in the tariff determined by the Personal Data Protection Board.

In this context, Personal Information owners have the following rights:

  • To learn whether their Personal Information is being processed,
  • To request further information if their Personal Information has been processed,
  • To learn the purpose of the processing of Personal Information and whether they are used for their intended purpose,
  • To know the third parties to whom Personal Information is transferred domestically or abroad,
  • To request correction of Personal Information in case of incomplete or incorrect processing and to request notification of the transaction made within this scope to third parties to whom Personal Information is transferred,
  • Although it has been processed in accordance with the provisions of Law No. 6698 and other relevant laws, to request the deletion or destruction of Personal Information in the event that the reasons requiring its processing disappear and to request notification of the transaction made within this scope to third parties to whom personal data is transferred,
  • To object to the emergence of a result to the detriment of the person themself by analyzing processed data exclusively through automated systems,
  • In case of damage due to unlawful processing of Personal Information, the right to demand compensation for the damage.

To exercise your rights listed above, you may contact:

 

AGCO Tarım Makineleri Ticaret L.Ş.
Gebze OSB, Gençlik Cad,
Tembelova Area, No: 3001, Gebze, Kocaeli

e-mail: Privacy@AGCOcorp.com

10. United States of America

Notice at Collection

Under U.S. State Applicable Laws, consumers in the United States of America may be entitled to certain notices and disclosures regarding the collection and use of their Personal Information. This section is intended to provide the Notice required under the Applicable Laws.

While we do not sell Personal Information for monetary value, we may disclose Personal Information to third parties, such as our dealers, in such a way that may be considered a sale of Personal Information under the California Consumer Privacy Act as amended (CCPA). To stop such sales or the sharing of Personal Information, see Do Not Sell or Share My Personal Information.

Categories of Personal Information and the purposes for their collection.

California law requires that we detail the categories of Personal Information that we disclose for certain “business purposes.”

The table below outlines the categories of Personal Information that AGCO may process and the purposes of processing Personal Information. Each purpose may use some or all of the categories of Personal Information. This does not mean that all of the Personal Information categories are used for every purpose. For information on how to contact AGCO with enquiries about which categories of Personal Information are used for specific purposes, please see the Contact Details section.

 

Categories of Personal Information Processed by or on behalf of AGCO

Purposes for which AGCO may Process your Personal Information

Personal Details:

Name; salutation, gender; photograph; video; date of birth; profession; business or employer; sector; vehicle registration number.

 

To verify your identity and ensure the security of your Personal Information.

To give effect to your legal rights and your rights under this Statement.

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To establish, exercise or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

To fulfil the terms of a contract between you and us.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

Contact details:

Email address; postal address; telephone number; fax number; customer ID.

 

To verify your identity and ensure the security of your Personal Information.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To send you communications regarding the administration of your accounts and the features of a Site, an App, or a Device.

To fulfil the terms of a contract between you and us.

To notify you about changes to a Site, an App, or a Device.

To give effect to your legal rights and your rights under this Statement.

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

Special Category Data and Sensitive Personal Information

AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. In the event that you provide, or AGCO incidentally collects or otherwise processes your Sensitive Personal Information, we will do so for the following reasons:

To fulfil the terms of a contract between you and us.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

Data relating to Sites or Apps:

Technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App, Device, usage statistics, settings, dates and times of connecting to the App, Site or a Device, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data including data volumes; aggregate statistical information.

 

To display the content of a Site, an App or a Device, and any customisations you may select.

To understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle).

To administer content, promotions, surveys or other features of a Site, an App, or a Device.

To improve our Sites or Apps.

To perform data analysis and other Processing (including trend analysis and financial analysis).

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

Machine Data:

Farm management data; land data; agronomic data; vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location.

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

 

Commercial data:

Financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

Marketing data:

Advertising interests; cookie data; clickstream data; browsing history; responses to customer satisfaction surveys and direct marketing; as well as opt-outs from direct marketing.

We maintain a suppression list in case you elect to opt out of direct marketing or otherwise exercise your data subjects’ rights. The suppression list is maintained for ten years to ensure we do not contact you should we receive your information from a third party.

To administer content, promotions, surveys or other features of a Site, an App, or a Device.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To comply with Applicable Laws and our other applicable policies.

 

 

Your Rights

Depending on which U.S. State you reside in, State Law provides you with specific rights regarding your Personal Information. This section describes the rights you may have and explains how to exercise those rights. This section addresses:

  • Right to Know
  • Right to Delete
  • Exercising Rights to Know and Delete
  • Right to Opt-Out of Sale of Personal Information: Do Not Sell My Personal Information
  • Right of Non-Discrimination
  • Right to Limit Use of Sensitive Personal Information
Right to Know

You may have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months, including what Personal Information we collect, use, disclose and sell. Once we receive and confirm your verifiable consumer request (see “Exercising Rights to Know and Delete” below), we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or selling that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you.
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
    • sales, identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

We do not provide the rights above under “Right to Know” for B2B Personal Information.

Right to Delete

You may have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Rights to Know and Delete” below), we will delete (and direct our service providers to delete) your Personal Information from our records unless an exception applies. We may deny your deletion request, in whole or in part, if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfil the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and Privacy Laws when the information's deletion may likely render impossible or seriously impair the research's achievement if you previously provided informed consent
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us, such as future field campaigns or product safety issues.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B Personal Information.

Exercising Rights to Know and Delete

To exercise the Rights to Know and Delete as described above, please submit a verifiable consumer request to us by either:

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only exercise the Right to Know twice within a 12-month period.

Right to Opt-Out of Sale of Personal Information

While we do not disclose Personal Information to any third party for monetary consideration, we do provide Personal Information to our authorized dealers, and we may receive certain non-monetary benefits as a result. Such disclosure may be considered a “sale” under applicable State law in some circumstances.

Our websites and products are not intended for minors, and we do not target minors. We do not have actual knowledge that we sell the Personal Information of minors under the age of 16. If you are 16 years of age or older, you have the right to direct us not to sell your Personal Information at any time (the "Right to Opt-Out"). To exercise the Right to Opt-Out, you (or your authorized representative) may submit a request to us by visiting Data Subject Rights Form.

You are welcome to change your mind and opt back in at any time. We may not request that you change your mind for at least 12 months after you opt out.

Right of Non-Discrimination 

You may have the right not to receive discriminatory treatment for exercising any of your rights. Unless permitted by the applicable State law, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties.
  • Provide you with a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the applicable State law that can result in different prices, rates, or quality levels. Any State law-permitted financial incentive we offer will reasonably relate to the value of your Personal Information and contain written terms that describe the program's material aspects that would be separately provided. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Right of Limit Use of Sensitive Personal Information 

You may have the right to direct us to limit the use of your sensitive personal information to the following types of activities in accordance with applicable State Laws;

  • Perform the services or provide the goods you reasonably expect.
  • Help ensure the security and integrity of our services, systems, and data.
  • To prevent malicious, deceptive, fraudulent, or illegal acts, and to protect the physical safety of individuals to the extent that the processing is reasonably necessary and proportionate.
  • Collect or process sensitive personal information where the collection or processing is not for inferring characteristics about the individual.
  • Any other activities in accordance with current or future regulations that are issued pursuant to applicable State Laws.

Authorized Agent Requirements

Under applicable State law, a consumer may use an authorized agent to make a privacy request on the consumer’s behalf. To make a request on behalf of a consumer, the authorized agent must first provide a copy of either (a) a letter signed by the customer authorizing the agent to submit a request on his or her behalf or (b) a valid power of attorney issued pursuant to applicable State law. An authorized agent must email one of these documents to Privacy@agcocorp.com and include a telephone number where the agent may be reached during regular business hours. We may deny agent-based requests submitted without the required proof of authorization.

If you authorize an agent to make a verified request on your behalf, we may require that you:

  • Directly verify your own identity with us, and
  • Directly confirm that you authorized the agent to act on your behalf.

Household Requests

Under applicable State law, all members of a household may have the right to jointly request access to specific pieces of Personal Information for the household or the deletion of all household Personal Information. To make a household request, each member of the household must first submit a Right to Know or Right to Delete Request on an individual basis (see ‘Exercising Rights to Know and Delete’ above). After submitting the individual requests, each member must email Privacy@AGCOcorp.com and request that their Right to Know and Right to Delete requests be combined with the other members of their household. Each email must include the names of every person in the household and the reference number for each member’s individual Access or Deletion request. If we do not receive an email request from every household member within 7 days of the date on which the first request was submitted, or if we cannot verify any household member’s identity, the household request will not be processed, and we will instead process each verified request on an individual basis.

Verification of Requests

When a request is made, you must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We may first take steps to verify your identity to protect your privacy and security by asking you to provide information that matches the information in our records. We may also require a declaration, signed under penalty of perjury, that you are the person whose Personal Information is the subject of the request. Further, if you designate an authorized agent to make a request on your behalf, you will have to submit information confirming such designation. See below regarding authorized agents. Subject to Applicable Laws, we will not act upon a request until your identity has been sufficiently verified.

A record concerning the requests may be maintained pursuant to our legal obligations.

To verify your request, we may ask you for the following information:

  • Your Name
  • Your Address
  • Your Email Address
  • Your Telephone Number
  • Additional information depending upon the type of request and the sensitivity of the information. For example, to verify a Request to Delete or Request to Know specific information, we may require that you provide information about a transaction or product, such as the serial number of a piece of equipment or information about an interaction with us.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we may consider requests made through your password-protected account sufficiently verified when the request relates to Personal Information associated with that specific account, provided the functionality is available.

We endeavor to fulfil a verifiable consumer request exercising the Rights to Know and Delete within 45 days of its receipt. If we require more time, we will inform you in writing of the reason and the extension period.

If you have an account with us, we may deliver our written response to your request to that account, provided that such functionality is available. If you do not have an account with us, or the functionality is not available for your account, we will deliver our written response by mail or electronically, at your option, in our standard format.

Any disclosures we provide under the Right to Know will only cover the 12-month period preceding the date we received the verifiable consumer request. The response we provide with respect to the right to know or deletion will also explain the reasons we cannot comply with a request, if applicable.

We do not plan to charge a fee to process or respond to requests exercising the Rights to Know and Delete but reserve the right to do so if excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

11. United Kingdom

Categories, purposes, and legal grounds permitting the Processing of your Personal Information.

The table below outlines the categories, purposes, and legal grounds permitting the Processing of your Personal Information. Each purpose may use some or all of the categories of Personal Information and may have more than one legal ground permitting the Processing of that Personal Information. This does not mean that all of the Personal Information categories are used for every purpose or legal ground. For information on how to contact AGCO with enquiries about which categories of Personal Information are used for specific purposes, please see the Contact Details section.

 

Categories of Personal Information Processed by or on behalf of AGCO

Purposes for which AGCO may Process your Personal Information

Legal Grounds for Processing Personal Information

Personal Details:

Name; salutation, gender; photograph; video; date of birth; profession; business or employer; sector; vehicle registration number.

 

To verify your identity and ensure the security of your Personal Information.

To give effect to your legal rights and your rights under this Statement.

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To establish, exercise or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

To fulfil the terms of a contract between you and us.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

We have obtained your prior express consent to the Processing.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is necessary to protect the vital interests of any individual.

The Processing is required by Applicable Laws.

The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms.

Any other lawful basis available under Applicable Laws.

Contact details:

Email address; postal address; telephone number; fax number; customer ID.

 

To verify your identity and ensure the security of your Personal Information.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To send you communications regarding the administration of your accounts and the features of a Site, an App, or a Device.

To fulfil the terms of a contract between you and us.

To notify you about changes to a Site, an App, or a Device.

To give effect to your legal rights and your rights under this Statement.

To protect against fraud, identity theft, and any other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

We have obtained your prior express consent to the Processing.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is necessary to protect the vital interests of any individual.

The Processing is required by Applicable Laws.

The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms.

Any other lawful basis available under Applicable Laws.

Special Category Data and Sensitive Personal Information

AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. In the event that you provide, or AGCO incidentally collects or otherwise processes your Sensitive Personal Information, we will do so for the following reasons:

To fulfil the terms of a contract between you and us.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

We have obtained your prior express consent to the Processing.

The Processing is necessary for the establishment, exercise or defence of legal claims.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Data relating to Sites or Apps:

Technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App, Device, usage statistics, settings, dates and times of connecting to the App, Site or a Device, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data including data volumes; aggregate statistical information.

 

To display the content of a Site, an App or a Device, and any customisations you may select.

To understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle).

To administer content, promotions, surveys or other features of a Site, an App, or a Device.

To improve our Sites or Apps.

To perform data analysis and other Processing (including trend analysis and financial analysis).

To protect against fraud, identity theft, and other unlawful activity.

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Machine Data:

Farm management data; land data; agronomic data; vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location.

 

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

 

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Commercial data:

Financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests.

 

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To establish or exercise AGCO’s legal rights or defend legal claims.

To comply with Applicable Laws and our other applicable policies.

 

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

The Processing is necessary to protect the vital interests of any individual.

The Processing is required by Applicable Laws.

Any other lawful basis available under Applicable Laws.

Marketing data:

Advertising interests; cookie data; clickstream data; browsing history; responses to customer satisfaction surveys and direct marketing; as well as opt-outs from direct marketing.

We maintain a suppression list in case you elect to opt out of direct marketing or otherwise exercise your data subjects’ rights. The suppression list is maintained for ten years to ensure we do not contact you should we receive your information from a third party.

 

To administer content, promotions, surveys or other features of a Site, an App, or a Device.

To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing.

To perform data analysis and other Processing (including trend analysis, modelling and financial analysis).

To comply with Applicable Laws and our other applicable policies.

 

We have obtained your prior express consent to the Processing.

We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests.

The Processing is necessary in connection with a contract entered into with you or for your benefit.

Any other lawful basis available under Applicable Laws.

 

Your Rights

Under certain circumstances, you have the following rights under Applicable Laws in relation to your personal information:

  • Notification that your personal information is being collected. When your personal information is collected, you have the right to be informed that your information is collected and where the information is not collected from you, you have the right to be informed of the source from whom/which it is collected.
  • Request access to your personal information. You have the right to confirm, free of charge, whether or not AGCO holds any of your personal information, and to the extent that AGCO does hold your information, to request a copy or description of that record. You will be required to provide adequate proof of your identity so that AGCO can confirm your identity and ensure your right to access your personal information. AGCO may need to request other specific information from you to help process your request. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. AGCO may also contact you to ask you for further information in relation to your request to speed up our response.
  • Request correction of your personal information. You have the right to request rectification or deletion of your personal information where it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.
  • Request the destruction or deletion of your personal information. You have the right to request the deletion or removal of your personal information where there is no good reason for AGCO to continue to process it. You also have the right to request deletion or removal of your personal information where you have successfully exercised your right to object to processing (see below), where AGCO may have processed your information unlawfully or where AGCO are required to erase your personal information to comply with the law. Note, however, that AGCO may not always be able to comply with your request of destruction or deletion for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal information. You have the right to object to AGCO’s processing of your personal information where AGCO are relying on a legitimate interest (or those of a third party), and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where AGCO are processing your personal information for direct marketing purposes. In some cases, AGCO may demonstrate compelling legitimate grounds to process your information, which overrides your right to object to processing.
  • Request restriction of processing your personal information. This enables you to ask AGCO to suspend the processing of your personal information in the following scenarios:
    • If you want AGCO to establish the information’s accuracy.
    • AGCO no longer needs the information for the purpose for which the information was initially collected, but AGCO needs it for purposes of proof.
    • Where AGCO’s use of the information is unlawful, but you do not want AGCO to erase it.
    • If you want AGCO to transmit your personal information to another automated processing system.
  • Withdraw consent. You have the right to withdraw your consent at any time where AGCO are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, AGCO may not be able to provide certain products or services to you. AGCO will advise you if this is the case at the time you withdraw your consent.
  • Submit a complaint to the relevant Data Protection Authority (see below for more details).

Complaints

If you wish to exercise your right to lodge a complaint to the Data Protection Authority, please contact The Information Commissioner’s Office through their website at https://ico.org.uk/, by phone on 03031231113 or in writing to Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

In this Statement, capitalized terms have the following meanings:

Applicable Laws means all laws, statutes or regulations applicable to the respective AGCO affiliate(s).

Data Protection Authority means an independent public authority that is legally tasked with overseeing compliance with Data Protection Laws.

Data Protection Laws means all Applicable Laws relating to the Processing of Personal Information.

Machine Data means any data that has been generated and/or collected from your machinery generated by, collected by, or stored in machinery or any hardware or device interfacing with the machinery, whether by means of telemetry or otherwise. Machine Data may include elements of Personal Information.

Personal Information means any information relating to an identified or identifiable natural person that is protected under privacy or data protection provisions in Applicable Laws.

Process or Processing means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, including but not limited to: collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

Sensitive Personal Information means any information relating to an identified or identifiable natural person that has special protections under privacy or data protection provisions in Applicable Laws.

AGCO BINDING CORPORATE RULES