This Privacy Statement (the “Statement”) is provided by AGCO Corporation and its subsidiaries and affiliates (see Contact Details) (together “AGCO”, “we” or “us”). Capitalised terms not defined in the body of this Statement are defined in the Glossary at the end of this Statement.
AGCO respects your privacy and is committed to protecting your personal information. This Statement will inform you as to how we look after your personal information and tells you about your privacy rights and how the law protects you.
This Statement governs the manner in which AGCO collects and further Processes Personal Information about individuals and juristic entities who use AGCO’s products or services (“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.
AGCO has a separate Statement governing the processing of Machine Data. Should there be any discrepancy between the terms of this Privacy Statement and Machine Data Statement respective to processing of Personal Information then the terms of this Privacy Statement shall control respective to conflicting terms with respect to Personal Information only.
AGCO is made up of different legal entities, details of which can be found here: Contact Details. This Statement is issued on behalf of the AGCO Group so when we mention "AGCO", "we", "us" or "our" in this Statement, we are referring to the relevant company in the AGCO Group responsible for processing your Personal Information in respect of the circumstances to which this Statement applies.
We have appointed an information officer (IO) who is responsible for overseeing questions in relation to this Statement. If you have any questions about this Statement, including any requests to exercise your legal rights, please contact the IO using the details set out below.
AGCO may collect Personal Information from you in the following circumstances:
AGCO may receive Personal Information about you from third parties. For example:
In some circumstances, you may provide AGCO with Personal Information about others. For example, you might mention another AGCO customer when commenting on an ACGO 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.
The categories of Personal Information that may be Processed by, or on behalf of, AGCO under this Statement (to the extent permitted by Data Protection Laws) include:
1 Machine Data may also qualify as Personal Information if we associate it with an identified or identifiable natural person in which case AGCO shall follow both statements. Should there be any discrepancy between the terms of this Privacy Statement and Machine Data Statement respective to processing of Personal Information then the terms of this Privacy Statement shall control respective to conflicting terms with respect to Personal Information only.
In Processing your Personal Information in connection with the purposes set out in this Statement, AGCO may, depending on the circumstances, rely on any of the following legal bases:
AGCO does not seek to collect or otherwise Process your Special Personal Information, except where:
AGCO may Process your Personal Information for the following purposes in particular, to the extent permitted by Data Protection Laws:
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
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.
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 were 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). 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 in order to provide our products and services to you in an efficient and effective manner. By providing Personal Information to AGCO under this Privacy Statement, you acknowledge that your Personal Information may be transferred to locations outside your jurisdiction. If you do not wish for your Personal Information to be transferred to other jurisdictions, please do not provide your Personal Information to AGCO, nor use any Sites, Apps or Devices.
We share your personal information within the AGCO Group. This will involve transferring your information outside the Republic of South Africa. Where we transfer your Personal Information to other countries, we do so in accordance with Applicable Law and subject to the necessary legal measures for safeguarding that information.
AGCO is committed to Processing your Personal Information securely. We adopt appropriate data Processing practices, and appropriate technical and organisational security measures, to protect against unauthorised access, alteration, disclosure or destruction of Personal Information. The Internet is not, in itself, a secure environment and we cannot provide an absolute assurance that your 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. You should frequently change your access credentials and you must notify AGCO promptly if you become aware of any misuse of your access credentials, and immediately change your access credentials.
We will not sell, trade, or rent your Personal Information to others without your consent. We may, however, share or disclose your Personal Data to third parties in the following circumstances:
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
As set out in this Statement, 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.
AGCO offers data subjects the opportunity to define, during their lifetime, the instructions that should be followed after their death with regard to their personal data. Should the data subject pass away without leaving clear instructions about how to manage their personal data, we can also work with immediate family members and representatives to remove personal data of a deceased person where appropriate. In certain circumstances we may provide beneficiaries of deceased data subjects with reasonable information on the data held about the deceased data subject by AGCO. We shall not provide passwords or other login details. Any decision to respond to a request regarding a deceased data subject will need to be balanced against the obligation to keep information secure, safe, and private.
We do not knowingly collect or further Process Personal Information of children under 18 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 and Site, App or Device.
It is your responsibility to ensure that your Personal Information held by AGCO is complete, accurate and up-to-date.
Subject to Applicable Laws, you may have the following rights:
This does not affect your statutory rights. You may exercise any of these rights by using the contact details provided below.
AGCO South Africa
16 Pomono Road
Tel; +27112308623 / +27609610877
If you contact us, we will endeavour to investigate and attempt to resolve each query or complaint within one month, or such other period as may be required under Applicable Laws.
You have the right to make a complaint at any time to the Information Regulator, the South African regulatory authority for personal information protection issues (http://www.justice.gov.za/inforeg) (Information Regulator). We would however, appreciate the opportunity to deal with your concerns before you approach the Information Regulator so please contact us in the first instance.
By using any Site, App or Device, you are deemed to have accepted this Policy. If you do not accept the terms set out in this Policy, you must not use any Sites, Apps or Devices.
Last updated: July 2021
In this Policy, capitalised terms have the following meanings: