Binding Corporate Rules

AGCO Group Binding Corporate Rules

1. Scope and purpose

1.1 AGCO Corporation and its global affiliated companies (the AGCO Group ) use of Personal Data is fundamental to various aspects of AGCO Group s global operations which include manufacturing, distribution, sales and marketing, human resources, research and development, services, and supply chain.

1.2 The purpose of these Binding Corporate Rules ( BCRs ) is to ensure that the AGCO Group provides an adequate level of protection for Processing of all Personal Data which is;

subject to the EEA Data Protection Laws and Regulations; and
transferred directly or indirectly from an AGCO Group affiliated company within the EEA to AGCO and/or an AGCO Group affiliated company outside the EEA and not in a country recognised by the EU Commission as ensuring an adequate level of protection;

subject to the Swiss Data Protection Laws and Regulations; and
transferred directly or indirectly from an AGCO Group affiliated company within Switzerland to AGCO and/or an AGCO Group affiliated company outside Switzerland and not in a country recognised by the ED B (Eidgen ssischer Datenschutz- und ffentlichkeitsbeauftragter) as ensuring an adequate level of protection.

These BCRs shall be read and interpreted in accordance with the purpose set out in this section 1.2.

1.3 These BCRs will apply globally to the extent set out in clause 1.2 and in all cases where the AGCO Group transfers and/or processes Personal Data both manually and by automated means, and whether the Personal Data relates to AGCO Group employees, contractors, business contacts, customers, or third parties. The AGCO Group and AGCO Group employees must comply with these BCRs. To the extent that AGCO Group transfers Personal Data to which these BCRs apply according to clause 1.2, to third party service providers, suppliers and vendors, the AGCO Group shall undertake to ensure the adequate level of protection of such onward transfers by adequate contractual means in accordance with section 9. The types of Processing activities the AGCO Group carry out are collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction amongst others. The categories of Personal Data are set forth in Schedule 1.

1.4 The AGCO Group Controllers will always comply and demonstrate compliance with all applicable Data Protection Laws and will ensure that the transfer and/or Processing of Personal Data is carried out in accordance with such applicable Data Protection Laws, including maintenance of a record of all categories of Processing activities carried out in line with requirements in the applicable Data Protection Laws. Where there are no such Data Protection Laws or the relevant Data Protection Laws do not meet the standards set out in these BCRs, AGCO Group will transfer and/or process Personal Data in compliance with these BCRs.

1.5 Where Personal Data is processed by an AGCO Group member outside the EEA or Switzerland, the Data Protection Laws of the Data Exporter will be applicable to the Processing by the Data Importer.

1.6 AGCO Group has delegated data protection responsibilities in the EEA and Switzerland to AGCO SAS, and AGCO SAS is responsible for ensuring compliance by the AGCO Group with these BCRs.

1.7 A Data Subject can enforce these BCRs against AGCO SAS as a third-party beneficiary as described in section 15.4.

Definitions

2.1 In these BCRs:

AGCO means AGCO Corporation, a Delaware Corporation with its global headquarters at 4205 River Green Parkway, Duluth, Georgia 30096, United States.

AGCO Group means AGCO and its majority owned affiliated companies as set forth in Appendix 1

AGCO s Internal Audit Department (IA) means the team responsible for analysing and assessing processes and systems for efficiencies.

AGCO SAS means an affiliated company of AGCO incorporated in France under registration number 317 358 380 RCS Beauvais with its registered office at 41 Avenue Blaise Pascal, B.P. 60307, 60026 Beauvais Cedex, France, and having delegated authority from AGCO to ensure compliance with these BCRs by AGCO Group.

BCR Lead Authority means the Bayerisches Landesamt fur Datenschutzaufsicht, Promenade 27, 91522 Ansbach (Germany)

BCR Members means the AGCO Group companies party to these BCRs.

Chief Data Privacy Officer / CDPO means the person in AGCO responsible for data governance system and data protection globally and holding the office of General Counsel & Corporate Secretary.

Consent of the Data Subject means any freely given specific, informed, and unambiguous indication of the Data Subject s wishes, either by a statement or a clear affirmative action, by which the Data Subject signifies agreement to the Processing of Personal Data relating to him or her.

Controller means the natural or legal person, public authority, agency, organisation, or any other body which alone or jointly with others determines the purposes and means of the Processing of Personal Data. Controller must exercise control over the Processing and carry data protection responsibility for it.

Data Exporter means a BCR Member established in the EEA or Switzerland that directly or indirectly transfers Personal Data to a BCR Member not established in the EEA or Switzerland.

Data Importer means a BCR Member not established in the EEA or Switzerland that directly or indirectly receives Personal Data from a BCR Member established in the EEA or Switzerland.

Data Protection Authority ( DPA ) means the relevant public authorities in each country in the EEA and Switzerland that are responsible for monitoring the application within such country of the EEA and Swiss Data Protection Laws and Regulations..

Data Protection Impact Assessment means an assessment of the impact of the envisaged Processing operations on the protection of Personal Data that Controller shall carry out prior to commencing Processing activity that is likely to result in a high risk to the rights and freedoms of natural persons.

Data Protection Laws means the EEA and Swiss Data Protection Laws and Regulations, and any essentially equivalent Third Country legislation relating to Personal Data, including regulatory requirements, guidance, and codes of practice issued by the relevant Data Protection Authorities, and supervisory bodies in Third Countries (if the latter is in conflict with the commitments in these BCRs.).

Data Subject means an identified or identifiable natural person whose Personal Data is transferred and/or processed within the scope of section 1.2. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the physical, physiological, mental, economic, cultural, or social identity.

EEA means the member states of the European Union (EU) and the other signatories to the Treaty on the European Economic Area (EEA).

EEA and Swiss Data Protection Laws and Regulations means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC ( GDPR ) as well as the Data Protection Laws in the EEA country where the relevant Controller is located, and the Federal Act on Data Protection (Data Protection Act, FADP) of 25 September 2020 the Federal Assembly of the Swiss Confederation, on the basis of Articles 95 paragraph 1, 97 paragraph 1, 122 paragraph 1 and 173 paragraph 2 of the Federal Constitution, and having considered the Federal Council dispatch dated 15 September 2017 ( nFADP ).

Exporter means a company based in the EEA or Switzerland that as Controller transfers Personal Data to another company based in a country that does not provide an adequate level of protection (GDPR Article 45, Art. 6 (1) DSG Swiss Federal Data Protection Act - Bundesgesetz ber den Datenschutz).

Global Compliance Team means AGCO s internal team responsible for data protection.

Liable BCR Member means AGCO SAS.

Member State means a state that is part of the European Union (EU) and other states that are signatories to Treaty on the European Economic Area (EEA)

Personal Data means any information relating to a Data Subject whose Personal Data is transferred and/or processed within the scope of clause 1.2.

Personal Data Breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored, or otherwise processed.

Processing of Personal Data means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as 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.

Processor means a natural or legal person, public authority, agency, or any other body which processes Personal Data on behalf of the Controller. For clarity, an employee of a Processor is not considered themself to be a separate Processor.

Special Categories of Personal Data means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and data concerning health or sex life or sexual orientation as well as genetic data and biometric data for the purpose of uniquely identifying a natural person.

Supervisory Authority means an independent public authority which is established by an EEA Member State.

Third Country means any country that does not fall within the definition of EEA except Switzerland.

Third-Party Controller means any Controller which is not an AGCO Group affiliated company Controller.

Third-Party Processor means any Processor which is not an AGCO Group affiliated company Processor.

Data transfers and Processing

3.1 The AGCO Group will transfer and/or process Personal Data fairly and lawfully and will collect Personal Data only for specified, explicit and legitimate purposes. The AGCO Group will provide fair information to make Data Subjects aware of such purposes at the time when Personal Data is obtained.

3.2 Where the Processing for a purpose other than that for which the Personal Data have been collected is not based on the Data Subject s Consent or on an EEA or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in GDPR Article 23 (1), AGCO Group shall, in order to ascertain whether Processing for any other purpose is compatible with the purpose for which the Personal Data are initially collected, take into account, inter alia:

a) any link between the purposes for which the Personal Data have been collected and the purposes of the intended further Processing;

b) the context in which the Personal Data have been collected, in particular regarding the relationship between Data Subjects and the Controller;

c) the nature of the Personal Data, in particular whether Special Categories of Personal Data are processed, pursuant to GDPR Article 9, or whether Personal Data related to criminal convictions and offences are processed, pursuant to GDPR Article 10;

d) the possible consequences of the intended further Processing for Data Subjects;

e) the existence of appropriate safeguards, which may include encryption or pseudonymisation.

3.3 Personal Data will be processed based on the following grounds:

Data Subject has given Consent to the Processing of their Personal Data for one or more specific purposes, or;
Processing is necessary for:
- the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract or;
- compliance with an EEA, Swiss, or essentially equivalent legal obligation to which the Controller is subject or;
- protecting the vital interests of the Data Subject or of another natural person or;
- the performance of a task carried out in the public interest (as understood in the EEA/Switzerland or essentially equivalent to the EEA/Switzerland) or in the exercise of official authority vested in the Controller or;
- the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject which require protection of Personal Data, in particular where the Data Subject is a child.

3.4 Special Categories of Personal Data will only be processed if one of the legal grounds specified in 3.3 applies and one or more of the following applies:

the Data Subject has given explicit Consent to the Processing of those Personal Data for one or more specified purposes, except where EEA or Member State law or Swiss law provide that the prohibition referred to in GDPR Article 9 (1) may not be lifted by the Data Subject;
Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the Controller or of the Data Subject in the field of employment and social security and social protection law insofar as it is authorised by EEA or Member State law, or Swiss law, or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the Data Subject, or Swiss law;
Processing is necessary to protect the vital interests of the Data Subject or of another natural person where the Data Subject is physically or legally incapable of giving Consent;
Processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the Processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the Personal Data are not disclosed outside that body without the Consent of the Data Subjects;
Processing relates to Personal Data which are manifestly made public by the Data Subject;
Processing is necessary for the establishment, exercise, or defence of legal claims or whenever courts are acting in their judicial capacity;
Processing is necessary for reasons of substantial public interest, on the basis of EEA or Member State law, or Swiss law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the Data Subject;
Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of EEA or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in GDPR Article 9 paragraph 3, or Swiss law;
Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EEA or Member State law, or Swiss law which provides for suitable and specific measures to safeguard the rights and freedoms of the Data Subject, in particular professional secrecy; or
Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with GDPR Article 89(1) based on EEA or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the Data Subject, or Swiss law.

3.5 Personal Data relating to criminal convictions and offences or related security measures will only be processed when one or more the following applies:

under the control of EEA or Swiss official authority;
when the Processing is authorised by EEA or Member State law providing for appropriate safeguards for the rights and freedoms of Data Subjects.

Accuracy, quality & retention of Personal Data, privacy by design & default

4.1 The AGCO Group will ensure that Personal Data:

4.1.1 is kept accurate and up to date and will actively encourage Data Subjects to inform AGCO Group when their Personal Data changes;

4.1.2 is adequate, relevant, and limited to what is necessary to properly fulfil the purpose for which that Personal Data was collected; and

4.1.3 is only kept for as long as is necessary for the purpose or purposes for which that Personal Data was collected.

4.2 Taking into account the state of the art, implementation costs, and the nature, scope, context, and purposes of Processing, as well as risks to individuals rights and freedoms, AGCO Group shall implement appropriate technical and organisational measures to embed data‑protection principles by design and by default. Such measures, including pseudonymisation, must ensure that only Personal Data necessary for each specific purpose are processed, covering the amount collected, the extent of Processing, storage duration, and accessibility. By default, Personal Data shall not be made accessible to an indefinite number of persons without the individual s intervention, in compliance with applicable Data Protection Laws.

Availability and transparency

5.1 These BCRs will be made available in full on AGCO s internal policies page and made public in full on http://www.agcocorp.com/privacy.html.

Data Subjects rights

6.1 Transparent information, communication, and modalities for the exercise of the rights of the Data Subject (GDPR Art.12)

6.1.1 AGCO Group shall take appropriate measures to provide any information referred to in clauses 6.2 and 6.3 and any communication under clauses 6.4 to 6.11 and 8.3 relating to Processing to the Data Subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the Data Subject, the information may be provided orally, provided that the identity of the Data Subject is proven by other means.

6.1.2 AGCO Group shall facilitate the exercise of Data Subject rights under clauses 6.4 to 6.11. In the cases referred to in GDPR Article 11 (2) (Processing which does not require identification), AGCO Group shall not refuse to act on the request of the Data Subject for exercising his or her rights under clauses 6.4 to 6.11, unless AGCO Group demonstrates that it is not in a position to identify the Data Subject.

6.1.3 AGCO Group shall provide information on action taken on a request under clauses 6.4 to 6.11 to the Data Subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. AGCO Group shall inform the Data Subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the Data Subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the Data Subject.

6.1.4 If AGCO Group does not take action on the request of the Data Subject, AGCO Group shall inform the Data Subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a DPA and seeking a judicial remedy.

6.1.5 Information provided under clauses 6.2 and 6.3 and any communication and any actions taken under clauses 6.4 to 6.11 and 8.3 shall be provided free of charge. Where requests from a Data Subject are manifestly unfounded or excessive, in particular because of their repetitive character, AGCO Group may either:

charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
refuse to act on the request.

AGCO Group shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.

6.1.6 Without prejudice to GDPR Article 11, where AGCO Group has reasonable doubts concerning the identity of the natural person making the request referred to in clauses 6.4 to 6.10, AGCO Group may request the provision of additional information necessary to confirm the identity of the Data Subject

6.2 Information to be provided where Personal Data are collected from the Data Subject (GDPR Art. 13)

6.2.1 When Personal Data is collected directly from the Data Subject, the fair information includes that before their Personal Data is processed Data Subjects will be given the following information:

the identity and the contact details of the Controller and, where applicable, of the Controller's EEA and Swiss representative AGCO SAS;
the contact details of the Chief Data Privacy Officer (CDPO), where applicable;
the purposes of the Processing for which the Personal Data are intended as well as the legal basis for the Processing;
where the Processing is based on point (f) of Article 6(1) of the GDPR, (the legitimate interests pursued by the Controller or by a Third-Party Controller);
the recipients or categories of recipients of the Personal Data, if any;
where applicable, the fact that the Controller intends to transfer Personal Data to a Third Country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in GDPR Article 46 or 47, or the second subparagraph of GDPR Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.

6.2.2 In addition to the information referred to above in clause 6.2.1, the Controller shall, at the time when Personal Data are obtained, provide the Data Subject with the following further information necessary to ensure fair and transparent Processing:

the period for which the Personal Data will be stored, or if that is not possible, the criteria used to determine that period;
the existence of the right to request from the Controller access to and rectification or erasure of Personal Data or restriction of Processing concerning the Data Subject or to object to Processing as well as the right to data portability;
where the Processing is based on Data Subject s explicit Consent, the existence of the right to withdraw Consent at any time, without affecting the lawfulness of Processing based on Consent before its withdrawal;
the right to lodge a complaint with a DPA;
whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the Data Subject is obliged to provide the Personal Data and of the possible consequences of failure to provide such data;
the existence of automated decision-making, including profiling, referred to in GDPR Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such Processing for the Data Subject.

6.2.3 Where the Controller intends to further process the Personal Data for a purpose other than that for which the Personal Data were collected, the Controller shall provide the Data Subject, prior to that further Processing, with information on that other purpose and with any relevant further information.

6.2.4 Clauses 6.2.1, 6.2.2, and 6.2.3 shall not apply where and insofar as the Data Subject already has the information.

6.3 Information to be provided where Personal Data have not been obtained from the Data Subject (GDPR Art. 14)

6.3.1 When Personal Data have not been obtained from the Data Subject, the fair information includes that before their Personal Data is processed Data Subjects will be given the following information:

the identity and the contact details of the Controller and, where applicable, of the Controller's EEA and Swiss representative AGCO SAS;
the contact details of the CDPO, where applicable;
the purposes of the Processing for which the Personal Data are intended as well as the legal basis for the Processing;
the categories of Personal Data concerned;
the recipients or categories of recipients of the Personal Data, if any;
where applicable, that the Controller intends to transfer Personal Data to a recipient in a Third Country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in GDPR Article 46 or 47, or the second subparagraph of GDPR Article 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available.

6.3.2 In addition to the information referred to above in clause 6.3.1, the Controller shall provide the Data Subject with the following information necessary to ensure fair and transparent Processing in respect of the Data Subject:

the period for which the Personal Data will be stored, or if that is not possible, the criteria used to determine that period;
where the Processing is based on point (f) of GDPR Article 6(1), (the legitimate interests pursued by the Controller or by a Third-Party Controller);
the existence of the right to request from the Controller access to and rectification or erasure of Personal Data or restriction of Processing concerning the Data Subject and to object to Processing as well as the right to data portability;
where Processing is based on Data Subject s explicit Consent, the existence of the right to withdraw Consent at any time, without affecting the lawfulness of Processing based on Consent before its withdrawal;
the right to lodge a complaint with a DPA;
from which source the Personal Data originate, and if applicable, whether it came from publicly accessible sources;
the existence of automated decision-making, including profiling, referred to in GDPR Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such Processing for the Data Subject.

6.3.3 The Controller shall provide the information referred to in clauses 6.3.1 and 6.3.2 above:

within a reasonable period after obtaining the Personal Data, but at the latest within one month, having regard to the specific circumstances in which the Personal Data are processed;
if the Personal Data are to be used for communication with the Data Subject, at the latest at the time of the first communication to that Data Subject; or
if a disclosure to another recipient is envisaged, at the latest when the Personal Data are first disclosed.

6.3.4 Where the Controller intends to further process the Personal Data for a purpose other than that for which the Personal Data were obtained, the Controller shall provide the Data Subject prior to that further Processing with information on that other purpose and with any relevant further information as referred to above.

6.3.5 Clauses 6.3.1, 6.3.2, 6.3.3, and 6.3.4 shall not apply where and insofar as:

the Data Subject already has the information;
the provision of such information proves impossible or would involve a disproportionate effort;
the Processing is for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in GDPR Article 89(1)
obtaining or disclosure is expressly laid down by EEA or Member State law or Swiss law to which the Controller is subject, and which provides appropriate measures to protect the Data Subject's legitimate interests; or
where the Personal Data must remain confidential subject to an obligation of professional secrecy regulated by EEA or Member State law or Swiss law, including a statutory obligation of secrecy.

6.4 Right of access by the Data Subject (GDPR Art.15)

6.4.1 Data Subjects have the right to obtain from AGCO Group confirmation as to whether or not Personal Data concerning him or her are being processed, and, where that is the case, access to the Personal Data and the following information:

a) the purposes of the Processing;

b) the categories of Personal Data concerned;

c) the recipients or categories of recipient to whom the Personal Data have been or will be disclosed, in particular recipients in Third Countries or international organisations;

d) where possible, the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period;

e) the existence of the right to request from AGCO Group rectification or erasure of Personal Data or restriction of Processing of Personal Data concerning the Data Subject or to object to such Processing;

f) the right to lodge a complaint with a DPA;

g) where the Personal Data are not collected from the Data Subject, any available information as to their source;

h) the existence of automated decision-making, including profiling, referred to in GDPR Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such Processing for the Data Subject.

6.4.2 Where Personal Data are transferred to a Third Country or to an international organisation, the Data Subject shall have the right to be informed of the appropriate safeguards pursuant to GDPR Article 46 relating to the transfer.

6.4.3 AGCO Group shall provide a copy of the Personal Data undergoing Processing. For any further copies requested by the Data Subject, AGCO Group may charge a reasonable fee based on administrative costs. Where the Data Subject makes the request by electronic means, and unless otherwise requested by the Data Subject, the information shall be provided in a commonly used electronic form.

6.4.4 The right to obtain a copy referred to in clause 6.4.3 shall not adversely affect the rights and freedoms of others.

6.5 Right to rectification (GDPR Art.16)

6.5.1 The Data Subject shall have the right to obtain from AGCO Group without undue delay the rectification of inaccurate Personal Data concerning the Data Subject. Taking into account the purposes of the Processing, the Data Subject shall have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.

6.6 Right to erasure ( right to be forgotten ) (GDPR Art.17)

6.6.1 The Data Subject shall have the right to obtain from AGCO Group the erasure of Personal Data concerning the Data Subject without undue delay and AGCO Group shall have the obligation to erase Personal Data without undue delay where one of the following grounds applies:

a) the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

b) the Data Subject withdraws Consent on which the Processing is based according to point (a) of GDPR Article 6(1) ( Consent ), or point (a) of GDPR Article 9(2) ( explicit Consent ), and where there is no other legal ground for the Processing;

c) the Data Subject objects to the Processing pursuant to GDPR Article 21(1) and there are no overriding legitimate grounds for the Processing, or the Data Subject objects to the Processing pursuant to GDPR Article 21(2);

d) the Personal Data have been unlawfully processed;

e) the Personal Data have to be erased for compliance with a legal obligation in EEA or Member State law to which the Controller is subject;

) the Personal Data have been collected in relation to the offer of information society services referred to in GDPR Article 8(1).

6.6.2 Where AGCO Group has made the Personal Data public and is obliged pursuant to clause 6.6.1 to erase the Personal Data, AGCO Group, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform Controllers which are Processing the Personal Data that the Data Subject has requested the erasure by such Controllers of any links to, or copy or replication of, those Personal Data.

6.6.3 Clauses 6.6.1 and 6.6.2 shall not apply to the extent that Processing is necessary:

a) for exercising the right of freedom of expression and information;

b) for compliance with an EEA, Swiss, or essentially equivalent legal obligation which requires Processing by EEA or Member State law to which AGCO Group is subject or for the performance of a task carried out in the public interest (as understood in the EEA/Switzerland or equivalent to those) or in the exercise of official authority vested in AGCO Group;

c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of GDPR Article 9(2) as well as GDPR Article 9(3);

d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with GDPR Article 89(1) insofar as the right referred to in clause 6.6.1 is likely to render impossible or seriously impair the achievement of the objectives of that Processing; or

e) for the establishment, exercise or defence of legal claims.

6.7 Right to restriction of Processing (GDPR Art.18)

6.7.1 The Data Subject shall have the right to obtain from AGCO Group restriction of Processing where one of the following applies:

a) the accuracy of the Personal Data is contested by the Data Subject, for a period enabling AGCO Group to verify the accuracy of the Personal Data;

b) the Processing is unlawful and the Data Subject opposes the erasure of the Personal Data and requests the restriction of their use instead;

c) AGCO Group no longer needs the Personal Data for the purposes of the Processing, but they are required by the Data Subject for the establishment, exercise, or defence of legal claims;

d) the Data Subject has objected to Processing pursuant to GDPR Article 21(1) pending the verification whether the legitimate grounds of AGCO Group override those of the Data Subject.

6.7.3 A Data Subject who has obtained restriction of Processing pursuant to clause 6.7.1 shall be informed by AGCO Group before the restriction of Processing is lifted.

6.8 Notification obligation regarding rectification of Personal Data or restriction of Processing (GDPR Art.19)

6.8.1 AGCO Group shall communicate any rectification or erasure of Personal Data or restriction of Processing carried out in accordance with GDPR Article 16, GDPR Article 17(1) and GDPR Article 18 to each recipient to whom the Personal Data have been disclosed, unless this proves impossible or involves disproportionate effort. AGCO Group shall inform the Data Subject about those recipients if the Data Subject requests it.

6.9 Right to data portability (GDPR Art.20)

6.9.1 The Data Subject shall have the right to receive the Personal Data concerning him or her, which he or she has provided to AGCO Group, in a structured, commonly used and machine-readable format and have the right to transmit those data to another Controller without hindrance from the Controller to which the Personal Data have been provided, where:

a) the Processing is based on Consent pursuant to point (a) of GDPR Article 6(1) or point (a) of GDPR Article 9(2) or on a contract pursuant to point (b) of GDPR Article 6(1); and

b) the Processing is carried out by automated means.

6.9.2 In exercising the Data Subject s right to data portability pursuant to clause 6.9.1, the Data Subject shall have the right to have the Personal Data transmitted directly from one Controller to another, where technically feasible.

6.9.3 The exercise of the right referred to in clause 6.9.1 of this Article shall be without prejudice to GDPR Article 17. That right shall not apply to Processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in AGCO Group

6.9.4 The right referred to in clause 6.9.1 shall not adversely affect the rights and freedoms of others.

6.10 Right to object (GDPR Art. 21)

6.10.1 The Data Subject shall have the right to object, on grounds relating to the Data Subject s particular situation, at any time to Processing of Personal Data concerning him or her which is based on point (e) ( public interest or official authority ) or (f) ( legitimate interest ) of GDPR Article 6(1), including profiling based on those provisions. AGCO Group shall no longer process the Personal Data unless AGCO Group demonstrates compelling legitimate grounds for the Processing which override the interests, rights and freedoms of the Data Subject or for the establishment, exercise, or defence of legal claims.

6.10.2 Where Personal Data are processed for direct marketing purposes, the Data Subject shall have the right to object at any time to Processing of Personal Data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.

6.10.3 Where the Data Subject objects to Processing for direct marketing purposes, the Personal Data shall no longer be processed for such purposes.

6.10.4 At the latest at the time of the first communication with the Data Subject, the right referred to in clause 6.10.1 and clause 6.10.2 shall be explicitly brought to the attention of the Data Subject and shall be presented clearly and separately from any other information.

6.10.5 In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the Data Subject may exercise his or her right to object by automated means using technical specifications.

6.10.6 Where Personal Data are processed for scientific or historical research purposes or statistical purposes pursuant to GDPR Article 89(1), the Data Subject, on grounds relating to the Data Subject s particular situation, shall have the right to object to Processing of Personal Data concerning him or her, unless the Processing is necessary for the performance of a task carried out for reasons of public interest.

6.11 Automated individual decision-making, including profiling (GDPR Art. 22)

6.11.1 The Data Subject shall have the right not to be subject to a decision based solely on automated Processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

6.11.2 Clause 6.11.1 shall not apply if the decision:

a) is necessary for entering into, or performance of, a contract between the Data Subject and AGCO Group;

b) is authorised by EEA or Member State law to which AGCO Group is subject and which also lays down suitable measures to safeguard the Data Subject s rights and freedoms and legitimate interests; or

c) is based on the Data Subject s explicit Consent.

6.11.3 In the cases referred to in points (a) and (c) of clause 6.11.2, AGCO Group shall implement suitable measures to safeguard the Data Subject s rights and freedoms and legitimate interests, in particular in the case of Data Subjects that are employees of AGCO,Group at least the right to obtain human intervention on the part of AGCO Group, to express the Data Subject s point of view and to contest the decision.6.11.4 Decisions referred to in clause 6.11.2 shall not be based on Special Categories of Personal Data referred to in GDPR Article 9(1), unless point (a) or (g) of GDPR Article 9(2) applies and suitable measures to safeguard the Data Subject s rights and freedoms and legitimate interests are in place.

6.12 Data Subjects may address their request under this section 6 to the registered office address of the local AGCO Group affiliated company in their country or, to AGCO SAS (office address: 2 Rue Charles Tellier, Beauvais, FR 60000, France) for the attention of the Legal Department. The contact information can be also found here: http://www.agcocorp.com/contact/facilities-list.html. Data Subjects may also use this e-mail-address: Privacy@agcocorp.c om.

Security of Personal Data and confidentiality

7.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context, and purposes of Processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the Processing, AGCO Group shall, both at the time of the determination of the means for Processing and at the time of the Processing itself, implement appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement Data Protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the Processing in order to meet the requirements of EEA and Swiss Data Protection Laws and Regulations, and protect the rights of Data Subjects.

7.2 Each AGCO Group affiliated company and AGCO will take steps to ensure that its security measures include:

7.2.1 the physical and environmental protection of its computer data centre operations, admission controls, back-up, and disaster recovery capabilities to ensure the continuity of Processing operations or to avoid the loss of data as a result of theft, or deterioration due to fire, water damage, or other natural disasters;

7.2.2 the protection of its networks against intrusion and cyber-attacks by the use of firewalls and anti-malware software; and

7.2.3 the use of passwords including, software and hardware encryption of workplace computers and mobile devices, and the administration of access rights to data and its Processing.

7.3 AGCO Group will take steps to ensure the reliability of its employees who have access to Personal Data. Only authorised employees will process Personal Data and at all times are subject to AGCO Group non-disclosure and confidentiality obligations applicable to employees and these BCRs. Employees who breach these BCRs may be subject to disciplinary action up to and including dismissal.

Data Breaches

8.1 In the case of a Personal Data Breach, AGCO Group members shall without undue delay, notify the Personal Data Breach to the Security Operations Center and the Global Compliance Team who will notify AGCO SAS, the CDPO, and where relevant, the BCR member acting as the Controller..

8.2 In the case of a Personal Data Breach, the Global Compliance Team acting, on behalf of the Controller or AGCO SAS, shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the Personal Data Breach to the relevant DPA, or in the case of a Personal Data Breach involving cross-border processing, the BCR Lead Authority in accordance with GDPR Article 55, unless the Personal Data Breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the relevant DPA is not made within 72 hours, it shall be accompanied by reasons for the delay. AGCO Group will ensure that notification of a Personal Data Breach to the relevant DPA will meet the requirements of GDPR Art. 33 (3).

8.3 When the Personal Data Breach is likely to result in a high risk to the rights and freedoms of natural persons, the Global Compliance Team, acting on behalf of the Controller or AGCO SAS shall communicate the Personal Data Breach to the impacted Data Subjects without undue delay. AGCO Group will ensure that communication of a Personal Data Breach to the Data Subject will meet the requirements of GDPR Art. 34 (2) and (3)

8.4 Personal Data Breaches should be documented (comprising the facts relating to the Personal Data Breach, its effects and the remedial action taken) and the documentation should be made available to the relevant DPA on request.

AGCO Group Processors

9.1 An AGCO Group affiliated company and/or AGCO that processes Personal Data as Processor on behalf of another AGCO Group affiliated company and/or AGCO will act only on the instructions of the AGCO Group affiliated company and/or AGCO on whose behalf the Personal Data is processed. These instructions shall be laid down by written contractual means and set out the subject-matter and duration of the Processing, the nature and purpose of the Processing, the type of Personal Data and categories of Data Subjects and the obligations and rights of the Controller and which includes stipulations regarding all requirements set out in GDPR Article 28(3).

9.1.1 Processing by a Processor shall be governed by a contract or other legal act under EEA or Member State law, that is binding on the Processor with regard to the Controller and that sets out the subject-matter and duration of the Processing, the nature and purpose of the Processing, the type of Personal Data and categories of Data Subjects and the obligations and rights of the Controller. That contract or other legal act shall stipulate, in particular, that the Processor:

a) processes the Personal Data only on documented instructions from the Controller, including with regard to transfers of Personal Data to a Third Country or an international organisation, unless required to do so by EEA or Member State law to which the Processor is subject; in such a case, the Processor shall inform the Controller of that legal requirement before Processing, unless that law prohibits such information on important grounds of public interest;

b) ensures that persons authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

c) takes all measures required pursuant to GDPR Article 32;

d) respects the conditions referred to in paragraphs GDPR Article 28 (2) and GDPR Article 28 (4) for engaging another Processor;

e) taking into account the nature of the Processing, assists the Controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Controller s obligation to respond to requests for exercising the Data Subject s rights laid down in GDPR Chapter III;

f) assists the Controller in ensuring compliance with the obligations pursuant to GDPR Articles 32 to 36 taking into account the nature of Processing and the information available to the Processor;

g) at the choice of the Controller, deletes or returns all the Personal Data to the Controller after the end of the provision of services relating to Processing, and deletes existing copies unless EEA or Member State law requires storage of the Personal Data;

h) makes available to the Controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.

9.1.2 The AGCO Group affiliated company and/or AGCO on whose behalf the Personal Data is processed will choose the AGCO Group affiliated company and/or AGCO as Processor only if it provides sufficient guarantees in respect of the technical and organizational measures and governing the Processing to be carried out and if it ensures compliance with those measures to ensure a level of security appropriate to the risk of the Processing.

Third-Party Processors and international transfers

10.1 Any AGCO Group affiliated company and/or AGCO that engages a Third-Party Processor located in the EEA or Switzerland or in a country recognised by the EU Commission, respectively the ED B, as ensuring an adequate level of protection will ensure that the Third-Party Processor will be bound by a written contractual means stipulating that the Third-Party Processor will act only on instructions from the Controller and will be responsible for the implementation of the adequate security and confidentiality measures. These instructions set out the subject-matter and duration of the Processing, the nature and purpose of the Processing, the type of Personal Data and categories of Data Subjects and the obligations and rights of the Controller and which includes stipulations regarding all requirements set out in Article 28(3) of the GDPR.

10.1.1 Processing by a Processor shall be governed by a contract or other legal act under EEA or Member State law, that is binding on the Processor with regard to the Controller and that sets out the subject-matter and duration of the Processing, the nature and purpose of the Processing, the type of Personal Data and categories of Data Subjects and the obligations and rights of the Controller. That contract or other legal act shall stipulate, in particular, that the Processor:

b) ensures that persons authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

c) takes all measures required pursuant to GDPR Article 32;

d) respects the conditions referred to in paragraphs GDPR Article 28 (2) and GDPR Article 28 (4) for engaging another Processor;

f) assists the Controller in ensuring compliance with the obligations pursuant to GDPR Articles 32 to 36 taking into account the nature of Processing and the information available to the Processor;

10.2 All transfers of Personal Data to Third-Party Processors located in a Third Country and not in a country recognised by the EU Commission as ensuring an adequate level of protection will respect the rules relating to Processors in GDPR Article 28, laid out in clause 10.1.1 in addition to the rules on transborder data flows (GDPR Articles 45, 46 or 49) respectively the equivalent provisions of the Swiss Data Protection Laws and Regulations.

10.3 All transfers of Personal Data to Third-Party Controllers located in a Third Country and not in a country recognised by the EU Commission as ensuring an adequate level of protection will respect the rules on transborder data flows (GDPR Articles 45, 46 or 49) respectively the equivalent provisions of the Swiss Data Protection Laws and Regulations.

Training

11.1 The AGCO Group will provide appropriate and up-to-date training to its employees who have been given access to Personal Data and/or who are involved in the collection of Personal Data and/or in the development of tools and applications used to process Personal Data to ensure that all such employees are aware of their obligations under these BCRs. Employee training courses that include training on these BCRs will be provided at regular intervals, and least once every three years, and will be a mandatory requirement. The AGCO Group will keep records of employee training.

Audit

12.1 The AGCO Group Internal Audit Department ( IA ) (or an external auditor appointed by AGCO Group) will conduct an audit on a rotational basis to evaluate and report to the Audit Committee on all aspects of AGCO Group compliance with these BCRs as part of AGCO s overall audit program. The IA shall conduct its audit and report with guaranteed independence. In AGCO entities acting as core centres of Personal Data Processing, the audit shall be conducted every five years, or as the risk profile of the company so requires. In other AGCO entities, depending on the size of the operations, volume of transactions, the amount of Personal Data and relative risk profiles audits shall be conducted on rotational basis or as may be requested by the CDPO and/or AGCO's Director, Global Internal Audit.

12.2 The CDPO may request that the IA conducts specific, ad-hoc audits on any aspect of AGCO Group compliance with these BCRs.

12.3 The audit findings including recommendations of any corrective actions that need to be taken will be reported by the Global Internal Audit Director to the CDPO who shall report the findings to the Global Compliance Director, the management of the audited entity, and the board of the Liable BCR Member. A representative of the management of the audited entity, typically the Director of Legal Services for the regions and appointed by the CDPO, will ensure that any corrective action is implemented as soon as reasonably practicable. The results of all audits will also be made available to AGCO s ultimate board and AGCO SAS. If requested by a relevant DPA, the CDPO will provide a copy of the audit findings to a relevant DPA.

12.4 The AGCO Group agrees that relevant DPA s may conduct audits of the relevant AGCO Group affiliate for the purposes of demonstrating the AGCO Group affiliate's compliance with these BCRs. Taking into account the duty of professional secrecy that the relevant DPA is subject to, due regard shall be given to restrictions arising from confidentiality agreements or from business and trade secrets.

Privacy & data protection compliance

13.1 The CDPO shall report annually at the AGCO audit committee meeting on all privacy compliance issues in the preceding twelve months. This report includes specifically the degree of implementation of the BCR in the AGCO Group.

13.2 The CDPO is responsible for overseeing all privacy and data protection issues, including ensuring compliance with all aspects of these BCRs at a global level, and shall report and inform directly to the highest management level, including any questions or problems arise during the performance of their duties. The CDPO is also responsible for the definition of the data privacy strategy, internal structure and initiatives and creation respectively periodic amendments of data protection compliance related policies. Further responsibilities are incident management procedures as well as monitoring and reporting of data privacy activities and results. The CDPO is supported by the Global Compliance Team who are responsible for overseeing and ensuring compliance with these BCRs. The Global Compliance Team are responsible for setting global data protection compliance policies. The Global Compliance Team are supported by local legal team members appointed for local implementation of the BCR and management on a country-by-country basis. The local legal team members lead on regional data protection compliance issues where appropriate and provide guidance and support to the Global Compliance Team. The CDPO, Global Compliance Team, and appointed local legal team members shall receive top management support.

13.3 On a quarterly basis, AGCO Group affiliated companies and AGCO each perform a self-assessment of data protection compliance through a questionnaire to the Global Compliance Team. The self-assessment differentiates from audit as not being independent but is intended to serve the organization in being compliant with these BCRs. The questionnaire will cover the specific points of the BCRs documented policies and processes, in particular;

New Processing Activities,
Amendments to existing Processing Activities,
Cessation of Processing Activities,
Introduction of new IT software,
New disclosures/transfers of Personal Data to third parties,
Amendments to disclosures/transfers of Personal Data to third parties,
Termination of contracts with third parties that process Personal Data,
Data breaches/incidents,
Training and support needs,
General feedback.

13.4 Once the result of the questionnaires defined in clause 13.3 above have been received the Global Compliance Team will complete a review covering key data privacy policies and processes to ensure compliance with the requirements in effect. Issues and risks identified will be logged and remediation actions will be recommended to correct any deviation from the data privacy processes & policies. If investigation or a deeper detailed analysis is required by the Global Compliance Team, the Global Compliance Team can call on the services of IA to assist if required.

13.5 Contact details for the Global Compliance Team shall be published in these BCRs to facilitate direct contact.

13.5.1 Mailing address: AGCO SAS (office address: 2 Rue Charles Tellier, Beauvais, FR 60000, France, for the attention of the Legal Department)

13.5.2 Email address: privacy@agcocorp.com

Local laws and practices

14.1 BCR Members shall only use these BCRs as a mechanism for applicable transfers where they have assessed that the law and practices in the Third Country applicable to the Processing of Personal Data by the Data Importer do not prevent it from fulfilling its obligations under these BCRs, and that those laws and practices respect the essence of the fundamental rights and freedoms, and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in GDPR Article 23(1), are not in contradiction with these BCRs.

14.2 When assessing the law and practices in the Third Country, BCR member shall take due account of;

14.2.1 The specific circumstances of the transfers or set of transfers, and of any envisaged onward transfers within the same Third Country or to another Third Country, including:

purposes for which the Personal Data are transferred;
and processed (e.g. marketing, HR, storage, IT support, clinical trials);
types of entities involved in the Processing (the Data Importer and any further recipient of any onward transfer);
economic sector in which the transfer or set of transfers occur;
categories and format of the Personal Data transferred;
location of the Processing, including storage; and
transmission channels used.

14.2.2 The laws and practices of the Third Country of destination relevant in light of the circumstances of the transfer, including those requiring to disclose data to public authorities or authorising access by such authorities and those providing for access to the data during the transit between the country of the Data Exporter and the country of the Data Importer, as well as the applicable limitations and safeguards.

14.2.3 Any relevant contractual, technical, or organisational safeguards put in place to supplement the safeguards under the BCRs, including measures applied during the transmission and to the Processing of the Personal Data in the country of destination.

14.3 The BCR Member, in conjunction with AGCO SAS and the CDPO, shall document the assessments, and any supplementary measures and safeguards selected and implemented. The BCR Member shall make such documentation available to DPAs upon request.

14.4 BCR Members prevented by national laws in its country of operation from complying with these BCRs is required to promptly notify the AGCO SAS, the CDPO, and the Data Exporter (unless otherwise prohibited by a law enforcement authority.) The BCR Member should, in conjunction with the CDPO and the Data Exporter, assess the relevant transfers and promptly identify supplementary measures (e.g. technical or organisational measures to ensure security and confidentiality) to be adopted by the Data Importer and/or Data Exporter in order to enable them to fulfil their obligations under these BCRs.

14.4.1 Where the BCR Member acting as the Data Exporter, in conjunction with AGCO SAS and the CDPO, assess that these BCRs cannot be complied with for the relevant transfers, even if accompanied by supplementary measures, or instructed by the relevant DPAs, the transfers should be suspended until compliance is again ensured or the transfer is ended.

14.4.2 Following a suspension, the BCR Member acting as the Data Exporter should reassess the relevant transfer s level of compliance with these BCRs within one month of the suspension, and if compliance is not restored, must end the transfer, and the BCR Member must return or confirm deletion of the Personal Data to the Data Exporter.

14.4.3 AGCO SAS and/or the CDPO, should inform all other BCR Members of the assessment carried out and its results, including identified supplementary measures, whether effective or not, so that BCR Members can apply these supplementary measures to the same types of transfers carried out.

14.5 Where a BCR Member receives a request for disclosure to a public authority, the CDPO will make a responsible decision regarding the legality of the request and which actions to take, such as appealing the request, seeking interim measures with a view to suspending the effects of the request, and whether or not to provide the Personal Data. AGCO Group will document its legal assessment and any challenge to the request for disclosure, and to the extent permissible under the laws of the country of destination, make the documentation available to the relevant DPA upon request.

14.6 When responding to a request for disclosure to a public authority, AGCO Group will provide the minimum amount of information permissible based on a reasonable interpretation of the request.

14.7 Where any BCR Member entity is subject to a legal requirement in a Third Country which is likely to have a substantial adverse effect on the guarantees provided by these BCRs, the CDPO must notify the Data Exporter, and where possible, the affected Data Subjects, unless there is a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation. This includes legally binding requests for disclosure of the Personal Data by a law enforcement authority or other state authority of a Third Country, and the BCR Member becoming aware of any direct access by public authorities to Personal Data in accordance with the laws of the country of destination. In such a case, the Data Exporter should be clearly informed about the request, including information about the data requested, the requesting body, and the legal basis for the disclosure, unless there is a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation. If in specific cases the suspension and/or notification are prohibited, the requested BCR Member will use its best efforts to obtain the right to waive this prohibition in order to communicate as much information as it can and as soon as possible and be able to demonstrate that it did so.

14.8 The Data Importer shall provide the Data Exporter, at regular intervals, with as much information as possible on the requests received. If the Data Importer is or becomes partially or wholly prohibited from providing the Data Exporter with the aforementioned information, it will, without delay, inform the Data Exporter accordingly.

14.9 The Data Importer will preserve the aforementioned information for as long as the Personal Data are subject to the safeguards provided by these BCRs and will make it available to the relevant DPA upon request.

14.10 In any case, the transfers of Personal Data by any AGCO Group entity to any public authority cannot be massive, disproportionate, and indiscriminate in a manner that would go beyond what is necessary in a democratic society.

14.11 BCR Members acting as Data Exporters, in conjunction with the CDPO, Global Compliance Team, and Data Importers, must monitor, on an ongoing basis, developments in Third Countries that could affect assessments of the level of protection, and the decisions taken accordingly, on new and existing transfers.

Complaint handling procedure

15.1 A Data Subject has the right to file a complaint with AGCO SAS or with a local AGCO Group affiliated company operating in the Data Subject s country of residence regarding any breach or failure by the AGCO Group to comply with these BCRs. Complaints should be addressed to the contact at the address for AGCO SAS (office address: 2 Rue Charles Tellier, Beauvais, FR 60000, France, for the attention of the Legal Department) - the contact information can also be found here: http://www.agcocorp.com/contact/facilities-list.html or the relevant AGCO Group affiliated company to be found at http://www.agcocorp.com/contact.html. Data Subjects may also use this e-mail-address: Privacy@agcocorp.c om.

15.2 The Data Subject will be given prompt confirmation of receipt of the complaint by AGCO SAS and/or the AGCO Group affiliated company, depending on where the complaint is filed. The Global Compliance Team will investigate the complaint and provide an answer to the Data Subject without undue delay and at least within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of requests. AGCO SAS and/or the AGCO Group affiliated company shall inform the Data Subject of any such extension within one month of receipt of the request, together with the reasons for the delay. If AGCO SAS and/or the AGCO Group affiliated company does not take action on the request of the Data Subject, AGCO SAS and/or the AGCO Group affiliated company shall inform the Data Subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a DPA and seeking a judicial remedy.

15.3 The Data Subject may dispute in writing the Global Compliance Team s response to a complaint. In such event, the Global Compliance Team will refer the dispute to the CDPO who may review the dispute and respond to the Data Subject within three months after receipt of Data Subject s dispute. The CDPO may accept the finding of the Global Compliance Team or substitute it with a new finding. If the Data Subject s complaint is upheld, then the CDPO will take steps to ensure that any remedial action is promptly taken.

15.4 While the AGCO Group offers this complaint process to enable Data Subjects to raise their questions or concerns directly with the AGCO Group, Data Subjects whose Personal Data originates in the EEA or Switzerland have the right to lodge a complaint to an EEA or Swiss DPA and/or to make a claim in a court of EEA or Swiss jurisdiction, in particular in the Member State of his or her habitual residence, place of work, place of the alleged infringement or in the courts of the EEA member state where the Controller or Processor has an establishment, irrespective of whether or not they have used the AGCO Group complaint process set out above..

Accountability, Data Protection Impact Assessments, and enforcement

16.1 AGCO and AGCO Group affiliated companies are parties to an intra-company agreement under which AGCO and each AGCO Group affiliate is bound by and must comply with these BCRs. Every AGCO Group affiliated company acting as a Controller shall be responsible for and be able to demonstrate compliance with these BCRs.

16.2 AGCO Group affiliated companies shall maintain appropriate records of Processing activities carried out on Personal Data to be transferred under these BCRs, and shall contain all of the following information;

16.2.1 the name and contact details of the controller and, where applicable, the joint controller, the controller s representative, and the data protection officer;

16.2.2 the purposes of the processing;

16.2.3 a description of the categories of data subjects and of the categories of personal data;

16.2.4 the categories of recipients to whom the personal data have been or will be disclosed including recipients in third countries or international organisations;

16.2.5 for all AGCO Group members, where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1), the documentation of suitable safeguards;

16.2.6 where possible, the envisaged time limits for erasure of the different categories of data;

16.2.7 for all AGCO Group members, where possible, a general description of the technical and organisational security measures referred to in Article 32(1).

16.2.8 in case of AGCO Group affiliated companies acting as a Processor, its name and contact details and of each controller on behalf of which the processor is acting;

16.2.9 in case of AGCO Group affiliated companies acting as a Processor, the categories of processing carried out on behalf of each controller.

Records should be maintained in writing and made available to the relevant DPA on request.

16.3 When Processing is likely to result in a high risk to the rights and freedoms of Data Subjects, a AGCO Group affiliated company and/or AGCO acting as Controller shall, prior to the Processing, carry out an assessment of the impact of the envisaged Processing operations on the protection of Personal Data ( Data Protection Impact Assessment ). Where the Data Protection Impact Assessment indicates that the Processing would result in a high risk in the absence of measures taken by the Controller to mitigate the risk, the relevant DPA should be consulted prior to Processing.

16.4 Data Subjects whose Personal Data are processed in the EEA or Switzerland and transferred to AGCO and/or AGCO Group affiliated companies outside of the EEA or Switzerland and within the scope of clause 1.2 shall have the right to enforce sections 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, and 17 of these BCRs as a third-party beneficiary and shall have the right to seek compensation for damage or loss suffered as a result of breach of sections 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, or 17 of the BCRs, including, but not limited to, a judicial award of compensation for damage suffered by the Data Subject as a result of breach of sections 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, or 17 of these BCRs. Any such claims may be brought by the Data Subject either in the competent courts of France or in the EEA country or Switzerland from which the relevant AGCO Group affiliated company exported the Personal Data outside of the EEA or Switzerland and within the scope of clause 1.2, or where the Data Subject has his or her habitual residence, but in each case against AGCO SAS. For the avoidance of doubt, Data Subject s third party beneficiary rights are limited to Personal Data transferred from the EEA or Switzerland and within the scope of clause 1.2.

Data Subjects may choose to be represented by a not-for-profit body, organisation or under association under the conditions set out in Article 80(1) GDPR.

Data Subjects also have the right to file a complaint with (i) the relevant DPA where the alleged breach occurred or (ii) the relevant DPA in the EEA country where the Data Subject has his/her habitual residence or place of work or Switzerland from which the relevant AGCO Group affiliated company exported the Personal Data outside of the EEA or Switzerland and within the scope of section 1.2 for a breach by any AGCO Group affiliated company and/or AGCO.

16.5 In the event that a Data Subject has established that it has suffered damage or loss as a result of a breach of sections 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, or 17 of these BCRs regarding Personal Data processed in the EEA or Switzerland and transferred to AGCO Group affiliated companies and/or AGCO outside of the EEA or Switzerland and within the scope of clause 1.2, the burden of proof to show that the damage or loss are not attributable to the relevant AGCO Group affiliate and/or AGCO will rest with AGCO SAS. If AGCO SAS can prove that the other AGCO Group affiliated company or AGCO outside of the EEA or Switzerland is not liable for the violation, it may discharge itself from any responsibility.

16.6 In the event of a proven breach of sections 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, or 17 of these BCRs regarding Personal Data processed in the EEA or Switzerland and transferred to AGCO and/or AGCO Group affiliated companies outside of the EEA or Switzerland and within the scope of clause 1.2 AGCO SAS has sufficient assets and undertakes to pay compensation for any damages resulting from the breach of the mentioned sections of the BCRs.

16.7 AGCO SAS accepts responsibility for and agrees to take the necessary action to remedy the acts of other AGCO Group affiliated companies or AGCO outside of the EEA or Switzerland, and to pay compensation for any material or non-material damages resulting from the violation of these BCRs.

16.8 Nothing in these BCRs diminishes or reduces the Data Subject's rights afforded under Data Protection Laws.

Co-operation with DPAs

17.1 AGCO Group will take into account the advice and abide by the decisions of the relevant DPA on any issues related to the interpretation and application of these BCRs.

17.2 Upon request AGCO Group will provide copies of the results of any audit carried out in relation to these BCRs to a DPA with competent jurisdiction and to the DPA of the EEA from which the transfer of Personal Data occurred. AGCO Group shall also make available the record of Processing activities, maintained in accordance with GDPR Article 30, to the DPA on request.

17.3 AGCO SAS will and, if appropriate, will cause the relevant local AGCO Group affiliate or AGCO to respond to all requests for information from the relevant DPA provided that such requests relate to compliance with these BCRs in the relevant jurisdiction or in relation to Personal Data transferred out of the EEA from the relevant jurisdiction by the local AGCO Group affiliate or AGCO.

17.4 Any dispute related to a DPA s exercise of supervision of compliance with these BCRs will be resolved by the courts of the Member State of that DPA, in accordance with that Member State s procedural law. AGCO Group agree to submit to the jurisdiction of those courts.

Non-compliance

18.1 No transfer of Personal Data may be made to a new AGCO Group affiliated company or AGCO until it is effectively bound by these BCRs and can deliver compliance.

18.2 The Data Importer must promptly inform the Data Exporter and AGCO SAS if it is unable to comply with these BCRs.

18.2.1 Where the Data Importer is in breach of, or unable to comply with these BCRs, the Data Exporter should suspend the transfer.

18.3 The Data Importer should, at the instruction of the CDPO, immediately return or delete Personal Data that has been transferred under these BCRs where;

The Data Exporter has suspended the transfer, and compliance with these BCRs is not restored within a reasonable time, not longer than one month from the date of the suspension;
The Data Importer is in substantial or persistent breach of these BCRs;
The Data Importer fails to comply with a binding decision of a competent court or DPA regarding its obligations under these BCRs.

18.4 The Data Importer must certify the deletion or return of the Personal Data to the Data Exporter. Until the Personal Data is deleted or returned, the Data Importer must ensure compliance with these BCRs.

18.5 Where local laws applicable to the Data Importer prohibit the return or deletion of the transferred Personal Data, the Data Importer must ensure compliance with these BCRs and only process the data to the extent and duration required under the local laws.

Termination

19.1 BCR Members acting as Data Importers that cease to be bound by these BCRs may, in consultation with the CDPO, keep, return, or delete Personal Data received under these BCRs.

19.2 The Data Importer must continue to protect the Personal Data in accordance with GDPR Chapter V.

Updates to these BCRs

20.1 The CDPO (or another officer appointed by the CDPO with delegated responsibility) will maintain an up-to-date list of AGCO Group affiliates and AGCO bound by these BCRs, and provide the necessary information to Data Subjects, and, upon request, to relevant DPAs.

20.2 The CDPO (or another officer appointed by the CDPO with delegated responsibility) will review these BCRs at least annually to ensure they are kept up to date to reflect changes to the regulatory environment, EDPB recommendations, or changes to the scope of these BCRs.

20.3 The CDPO (or another officer appointed by the CDPO with delegated responsibility) will report changes to these BCRs, including to the list of BCR Members, to all BCR members without undue delay.

20.4 AGCO SAS will communicate modifications to these BCRs to the BCR Lead Authority in advance, where the modifications would possibly be detrimental to the level of protection offered by these BCRs, or significantly affect their binding nature.

20.5 Once per calendar year, AGCO SAS will provide an annual update to the BCR Lead Authority consisting of, where relevant;

Changes to these BCRs;
Updates to the BCR Members;
Confirmation that no changes have been made;
Renewal of the confirmation regarding assets (Clause 16.6)

20.6 These BCRs were last updated on 01 March 2026.