This Notice was last updated on 23.10.2020.
This Privacy Notice for California Residents (“Notice”) is provided by AGCO Corporation and its subsidiaries and affiliates (together “AGCO”, “we” or “us”) to describe how we collect, use and share personal information of California residents, as detailed below.
This Notice supersedes and replaces AGCO’S Enterprise Privacy and Data Statement solely for all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other applicable California privacy laws.
This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.
Where noted in this Notice under “Your CCPA Rights and Choices” below, we do not afford certain rights to business contacts from California because the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some of its requirements.
We do not knowingly collect personal information from children under the age of 13 via our online or mobile services. If notified that we have inadvertently collected personal information of a child under the age of 13, we will promptly work to delete that information from our databases.
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||YES|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||YES|
We obtain the categories of personal information listed above from the following categories of sources:
We may use, sell, or disclose the personal information we collect for one or more of the following purposes:
We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Right to Opt Out of Sale of Personal Information: Do Not Sell My Personal Information below).
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category F: Internet or other similar network activity.
Category G: Geolocation data.
Category K: Inferences drawn from other personal information.
We disclose your personal information for a business purpose to the following categories of third parties:
Sales of Personal Information
We may sell your personal information. In the preceding twelve (12) months, we have sold the following categories of personal information:
We sell your personal information to the following categories of third parties:
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. This section addresses:
Right to KnowYou 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:
We do not provide the rights above under “Right to Know” for B2B personal information.
Right to Delete
You 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 Deletion” 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:
We do not provide these deletion rights for B2B personal information.
Exercising Rights to Know and DeleteTo exercise the rights to know and deletion 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.
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 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 California 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:
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 fulfill a verifiable consumer request exercising the rights to know and deletion within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
If you have an account with us, we may deliver our written response to your request 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 in respect of the rights 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 deletion, 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.
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 the CCPA 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 to not 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 https://www.agcocorp.com/data-subject-rights-form.html
Do Not Sell My Personal Information
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.
Authorized Agent Requirements
Under CCPA, 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 ether (a) a letter signed by the customer authorizing the agent to submit a CCPA request on his or her behalf, or (b) a valid power of attorney issued pursuant to California Probate Code section 4000 to 4465. An authorized agent must email one of these documents to DataPrivacy@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:
Under the CCPA, all members of a California household can 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). After submitting the individual requests, each member must email DataPrivacy@AGCOcorp.com and request that there 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 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.
Right of Non-Discrimination You have the right not to receive discriminatory treatment for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value 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.
In accordance with California Civil Code Section 1798.83(c)(2), we will obtain opt-in consent before sharing personal information with third parties for direct marketing purposes or provide you a cost free method to opt out. If you would like to opt out of us sharing your personal information with third parties for direct marketing purposes, please see make a request at https://www.agcocorp.com/data-subject-rights-form.html.
Unless your browser settings are configured to make your online activities and publicly available information about your online activities invisible to usage analytics tools, we do not presently have the capability to omit you from usage analytics to the extent your browser sends a website or application linking to this website a “do not track” message. However, third parties, other than our vendors assisting with making such website available do not have authorization from us to track your uses of the website or application or track what other activities you may have engaged in before or after using the website or application (for example, using a different website). That said, we cannot control third-party tracking and there may be some third-party tracking that occurs without our knowledge or consent.
We use reasonable security to protect personal information, but please be aware that there is no perfect data security. You are responsible for maintaining the confidentiality and security your log-in credentials to the extent you have an account with us.
We reserve the right to modify this Notice at any time and may apply changes to previously collected information, as permitted by applicable law. From time to time, we may change or update this Notice. You acknowledge and agree that we may notify you about any material changes in the way we treat personal information by placing a notice on www.agcocorp.com and such other of our websites or mobile applications that link to this Notice. Your continued use of our website(s), applications or services after any such posting shall constitute your acceptance of such changes.
If you have any questions or comments about this Notice, the ways in which AGCO collects and uses your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: