AGCO Privacy Statement
Language:
1. Australia
What happens if AGCO cannot collect your Personal Information?
If you do not provide AGCO with the Personal Information described above in this Statement, some or all of the following may happen:
- AGCO may not be able to provide the requested products or services to you, either to the same standard or at all;
- AGCO may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or
- AGCO may be unable to tailor the content of our websites to your preferences, and your experience with our websites may not be as enjoyable or useful.
International Transfers of Personal Information
As noted in the General Statement above, we may disclose your Personal Data to members of our corporate group or our third-party service providers located outside Australia for some of the purposes listed above.
We take reasonable steps to ensure that the overseas recipients of your Personal Data do not breach the Australian Privacy Principles relating to your Personal Data.
Complaints
If you are not satisfied with the way your privacy-related complaint is handled by AGCO, you may refer your complaint to the Office of the Australian Information Commissioner (OAIC). Details of how to lodge a complaint with the OAIC may be found at www.oaic.gov.au or by calling 1300 363 992.
2. Brazil
General Conditions
Data Processing in Brazil is subject to Law 13.709/2018 Lei Geral de Proteção de Dados Pessoais (“LGPD”), and Personal Information shall only be processed in the following circumstances, as legally defined:
- with your consent;
- for compliance with a legal or regulatory obligation by AGCO;
- whenever necessary for the execution of a contract or preliminary procedures related to a contract to which the data owner is a party;
- for the regular exercise of rights in judicial, administrative or arbitration procedures, the last pursuant to Law No. 9,307, of September 23, 1996 (“Brazilian Arbitration Law”);
- for the protection of the life or physical safety of the data owner or a third party.
Sensitive Data
AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. However, in some circumstances, it may be necessary to comply with legal requirements or other obligations. In these circumstances, AGCO will comply with Section II of LGPD.
Termination of Data Processing
The processing of Personal Information by AGCO shall be terminated under the following circumstances:
- confirmation by AGCO that the purpose has been achieved or that the data are no longer necessary or pertinent to achieve the specific purpose intended;
- end of the processing term;
- communication by the data owner, including when exercising their right to revoke consent;
- or by legal determination by ANPD (National Data Protection Authority).
3. Canada
General Conditions
Data Processing in Canada is subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) (SC 2000, c5) and applies to the collection, use and disclosure of Personal Information in the course of commercial activities in Canada.
Separate privacy legislation in Alberta, British Columbia, and Quebec governs the Processing of Personal Information within their jurisdiction. However, as AGCO has an established business presence in Canada, it can demonstrate a real and substantial connection between other Canadian Provinces; therefore, PIPEDA will apply when your Personal Information is processed by AGCO.
Legal bases
AGCO Processes your Personal Information as per the following legal bases:
- Consent
- Contract with Data Subject
- Legal Obligation
- Legitimate Interest of the Data Controller
Direct marketing
Pursuant to Canada’s Anti-Spam Legislation (CASL) (sc 2010, c23), AGCO must have an established relationship with you in order to send direct marketing emails, text messages and any other means of electronic communication, including direct messaging on social media without consent.
Where AGCO cannot demonstrate an established relationship with you, we will ask for your consent to send you direct marketing messages and information that may be of interest to you.
Complaints
If you wish to make a complaint to the Data Protection Authority, please contact:
The Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau
Quebec
K1 1H3
Alternatively, if you wish to make a complaint under CASL, please contact:
The Competition Bureau
50 Rue Victoria
Gatineau
Quebec
J8X 3X1
4. China
International Transfer of Personal Information
When we transfer your Personal Information to other countries outside of China, we do so on the basis of the following rules under China Applicable Laws:
- Chapter 3 Rules for Cross-border Provision of Personal Information of Personal Information Protection Law.
- Measures on the Standard Contract for Outbound Transfer of Personal Information.
Protection of Personal Information
AGCO has always placed great importance on safeguarding the security of your Personal Information. To this end, we employ security technologies and organizational and management measures in accordance with industry standards to minimize the risk of your information being leaked, damaged, misused, unauthorized access, unauthorized disclosure, or alteration. We will implement security protection measures in line with industry standards, including establishing reasonable system specifications and security technologies to prevent unauthorized access, use, and modification of your Personal Information and to avoid data damage or loss.
Personal Information of Children
In China, we do not knowingly collect or further Process Personal Information of children under 14 years of age. We ask parents or legal guardians to assist us by supervising the activities of children in relation to our Sites, Apps and Devices and by not allowing them to submit any Personal Information through our Site, App or Device.
Contact details in China
In China, if you have any questions about this Privacy Statement, our Processing of your Personal Information, or your dealings with a Site, an App or a Device, please contact us at:
Alert line: 4001205090
If you contact us, we will endeavour to investigate and attempt to resolve each query or complaint within fifteen (15) days.
If you are dissatisfied with our response, especially if our processing of Personal Information has harmed your legal rights and interests, you may also file a complaint or report to regulatory authorities such as cyberspace administration, telecommunications, public security, and industry and commerce. You may also seek a solution by filing a lawsuit in the competent court at the domicile of the defendant.
Amendments to this Statement
In accordance with Chinese laws and regulations and the operational needs of our products, services, and business, we may partially or fully revise or update this Privacy Statement. Without your explicit consent, we will not reduce your rights according to this Privacy Statement.
We will update this Privacy Statement in a timely manner when the following changes occur:
- Our name and contact information;
- The purposes of Processing Personal Information, Processing methods, types of Personal Information Processed, and storage periods;
- The ways and procedures for you to exercise legal rights;
- Other matters that should be notified according to laws and administrative regulations.
(Individually or collectively referred to as “Major Changes.”)
If this Privacy Statement is updated based on Major Changes, we may choose to notify you through app push notifications, pop-up prompts, sending emails/messages, publishing announcements, or other appropriate methods. Please make an appropriate choice based on your full understanding of the modified Privacy Statement. If you do not agree with the updated content of this Privacy Statement, you should immediately stop using any Sites, Apps or Devices we provide.
5. European Economic Area
Categories, purposes, and legal grounds permitting the Processing of your Personal Information.
The table below outlines the categories, purposes, and legal grounds permitting the Processing of your Personal Information. Each purpose may use some or all of the categories of Personal Information and may have more than one legal ground permitting the Processing of that Personal Information. This does not mean that all of the Personal Information categories are used for every purpose or legal ground. For information on how to contact AGCO with enquiries about which categories of Personal Information are used for specific purposes, please see the Contact Details section.
Categories of Personal Information Processed by or on behalf of AGCO | Purposes for which AGCO may Process your Personal Information |
Legal Grounds for Processing Personal Information |
Personal Details: Name; salutation; gender; photograph; video; date of birth; profession; business or employer; sector; vehicle registration number.
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To verify your identity and ensure the security of your Personal Information. To give effect to your legal rights and your rights under this Statement. To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To establish, exercise or defend legal claims. To comply with Applicable Laws and our other applicable policies. To fulfil the terms of a contract between you and us. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. |
We have obtained your prior express consent to the Processing. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is necessary to protect the vital interests of any individual. The Processing is required by Applicable Laws. The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms. Any other lawful basis available under Applicable Laws. |
Contact details: Email address; postal address; telephone number; fax number; customer ID.
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To verify your identity and ensure the security of your Personal Information. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To send you communications regarding the administration of your accounts and the features of a Site, an App, or a Device. To fulfil the terms of a contract between you and us. To notify you about changes to a Site, an App, or a Device. To give effect to your legal rights and your rights under this Statement. To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
We have obtained your prior express consent to the Processing. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is necessary to protect the vital interests of any individual. The Processing is required by Applicable Laws. The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms. Any other lawful basis available under Applicable Laws. |
Special Category Data and Sensitive Personal Information |
AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. In the event that you provide, or AGCO incidentally collects or otherwise processes your Sensitive Personal Information, we will do so for the following reasons: To fulfil the terms of a contract between you and us. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
We have obtained your prior express consent to the Processing. The Processing is necessary for the establishment, exercise or defence of legal claims. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Data relating to Sites or Apps: Technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App, Device, usage statistics, settings, dates and times of connecting to the App, Site or a Device, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data including data volumes; aggregate statistical information.
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To display the content of a Site, an App or a Device, and any customisations you may select. To understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle). To administer content, promotions, surveys or other features of a Site, an App, or a Device. To improve our Sites or Apps. To perform data analysis and other Processing (including trend analysis and financial analysis). To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Machine Data: Farm management data; land data; agronomic data; vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location.
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To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies.
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We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Commercial data: Financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests.
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To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies.
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We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is necessary to protect the vital interests of any individual. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Marketing data: Advertising interests; cookie data; clickstream data; browsing history; responses to customer satisfaction surveys and direct marketing; as well as opt-outs from direct marketing. We maintain a suppression list in case you elect to opt out of direct marketing or otherwise exercise your data subjects’ rights. The suppression list is maintained for ten years to ensure we do not contact you should we receive your information from a third party.
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To administer content, promotions, surveys or other features of a Site, an App, or a Device. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To comply with Applicable Laws and our other applicable policies.
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We have obtained your prior express consent to the Processing We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. Any other lawful basis available under Applicable Laws. |
Your Rights
Under certain circumstances, you have the following rights under Applicable Laws in relation to your personal information:
- Notification that your personal information is being collected. When your personal information is collected, you have the right to be informed that your information is collected and where the information is not collected from you, you have the right to be informed of the source from whom/which it is collected.
- Request access to your personal information. You have the right to confirm, free of charge, whether or not AGCO holds any of your personal information, and to the extent that AGCO does hold your information, to request a copy or description of that record. You will be required to provide adequate proof of your identity so that AGCO can confirm your identity and ensure your right to access your personal information. AGCO may need to request other specific information from you to help process your request. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. AGCO may also contact you to ask you for further information in relation to your request to speed up our response.
- Request correction of your personal information. You have the right to request rectification or deletion of your personal information where it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.
- Request the destruction or deletion of your personal information. You have the right to request the deletion or removal of your personal information where there is no good reason for AGCO to continue to process it. You also have the right to request deletion or removal of your personal information where you have successfully exercised your right to object to processing (see below), where AGCO may have processed your information unlawfully or where AGCO are required to erase your personal information to comply with the law. Note, however, that AGCO may not always be able to comply with your request of destruction or deletion for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal information. You have the right to object to AGCO’s processing of your personal information where AGCO are relying on a legitimate interest (or those of a third party), and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where AGCO are processing your personal information for direct marketing purposes. In some cases, AGCO may demonstrate compelling, legitimate grounds to process your information, which overrides your right to object to processing.
- Request restriction of processing your personal information. This enables you to ask AGCO to suspend the processing of your personal information in the following scenarios:
- If you want AGCO to establish the information’s accuracy.
- AGCO no longer needs the information for the purpose for which the information was initially collected, but AGCO needs it for purposes of proof.
- Where AGCO’s use of the information is unlawful, but you do not want AGCO to erase it.
- If you want AGCO to transmit your personal information to another automated processing system.
- Withdraw consent. You have the right to withdraw your consent at any time where AGCO are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, AGCO may not be able to provide certain products or services to you. AGCO will advise you if this is the case at the time you withdraw your consent.
- Submit a complaint to the relevant Data Protection Authority (see section below for details.)
Complaints
You may have the right to lodge a complaint with an appropriate Data Protection Authority, in particular in the country of your residence or workplace. Contact details for Data Protection Authorities within the EEA can be found on the European Data Protection Board website at https://www.edpb.europa.eu/edpb_en.
6. New Zealand
What happens if AGCO cannot collect your Personal Data?
If you do not provide us with the Personal Data described above in this Statement, some or all of the following may happen:
- we may not be able to provide the requested products or services to you, either to the same standard or at all;
- we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or
- we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.
Your Rights
As noted in the Statement, you have certain rights under the Privacy Act 2020 in New Zealand.
You may request access to any Personal Data that we hold about you at any time by contacting us (see the details below). Where we hold Personal Data that you are entitled to access, we will try to provide you with a suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a reasonable fee to cover our administrative costs in providing the information to you. We will not charge for simply making the request. In order to protect your Personal Data, we may require identification from you before releasing the requested information.
There may be instances where we cannot grant you access to the Personal Data we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that the Personal Data we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for the amendment, then you can request us to add a statement of correction to the Personal Data stating either your request for correction (if it sets out what you think the information should be) or a specific statement that you provide. If we decide not to add a statement of correction to the Personal Data, you have the right to make a complaint about this to the Privacy Commissioner (see details below).
International Transfers of Personal Information
As noted in the Statement, we may disclose your Personal Data to members of our corporate group, or our third-party service providers, located outside New Zealand for some of the purposes listed above.
We take reasonable steps to ensure that the overseas recipients of your Personal Data do not breach the New Zealand privacy principles relating to your Personal Data.
Complaints
If you believe that your privacy has been breached by AGCO in New Zealand, please contact us using the contact information below and provide details of the incident so that we can be sure of the details of your complaint and duly investigate it.
After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.
If you are not satisfied with the way your complaint is handled by us, you may refer your complaint to The Office of the Privacy Commissioner New Zealand. Details of how to lodge a complaint with The Office of the Privacy Commissioner New Zealand may be found at www.privacy.org.nz or by calling 0800 803 909.
7. Republic of South Africa
General Conditions
In accordance with the Laws of South Africa, the definition of personal information in this Privacy Statement must be read to include existing corporate entities. You are entitled under the Protection of Personal Information Act, 2013 (“POPIA”) to the information in this section of this Statement.
What happens if AGCO cannot collect your Personal Information?
Where we need to collect personal information by law or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may not be able to proceed with a particular engagement we have or intend to have with you (this may include cancelling a product or service you have with us), but we will notify you if this is the case at the time.
Categories, purposes, and legal grounds permitting the Processing of your Personal Information
The table below outlines the categories, purposes, and legal grounds permitting the Processing of your Personal Information. Each purpose may use some or all of the categories of Personal Information and may have more than one legal ground permitting the Processing of that Personal Information. This does not mean that all of the Personal Information categories are used for every purpose or legal ground. For information on how to contact AGCO with enquiries about which categories of Personal Information are used for specific purposes, please see the Contact Details section.
Categories of Personal Information Processed by or on behalf of AGCO | Purposes for which AGCO may Process your Personal Information |
Legal Grounds for Processing Personal Information |
Personal Details: Name; salutation, gender; photograph; video; date of birth; profession; business or employer; sector, vehicle registration number.
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To verify your identity and ensure the security of your Personal Information. To give effect to your legal rights and your rights under this Statement. To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To establish, exercise or defend legal claims. To comply with Applicable Laws and our other applicable policies. To fulfil the terms of a contract between you and us. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. |
We have obtained your prior express consent to the Processing. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is necessary to protect the vital interests of any individual. The Processing is required by Applicable Laws. The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms. Any other lawful basis available under Applicable Laws. |
Contact details: Email address; postal address; telephone number; fax number; customer ID.
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To verify your identity and ensure the security of your Personal Information. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To send you communications regarding the administration of your accounts and the features of a Site, an App, or a Device. To fulfil the terms of a contract between you and us. To notify you about changes to a Site, an App, or a Device. To give effect to your legal rights and your rights under this Statement. To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
We have obtained your prior express consent to the Processing. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is necessary to protect the vital interests of any individual. The Processing is required by Applicable Laws. The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms. Any other lawful basis available under Applicable Laws. |
Special Category Data and Sensitive Personal Information |
AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. In the event that you provide, or AGCO incidentally collects or otherwise processes your Sensitive Personal Information, we will do so for the following reasons: To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
We have obtained your prior express consent to the Processing. The Processing is necessary for the establishment, exercise or defence of legal claims. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Data relating to Sites or Apps: Technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App, Device, usage statistics, settings, dates and times of connecting to the App, Site or a Device, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data including data volumes; aggregate statistical information.
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To display the content of a Site, an App or a Device, and any customisations you may select. To understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle). To administer content, promotions, surveys or other features of a Site, an App, or a Device. To improve our Sites or Apps. To perform data analysis and other Processing (including trend analysis and financial analysis). To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Machine Data: Farm management data; land data; agronomic data; vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location.
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To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies.
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We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Commercial data: Financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests.
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To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies.
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We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is necessary to protect the vital interests of any individual. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Marketing data: Advertising interests; cookie data; clickstream data; browsing history; responses to customer satisfaction surveys and direct marketing; as well as opt-outs from direct marketing. We maintain a suppression list in case you elect to opt out of direct marketing or otherwise exercise your data subjects’ rights. The suppression list is maintained for ten years to ensure we do not contact you should we receive your information from a third party.
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To administer content, promotions, surveys or other features of a Site, an App, or a Device. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To comply with Applicable Laws and our other applicable policies.
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We have obtained your prior express consent to the Processing We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. Any other lawful basis available under Applicable Laws. |
Your Rights
Under certain circumstances, you have the following rights under Applicable Laws in relation to your personal information:
Notification that your personal information is being collected. When your personal information is collected, you have the right to be informed that your information is collected and where the information is not collected from you, you have the right to be informed of the source from whom/which it is collected.
- Notification of security compromises. Where reasonable grounds exist for us to believe that your personal information has been accessed or acquired by an unauthorised person, you have the right to be notified.
- Request access to your personal information. You have the right to confirm, free of charge, whether or not AGCO holds any of your personal information, and to the extent that AGCO does hold your information, to request a copy or description of that record. You will be required to provide adequate proof of your identity so that AGCO can confirm your identity and ensure your right to access your personal information. AGCO may need to request other specific information from you to help process your request. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. AGCO may also contact you to ask you for further information in relation to your request to speed up our response.
- Request correction of your personal information. You have the right to request rectification or deletion of your personal information where it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.
- Request the destruction or deletion of your personal information. You have the right to request the deletion or removal of your personal information where there is no good reason for AGCO to continue to process it. You also have the right to request deletion or removal of your personal information where you have successfully exercised your right to object to processing (see below), where AGCO may have processed your information unlawfully or where AGCO are required to erase your personal information to comply with the law. Note, however, that AGCO may not always be able to comply with your request of destruction or deletion for specific legal reasons which, will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal information. You have the right to object to AGCO’s processing of your personal information where AGCO are relying on a legitimate interest (or those of a third party), and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where AGCO are processing your personal information for direct marketing purposes. In some cases, AGCO may demonstrate compelling, legitimate grounds to process your information, which overrides your right to object to processing.
- Request restriction of processing your personal information. This enables you to ask AGCO to suspend the processing of your personal information in the following scenarios:
- If you want AGCO to establish the information’s accuracy.
- AGCO no longer needs the information for the purpose for which the information was initially collected, but AGCO need it for purposes of proof.
- Where AGCO’s use of the information is unlawful, but you do not want AGCO to erase it.
- If you want AGCO to transmit your personal information to another automated processing system.
- Withdraw consent. You have the right to withdraw your consent at any time where AGCO are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, AGCO may not be able to provide certain products or services to you. AGCO will advise you if this is the case at the time you withdraw your consent.
- Submit a complaint to the relevant Data Protection Authority. You may have the right to lodge a complaint with an appropriate Data Protection Authority, in particular in the country of your residence or workplace.
- Institute civil proceedings. You have the right to institute civil proceedings regarding the alleged interference with the protection of your personal information.
- Submit a complaint to the Information Regulator. You have the right to submit a complaint to the South African Information Regulator regarding an alleged interference with the protection of your personal information.
- Institute civil proceedings. You have the right to institute civil proceedings regarding the alleged interference with the protection of your personal information.
Complaints
If you wish to exercise your right to lodge a complaint to the Data Protection Authority, please contact The Information Regulator (South Africa) through their website https://inforegulator.org.za/complaints/ or by email at POPIAcomplaints@inforegulator.org.za.
8. Switzerland
General Conditions
The Federal Constitution of the Swiss Confederation states that every person has the right to be protected against the misuse of personal data.
The governing legislation in relation to data privacy is the New Federal Act on Data Protection (nFADP), as amended.
Categories, purposes, and legal grounds permitting the Processing of your Personal Information.
As AGCO is a private business no legal basis is required for AGCO to process your personal information, unless there is an obligation on AGCO to justify the processing of your personal information, which would otherwise be classed as unlawful. However, AGCO will always process your personal information as per the principles pursuant to the FADP.
The table below outlines the categories of Personal Information that AGCO may process and the purposes of processing Personal Information. Each purpose may use some or all of the categories of Personal Information. This does not mean that all of the Personal Information categories are used for every purpose. For information on how to contact AGCO with enquiries about which categories of Personal Information are used for specific purposes, please see the Contact Details section.
Categories of Personal Information Processed by or on behalf of AGCO | Purposes for which AGCO may Process your Personal Information |
Personal Details: Name; salutation, gender; photograph; video; date of birth; profession; business or employer; sector; vehicle registration number.
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To verify your identity and ensure the security of your Personal Information. To give effect to your legal rights and your rights under this Statement. To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To establish, exercise or defend legal claims. To comply with Applicable Laws and our other applicable policies. To fulfil the terms of a contract between you and us. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. |
Contact details: Email address; postal address; telephone number; fax number; customer ID.
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To verify your identity and ensure the security of your Personal Information. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To send you communications regarding the administration of your accounts and the features of a Site, an App, or a Device. To fulfil the terms of a contract between you and us. To notify you about changes to a Site, an App, or a Device. To give effect to your legal rights and your rights under this Statement. To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
Special Category Data and Sensitive Personal Information |
AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. In the event that you provide, or AGCO incidentally collects or otherwise processes your Sensitive Personal Information, we will do so for the following reasons: To fulfil the terms of a contract between you and us. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies.
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Data relating to Sites or Apps: Technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App, Device, usage statistics, settings, dates and times of connecting to the App, Site or a Device, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data including data volumes; aggregate statistical information.
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To display the content of a Site, an App or a Device, and any customisations you may select. To understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle). To administer content, promotions, surveys or other features of a Site, an App, or a Device. To improve our Sites or Apps. To perform data analysis and other Processing (including trend analysis and financial analysis). To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
Machine Data: Farm management data; land data; agronomic data; vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location.
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To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
Commercial data: Financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests.
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To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
Marketing data: Advertising interests; cookie data; clickstream data; browsing history; responses to customer satisfaction surveys and direct marketing; as well as opt-outs from direct marketing. We maintain a suppression list in case you elect to opt out of direct marketing or otherwise exercise your data subjects’ rights. The suppression list is maintained for ten years to ensure we do not contact you should we receive your information from a third party. |
To administer content, promotions, surveys or other features of a Site, an App, or a Device. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To comply with Applicable Laws and our other applicable policies.
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Your Rights
Under certain circumstances, you have the following rights under Applicable Laws in relation to your personal information:
- Right to Data Portability. You have the right to request your personal information, which you have knowingly provided and processed by AGCO, to be sent to you in a conventional electronic format. You may also request your personal information to be sent to a different controller.
- Right to Request Correction of Incorrect Personal Data. Where your personal information has been identified as inaccurate, incomplete and/or outdated you have the right to request that AGCO takes all reasonable steps to rectify your personal information. You also have the right to request that any inaccurate, incomplete and/or outdated personal data is deleted or destroyed.
- Right to Request a Specific Data Processing Activity be Prohibited. You may request that the disclosure of your personal information to third parties and/or specific data processing activity be prohibited. You may also request that AGCO mark any processing of your personal information as disputed.
- Right to Request Deletion or Destruction of Personal Data. You have the right to request the deletion or removal of your personal information where there is no good reason for AGCO to continue to process it. You also have the right to request deletion or removal of your personal information where you have successfully exercised your right to object to processing (see below), where AGCO may have processed your information unlawfully or where AGCO are required to erase your personal information to comply with the law. Note, however, that AGCO may not always be able to comply with your request of destruction or deletion for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
- Right to be Informed. AGCO will provide you with information on how your personal information is being processed, which will only be processed for a purpose that you can recognize.
- AGCO will inform you if your personal information is subject to any decision made exclusively on automated processing which has a significant impact on you. AGCO will afford you the opportunity to express your views and if appropriate request that the automatic decision be reviewed by a human.
- Right to Information. You have the right to submit a request to AGCO to ask whether your personal information is being processed by AGCO and if so, receive a copy of the same.
- Objection to Processing of Personal Information. AGCO will only process your personal information as per the privacy principles outlined in the FADP and you have the right to object to AGCO processing the same.
International Transfers of Personal Information
Where Applicable Laws require an international transfer mechanism, we transfer your personal information on the basis of one or more of the following;
- AGCO Binding Corporate Rules for transfers within AGCO.
- Adequacy decisions as defined and maintained by the relevant Data Protection Authority.
- Standard Contractual Clauses as defined and maintained by the appropriate Data Protection Authority.
- Any other international transfer mechanisms available under Applicable Laws.
We may disclose your Personal Data to members of our corporate group, or our third-party service providers, located outside Switzerland.
Complaints
If you wish to report a violation of data protection regulations in Switzerland please contact:
Federal Data Protection and Information Commissioner (FDPIC)
Feldeggweg 1
CH – 3003 Bern
via their website at Contact (admin.ch) or the FDPIC hotline 058 462 43 95
9. Türkiye
General Conditions
Personal data processing in Türkiye is subject to the Personal Data Protection Law numbered 6698 ("KVKK Law"), and Personal Information shall only be processed in accordance with KVKK Law.
Data Controller and Representative
As per KVKK Law, AGCO may process your Personal Information within the below scope:
Purposes and legal grounds permitting the Processing of your Personal Information.
Your Personal Information may be collected by AGCO through different channels, including electronic and physical media, and may be processed domestically or abroad for the listed below in accordance with the personal data processing conditions specified in Articles 5 and 6 of Law No. 6698:
- Carrying out the business activities and operational processes of AGCO and planning and execution of its commercial strategies;
- Carrying out the necessary work by our relevant business units in order to realize the commercial activities carried out by AGCO, to benefit the relevant persons from the products and services offered, and to carry out the related processes;
- Planning and execution of AGCO’s customer relationship management processes;
- Planning and execution of AGCO’s processes, such as insurance, credit and finance;
- Conducting effectiveness, efficiency or relevance analyses of business activities, monitoring customer demands and complaints and conducting customer satisfaction activities;
- Ensuring that AGCO's activities are carried out in accordance with internal procedures or relevant legislation;
- Fulfillment of our obligations arising from laws and regulations we are subject to, carrying out our financial, legal and accounting affairs;
- Management of relations with business partners, suppliers and third parties to whom services are provided or from whom services are received, and ensuring the business and legal security of our Company and of the said persons;
- Planning internal and external training activities, customer satisfaction and performance evaluation studies;
- Planning and execution of logistics activities and ensuring the security of the company’s premises;
- Ensuring the sustainability of the work and activities carried out on social platforms and online channels;
- Sales, marketing and promotion processes of products and services, determination and customization of customer satisfaction, usage and service relating thereto;
- Conducting profiling and analysis activities to include customers in campaigns and to inform them about campaigns.
Transfers of Personal Information
Your collected Personal Information may be transferred to our business partners, suppliers, shareholders, affiliates, legally authorized public institutions and organizations, private persons, and third parties in Türkiye and abroad within the framework of the personal data processing conditions and purposes specified in Articles 8 and 9 of Law No. 6698 for the above-mentioned purposes, and this data may be processed domestically or abroad.
Your Rights: Rights of the Personal Information Owner listed in Article 11 of Law No. 6698
As the owner of Personal Information, you have the right to submit requests regarding your rights to AGCO. In such case, AGCO will address your request free of charge as soon as possible and within thirty days at the latest, depending on the nature of the request. However, if such effort requires AGCO to incur an additional cost, AGCO will charge for such effort the fee in the tariff determined by the Personal Data Protection Board.
In this context, Personal Information owners have the following rights:
- To learn whether their Personal Information is being processed,
- To request further information if their Personal Information has been processed,
- To learn the purpose of the processing of Personal Information and whether they are used for their intended purpose,
- To know the third parties to whom Personal Information is transferred domestically or abroad,
- To request correction of Personal Information in case of incomplete or incorrect processing and to request notification of the transaction made within this scope to third parties to whom Personal Information is transferred,
- Although it has been processed in accordance with the provisions of Law No. 6698 and other relevant laws, to request the deletion or destruction of Personal Information in the event that the reasons requiring its processing disappear and to request notification of the transaction made within this scope to third parties to whom personal data is transferred,
- To object to the emergence of a result to the detriment of the person themself by analyzing processed data exclusively through automated systems,
- In case of damage due to unlawful processing of Personal Information, the right to demand compensation for the damage.
To exercise your rights listed above, you may contact:
AGCO Tarım Makineleri Ticaret L.Ş.
Gebze OSB, Gençlik Cad,
Tembelova Area, No: 3001, Gebze, Kocaeli
e-mail: Privacy@AGCOcorp.com
10. United States of America
Notice at Collection
Under U.S. State Applicable Laws, consumers in the United States of America may be entitled to certain notices and disclosures regarding the collection and use of their Personal Information. This section is intended to provide the Notice required under the Applicable Laws.
While we do not sell Personal Information for monetary value, we may disclose Personal Information to third parties, such as our dealers, in such a way that may be considered a sale of Personal Information under the California Consumer Privacy Act as amended (CCPA). To stop such sales or the sharing of Personal Information, see Do Not Sell or Share My Personal Information.
Categories of Personal Information and the purposes for their collection.
California law requires that we detail the categories of Personal Information that we disclose for certain “business purposes.”
The table below outlines the categories of Personal Information that AGCO may process and the purposes of processing Personal Information. Each purpose may use some or all of the categories of Personal Information. This does not mean that all of the Personal Information categories are used for every purpose. For information on how to contact AGCO with enquiries about which categories of Personal Information are used for specific purposes, please see the Contact Details section.
Categories of Personal Information Processed by or on behalf of AGCO | Purposes for which AGCO may Process your Personal Information |
Personal Details: Name; salutation, gender; photograph; video; date of birth; profession; business or employer; sector; vehicle registration number.
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To verify your identity and ensure the security of your Personal Information. To give effect to your legal rights and your rights under this Statement. To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To establish, exercise or defend legal claims. To comply with Applicable Laws and our other applicable policies. To fulfil the terms of a contract between you and us. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. |
Contact details: Email address; postal address; telephone number; fax number; customer ID.
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To verify your identity and ensure the security of your Personal Information. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To send you communications regarding the administration of your accounts and the features of a Site, an App, or a Device. To fulfil the terms of a contract between you and us. To notify you about changes to a Site, an App, or a Device. To give effect to your legal rights and your rights under this Statement. To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
Special Category Data and Sensitive Personal Information |
AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. In the event that you provide, or AGCO incidentally collects or otherwise processes your Sensitive Personal Information, we will do so for the following reasons: To fulfil the terms of a contract between you and us. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
Data relating to Sites or Apps: Technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App, Device, usage statistics, settings, dates and times of connecting to the App, Site or a Device, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data including data volumes; aggregate statistical information.
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To display the content of a Site, an App or a Device, and any customisations you may select. To understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle). To administer content, promotions, surveys or other features of a Site, an App, or a Device. To improve our Sites or Apps. To perform data analysis and other Processing (including trend analysis and financial analysis). To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
Machine Data: Farm management data; land data; agronomic data; vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location. |
To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies.
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Commercial data: Financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests. |
To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
Marketing data: Advertising interests; cookie data; clickstream data; browsing history; responses to customer satisfaction surveys and direct marketing; as well as opt-outs from direct marketing. We maintain a suppression list in case you elect to opt out of direct marketing or otherwise exercise your data subjects’ rights. The suppression list is maintained for ten years to ensure we do not contact you should we receive your information from a third party. |
To administer content, promotions, surveys or other features of a Site, an App, or a Device. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To comply with Applicable Laws and our other applicable policies.
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Your Rights
Depending on which U.S. State you reside in, State Law provides you with specific rights regarding your Personal Information. This section describes the rights you may have and explains how to exercise those rights. This section addresses:
- Right to Know
- Right to Delete
- Exercising Rights to Know and Delete
- Right to Opt-Out of Sale of Personal Information: Do Not Sell My Personal Information
- Right of Non-Discrimination
- Right to Limit Use of Sensitive Personal Information
Right to Know
You may have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months, including what Personal Information we collect, use, disclose and sell. Once we receive and confirm your verifiable consumer request (see “Exercising Rights to Know and Delete” below), we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you.
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
We do not provide the rights above under “Right to Know” for B2B Personal Information.
Right to Delete
You may have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Rights to Know and Delete” below), we will delete (and direct our service providers to delete) your Personal Information from our records unless an exception applies. We may deny your deletion request, in whole or in part, if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfil the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and Privacy Laws when the information's deletion may likely render impossible or seriously impair the research's achievement if you previously provided informed consent
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us, such as future field campaigns or product safety issues.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We do not provide these deletion rights for B2B Personal Information.
Exercising Rights to Know and Delete
To exercise the Rights to Know and Delete as described above, please submit a verifiable consumer request to us by either:
- Calling us toll-free at AGCO Answers: (855)-899-0035.
- Emailing us at Privacy@AGCOcorp.com.
- Visiting Data Subject Rights Form.
- Accessing an account you have with us.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only exercise the Right to Know twice within a 12-month period.
Right to Opt-Out of Sale of Personal Information
While we do not disclose Personal Information to any third party for monetary consideration, we do provide Personal Information to our authorized dealers, and we may receive certain non-monetary benefits as a result. Such disclosure may be considered a “sale” under applicable State law in some circumstances.
Our websites and products are not intended for minors, and we do not target minors. We do not have actual knowledge that we sell the Personal Information of minors under the age of 16. If you are 16 years of age or older, you have the right to direct us not to sell your Personal Information at any time (the "Right to Opt-Out"). To exercise the Right to Opt-Out, you (or your authorized representative) may submit a request to us by visiting Data Subject Rights Form.
You are welcome to change your mind and opt back in at any time. We may not request that you change your mind for at least 12 months after you opt out.
Right of Non-Discrimination
You may have the right not to receive discriminatory treatment for exercising any of your rights. Unless permitted by the applicable State law, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties.
- Provide you with a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the applicable State law that can result in different prices, rates, or quality levels. Any State law-permitted financial incentive we offer will reasonably relate to the value of your Personal Information and contain written terms that describe the program's material aspects that would be separately provided. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Right of Limit Use of Sensitive Personal Information
You may have the right to direct us to limit the use of your sensitive personal information to the following types of activities in accordance with applicable State Laws;
- Perform the services or provide the goods you reasonably expect.
- Help ensure the security and integrity of our services, systems, and data.
- To prevent malicious, deceptive, fraudulent, or illegal acts, and to protect the physical safety of individuals to the extent that the processing is reasonably necessary and proportionate.
- Collect or process sensitive personal information where the collection or processing is not for inferring characteristics about the individual.
- Any other activities in accordance with current or future regulations that are issued pursuant to applicable State Laws.
Authorized Agent Requirements
Under applicable State law, a consumer may use an authorized agent to make a privacy request on the consumer’s behalf. To make a request on behalf of a consumer, the authorized agent must first provide a copy of either (a) a letter signed by the customer authorizing the agent to submit a request on his or her behalf or (b) a valid power of attorney issued pursuant to applicable State law. An authorized agent must email one of these documents to Privacy@agcocorp.com and include a telephone number where the agent may be reached during regular business hours. We may deny agent-based requests submitted without the required proof of authorization.
If you authorize an agent to make a verified request on your behalf, we may require that you:
- Directly verify your own identity with us, and
- Directly confirm that you authorized the agent to act on your behalf.
Household Requests
Under applicable State law, all members of a household may have the right to jointly request access to specific pieces of Personal Information for the household or the deletion of all household Personal Information. To make a household request, each member of the household must first submit a Right to Know or Right to Delete Request on an individual basis (see ‘Exercising Rights to Know and Delete’ above). After submitting the individual requests, each member must email Privacy@AGCOcorp.com and request that their Right to Know and Right to Delete requests be combined with the other members of their household. Each email must include the names of every person in the household and the reference number for each member’s individual Access or Deletion request. If we do not receive an email request from every household member within 7 days of the date on which the first request was submitted, or if we cannot verify any household member’s identity, the household request will not be processed, and we will instead process each verified request on an individual basis.
Verification of Requests
When a request is made, you must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We may first take steps to verify your identity to protect your privacy and security by asking you to provide information that matches the information in our records. We may also require a declaration, signed under penalty of perjury, that you are the person whose Personal Information is the subject of the request. Further, if you designate an authorized agent to make a request on your behalf, you will have to submit information confirming such designation. See below regarding authorized agents. Subject to Applicable Laws, we will not act upon a request until your identity has been sufficiently verified.
A record concerning the requests may be maintained pursuant to our legal obligations.
To verify your request, we may ask you for the following information:
- Your Name
- Your Address
- Your Email Address
- Your Telephone Number
- Additional information depending upon the type of request and the sensitivity of the information. For example, to verify a Request to Delete or Request to Know specific information, we may require that you provide information about a transaction or product, such as the serial number of a piece of equipment or information about an interaction with us.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we may consider requests made through your password-protected account sufficiently verified when the request relates to Personal Information associated with that specific account, provided the functionality is available.
We endeavor to fulfil a verifiable consumer request exercising the Rights to Know and Delete within 45 days of its receipt. If we require more time, we will inform you in writing of the reason and the extension period.
If you have an account with us, we may deliver our written response to your request to that account, provided that such functionality is available. If you do not have an account with us, or the functionality is not available for your account, we will deliver our written response by mail or electronically, at your option, in our standard format.
Any disclosures we provide under the Right to Know will only cover the 12-month period preceding the date we received the verifiable consumer request. The response we provide with respect to the right to know or deletion will also explain the reasons we cannot comply with a request, if applicable.
We do not plan to charge a fee to process or respond to requests exercising the Rights to Know and Delete but reserve the right to do so if excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
11. United Kingdom
Categories, purposes, and legal grounds permitting the Processing of your Personal Information.
The table below outlines the categories, purposes, and legal grounds permitting the Processing of your Personal Information. Each purpose may use some or all of the categories of Personal Information and may have more than one legal ground permitting the Processing of that Personal Information. This does not mean that all of the Personal Information categories are used for every purpose or legal ground. For information on how to contact AGCO with enquiries about which categories of Personal Information are used for specific purposes, please see the Contact Details section.
Categories of Personal Information Processed by or on behalf of AGCO | Purposes for which AGCO may Process your Personal Information |
Legal Grounds for Processing Personal Information |
Personal Details: Name; salutation, gender; photograph; video; date of birth; profession; business or employer; sector; vehicle registration number.
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To verify your identity and ensure the security of your Personal Information. To give effect to your legal rights and your rights under this Statement. To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To establish, exercise or defend legal claims. To comply with Applicable Laws and our other applicable policies. To fulfil the terms of a contract between you and us. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. |
We have obtained your prior express consent to the Processing. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is necessary to protect the vital interests of any individual. The Processing is required by Applicable Laws. The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms. Any other lawful basis available under Applicable Laws. |
Contact details: Email address; postal address; telephone number; fax number; customer ID.
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To verify your identity and ensure the security of your Personal Information. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To send you communications regarding the administration of your accounts and the features of a Site, an App, or a Device. To fulfil the terms of a contract between you and us. To notify you about changes to a Site, an App, or a Device. To give effect to your legal rights and your rights under this Statement. To protect against fraud, identity theft, and any other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
We have obtained your prior express consent to the Processing. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is necessary to protect the vital interests of any individual. The Processing is required by Applicable Laws. The Processing is necessary for our legitimate interests, which do not unfairly prejudice your rights and freedoms. Any other lawful basis available under Applicable Laws. |
Special Category Data and Sensitive Personal Information |
AGCO does not seek to collect or otherwise Process your Sensitive Personal Information or Special Category Data. In the event that you provide, or AGCO incidentally collects or otherwise processes your Sensitive Personal Information, we will do so for the following reasons: To fulfil the terms of a contract between you and us. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
We have obtained your prior express consent to the Processing. The Processing is necessary for the establishment, exercise or defence of legal claims. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Data relating to Sites or Apps: Technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App, Device, usage statistics, settings, dates and times of connecting to the App, Site or a Device, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data including data volumes; aggregate statistical information.
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To display the content of a Site, an App or a Device, and any customisations you may select. To understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle). To administer content, promotions, surveys or other features of a Site, an App, or a Device. To improve our Sites or Apps. To perform data analysis and other Processing (including trend analysis and financial analysis). To protect against fraud, identity theft, and other unlawful activity. To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies. |
We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Machine Data: Farm management data; land data; agronomic data; vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location.
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To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies.
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We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Commercial data: Financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests.
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To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To establish or exercise AGCO’s legal rights or defend legal claims. To comply with Applicable Laws and our other applicable policies.
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We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. The Processing is necessary to protect the vital interests of any individual. The Processing is required by Applicable Laws. Any other lawful basis available under Applicable Laws. |
Marketing data: Advertising interests; cookie data; clickstream data; browsing history; responses to customer satisfaction surveys and direct marketing; as well as opt-outs from direct marketing. We maintain a suppression list in case you elect to opt out of direct marketing or otherwise exercise your data subjects’ rights. The suppression list is maintained for ten years to ensure we do not contact you should we receive your information from a third party.
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To administer content, promotions, surveys or other features of a Site, an App, or a Device. To send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing. To perform data analysis and other Processing (including trend analysis, modelling and financial analysis). To comply with Applicable Laws and our other applicable policies.
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We have obtained your prior express consent to the Processing. We have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests. The Processing is necessary in connection with a contract entered into with you or for your benefit. Any other lawful basis available under Applicable Laws. |
Your Rights
Under certain circumstances, you have the following rights under Applicable Laws in relation to your personal information:
- Notification that your personal information is being collected. When your personal information is collected, you have the right to be informed that your information is collected and where the information is not collected from you, you have the right to be informed of the source from whom/which it is collected.
- Request access to your personal information. You have the right to confirm, free of charge, whether or not AGCO holds any of your personal information, and to the extent that AGCO does hold your information, to request a copy or description of that record. You will be required to provide adequate proof of your identity so that AGCO can confirm your identity and ensure your right to access your personal information. AGCO may need to request other specific information from you to help process your request. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. AGCO may also contact you to ask you for further information in relation to your request to speed up our response.
- Request correction of your personal information. You have the right to request rectification or deletion of your personal information where it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.
- Request the destruction or deletion of your personal information. You have the right to request the deletion or removal of your personal information where there is no good reason for AGCO to continue to process it. You also have the right to request deletion or removal of your personal information where you have successfully exercised your right to object to processing (see below), where AGCO may have processed your information unlawfully or where AGCO are required to erase your personal information to comply with the law. Note, however, that AGCO may not always be able to comply with your request of destruction or deletion for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal information. You have the right to object to AGCO’s processing of your personal information where AGCO are relying on a legitimate interest (or those of a third party), and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where AGCO are processing your personal information for direct marketing purposes. In some cases, AGCO may demonstrate compelling legitimate grounds to process your information, which overrides your right to object to processing.
- Request restriction of processing your personal information. This enables you to ask AGCO to suspend the processing of your personal information in the following scenarios:
- If you want AGCO to establish the information’s accuracy.
- AGCO no longer needs the information for the purpose for which the information was initially collected, but AGCO needs it for purposes of proof.
- Where AGCO’s use of the information is unlawful, but you do not want AGCO to erase it.
- If you want AGCO to transmit your personal information to another automated processing system.
- Withdraw consent. You have the right to withdraw your consent at any time where AGCO are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, AGCO may not be able to provide certain products or services to you. AGCO will advise you if this is the case at the time you withdraw your consent.
- Submit a complaint to the relevant Data Protection Authority (see below for more details).
Complaints
If you wish to exercise your right to lodge a complaint to the Data Protection Authority, please contact The Information Commissioner’s Office through their website at https://ico.org.uk/, by phone on 03031231113 or in writing to Wycliffe House, Water Lane, Wilmslow, SK9 5AF.
In this Statement, capitalized terms have the following meanings:
Applicable Laws means all laws, statutes or regulations applicable to the respective AGCO affiliate(s).
Data Protection Authority means an independent public authority that is legally tasked with overseeing compliance with Data Protection Laws.
Data Protection Laws means all Applicable Laws relating to the Processing of Personal Information.
Machine Data means any data that has been generated and/or collected from your machinery generated by, collected by, or stored in machinery or any hardware or device interfacing with the machinery, whether by means of telemetry or otherwise. Machine Data may include elements of Personal Information.
Personal Information means any information relating to an identified or identifiable natural person that is protected under privacy or data protection provisions in Applicable Laws.
Process or Processing means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, including but not limited to: collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
Sensitive Personal Information means any information relating to an identified or identifiable natural person that has special protections under privacy or data protection provisions in Applicable Laws.