Legal notice + Data protection

CLAAS is pleased to welcome you to our website and appreciates your interest in our products.

Legal notice + Data protection

CLAAS is pleased to welcome you to our website and appreciates your interest in our products.

Data Privacy Information

As at: 23.04.2021

In this data privacy information, CLAAS KGaA mbH (“CLAAS”) provides information on the processing of your personal data on this website.

A. General Data Privacy Information

I. Name and contact details of the controller

The controller is:

CLAAS KGaA mbH
Mühlenwinkel 1
33428 Harsewinkel
Deutschland
infoclaas@claas.com

II. Contact details of the data protection officer

You can contact the CLAAS Group Data Protection Officer at:

CLAAS KGaA mbH
Datenschutzbeauftragter
Mühlenwinkel 1
33428 Harsewinkel
Deutschland

privacy@claas.com

III. Duration of Storage

CLAAS stores your personal data for only as long as is necessary to achieve the purpose of their collection or processing. To the extent necessary, CLAAS stores your data for the duration of the business relationship. This encompasses in particular the establishment and performance of the contract.

In addition, CLAAS saves your personal data to the extent required and for the time required to fulfil contractual or legal obligations. As such, we process your data to fulfil legally required obligations to provide proof or retention obligations for commercial or tax purposes. The prescribed retention/documentation periods are six years in accordance with commercial law provisions laid out in Section 257 HGB (German Commercial Code) and up to ten years on the basis of tax provisions laid out in Section 147 AO (Fiscal Code of Germany), provided the data is no longer required for tax purposes (e.g. because a company audit is ongoing). The periods begin at the end of the calendar year in which the data record is created.

When the data are no longer required for compliance with contractual or legal obligations, they are ordinarily erased, unless you have given CLAAS your consent to process your data and/or further processing is necessary based on CLAAS' legitimate interests, e.g. to win back customers or for defence against legal claims in legal disputes. When data are processed for defence against legal claims in legal disputes, the storage period also depends on the statutory limitation periods. According to Sections 195 et seq. of the German Civil Code (BGB), these can be up to 30 years, whereby the regular limitation period is 3 years, beginning at the end of the calendar year in which the claim arises. In this case, the processing is restricted, i.e. limited to the minimum which is necessary, and blocked for other purposes.

The above shall not apply if anything to the contrary is specified in the specific data protection information that apply.

IV. Categories of recipients

  • Carefully selected service providers. Service providers we engage, who support us in the performance of the business relationship, are granted access to the data. These companies operate in the following categories: Hosting providers, data management, software as a service, e-mail services, IT services (e.g. maintenance and support, data migration), consulting, service providers in the first, second and third level support, call centre services, customer administration, lettershops, marketing, media technology, telecommunications, customer relations management and lead management, tracking service providers, web agencies, compliance, disposal services (e.g. document shredders), companies who perform analyses for us, financial service providers, shipping and logistics services, printing services, technology service providers (e.g. for hardware and accessory parts). If service providers outside the categories listed here are engaged, please refer to the specific data privacy information that apply.
  • Transfer to third parties. Furthermore, we transfer your data to third parties if legal or contractual provisions permit this and/or you have given us your consent. Subject to this, the data may be transferred to the following categories of recipients: Public bodies and institutions (e.g. public prosecutor's office, police, tax authorities, data privacy supervisory authority) for the processing of official enquiries, insofar as this is in your interest or we are legally obliged to do so. The legal basis is Art. 6(1) sentence 1, lit. f or c GDPR.
  • Transfer of data within the CLAAS Group. We transfer your data to other companies within the CLAAS Group or grant them access to your data. Where we do so for administrative purposes, such transfer is based on our legitimate interest in internal administrative purposes and Group reporting. The legal basis is Art. 6(1) sentence 1, lit. f GDPR. Where it is necessary for the initiation of a contract upon your initiative or for the fulfilment of contractual obligations or the data are transferred with your consent, the legal basis is Art. 6(1) sentence 1, lit. b GDPR or Art. 6(1) sentence 1, lit. a GDPR. Where we are entitled to transfer the data by law, the legal basis is Art. 6(1) sentence 1, lit. c GDPR. Please refer to the specific data protection information concerning any other transfer of data to third parties.
  • Third parties with whom we have an ongoing business relationship. Where the transfer of data is necessary for the implementation of steps prior to entering into a contract, for compliance with contractual obligations or takes place with your consent, the legal basis is Art. 6(1) sentence 1, lit. b GDPR or Art. 6(1) sentence 1, a GDPR. Where we are obliged to transfer the data by law, the legal basis is Art. 6(1) sentence 1, lit. c GDPR.

 

V. Transfer to third countries

If we transfer your personal data ourselves or via service providers to countries based outside the European Union, we shall comply with the relevant particular requirements of Article 44 et seq. GDPR and our service providers shall also undertake to comply with these regulations. We shall therefore only transfer your data to countries based outside the European Union subject to the level of security guaranteed by the GDPR. This level of security is guaranteed in particular on the basis of an adequacy decision by the European Commission or with suitable guarantees in accordance with Article 46 GDPR.

Data is transferred to third countries (countries outside the EU or the European Economic Area – EEA) if, for example, this

  • is required to fulfil an agreement of which you are a contractual party or if this is required to respond to your requests;
  • is required to safeguard our legitimate interests;
  • is stipulated by law or you have given your consent;
  • takes place as part of contract processing when involving service providers.

If there is no European Commission decision for the country in question as to a level of data protection that is appropriate for European data protection requirements, we shall enter into corresponding agreements to ensure that your rights and freedoms are suitably protected. An agreement of this kind ensures that a suitable level of data protection exists at the data recipient, specifically by agreeing European Union standard contractual clauses with the recipient. Otherwise, we can also perform a data transfer based on your express consent. You can withdraw your consent at any time with future effect, see Section A.VII. We will be happy to provide you with more detailed information free of charge on request. Please use the aforementioned contact details for this purpose.

Where we permit the recipient to process data without a suitable level of data protection based on your consent alone, please note the following risks: There may not be sufficient measures in place to protect your personal data appropriately; there is no data protection supervisory authority; the implementation of your data protection rights of the data subject is impeded or has been disregarded; there is no control over the further processing of data by and transmission of data to third parties.

Any further information required can be found in our specific data privacy information.

VI. Obligation to provide personal data

Unless otherwise specified in the specific data protection information, you are under no legal or contractual obligation to provide your data.

VII. Rights of data subjects

In line with Art. 15 GDPR, you have the right to access the data saved concerning you. If incorrect personal data has been processed, you have a right of rectification in line with Art. 16 GDPR. If the legal requirements are met, you can request the erasure or restriction of the processing as well as object to the data processing (Art. 17, 18 and 21 GDPR). According to Art. 20 GDPR, you may assert the right of data portability to the data that are automatically processed based on your consent or a contract with you.

You may assert your rights in relation to CLAAS using the contact details provided in Section A.II.

If you are of the opinion that the data processing is in violation of the data protection legislation, you have a right to lodge a complaint with a data protection supervisory authority of your choice. (Art. 77 GDPR).

You can naturally also submit a complaint to the CLAAS Data Protection Officer (privacy@claas.com).

If you wish to exercise your data protection rights of the data subject, we will process your data in order to fulfil our legal obligations in accordance with Article 6(1c) GDPR in conjunction with Articles 15–22, 12(3–6) GDPR and Article 7(3) GDPR. This includes the processing of your data for the purpose of unequivocal identification of the data subject of a data processing activity, and the request for additional information to confirm identity. We transfer the data concerning data subjects to the data recipients within the meaning of Article 19 GDPR, as far as requests for the rectification of data, erasure or restriction of processing (Articles 16, 17(1), 18 GDPR) are concerned, and to the extent this is required to exercise your rights effectively (Article 6(1c) and 6(1f) GDPR) and to notify you as the data subject (Article 12 GDPR). We do this on the basis of our legal obligation laid out in Article 12(6) GDPR.

B. Specific Data Privacy Information Provision of our Website for the General Public

I. Provision of our website for 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. The collection of data is technically necessary in order to be able to show you the website. The legal basis is Art. 6(1) 1 b GDPR. Storage of data in log files even after your visit is necessary to ensure the functionality of the website and the security of the information technology systems. The legal basis for the data processing is Art. 6(1) 1 f GDPR. You can object to data processing based on legitimate interests at any time with effect for the future, cf. Part A.VI. The aforementioned purposes constitute our legitimate interest in the data processing.

The following categories of data are collected when you visit the website: usage and traffic data, technical documentation and protocol data, e.g.

  • date and time of access
  • time zone difference to Greenwich Mean Time (GMT)
  • IP address
  • host name of the accessing computer
  • website from where the website was accessed
  • website accessed via the website (content of the request)
  • pages visited on the website
  • report whether access was necessary
  • volume of data transferred
  • information about the browser type, language and version used
  • operating system

The data are deleted as soon as they are no longer necessary for the purpose for which they were collected. With regard to the provision of the website, this is the case at the end of each session. If data are stored in log files, this is the case after 30 days at most. The data are not stored together with other personal data of yours.

II. Use of services (e.g. cookies, analytical and remarketing tools)

On this website, we use services (e.g. cookies, analytical and remarketing tools) from the following categories:

  • Technically necessary:

We use services from the "Technically necessary" category because they are technically required to provide the website or for a service requested by you. These services are always active.

  • Statistical analyses:

With services from the "Statistical analyses" category, we analyse the surfing and usage behaviour of users of our website, both statistically and across different websites and devices, in order to make our website more user-friendly and improve what we offer.

  • Marketing:

We use services from the "Marketing" category to adapt our services even better to your interests and show you advertising in line with your interests. To do so, we create individual profiles across different websites and devices (for example if you log in on multiple devices), which we supplement with data from other sources.

  • Additional functions:

With the implementation of "Additional functions," we offer you additional functions on our website. With these technologies from third-party providers, we are able to display content from other websites on our website in a user-friendly format.

In the "Statistical analyses," "Marketing," and "Additional functions" categories, we also use third-party providers (such as Google), who use your data for their own chosen purposes (for example profiling). The third-party providers may save your data outside the European Union, for example in the USA. In this case, both the third-party provider and government authorities will have access to your data.

The legal basis for the use of technically required services is Section 15(3) of the German Telemedia Act (TMG). If we process personal data relating to you, this is because it is required

  • for performance of a contract where you are a party to the contract (Article 6(1b) GDPR) or
  • by law (Article 6(1c) GDPR)
  • to safeguard our legitimate interests (Article 6(1f) GDPR).

You are able to object to the processing of data on the basis of a legitimate interest at any time with future effect, see Section A.VII. You can choose to erase cookies via your browser settings.

The legal basis for the implementation of the services from the categories Statistical analyses, Marketing and Additional functions is Section 15(3) TMG based on your consent. If we process personal data relating to you, we process this on the basis of Article 6(1a) GDPR based on your consent. You have the right to withdraw your consent, see Section A.VII. You can make changes by selecting "Change data protection settings".

Your consent is valid for six months. After this time, we shall ask you to reconfirm your consent. We shall also ask you to reconfirm your consent by displaying the cookie banner if new services are added to this website or if services change such that renewed consent is required in order to be able to continue to implement the services (e.g. changes of purpose).

Please note that your individual browser settings can potentially prevent your settings (e.g. your consent) from being saved long-term and we shall ask you to reconfirm your consent each time you visit our website.

You can find information about each of the services here:

C. Specific Data Privacy Information Processing of (General) Enquiries and Complaints and Relevant Communication (e.g. request for information)

You can contact CLAAS using the contact form or the contact details provided on this website. We process your personal data in order to handle your request, reply to you or follow up a complaint.

This is based on our legitimate interest pursuant to Art. 6(1) 1 f GDPR in handling the requests you make of us following up complaints, communicating with customers and interested parties, and addressing you correctly. You can object to data processing based on legitimate interests at any time with effect for the future, cf. Part A.VI. Where the data processing serves to initiate a contract, such processing is based on Art. 6(1) 1 b GDPR. We process your data supplied during your request for contact for the purpose of dealing with your request or your query in the best possible way:

  • Personally identifying data (e.g. title, first name, surname)
  • Contact details (e.g. email address, telephone number)
  • Communication content data
  • Usage and traffic data (IP address, date and time of your request)

Where you use the contact form provided on this website to make contact with CLAAS, the data that are required so that we may contact you are marked with an asterisk (*) as compulsory data.

We may also pass on your data to third parties, for example the CLAAS sales partner responsible for you or the CLAAS Group company you selected, if this is necessary to follow up and fulfil your request.

Your personal data are stored for the purpose of replying to your enquiry and then deleted, unless we are entitled or obliged by law, contract or your consent to store the data for a longer period of time. More details can be found under Part A.III.

D. Links to third-party websites

This website contains links to websites of third parties (e.g. companies belonging to the CLAAS Group). If you access the relevant link, the website of the third party will open in a new window. This data privacy statement does not extend to data processing on the website of the third party.

 
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