Version: 02.07.2024
The subsequent Privacy Statement from CLAAS KGaA mbH "CLAAS") outlines how your personal data is processed on this website.
Data Protection Information
Version: 02.07.2024
The subsequent Privacy Statement from CLAAS KGaA mbH "CLAAS") outlines how your personal data is processed on this website.
I. Name and Contact Details for the Controller
The controller is:
CLAAS KGaA mbH
Mühlenwinkel 1
33428 Harsewinkel
Germany
infoclaas@claas.com
Name and contact details of the Controller’s representative in the UK
The representative of the responsible party in the UK is:
Trevor Tyrrell
ATTN: CLAAS UK Ltd.
Saxham, Bury St. Edmunds, Suffolk, IP28, 6QZ
United Kingdom
II. Contact details for the Data Protection Officer
The Group Data Protection Officer can be contacted as follows:
CLAAS KGaA mbH
Data Protection Officer
Mühlenwinkel 1
33428 Harsewinkel
Germany
group.dpo@claas.com
III. Storage Duration
CLAAS stores your personal data only for as long as such storage is necessary to achieve the purpose for which it was collected or processed. CLAAS stores your data for the duration of the business relationship, if such storage is necessary. This particularly includes contract initiation and execution.
Furthermore, CLAAS stores your personal data insofar as and for as long as such is necessary to fulfill contractual or statutory obligations. We process your data in this manner in order to comply with verification and retention requirements for commercial or tax law purposes. The periods for retention and documentation provided in that case are six years in accordance with the commercial law provisions as per § 257 HGB [Handelsgesetzbuch, German Commercial Code] and up to ten years based on the tax requirements as per § 147 AO [Abgabenordnung, German Fiscal Code], insofar as they are not still required for tax purposes (e.g., because an external audit is still ongoing). The deadlines begin at the end of the calendar year in which the document was created.
If the data is no longer required in order to comply with contractual or statutory obligations, it will be deleted on a regular schedule, unless it is the case that you have given CLAAS consent to process your data and/or that further processing is necessary due to the legitimate interests of CLAAS, such as, for customer re-engagement, for defense against legal claims in litigation. When processing data for defense against legal claims in litigation, the storage period is also based on the statutory periods of limitation. As per §§ 195 et seq. of the German Civil Code (BGB), these periods are up to 30 years, whereby the regular period of limitation is 3 years starting with the end of the calendar year in which the claim arises. In this case, processing will be restricted, i.e., restricted to the minimum amount necessary for this purpose and blocked for other purposes.
The above does not apply if anything to the contrary is specified in the particular privacy policy.
IV. Categories of Recipients
V. Transmission to Third-Party Countries
Insofar as we transmit your personal data ourselves or through service providers in countries outside the European Union, we comply with the special requirements of Art. 44 ff. GDPR and also obligate our service providers to adhere to these same regulations. We will therefore only transfer your data to countries outside the European Union subject to the level of protection guaranteed by the GDPR. This level of protection is guaranteed in particular via an "adequacy decision" adopted by the EU Commission or via suitable guarantees in accordance with Art. 46 GDPR.
Data will be transmitted to third countries (countries outside the EU or the European Economic Area (EEA)) if, for example, this is
Insofar as the EU Commission has not issued a decision for a level of data protection commensurate to the European data protection requirements for the country in question, we will ensure through appropriate contracts that your rights and freedoms are adequately protected. Such a stipulation ensures that the Recipient of the data has an adequate level of data protection, in particular through the stipulation of contractual clauses of the European Union with the Recipient, called "EU standard contractual clauses." Otherwise, we are also permitted to transmit data based on your express consent. You can revoke your consent at any time with future effect; see Section A.VI. We will provide you with more detailed information free of charge upon request using the contact details provided above.
Please note that the following risks exist insofar as we use your consent as the sole basis for data processing by recipients that do not provide an adequate level of data protection: There may not be sufficient rules for the adequate protection of your personal data; there is no data protection supervisory authority; the exercise of your data subject rights relating to data protection law may be difficult or disregarded; there are no controls over the processing and transfer of data to third parties.
Please refer to the Particular Data Protection Information for more details.
VI. Obligation to Provide Personal Data
Unless otherwise specified in the Special Privacy Statement, you are neither legally nor contractually obliged to provide your data.
VII. Data Subject Rights
In accordance with Art. 15 GDPR, you have the right to access to the data stored about you. In accordance with Art. 16 GDPR, you have a right to rectification if incorrect personal data about you has been processed. If the legal requirements are met, you can request deletion or restriction of the processing and likewise, you can object to the data processing (Art. 17, 18 and 21 GDPR). According to Art. 20 GDPR, you can assert the right to data portability for data that is processed automatically on the basis of your consent or a contract with you.
| Information about Your Right to Object according to Art. 21 GDPR |
|
You may object without adherence to any formal requirements by addressing your notification, if possible, to
| Right to Withdraw Your Consent according to Art. 7 (3) GDPR |
If you have given your consent to having your personal data processed, you have the right to withdraw your consent at any time. Withdrawing your consent does not affect the lawfulness of any processing conducted based on your consent before it was withdrawn. You can withdraw your consent without any kind of form. You can contact us using the contact details indicated in Section A. II. If CLAAS provides additional options for asserting your wish to withdraw your consent (e.g., unsubscribe link in every newsletter email), you will be informed of this in the Special Privacy Statement. |
You can assert your rights vis-à-vis CLAAS using the contact details provided in Part A.II.
If you believe that data processing violates data protection law, you have the right to lodge a complaint with a data protection supervisory authority of your choice. (Art. 77 GDPR).
You can also submit your complaint at any time to the Data Protection Officer at CLAAS (privacy@claas.com).
If you assert your Data Subject Rights under data protection law, we will process your data in order to fulfill our legal obligations as per Art. 6 (1)(1)(c) GDPR in conjunction with Art. 15-22 (12)(3-6) GDPR and Art. 7 (3) GDPR. This includes the processing of your data for the purpose of clearly identifying the individual concerned in the data processing; the request for additional information in order to confirm your identity. We do this based on our legal obligation according to Art. 12 (6) GDPR; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. This includes forwarding the data to the Recipients as defined in Art. 19 GDPR, insofar as requests for the correction of data, the deletion of data, or the restriction of processing (Art. 16, 17 (1, 18) GDPR) are concerned and insofar as the relevant communication is to these Recipients (Art. 19 GDPR) and to you as the individual concerned (Art. 12 GDPR).
I. Provision of Our Website to the General Public
When you use the website for informational purposes only, i.e., if you do not register or otherwise provide CLAAS with information (e.g., via our contact form), CLAAS only collects the personal data that your browser sends to our server. Data collection is technically necessary in order to be able to display the website to you. The legal basis is Art. 6 (1)(1)(f) GDPR; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. Storing log files beyond your visit to the site is necessary in order to ensure the functionality of the website and the security of the information technology systems. The legal basis for this data processing is Art. 6(1)(1)(f) GDPR; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. You can object to data processing based on your legitimate interest at any time with future effect; cf. Section A.VII. Our legitimate interest in data processing also lies in the purposes indicated above.
The following categories of data are collected when you visit the website: usage and traffic data, technical documentation data, and log data, e.g.,
The data are erased as soon as they are no longer necessary for the purpose for which they were collected. When the website is available, this is the case when the respective session has ended. If the data is stored in log files, this is the case no later than after 30 days. The data will not be stored alongside your other personal data.
In order to display external content on our website (e.g., integrating an IFRAME to display the CLAAS Collection catalog), we transmit your personal data as outlined above to third parties (e.g., CLAAS Group companies). The legal basis is Art. 6(1)(1)(f) GDPR; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. Our legitimate interest is to make our website more interesting and user-friendly for you. You can object to data processing at any time with future effect on the basis of your legitimate interests; see Section A.VII.
II. Use of Services (e.g., Cookies, Analysis/Remarketing Tools)
CLAAS uses services (e.g., cookies and analysis/remarketing tools) on this website. These services assist CLAAS in storing information on your device (e.g., in your browser) and/or in accessing information that is already stored on your device. This information can be both personal and independent of personal references. If necessary, this storing or accessing may be followed by subsequent processing of personal data as per your category selection.
CLAAS uses the following services in the following categories:
§ 25 (2) TTDSG [Telekommunikation-Telemedien-Datenschutz-Gesetz, Telecommunications and Telemedia Data Protection Act] serves as the legal basis, in conjunction with Art. 6 (1)(1)(b, c, f) GDPR, should use of the service (i.e., storing information in your device and/or accessing information stored in your device) be technically necessary. This information can be both personal and independent of personal references. If the storage or access is followed by the processing of personal data about you, we will process it to the extent that such is
You can object to data processing based on legitimate interests at any time with effect for the future, cf. Part A. VII. You can delete cookies by means of your browser settings.
Based on your consent, the legal basis for using the services (i.e., storing information in your device and/or accessing information stored in your device) from the categories Statistical Analysis, Marketing, Additional Features is § 25 (1)(1) TTDSG [Telekommunikation-Telemedien-Datenschutz-Gesetz, Telecommunications and Telemedia Data Protection Act] in conjunction with Art. 6 (1)(1)(a) GDPR. This information can be both personal and independent of personal references. If this storage or access is followed by processing personal data about you as per your category selection, we will process it based on your consent in accordance with Art. 6 (1)(1)(a) GDPR. You have the right to withdraw your consent; see Section A.VII. Revoking your consent does not affect the lawfulness of storing information in your device and/or accessing information in your device based on your consent, as well as the subsequent processing of personal data as per your category selection. Your consent is voluntary.
You can revoke your consent or make changes to your data protection settings via “Change Data Protection Settings”:
Your consent is valid for six (6) months. We will ask for your consent again at that time. We will also ask you to renew your consent to the display of cookie banners if new services are added to this website or if the services are changed in such a way that we need further consent from you to continue providing the services (i.e., in the event of changes in purpose).
Please note that your individual browser settings may mean that your settings (e.g., your consent) cannot be saved long-term. This means that we may have to ask you for your consent again each time you visit our site.
This is based on our legitimate interest, as per Art. 6 (1)(f) GDPR; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574, in processing the concerns you bring to our attention, in handling and following up on complaints, and in communicating with customers and other interested parties. You have the right to object to having your data processed at any time; see Section A.VII. Should this data processing serve to initiate a contractual relationship, the processing is based on Art. 6 (1)(1(b) GDPR; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574.
The data necessary for us to reply to your contact request is marked with an asterisk (*) as mandatory information. You are also able to provide us with further data on a voluntary basis. This includes personal identification data (e.g., title, first and last names), contact details (e.g., telephone number, email address), operating data (e.g., company, address), and communication content data (should you leave us additional information about your request).
Furthermore, we also process usage and traffic data (IP address, date and time of your request). The legal base for the data processing is Art. 6(1) 1 f GDPR ; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574 because of our legitimate interest in safeguarding the functionality of this website and the security of the information technology systems.
In addition to processing inquiries and complaints, we use the data for advertising and marketing measures (see Section D. within this Privacy Statement).
We may also transfer your data to third parties, e.g., the CLAAS Partner (i.e., the importer responsible for your region or the one selected by you), or to CLAAS Group companies, if this is necessary to follow up on and fulfill your request.
CLAAS saves your data in order to provide you with the best possible service. Your personal data will be stored to answer your request and then deleted, unless we are legally, contractually, or based on your consent entitled or obliged to store the data for a longer period. For more details, see Section A.III. within this Privacy Statement. Based on your consent and/or another legally recognized legal basis, in particular our legitimate interest as per Art. 6 (1)(1)(f) GDPR; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574, your data may continue to be stored, e.g., for the purpose of customer loyalty/re-engagement and in connection with defending ourselves against legal claims. When we process your data to defend ourselves against legal claims in legal disputes, the storage period is also based on the statutory periods of limitation (as required by civil law and product liability law, for example). With regard to storage of your data, our technical infrastructure is based on the principles of necessity and purpose limitation. Accordingly, the Group companies or Partner companies receive only access to the specific data they need in order to perform their tasks. For more details, see Section A.IV.
I. Advertising Communication
CLAAS Sales Company[1], CLAAS KGaA mbH, CLAAS Global Sales GmbH, CLAAS Service and Parts GmbH, CLAAS E-Systems GmbH, CLAAS Financial Services S.A.S., 365FarmNet GmbH, and CLAAS Partners[2] (hereinafter, collectively known in this section as "the Parties", cf. also Part II. of this section) use your data for advertising communication purposes.
This advertising communication includes the CLAAS brands as well as products from third-party suppliers that are sold by CLAAS Group companies or the CLAAS Partner, insofar as these are products that complement the products of the CLAAS brand or support their function (e.g., soil cultivation equipment, fertilization, fertilization technology, sowing technology, crop protection, farm management software). Contact will be made via the channels specified in the declaration of consent (e.g., postal mail, email including newsletters, telephone/messenger services, push notifications, e.g., on websites, apps).
The legal basis for this data processing is your consent, Art. 6(1)(1)(a) GDPR; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. You can revoke your consent at any time with future effect; see Section A.VII. The legal basis for advertising communication via postal mail is Art. 6(1)(1)(f) GDPR; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574.
For this purpose, the parties jointly process the following data:
Machine data (machine master data, horsepower data, and machine operating data, i.e., such as the serial number and associated attributes such as the manufacturer, product category, model range, product classification, model, machine type, equipment, configuration, hectares worked, number of bales produced, loads performed, operating hours)
This is data that the parties collect together with your marketing consent or for direct marketing purposes, or data that you provide to one of the parties as part of the business relationship, or data that arises from the use of products, services, or operations of the above-mentioned parties. The Parties combine this data to create a user profile about you and assign it to your profile in our database (CRM). The Parties use the data and information thus collected to determine which information and offers are most likely to be of interest to you and to contact you for advertising. The goal is to tailor our advertisements to your interests and to optimize our offers to you.
In individual cases and only after careful consideration, the Parties will contact you for advertising purposes relating to the CLAAS brand (e.g., offer of additional services, promotional introduction to products and services, invitation to events such as product presentations, market and opinion research, customer satisfaction surveys) as well as products from third-party suppliers sold by CLAAS Group companies or by the CLAAS Partner, insofar as these are products that complement the products of the CLAAS brand or support their function (e.g., soil cultivation equipment, fertilization, fertilization technology, sowing technology, crop protection, farm management software), including without marketing consent. The legal basis is Art. 6 (1)(1)(f) GDPR; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. The prerequisite for direct marketing based on legitimate interests is that the applicable legal requirements are met and that you have not objected to having your data processed for advertising purposes and that you are aware of your right to object in accordance with Art. 21 GDPR (see also Section A.VII. of this Privacy Statement)
The legal basis for storing technical and specialist documentation and protocol data for the purpose of documenting your consent is Art. 6 (1)(1)(c, f) GDPR; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. Advertising communication is usually carried out by service providers (e.g., marketing agencies, lettershops, IT service providers, CRM, messenger service providers) who act as data processors. These include service providers based in third-party countries, including the USA and the UK; see Section A.V. (Transfers to third-party countries).
II. Joint Responsibility
CLAAS Sales Company, CLAAS KGaA mbH, CLAAS Global Sales GmbH, CLAAS Service and Parts GmbH, and the CLAAS Partner process data for customers, interested parties, and potential customers when obtaining marketing consent and collecting and using data for direct marketing purposes.
1. Name and Contact Details for the Jointly Responsible Controllers
The jointly responsible parties are:
CLAAS Sales Company [1] | CLAAS Global Sales GmbHMühlenwinkel 133428 HarsewinkelGermanyinfoclaas@claas.com |
CLAAS KGaA mbHMühlenwinkel 133428 Harsewinkel Germany infoclaas@claas.com hereinafter "CLAAS") | CLAAS Service and Parts GmbHMühlenwinkel 133428 HarsewinkelGermanyinfoclaas@claas.com |
CLAAS Partners [2] You can request additional information at any time by emailing us at privacy@claas.com. | CLAAS E-Systems GmbH Sommerkämpen 11, 49201 Dissen am Teutoburger Wald, Germany |
CLAAS Financial Services S.A.S., 12 rue du Port, 92000, Nanterre, France, | 365FarmNet GmbH, Hausvogteiplatz 10, 10117 Berlin, Germany |
2. Which processing stages share joint responsibility?
The companies within the CLAAS Group and the CLAAS-authorized dealer named in Part 1 (collectively referred to in this section as "the Parties") work closely together distributing and marketing CLAAS Group products and services. They are therefore jointly responsible for protecting your personal data throughout the various stages of the process described below (Art. 26 GDPR):
Responsibility is shared for the following process steps (related to the CRM database):
3. What have the parties agreed?
Within the scope of their joint responsibility under data protection law, the Parties have agreed who will discharge which obligations under the GDPR. In particular, this applies to asserting your rights and discharging obligations to provide information as per Articles 13, 14, and 26 GDPR.
Processing Stages | Joint Responsibility of | Obligation Fulfillment, as per Art. 13, 14, 26 GDPR, through | Implementation of data subject rights |
|---|---|---|---|
| Collection and use of data for direct marketing purposes (insofar as two or more companies are named as the senders of the advertising communication) | CLAAS Sales Company[1], CLAAS KGaA mbH, CLAAS Global Sales GmbH, CLAAS Service and Parts GmbH, CLAAS Financial Services S.A.S., CLAAS E-Systems GmbH, 365FarmNet GmbH, CLAAS Partner[2] | The party who collects the data from you | Those affected have the opportunity to contact any of the joint Controllers in order to assert their data subject rights. Without prejudice to this, the Parties have agreed that CLAAS Sales Company mbH[1] shall act as a shared contact point as per Art. 26 (1)(3) GDPR. If CLAAS KGaA mbH, as operator of the basic system architecture, is required to fulfill the data subject rights – in particular in relation to requests for erasure and the right to data portability – it shall implement the relevant data subject rights in cooperation with the other joint Controllers for their information. |
| Obtaining marketing consent for the CLAAS companies and CLAAS partners listed to the right[1] | CLAAS Sales Company[1], CLAAS KGaA mbH, CLAAS Global Sales GmbH, CLAAS Service and Parts GmbH, CLAAS Financial Services S.A.S., CLAAS E-Systems GmbH, 365FarmNet GmbH, CLAAS Partner[2] | The Party obtaining the marketing consent | Those affected have the opportunity to contact any of the joint Controllers in order to assert their data subject rights. Without prejudice to this, the Parties have agreed that CLAAS Sales Company mbH[1] shall act as a shared contact point as per Art. 26 (1)(3) GDPR. If CLAAS KGaA mbH, as operator of the basic system architecture, is required to fulfill the data subject rights – in particular in relation to requests for erasure and the right to data portability – it shall implement the relevant data subject rights in cooperation with the other joint Controllers for their information. |
| Documentation of the declaration of consent | CLAAS Sales Company[1], CLAAS KGaA mbH, CLAAS Global Sales GmbH, CLAAS Service and Parts GmbH, CLAAS Financial Services S.A.S., CLAAS E-Systems GmbH, 365FarmNet GmbH, CLAAS Partner[2] | The Party obtaining the marketing consent | Those affected have the opportunity to contact any of the joint Controllers in order to assert their data subject rights. Without prejudice to this, the Parties have agreed that CLAAS Sales Company mbH[1] shall act as a shared contact point as per Art. 26 (1)(3) GDPR. If CLAAS KGaA mbH, as operator of the basic system architecture, is required to fulfill the data subject rights – in particular in relation to requests for erasure and the right to data portability – it shall implement the relevant data subject rights in cooperation with the other joint Controllers for their information. |
This website contains links to third-party websites (e.g., for companies within the CLAAS Group). When the relevant link is clicked, the website of the third party opens in a new window. This data protection information does not extend to data processing on the website of third parties.
[1]Competent CLAAS Sales Company (e.g., depending on the country domain: claas.com/de-de: CLAAS Sales Company mbH, Benzstrasse 5, 33442 Herzebrock-Clarholz, Germany; claas.com/de-at: CLAAS Regional Center, Central Europe GmbH, Industriestrasse 18, 2104 Spillern, Austria; claas.com/es-es: CLAAS Ibérica S.A.U. C/ Zeus 5 28880 Meco (Madrid), Spain; claas.com/fr-fr: CLAAS France S.A.S.Chemin des Grands Prés du Gué 28320 Ymeray, France; claas.com/it-it:CLAAS Italia S.p.a. Via Torino, 9/11 – 13100 Vercelli – Italy; claas.com/pl-pl: CLAAS Polska Sp. Z o.o. ul. Świerkowa 7 Niepruszewo 64-320 Buk, Poland; claas.com/ro-ro: CLAAS Regional Center South East Europe S.R.L. Șos. București-Urziceni, nr. 68 C 077010 Afumați, Romania); claas.com/en-us: CLAAS of America, Inc. 8401 South 132nd Street, Omaha, NE 68138, USA)
[2] For the country domains claas.com/de-de, claas.com/de-at; claas.com/es-es, claas.com/fr-fr, claas.com/it-it, claas.com/pl-pl; claas.com/ro-ro: The authorized dealer you have selected Retail Partner Search | CLAAS; All other country domains for the CLAAS Partner who is responsible for you
[6] See Footnote 2
[7] See Footnote 1
[8] See Footnote 2
[9] See Footnote 1
[10] See Footnote 2
[11] See Footnote 1
[12] See Footnote 2
