This Privacy Statement (the “Statement”) is provided by AGCO Corporation and its subsidiaries and affiliates (together “AGCO”, “we” or “us”). Capitalised terms not defined in the body of this Statement are defined in the Glossary at the end of this Statement.
Scope of this Statement
AGCO respects your privacy and is committed to protecting your personal information. This Statement will inform you as to how we look after your personal information and tells you about your privacy rights and how the law protects you.
This Statement governs the manner in which AGCO collects and further Processes Personal Information about individuals and juristic entities who use AGCO’s products or services (“you”). We encourage you to read this Statement carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Statement.
AGCO has a separate Statement governing the processing of Machine Data. Should there be any discrepancy between the terms of this Privacy Statement and Machine Data Statement respective to processing of Personal Information then the terms of this Privacy Statement shall control respective to conflicting terms with respect to Personal Information only.
AGCO is made up of different legal entities.. This Statement is issued on behalf of the AGCO Group so when we mention "AGCO", "we", "us" or "our" in this Statement, we are referring to the relevant company in the AGCO Group responsible for processing your Personal Information in respect of the circumstances to which this Statement applies.
We have appointed an information officer (IO) who is responsible for overseeing questions in relation to this Statement. If you have any questions about this Statement, including any requests to exercise your legal rights, please contact the IO using the details set out below.
AGCO may collect Personal Information from you
AGCO may collect Personal Information from you in the following circumstances:
- AGCO may collect or obtain Personal Information when you visit any AGCO website (each a “Site”) or use any features or resources available on or through a Site. When you visit a Site, your device and browser will automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site and other technical communications information) some or all of which may constitute Personal Information.
- AGCO may collect or obtain the following Personal Information when you download or use an AGCO mobile app (each an “App”). AGCO Apps may record certain information (including App usage statistics, device type, operating system, App settings, IP address, language settings, dates and times of connecting to the App, location data, and other technical communications information) some or all of which may constitute Personal Information. An App may have its own Privacy Statement, which includes more specific information and you should review before using the relevant App.
- AGCO may collect or obtain Personal Information when you register to use any service provided by AGCO via a Site or an App, or log into a Site or an App, including the following: registration details, login name, email address, password, security question and, if applicable, payment details.
- AGCO may collect or obtain Personal Information when you use any AGCO telemetry devices or data recording devices (each a “Device”) including the following: (i) if you purchase a vehicle that is equipped with a Device, AGCO may collect Machine Data about the vehicle; and (ii) if you have enabled location-based functions, AGCO may collect location data. Furthermore AGCO may collect Machine Data when performing inspection, warranty or other services.
- AGCO may collect or obtain Personal Information when you provide Personal Information to a AGCO authorized distributor or reseller (“Dealer”) (whether in person, by mail, by phone, online, via electronic communication or by any other means).
- AGCO may collect or obtain Personal Information when you contact AGCO (whether in person, by mail, by phone, online, via electronic communication or by any other means).
- AGCO may collect or obtain Personal Information that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
AGCO may receive personal Information about you from others
AGCO may receive Personal Information about you from third parties. For example:
- AGCO may receive Personal Information about you from Dealers, as outlined above.
- If you interact with third party content or advertising on a Site or in an App, AGCO may receive Personal Information about you from the relevant third party, in accordance with that third party’s applicable privacy Statement.
- If you choose to make payment directly to AGCO, or through a Site or an App, or through a Dealer, AGCO may receive Personal Information about you from third parties such as payment services providers, for the purposes of that payment, including the following: purchase details, payment data, credit card data.
- To the extent that any credit reference checks are carried out by AGCO or on its behalf, in connection with an application for credit, in accordance with Applicable Laws, AGCO and/or the relevant Dealer may receive Personal Information about you from credit reference agencies and other third parties, for the purposes of that credit check, including the following: confirmation of whether the reference agency was able to verify your details; and the results of the reference check including your credit rating.
- In complying with its obligations under Applicable Laws, AGCO may receive Personal Information about you from law enforcement agencies and public authorities.
- AGCO may receive Personal Information about you from public sources (such as telephone directories, land ownership records, lien records, etc.).
- If you interact with any third party content or advertising on a Site or in an App (including third party plugins and cookies), AGCO receives Personal Information about you from the relevant third party provider of that content or advertising.
Personal Information you provide about others
In some circumstances, you may provide AGCO with Personal Information about others. For example, you might mention another AGCO customer when commenting on an ACGO product. Whenever you provide any such Personal Information, you must ensure that this does not violate those third parties’ rights. If you are unsure whether the third party agrees with you providing its Personal Information, please refrain from communicating such Personal Information to AGCO.
Categories of personal Information processed by or on behalf of AGCO
The categories of Personal Information that may be Processed by, or on behalf of, AGCO under this Statement (to the extent permitted by Data Protection Laws) include:
- personal details: names; gender; photograph; date of birth; profession; business or employer; sector; username or similar identifier; marital status; title; company registration number; tax number; and may also include due diligence (know-your-client) information;
- contact details: email address; postal address; telephone number; fax number; customer ID;
- 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 usage statistics, App settings, dates and times of connecting to the App, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data; aggregate statistical information;
- 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*
- commercial details: 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;
- Technical Information includes internet protocol (IP) address, your login information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website; and
- marketing data: advertising interests; cookie data; clickstream data; browsing history; responses to direct marketing; and opt-outs from direct marketing.
* Machine Data may also qualify as Personal Information if we associate it with an identified or identifiable natural person in which case AGCO shall follow both statements. Should there be any discrepancy between the terms of this Privacy Statement and Machine Data Statement respective to processing of Personal Information then the terms of this Privacy Statement shall control respective to conflicting terms with respect to Personal Information only.
Lawful basis for processing personal Information
In Processing your Personal Information in connection with the purposes set out in this Statement, AGCO may, depending on the circumstances, rely on any of the following legal bases:
- 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;
- the Processing is required by Applicable Laws;
- the Processing is necessary to protect the vital interests of any individual; or
- any other lawful basis available under Applicable Laws.
Processing your special personal Information
AGCO does not seek to collect or otherwise Process your Special Personal Information, except where:
- the Processing is required or permitted by Applicable Laws;
- the Processing is necessary is in order to establish, exercise or defend legal claims;
- AGCO has obtained your prior explicit consent before Processing your Special Personal Information; or
- any other lawful basis for Processing Special Personal Information.
Purpose for which AGCO may process your personal Information
AGCO may Process your Personal Information for the following purposes in particular, to the extent permitted by Data Protection Laws:
- to display the content of a Site, an App or a Device, and any customisations you may select;
- to monitor, adapt, update, secure and improve our products and services to you;
- to verify your identity and ensure the security of your Personal Information;
- to respond to your service requests and support needs;
- 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 send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing;
- to send you communications regarding administration of your accounts and the features of a Site, an App, or a Device;
- to notify you about changes to a Site, an App, or a Device;
- to perform data analyses and other Processing (including trend analysis and financial analysis);
- 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; and
- to comply with Applicable Laws and our other applicable policies.
Change of Purpose
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
If you fail to provide 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.
Internal transfers of personal Information
We may make use of Processing facilities controlled or operated by members of our corporate group, or our third party service providers, located in jurisdictions other than the jurisdiction in which your Personal Information were originally collected. In particular, the content and features of a Site, an App or a Device may be provided by means of servers located outside your jurisdiction (including, but not limited to, servers located in the United States). Your Personal Information may be transferred to, and Processed using, those servers or other Processing facilities, as part of the operation of a Site, an App or a Device, or in connection with any of the Processing purposes set out in this Statement, subject always to compliance with the provisions of Applicable Laws. These transfers are necessary in order to provide our products and services to you in an efficient and effective manner. By providing Personal Information to AGCO under this Privacy Statement, you acknowledge that your Personal Information may be transferred to locations outside your jurisdiction. If you do not wish for your Personal Information to be transferred to other jurisdictions, please do not provide your Personal Information to AGCO, nor use any Sites, Apps or Devices.
We share your personal information within the AGCO Group. This will involve transferring your information outside the Republic of South Africa. Where we transfer your Personal Information to other countries, we do so in accordance with Applicable Law and subject to the necessary legal measures for safeguarding that information.
Protection of your personal Information
AGCO is committed to Processing your Personal Information securely. We adopt appropriate data Processing practices, and appropriate technical and organisational security measures, to protect against unauthorised access, alteration, disclosure or destruction of Personal Information. The Internet is not, in itself, a secure environment and we cannot provide an absolute assurance that your Personal Information transferred using the Internet will be secure at all times. Transmission of Personal Information over the Internet is at your own risk and you should only use secure systems to access Sites, Apps or Devices.
You are responsible for keeping your access credentials for each Site, App and Device safe and confidential. You should frequently change your access credentials and you must notify AGCO promptly if you become aware of any misuse of your access credentials, and immediately change your access credentials.
Disclosure of your personal Information
We will not sell, trade, or rent your Personal Information to others without your consent. We may, however, share or disclose your Personal Data to third parties in the following circumstances:
- We may disclose your Personal Information to employees and agents of AGCO, to the extent necessary to provide the services.
- We may share your Personal Information with recipients within AGCO, for the purposes of operating our business, operating Sites, Apps or Devices, providing you with products or services you have selected, or otherwise for the purposes set out in this Statement.
- We may share your Personal Information with recipients outside AGCO, including Dealers, for the purposes of operating our business, , including disclosure to our professional advisors such as auditors and lawyers, operating Sites, Apps or Devices, providing you with products or services you have selected, or otherwise for the purposes set out in this Statement.
- We may use third party service providers to help us operate our business, operate Sites, Apps or Devices, provide you with products or services you have selected, or to administer activities on our behalf, such as sending out newsletters or surveys. We may share your Personal Information with such third parties for the purposes set out in this Statement.
- We may share aggregate demographic information with our business partners, trusted affiliates and advertisers for the purposes outlined in this Statement. While we make all reasonable efforts to ensure that such information is anonymized, it is possible that your Personal Information may be disclosed.
- Subject to obtaining your consent, we may share your Personal Information with our third party marketing partners, for direct marketing purposes. You may withdraw your consent at any time, or object at any time to the Processing of your Personal Information for direct marketing purposes.
- If you make a payment via a Site or an App, or directly to AGCO or a Dealer, your Personal Information may need to be provided to third parties (e.g., payment services providers) for the purposes of facilitating those payments.
- If we sell, merge or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, liquidation or other restructuring), we may disclose your Personal Information to the prospective seller or buyer, or their representatives, provided that we have first taken reasonable steps to ensure the security and confidentiality of your Personal Information.We also may disclose your Personal Information:
(i) to the extent necessary to establish, exercise or defend legal claims;
(ii) if required by Applicable Laws or regulations;
(iii) in response to requests from government agencies and law enforcement authorities;
(iv) when disclosure is necessary or appropriate to prevent physical harm or material financial loss; or
(v) for the purposes of investigating unlawful activity.
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
Third Party Services
As set out in this Statement, we, may contact you via email, text message, or other electronic means, from time to time, to provide you with information relating to products or services that may be of interest to you. If you wish to unsubscribe from these communications, we include detailed unsubscribe instructions in each such communication. Alternatively, you may use the unsubscribe features provided through our Sites and Apps.
Please note that, in the event that you unsubscribe from receiving communications relating to marketing or advertising, we may nevertheless continue to contact you for the purposes of carrying out your instructions, enabling you to make any purchases you request, administration of your account, or as required or permitted by Applicable Laws.
AGCO offers data subjects the opportunity to define, during their lifetime, the instructions that should be followed after their death with regard to their personal data. Should the data subject pass away without leaving clear instructions about how to manage their personal data, we can also work with immediate family members and representatives to remove personal data of a deceased person where appropriate. In certain circumstances we may provide beneficiaries of deceased data subjects with reasonable information on the data held about the deceased data subject by AGCO. We shall not provide passwords or other login details. Any decision to respond to a request regarding a deceased data subject will need to be balanced against the obligation to keep information secure, safe, and private.
Personal Information of Children
We do not knowingly collect or further Process Personal Information of children under 18 years of age. We ask parents or legal guardians to assist us by supervising the activities of children in relation to our Sites, Apps and Devices, and by not allowing them to submit any Personal Information through and Site, App or Device.
It is your responsibility to ensure that your Personal Information held by AGCO is complete, accurate and up-to-date.
Subject to Applicable Laws, you may have the following rights:
- the right to be informed that your Personal 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;
- the right to request access to, or copies of, your Personal Information that we Process free of charge;
- the right to request correction of any inaccuracies in your Personal Information;
- the right to object, on legitimate grounds, to the Processing of your Personal Information;
- the right to request, on legitimate grounds:
- erasure of your Personal Information that we Process (note, however, that we 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); and
- restriction of Processing of your Personal Information that we Process;
- where we Process your Personal Information solely on the basis of your consent, the right to withdraw that consent;
- the right to object to our processing of your personal information where we 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 we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object to processing
- the right to be notified, where reasonable grounds exist for us to believe that your personal information has been accessed or acquired by an unauthorised person;
- the right to lodge complaints regarding the Processing of your Personal Information with the Information Regulator; and
- the right to institute civil proceedings regarding the alleged interference with the protection of your personal information.
This does not affect your statutory rights. You may exercise any of these rights by using the contact details provided below.
AGCO South Africa
16 Pomono Road
Tel; +27112308623 / +27609610877
If you contact us, we will endeavour to investigate and attempt to resolve each query or complaint within one month, or such other period as may be required under Applicable Laws.
You have the right to make a complaint at any time to the Information Regulator, the South African regulatory authority for personal information protection issues (http://www.justice.gov.za/inforeg) (Information Regulator). We would however, appreciate the opportunity to deal with your concerns before you approach the Information Regulator so please contact us in the first instance.
Acceptance of this Policy
By using any Site, App or Device, you are deemed to have accepted this Policy. If you do not accept the terms set out in this Policy, you must not use any Sites, Apps or Devices.
Amendments to this Policy
In this Policy, capitalised terms have the following meanings:
- Applicable Laws means all laws, statutes or regulations applicable to the respective AGCO affiliate(s).
- Information Regulator means the independent public authority that is legally tasked with overseeing compliance with Data Protection Laws.
- Data Protection Laws means the Protection of Personal Information Act, 2013 and any rules or regulations made subsequent thereto, as well as any amendments.
- 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 living natural person, or an existing juristic person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, mental, economic, cultural or social identity.
- Process or Processing means any operation or set of operations which is performed on 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.
- Special Personal Information means any Personal Information relating to race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, or sexual life, any actual or alleged criminal offences or penalties to this list, or national identity numbers.