Legal + Data Disclaimer

Legal + Data Disclaimer

Data Protection

Information in accordance with Articles 13, 14 and 26 (2) 2 of the General Data Protection Regulation (GDPR).

Version: 08/15/2022

In the following Privacy Policy, CLAAS of America Inc. and 8401 S. 132nd Street, Omaha, NE 68138 (“CLAAS”) or your CLAAS Authorized Dealer (“CLAAS Authorised Dealer”) has provided information about how the personal data of customers, potential customers and interested parties is processed. If CLAAS or CLAAS authorised dealers process your data, they are also referred to as “we” or “us”. CLAAS and CLAAS authorised dealers provide information as separate responsible bodies, unless otherwise specified in the Privacy Policy.

Content overview:

A.    General data protection information
B.    Sale of products and services
C.    Provision of services and maintenance, technical support
D.    Customer support
E.    Measures for business control and optimisation of our business processes
F.    Cooperation in sales and customer care (including administrative processes)
G.    marketing communication (including customer satisfaction surveys, market and opinion research)
H.    Product monitoring, product safety
I.    Quality assurance, product improvement and new product development
J.    Event management
K.    Corporate transactions
L.    Building and factory security measures

A.    General data protection information

I.    Name and contact details of the controllers and contact details of the Data Protection Officer

The controller is:

CLAAS of America, Inc.
8401 South 132nd Street
Omaha, NE 68138, USA
contactus@claas.com

CLAAS has not appointed a company Data Protection Officer. The Group Data Protection Officer of the CLAAS Group can be contacted as follows: 
Group Data Protection Officer
FAO CLAAS KGaA mbH
Mühlenwinkel 1 
33428 Harsewinkel, Germany

group.dpo@claas.com
 

or

The CLAAS authorised dealer responsible for you or selected by you (https://www.claasofamerica.com/sales-financing/dealer-start)
(hereinafter referred to as the “CLAAS Authorised Dealer”). 
You can also call at any time to find out which CLAAS authorised dealer is responsible for you Tel. +1 (402) 861-1000.

If the CLAAS authorised dealer has appointed a Data Protection Officer, you can find his or her contact details on the CLAAS authorised dealer's website. This can also be requested from CLAAS at any time using the contact details above.
 

II.    Storage period

We only store your personal data for as long as necessary to achieve the purpose for which it was collected or processed. If necessary, we will save your data for the duration of the business relationship. This in particular includes the initiation and execution of the contract.

We also store your personal data if and for as long as necessary to fulfil contractual or legal obligations. We therefore process your data to fulfil commercial or tax law proof and retention obligations.

If the data is no longer required for the fulfilment of contractual or legal obligations, it is usually deleted unless you have given us your consent to process your data and/or further processing is necessary on the basis of our legitimate interests, e.g. to win back customers or defend against legal claims in litigation. When processing data to defend against legal claims in litigation, the storage period is also based on the statutory limitation periods (e.g. civil law and product liability law). In this case, processing will be restricted, i.e. restricted to the minimum necessary for this purpose and blocked for other purposes.

The above does not apply if specified otherwise in the special Privacy Policy.

III.    Categories of recipients

  1. Carefully selected service providers. Service providers we have commissioned and who support us in executing the business relationship will receive access to the data. These are companies in the categories of hosting providers, data management, software as a service, email services, IT services (e.g. maintenance and support, data migration), consulting, service providers within the context of first, second and third-level support, call centre services, customer management, lettershops, marketing, media technology, telecommunications, customer relationship and lead management, tracking service providers, web agencies, compliance, disposal services (e.g. document shredders), companies which carry out analyses for us, financial management service providers, shipping and logistics services, printing services, technology service providers (e.g. for hardware and accessories). Please refer to the respective special Privacy Policy for any further categories of service providers used. 
  2. Data transfers within the CLAAS Group. 
    1. by CLAAS to CLAAS KGaA mbH (Mühlenwinkel 1, 33428 Harsewinkel, Germany) for internal administrative purposes, in particular master data management, ensuring compliance requirements (e.g. preventing the infringement of money laundering bans) and proper business processes, per-forming audits and special reviews, internal investigations and group reporting, group accounting, controlling, risk management, reporting, safeguarding operations and the restoration of IT systems (logging, monitoring, defence against unauthorised access, incident management, processing of data protection rights and the fulfilment of our and their sales, service and administrative purposes, assertion of legal claims, defence in litigation
    2. by CLAAS to CLAAS Service and Parts GmbH (Mühlenwinkel 1, 33428 Harsewinkel, Germany) for the purpose of obtaining technical support, keeping an electronic service and maintenance his-tory so that you are free to choose your garage, for promotional communication, reporting and the provision of products and services which have been requested or used, including procurement (e.g. direct delivery of spare parts for harvesting), use of support services (e.g. product and customer support), review of warranty, goodwill and reimbursement claims, price calculation, product monitoring, product safety, product defence, quality assurance, improvement of business processes, assertion of legal claims, defence in litigation
    3. by CLAAS to CLAAS Global Sales GmbH (Mühlenwinkel 1, 33428 Harsewinkel, Germany) for the purpose of the further development and improvement of products, services and processes, reporting, provision of requested or used products and services, use of support services (e.g. product and customer support), marketing communication, assertion of legal claims, defence in litigation
    4. Data transfers from CLAAS group companies to CLAAS 
      • by CLAAS Global Sales GmbH to CLAAS for the purpose of providing requested or used products and services, making use of support services (e.g. product and customer support), tracking and responding to your enquiries (e.g. if you submit an enquiry through them offline or using online applications operated by them if CLAAS or a CLAAS authorised dealer in the CLAAS sales territory is responsible for processing these enquiries), marketing communication, new customer acquisition, sales management, the improvement of our products, services and business processes
      • by CLAAS Service and Parts GmbH to CLAAS for the purpose of providing technical sup-port and requested or used products and services, including procurement, tracking and responding to your enquiries (if you submit an enquiry through them offline or using online applications operated by them if CLAAS or a CLAAS authorised dealer in the CLAAS sales territory is responsible for processing these enquiries), product monitoring and product safety, quality assurance, product defence, improvement of our business processes, provision of support services (e.g. product and customer support), review of reimbursement claims (e.g. warranty, goodwill and reimbursement claims), price calculation, promotional communication, assertion of legal claims, defence in litigation
      • by CLAAS KGaA mbH to CLAAS for tracking and responding to your enquiries (e.g. if you submit an enquiry through them offline or using online applications operated by them if CLAAS or a CLAAS authorised dealer in the CLAAS sales territory is responsible for processing these enquiries), for internal administrative purposes, in particular master data management, for the purpose of ensuring compliance requirements and proper business processes, business control, risk management, securing the operation and restoration of IT systems (logging, monitoring, defence against unauthorised access, incident management, processing data protection rights, fulfilment of our and their sales, service and administrative purposes, assertion of legal claims, defence in litigation
    5. We pass on data updates to companies in the CLAAS Group from your address database for the purpose of processing accurate data. The legal basis is Art. 6(1) 1 f GDPR; Section 26 (1) 1 BDSG; 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 lies in the aforementioned purpose. For further information, please contact CLAAS at any time (see Section AI).
    6. The legal basis for the data transmission according to Section III.2. is Art. 6 (1) 1 point f GDPR; Section 26 (1) 1 BDSG; 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 on the basis of our legitimate interests in the fulfilment of the purposes mentioned therein. If your data is passed on in order to initiate a contract on your initiative or if transmission of this data is necessary to fulfil contractual obligations or takes place with your consent, the legal basis is Art. 6 (1) 1 point b GDPR or Art. 6 (1) 1 point a GDPR; Section 26 (1) 1 BDSG; 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. Where we are obliged to transfer the data by law, the legal basis is Art. 6(1) 1 c GDPR; Sec-tion 26 (1) 1 BDSG; 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 other forwarding of data to third parties, please refer to the particular information on data protection.
  3. Data transmission to third parties with whom CLAAS has an ongoing business relationship (in particular CLAAS authorised dealers) in order to track and respond to your enquiries (e.g. if you submit an enquiry offline or online to CLAAS or CLAAS group companies which CLAAS or a CLAAS authorised dealer in the CLAAS sales territory is responsible for processing, e.g. a request for a test drive, requests for quotations), for the purpose of acquiring new customers and customer care (including jointly with the CLAAS authorised dealer), sales management, including success monitoring. If you have not selected a CLAAS authorised dealer, we will forward your request to the CLAAS authorised dealer responsible for you in your region. We pass on data updates to CLAAS authorised dealers which you have added to your address database. Furthermore, CLAAS also transmits your data to your CLAAS authorised dealer for the purpose of fulfilling contractual obligations within the context of performing or arranging test drives and machine demonstrations, training courses, for price calculations, processing orders, checking warranty, guarantee and goodwill applications, brokering financing, for event registration, for the purpose of quality assurance, product monitoring, product defence and product safety, product improvements, improvement of our sales and service processes, carrying out market analyses, processing data protection rights, direct marketing, customer data management, referring interested parties. The legal basis for the data transfers according to Section III.3. is Art. 6 (1) 1 point f GDPR; Section 26 (1) 1 BDSG; 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 on the basis of our legitimate interests in the fulfilment of the aforementioned purposes. If your data is passed on in order to initiate a contract or if transmission of this data is necessary to fulfil contractual obligations or takes place with your consent, the legal basis is Art. 6 (1) 1 point b GDPR or Art. 6 (1) 1 point a GDPR; Section 26 (1) 1 BDSG; 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. Where we are obliged to transfer the data by law, the legal basis is Art. 6(1) 1 c GDPR; Section 26 (1) 1 BDSG; 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.
  4. Data transmission from the CLAAS authorised dealer to the CLAAS Group through the systems provided by the CLAAS Group companies:
    1. CLAAS for the purpose of fulfilling contractual obligations within the context of performing or arranging test drives and machine demonstrations, training, for the purpose of customer service (including jointly with the CLAAS authorised dealer), for price calculations, incentive and commission management, the processing of orders, checking warranty, guarantee and goodwill applications, financing brokerage, for the processing of your enquiries by the responsible sales company (e.g. tracking complaints), for registration for CLAAS events, for the purpose of quality assurance, product monitoring, product defence and product safety, product improvement, improvement of our sales and service processes, implementation of market analyses, processing of data protection rights, direct marketing, reporting, sales control, customer data management, referral of interested parties.
    2. CLAAS Service and Parts GmbH for the purpose of customer service, for price calculations, the processing of orders, within the context of the use or provision of technical and product-related support, for the review of reimbursement claims (e.g. for warranty, guarantee and goodwill applications), when processing your enquiries (e.g. tracking complaints), for the purpose of quality assurance, product monitoring, product defence and product safety, product improvement, improvement of our sales and service processes, processing of data protection rights, marketing communication.
    3. CLAAS Global Sales GmbH for the purpose of customer and product support (e.g. by the responsible CLAAS product manager), promotional communication, the improvement of sales processes, products and services, to provide product-related support within the scope of customer care.
    4. CLAAS KGaA mbH for the purpose of master data management, improvement of sales and service processes, market analyses, processing of data protection rights, direct marketing.
    5. Data updates CLAAS authorised dealers pass on data stored in your address database to the companies of the CLAAS Group for the purpose of processing accurate data. The legal basis is Art. 6(1) 1 f GDPR; Section 26 (1) 1 BDSG; 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 lies in the aforementioned purpose. For further information, please contact CLAAS at any time (see Section AI). 
    6. The legal basis for the data transmission according to Section III.2. is Art. 6 (1) 1 point f GDPR; Section 26 (1) 1 BDSG; 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 on the basis of our legitimate interests in the fulfilment of the purposes mentioned therein. If your data is passed on in order to initiate a contract on your initiative or if transmission of this data is necessary to fulfil contractual obligations or takes place with your consent, the legal basis is Art. 6 (1) 1 point b GDPR or Art. 6 (1) 1 point a GDPR; Section 26 (1) 1 BDSG; 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. Where we are obliged to transfer the data by law, the legal basis is Art. 6(1) 1 c GDPR; Section 26 (1) 1 BDSG; 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 other forwarding of data to third parties, please refer to the particular information on data protection.
  5. Forwarding to selected third parties. We also pass on your data to third parties if permitted or required by legal or contractual provisions and/or if you have given 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 authority, supervisory authority) for processing official inquiries, to the extent that this is in your interest or we are legally obliged to do so. The legal basis for this is Art. 6 (1) 1 points f and c GDPR; Section 26 (1) 1 BDSG; 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. Within the context of corporate transactions, we also pass on your data to companies which transfer our rights to within the scope of a potential sale in one or more business areas. We also pass on your data to banks and financial institutions in order to process payments or fulfil the brokerage contract with the financial service provider you have selected, to auditors, lawyers and tax consultants within the context of audits, to ensure compliance and support in compliance with legal requirements and for the assertion of claims and defence in litigation. The legal basis is our legitimate interest in the fulfilment of a brokerage contract for financing, the assertion of claims and defence in litigation, the fulfilment and review of our processes and applicable legal regulations, Art. 6 (1) 1 point f GDPR; Section 26 (1) 1 BDSG; 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

IV.    Source of the data

  1. Information we collect from you. We process the personal data (hereinafter referred to as the “da-ta”) we receive from you when
    1. Transactions are initiated and contracts are processed 
    2. You purchase or use our products, services or other offers or get in contact with us
    3. You consent to promotional messages
  2. Information we receive from third parties. We also process data we are permitted to use which we receive from 
    1. the companies listed in Section A.III.2. and 3. of the CLAAS Group for the purposes named therein
    2. Credit agencies and creditor protection associations for the purpose of credit checks,
    3. Public authorities for the purpose of answering government inquiries, as well as 
    4. Other third parties with whom we have a (long-term) business relationship: such as your CLAAS authorised dealer or CLAAS as well as other third parties, such as certified address sellers
  3. Data from publicly available sources. We also process data which we legitimately obtain from publicly accessible sources (e.g. commercial register, company register, land register, debtor registers, insolvency notices, media, sanction lists) for the purpose of fulfilling compliance and legal requirements, risk management, verification of data (e.g. address validation), acquisition of new customers, conducting market research.

V.    Forwarding to third countries

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

  • necessary to fulfil a contract to which you are a party or in response to your enquiries,
  • necessary to safeguard our legitimate interests,
  • prescribed by law, or if you have given us your consent

carried out during processing where service providers are involved.

If we transmit your personal data ourselves or through service providers in countries outside of the EU or the EEA, we comply with the special requirements of Art. 44–49 GDPR and also oblige our service providers to adhere to these regulations. We therefore only transfer your data to countries outside the European Union which are subject to the level of protection guaranteed by the GDPR. This level of protection is in particular ensured on the basis of an adequacy decision by the EU Commission, Art. 45 GDPR, through binding internal data protection provisions according to Art. 47 GDPR or by corresponding contracts, in particular by agreeing on the EU Standard Contractual Clauses of the European Union with the recipient. Otherwise, we can also transmit data on the basis of your express consent. The legal basis for this is Art. 49 (1) 1 point a GDPR; Section 26 (1) 1 BDSG; 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. We can provide you with more detailed information free of charge upon request using the contact details above.

Kindly take note that the following risks exist insofar as we use your consent as the sole basis for processing by recipients that do not provide an adequate level of data privacy: There may not be sufficient rules for the adequate protection of your personal data; there is no supervisory authority for data privacy; the exercise of your data privacy rights may be difficult or disregarded; there are no controls over the processing and transfer of data to third parties.

We would be glad to provide you with more detailed information at no charge. Simply send a request to us using the contact information provided above. 

VI.    Obligation to provide personal data 

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

VII.    Rights of the data subject

In accordance with Art. 15 GDPR, you have the right to obtain information about your stored data. If incorrect personal data has been processed, you have the right to rectification in accordance with Art. 16 GDPR. If the legal requirements are met, you can demand erasure of your personal data or restriction of their processing and object to the processing of your data (Articles 17, 18 and 21 GDPR). According to Art. 20 GDPR, you can exercise your right to data portability with regard to the data which are processed by automated means based on your consent or on a contract with you.

Information regarding your right to object according to Art. 21 GDPR

  1. You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Article 6 (1) 1 f GDPR; Section 26 (1) 1 BDSG; 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 (data processing based on a balancing of interests). This also applies to profiling as defined in Art. 4 (4) GDPR which is carried out on the basis of this provision and which is used by CLAAS for solvency checks or marketing purposes.

    If you object, CLAAS will no longer process your personal data unless CLAAS can prove compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves the establishment, exercise or defence of legal claims.

  2. CLAAS processes your personal data in order to conduct direct marketing. You have the right to object at any time to the processing of data concerning you for the purpose of such marketing, including profiling, to the extent it relates to such direct marketing.

    If you object to processing for direct marketing purposes, CLAAS will no longer process your personal data for these purposes.

    You may object without adherence to any formal requirements by addressing your notification, if possible, to privacy.coa@claas.com
     

Right to withdraw your consent in accordance with Art. 7 (3) GDPR

Where you consented to the processing of your personal data, you have the right to withdraw your consent at any time. The withdrawal of your consent will not affect the legality of the processing carried out on the basis of your consent up to the point of withdrawal. 

Withdrawal of consent does not require any specific form and may be sent to the contact addresses provided in Part A. II. Should CLAAS provide additional options for withdrawing consent (e.g. unsubscribe link in every newsletter email), you will be advised of this in the particular information on data privacy.

You can exercise your rights against CLAAS or the CLAAS authorised dealer using the contact details provided in Part A. I. 

If you believe that any processing of your data infringes data privacy law, you have the right to lodge a complaint with a data protection authority of your choice. (Art. 77 GDPR). 

You can of course also use the contact details in Section AI at any time to send any complaints about data protection. 

If you exercise data subject rights under data protection law, we will process your data to fulfil our legal obligations in accordance with Art. 6 (1) 1 lit. c GDPR; Section 26 (1) 1 BDSG; 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 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 data subject affected by the data processing and requesting additional information to confirm your identity. We pass on data relating to data subjects to the recipients of the data within the meaning of Art. 19 GDPR, insofar as this relates to requests for rectification of the data, erasure or restriction of processing (Art. 16, 17 (1), 18 GDPR) and insofar as this is necessary to effectively enforce your rights (Art. 6 (1) 1 points c and f GDPR; Section 26 (1) 1 BDSG; 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) and to notify you as the data subject (Art. 12 GDPR). We do this based on our legal obligation according to Art. 12 (6) GDPR.

B.    Sale of products and services

We process your data for the distribution and sale of our products and services within the context of the initiation, execution and processing of contracts, in procurement and logistics (e.g. when you purchase a licence or a used machine or book driver training) and within the context of contractual maintenance and repair obligations, billing and checking reimbursement claims and providing you with the products and services you have requested. The purposes and scope of the data processing depend on the specific product or service used. The legal basis is Article 6 (1) 1 point b GDPR; Section 26 (1) 1 BDSG; 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, unless otherwise specified in this Section. 

  • Planning and implementation (and mediation if necessary) of test drives and machine demonstrations; for this purpose, we typically process personal identification and contact data, operating data, the type of customer, machine data (machine master data, machine performance data and machine operating data), planning and control data, information and analyses about interests and user behaviour of customers and contact persons, service and maintenance data, contract and order data
  • Planning and implementation (if necessary brokerage) of driver training, product and service training, e.g. when introducing a machine you have purchased or implementing other training courses. For this purpose, we typically process personal identification and contact data, operating data, the type of customer, contract and order data, machine data (machine master data, machine performance data and machine operating data), planning and control data, information about the interests of customers and contact persons, service and maintenance data. 
  • Preparation of offers, sale of products, provision of services (e.g. software maintenance contracts for EASY products), licences (e.g. EASY licences) including delivery. For this purpose, we typically process personal identification and contact data, operating data, customer type, contract and order data (e.g. contract number, information about the term of contracts, the start and end of warranty, order number, prices, contract and order content, licence used, licence status, communication content data, billing and payment data), financial identification data, machine data (e.g. machine number), planning and control data. If your price expectations cannot be met by CLAAS as a supplier without the provision of sales assistance, CLAAS authorised dealers will provide your data to CLAAS for the purpose of providing sales assistance. The legal basis is Article 6 (1) 1 point b GDPR; Section 26 (1) 1 BDSG; 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 or our legitimate interest in optimising pricing for the customer. If you have given your consent, Article 6 (1) 1 point a GDPR; Section 26 (1) 1 BDSG; 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 also form a legal basis.
  • Vehicle return (e.g. trade-in of used machines, purchase of machines). For this purpose, we typically process personal identification and contact data, operating data, customer type, contract and order data, machine data (machine master data, machine performance data and machine operating data), service and maintenance data and photos of machines (e.g. photos to document the condition).
  • Financing brokerage If you wish to finance a (new or used) machine, we typically process the following data on the basis of our brokerage contract (Art. 6 (1) 1 point b GDPR; Section 26 (1) 1 BDSG; 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) or if you have given your consent (Art. 6 (1) 1 point a GDPR; Section 26 (1) 1 BDSG; 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): Personal identification and contact data, operating data, type of customer, order and contract data, machine data (machine master data, machine performance data and machine operating data) including status data (e.g. machine type, machine number, production date, operating hours, equipment features). For the purpose of fulfilling a brokerage contract, we pass on your data to your selected financing service provider.
  • Sending information materials (e.g. brochures). When you order information materials, we typically process personal identification and contact data according to the communication channel you have selected, operating data, type of customer, communication content data, information and analyses about interests and user behaviour (e.g. your interest in the brochure for a specific product), planning and control data, technical documentation and log data
  • Incentive and commission management.  We process your data to determine and settle sales or seller premiums and bonus payments as well as credits, and to review the underlying requirements for a claim to payment. The legal basis is Article 6 (1) 1 point f GDPR; Section 26 (1) 1 BDSG; 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 based on our legitimate interest in acquiring new customers and managing sales. For this purpose, we typically process the following data: Personal identification data, operating data, order data (e.g. orders from CLAAS dealers at CLAAS, sales assistance provided by CLAAS), machine data (e.g. machine type, machine number), planning and control data. If possible, we use your data without personal reference. 
  • Registration for factory tours with the manufacturer. If you would like to take part in a factory tour for the manufacturer of your machine, we will process your data for the purpose of planning and processing your participation in a factory tour; CLAAS takes care of the planning and handling of the factory tour (including catering if necessary), which may be provided by another company in the CLAAS Group (e.g. CLAAS KGaA mbH). For this purpose, we typically process the following data: Personal identification and contact data, operating data, type of customer, communication content data, information and analyses about interests and user behaviour, planning and control data, contract and order data. The transfer of data to the implementing company of the CLAAS Group takes place without personal reference. Should it be necessary in individual cases to pass on personal da-ta to the company in the CLAAS Group in order to complete registration, this will only be done if the data protection requirements have been met.
  • Organisation of sweepstakes, competitions and discount campaigns under the respective contractual conditions. For this purpose, depending on the type of sweepstakes, competition or discount campaigns, we process the data required for implementation and processing, including shipping or provision of the prizes. Typically, this includes master and contact details, operating data, type of customer and possibly information and analyses of interests and user behaviour, planning and control data, technical documentation and log data (e.g. declarations of consent). 

Further details on the purpose of data processing can be found in the respective contractual documents and terms of use.

For the above-mentioned purposes, we also process data which we receive from your CLAAS authorised dealer or CLAAS, companies of the CLAAS Group (see Section IV.2.a., d.) and public sources (see Section IV.3.) and pass on your data to the recipients named in Section A.III.1.–5 for the purposes mentioned therein. 
 

C.    Provision of services and maintenance, technical support

  • Planning and processing of contractual service and repair orders, goodwill cases, guarantee or warranty inquiries, including billing and documentation, the provided services for the purpose of evidence. During maintenance and repair processes, relevant technical data for servicing your machine are read using diagnostic devices from the electronic control devices installed in your machine. During this process, data is also saved which is otherwise only volatile (e.g. fill levels). This data is used to diagnose and rectify malfunctions and errors. 
  • Creation and maintenance of an electronic service and maintenance history. We also process your data to create and maintain a central electronic service and maintenance history. We do this in our legitimate interest in making the corresponding documentation available to all dealers in order to ensure that you have flexible access to this data when selecting a suitable workshop (also to meet legal obligations), for the availability of a maintenance history in the event of resale, to improve the quality of our after-sales services and to optimise our business processes. The legal basis for creating and maintaining the electronic service and maintenance history is Article 6 (1) 1 points c and f GDPR; Section 26 (1) 1 BDSG; 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
  • Technical support for the CLAAS authorised dealer by CLAAS as part of our service and repair services. The legal basis is the fulfilment of the repair order by the CLAAS authorised dealer, Article 6 (1) 1 point b GDPR; Section 26 (1) 1 BDSG; 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. If no contractual obligations exist (e.g. in the case of goodwill), Article 6 (1) 1 point 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 are the legal basis.

For the aforementioned purposes, we typically process the following data: Personal identification and con-tact data, operating data, customer type, contract and order data, service and maintenance data, machine data (machine master data, machine performance data and machine operating data), technical documentation and log data, technical documentation and log data, planning and control data. 

For the above-mentioned purposes, we also process data which we receive from your CLAAS authorised dealer or CLAAS, companies of the CLAAS Group (see Section IV.2.a., d.) and public sources (see Section IV.3.) and pass on your data to the recipients named in Section A.III.1.–5 for the purposes mentioned therein.


D.    Customer support

We process your data for the purpose of customer service. We do this based on our legitimate interest in optimal advice on products and services and the efficient tracking of enquiries and complaints

  • Responding to your enquiries (e.g. enquiries about a test drive, service or specific offer, callback requests, enquiries to our customer services, complaints, brochures, ordering spare parts, etc.). If you submit an enquiry via CLAAS, online or using the contact details of CLAAS or the CLAAS group companies (e.g. connect.claas.com or claas.com, customer hotline) or a CLAAS authorised dealer, we will process your data so that your enquiry is directed to the right contact person within our sales and service organisation (e.g. the responsible CLAAS employee or the authorised dealer you have selected or, if you have not made a selection, the CLAAS authorised dealer responsible for you in your region) and ensure that your enquiries are followed up in good time. The legal basis is Art. 6(1) 1 f GDPR; Section 26 (1) 1 BDSG; 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 lies in the efficient tracking and answering of your enquiries within the scope of our customer service. If your request is aimed at the conclusion, execution or processing of a contract, Art. 6 (1) 1 point b GDPR; Section 26 (1) 1 BDSG; 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 are the le-gal basis. For this purpose, we typically process personal identification data, contact data, operating data, customer type, information and analyses relating to interests and user behaviour, planning and control data, contract and order data, electronic identification data, authentication data, communication data, technical documentation and log data, technical documentation and log data, inventory da-ta, movement data, photos, machine data (machine master data, machine operating data, machine performance data), service and maintenance data.
  • Customer care, with the involvement of the CLAAS authorised dealers selected by you or regionally responsible for you (e.g. advice on products and services tailored to your needs and interests). In order to offer you the best possible customer experience, CLAAS and CLAAS authorised dealers work together closely to provide sales and customer service. This includes the documentation and planning of activities and tasks within the context of customer care, sales management and new customer acquisition, machine demonstrations, test drives, training courses and other events, including the provision and logistics for everything relating to the machine and the availability planning of CLAAS and CLAAS authorised dealer employees with the expertise to respond to your enquiries, as well as the preparation of reports and analyses. This also serves to procure interested parties and control and optimise business processes. The legal basis is Art. 6(1) 1 f GDPR; Section 26 (1) 1 BDSG; 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 lies in the provision of optimal customer service, sales management, the control and optimisation of business processes and the assertion of claims or defence in litigation. The legal basis is Art. 6(1) 1 f GDPR; Section 26 (1) 1 BDSG; 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 legitimate interest of CLAAS and CLAAS authorised dealers lies in the purposes mentioned above. If your data is processed in order to initiate a contract on your initiative or to fulfil contractual obligations or if this takes place with your consent, the legal basis is Art. 6 (1) 1 point b GDPR or Art. 6 (1) 1 point a GDPR; Section 26 (1) 1 BDSG; 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. Where we are obliged to transfer the data by law, the legal basis is Art. 6(1) 1 c GDPR; Section 26 (1) 1 BDSG; 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. 

We typically process the following data for the purpose of customer care, including processing and tracking your enquiries: Personal identification and contact data, operating data, type of customer, information and analyses about interests and user behaviour, planning and control data, contract and order data, communication content data, technical and professional documentation and log data, service and maintenance data.

For the above-mentioned purposes, we also process data which we receive from your CLAAS authorised dealer or CLAAS, companies of the CLAAS Group (see Section IV.2.a., d.) and public sources (see Section IV.3.) and pass on your data to the recipients named in Section A.III.1.–5 for the purposes mentioned therein.


E.    Measures for business control and optimisation of our business processes 

We process your data to create reports and analyses within the scope of our reporting, to identify market and sales potential, for sales management, to control and optimise business processes and to acquire new customers. The legal basis for this is Art. 6 (1) 1 point f GDPR; Section 26 (1) 1 BDSG; 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 lies in the aforementioned purposes.

For this purpose, we typically process the following data: Personal identification data, contact data, operating data, type of customer, information and analyses about interests and user behaviour, planning and control data, contract and order data (including information about business transactions, billing and payment data), communication content data, technical documentation and log data, technical documentation and log data, electronic identification data, usage and traffic data, inventory data, movement data, machine data (e.g. machine master data, machine operating data), service and maintenance data, photos.

For the above-mentioned purposes, we also process data which we receive from your CLAAS authorised dealer or CLAAS, companies of the CLAAS Group (see Section IV.2.a., d.) and from public sources (see Section IV.3.) and we pass on your data to the recipients named therein for the purposes mentioned in Section A. III.1.–5.

F.    Cooperation in sales and customer care (including administrative processes)

I.    Joint responsibility (Art. 26 GDPR) 

The following companies in the CLAAS Group and CLAAS authorised dealers (collectively referred to as the "Parties") work closely together for the sales and marketing of products and services of the CLAAS Group. They are therefore jointly responsible for protecting your personal data within the procedural steps described below (Art. 26 GDPR):

1.    Name and contact details of the jointly responsible controllers, including contact details of the Data Protection Officer

The jointly responsible controllers are: 

CLAAS of America, Inc.
8401 South 132nd Street
Omaha, NE 68138, USA
contactus@claas.com
(hereafter “CLAAS”)
 

CLAAS KGaA mbH
Mühlenwinkel 1
33428 Harsewinkel, Germany

infoclaas@claas.com
(hereafter referred to as “CLAAS KGaA mbH”)
 

The CLAAS authorised dealer responsible for you or selected by you (https://www.claasofamerica.com/sales-financing/dealer-start) (hereafter referred to as “CLAAS authorised dealer”). 
You can also call at any time to find out which CLAAS authorised dealer is responsible for you Tel. +1 (402) 861-1000.
 

CLAAS Global Sales GmbH
Mühlenwinkel 1
33428 Harsewinkel, Germany

infoclaas@claas.com
(hereafter referred to as “CLAAS Global Sales GmbH”)
 

 Contact details of the Data Protection Officer or the contact person for data protection:

Contact the Data Protection Officer of CLAAS KGaA mbH, CLAAS Global Sales GmbH and CLAAS Service and Parts and the Group Data Protection Officer of CLAAS at
Group Data Protection Officer 
FAO CLAAS KGaA mbH
Mühlenwinkel 1 
33428 Harsewinkel, Germany
group.dpo@claas.com
 

If the CLAAS authorised dealer has appointed a Data Protection Officer, you can find his or her contact details on the CLAAS authorised dealer's website. This can also be requested from CLAAS at any time using the contact details above.

2.    For which process sections is there joint responsibility?

There is joint responsibility for the following process steps:

(1)    Provision and management of data relating to customers, prospective customers and potential customers in the customer database
(2)    Creation, administration, tracking and documentation of activities in the customer database
(3)    Documentation of events, facts and processes, including generation and documentation
(4)    Provision and administration of data for a reporting system in the customer database
(5)    Initiation and documentation of business deals in the customer database
(6)    Provision and further development of the basic system architecture for the customer database

3.    What have the parties agreed?

Within the scope of their joint responsibility under data protection law, the controllers have agreed who will fulfil which obligations under the GDPR. This in particular applies to your rights and the fulfilment of duties to provide information in accordance with Articles 13, 14 and 26 GDPR.

Processing steps

Jointly controlled by

Provision and further development of the basic system architecture for the customer database

CLAAS KGaA mbH, CLAAS Global Sales GmbH

Provision and management of data relating to customers, prospective customers and potential customers in the customer database 

CLAAS, CLAAS authorised dealer, CLAAS KGaA mbH, CLAAS Global Sales GmbH

Creation, administration, tracking and documentation of activities in the customer database

CLAAS, CLAAS authorised dealer

Documentation of events, facts and processes, including generation and documentation

CLAAS, CLAAS authorised dealer

Provision and administration of data for a reporting system in the customer database

CLAAS, CLAAS authorised dealer, CLAAS KGaA mbH, CLAAS Global Sales GmbH

Initiation and documentation of business deals in the customer database

CLAAS, CLAAS authorised dealer

Fulfilment of the in-formation obligations according to Art. 13, 14, 26 GDPR

Implementation of the rights of the data subjects

The party who enters the data subject into the CLAAS customer database shall make the information required according to Art. 13, 14 and 26 GDPR available to the data subject in a precise, transparent, understandable and easily accessible form in clear and simple language free of charge. Each party shall also provide the other party with all necessary information from their area of activity

The parties shall immediately in-form each other about your asserted rights as a data subject (see Section A.VII. of the data protection information). 

They shall provide each other with all information required to answer requests for information.

Single point of contact. You can assert your rights as a data subject with and against each of the controllers.
Irrespective of this, the parties have agreed that CLAAS of America, Inc.
8401 South 132nd Street
Omaha, NE 68138, USA
or by email to “privacy.coa@claas.com” shall act as a single point of contact in accordance with Art. 26 (1) 3 GDPR.

If CLAAS KGaA mbH, as operator of the basic system architecture, is required to fulfil 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.
 



G.    marketing communication (including customer satisfaction surveys, market and opinion research)

I.    Marketing communication

CLAAS, CLAAS KGaA mbH, CLAAS Global Sales GmbH, CLAAS Service and Parts GmbH, and the CLAAS authorised dealer selected by you or the CLAAS dealer responsible for you in your region (hereinafter jointly referred to as “the parties” in this Section, see also No. II. of this section) use your data for the purpose of marketing communication.

Marketing communication includes the CLAAS brand as well as products from third-party suppliers sold by the companies of the CLAAS Group and CLAAS authorised dealers, insofar as these are products which complement the products of the CLAAS brand or support them in their function (e.g. tillage equipment, fertilisation, application equipment, precision sowing technology, spraying, farm management software). Contact is made via the channels specified in the declaration of consent (e.g. post, email including newsletters, telephone/messenger services, push notifications, e.g. on websites, apps). If you consent to the transmission of promotional push messages for websites or apps, we will send you push messages from the following apps: claas.com, connect.claas.com, CLAAS connect App.

The legal basis for this data processing is your consent, Art. 6 (1) 1 lit. a GDPR; Section 26 (1) 1 BDSG; 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.

For this purpose, the Parties jointly process the following data:

  • Personal identification data (e.g. surname, first name, address, CLAAS ID, title and operative function, date of birth)
  • Contact details (phone number, email address)
  • Company data (name of the company, address, activities, company size, fleet information, customer number, operating history (e.g. date of purchase or first use of your machine), sales data, information about activities carried out (e.g. customer visits, product demonstrations), 
  • Information and analyses about interests and user behaviour (e.g. interest in products, customer interest, preferred or selected communication channels, investment or purchase interest, information on purchased or rented products and services used (e.g. test drives, machine demonstrations, events, platforms such as CLAAS Connect, applications, financing), customer history, sales data, information about opens, clicks and bounces from newsletters, apps, websites and social media channels, information which is legitimately obtained about people, for example using customer needs and potential analyses, such as possible times when you may need a new machine, spare part or service, marketing history and response to direct marketing measures, feedback from customer satisfaction surveys)
  • Machine data (machine master data, machine performance data and machine operating data, i.e. such as the machine number and associated attributes such as the manufacturer, product category, product group, product classification, model, machine type, equipment, configuration, hectares worked, number of bales produced, loads performed, operating hours)

This is data which the parties jointly collect with your marketing consent for the purpose of direct marketing, data which you provide to one of the parties within the context of the business relationship and data which results from the use of products, services or benefits 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, please see section F). The parties use the data and information obtained in this way to determine which information and offers are most likely of interest to you and to contact you for marketing purposes. The aim is to tailor our marketing to your interests and optimise our offers for you. 

In individual cases and only after careful consideration, the parties will contact you for marketing 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 providers sold by the companies of the CLAAS Group or the CLAAS authorised dealer, insofar as these are products which complement the products of the CLAAS brand or support them in their function (e.g. tillage equipment, fertilisation, application equipment, precision sowing technology, spraying, farm management software), including without marketing consent. The legal basis is Art. 6(1) 1 f GDPR; Section 26 (1) 1 BDSG; 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. A prerequisite for direct marketing based on legitimate interests is that the applicable legal requirements are met, that you are aware of the processing of your data for the purpose of marketing and that you are aware of your right to object in accordance with Art. 21 GDPR (see also Section A.VII. of this data protection information) and have not objected.

The legal basis for the storage of technical and professional documentation and log data for the purpose of documenting your consent is Article 6 (1) 1 points c and f GDPR; Section 26 (1) 1 BDSG; 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 marketing communication is usually distributed by service providers (e.g. marketing agencies, lettershops, IT service providers, CRM, messenger service providers) who act as commissioned data processors. These may also include service providers based in a third country, including the USA, UK; see Section AV (third country transfer).

II.    Joint responsibility

CLAAS, CLAAS KGaA mbH, CLAAS Global Sales GmbH, CLAAS Service and Parts GmbH, and the selected or regionally responsible CLAAS authorised dealer process the data of customers, interested parties and potential customers when obtaining marketing consent and collection and use of the data for marketing purposes (insofar as the imprint of the marketing measure discloses two or more parties as sender).

 1.    Name and contact details of the jointly responsible controllers, including contact details of the Data Protection Officer

The jointly responsible controllers are: 

CLAAS of America, Inc.
8401 South 132nd Street
Omaha, NE 68138, USA
contactus@claas.com

CLAAS Global Sales GmbH
Mühlenwinkel 1
33428 Harsewinkel, Germany

infoclaas@claas.com

CLAAS KGaA mbH
Mühlenwinkel 1
33428 Harsewinkel, Germany

infoclaas@claas.com
 

CLAAS Service and Parts GmbH
Mühlenwinkel 1
33428 Harsewinkel, Germany

infoclaas@claas.com
 

The CLAAS authorised dealer you have selected or – if no dealer has been selected – the regionally responsible CLAAS dealer (https://www.claasofamerica.com/sales-financing/dealer-start) (hereafter referred to as “CLAAS authorised dealer”)
You can also call at any time to find out which CLAAS authorised dealer is responsible for you Tel. +1 (402) 861-1000
 

Contact details of the Data Protection Officer or the contact person for data protection:

Contact the Data Protection Officer of CLAAS KGaA mbH, CLAAS Global Sales GmbH and CLAAS Service and Parts or the contact per-son for data protection issues at CLAAS at

Group Data Protection Officer 
FAO CLAAS KGaA mbH 
Mühlenwinkel 1 
33428 Harsewinkel, Germany
group.dpo@claas.com
 

If the CLAAS authorised dealer has appointed a Data Protection Officer, you can find his or her contact details on the CLAAS authorised dealer's website. This can also be requested from CLAAS at any time using the contact details above.

2.    For which process sections is there joint responsibility?

The companies of the CLAAS Group and CLAAS authorised dealers listed in Section 1 (collectively referred to as the "Parties") work closely together for the sales and marketing of products and services of the CLAAS Group. They are therefore jointly responsible for protecting your personal data within the procedural steps described below (Art. 26 GDPR):

There is joint responsibility for the following process steps:
(1)    Collection and use of the data for marketing purposes (insofar as the imprint of the marketing measure discloses two or more parties as sender)
(2)    Obtaining marketing consent
(3)    Documentation of the declaration of consent
 

3.    What have the parties agreed?

Within the scope of their joint responsibility under data protection law, the parties have agreed who will fulfil which obligations under the GDPR. This in particular applies to your rights and the fulfilment of duties to provide information in accordance with Articles 13, 14 and 26 GDPR.

Processing steps

Fulfilment of the obligations according to Art. 13, 14, 26 GDPR

Collection and use of the data for marketing purposes (insofar as the imprint of the marketing measure discloses two or more parties as sender)

The party who collects the data from you

Obtaining marketing consent

The party who obtained marketing consent

Documentation of the declaration of consent

The party who obtained marketing consent

Implementation of the rights of the data subjects

Data subjects can contact each of the joint controllers with regard to the assertion of data subject rights. Irrespective of this, the parties have agreed that CLAAS of America, Inc. will act as a common point of contact in accordance with Art. 26 (1) 3 GDPR. If CLAAS KGaA mbH, as operator of the basic system architecture, is required to fulfil 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.


H.    Product monitoring, product safety

We also process your data in order to be able to effectively comply with our statutory product monitoring obligations. For this purpose, we process data about the performance and security of our products on the market.  We do this to protect life and limb and our ownership of the products, in addition to defending ourselves against claims arising from product liability. 

We also process your data in the event of a technical campaign, special inspection or product recall so that we can contact you. For this purpose, the CLAAS authorised dealer or CLAAS will contact you for this purpose (in exceptional cases also CLAAS Service and Parts GmbH). We do this to fulfil our legal obligation to provide clarification and information and to initiate and monitor the implementation of technical measures, modifications, security-relevant updates and for the purpose of shipping parts to you or the CLAAS authorised dealer responsible for you. In the event of security-relevant facts, we also process your data to protect life, limb and property. The legal basis is Art. 6 (1) 1 lit. c, d and f GDPR; Section 26 (1) 1 BDSG; 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 lies in the aforementioned purposes. If the processing is necessary for the fulfilment of contractual obligations, Art. 6 (1) 1 lit. b GDPR; Section 26 (1) 1 BDSG; 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 are the legal basis.

Within the scope of our product monitoring and the resulting follow-up measures, we process service re-ports, maintenance data, service history, notifications of defects, customer reports and customer com-plaints, information about the use of products and services by you and, if applicable, reports and information which you provide in customer satisfaction surveys, machine data (machine master data, machine performance data and machine operating data), operating data, contract and order data, planning and control data, technical and specialist documentation and log data, communication content data.

For this purpose, we process data which we receive from CLAAS or CLAAS authorised dealers and CLAAS Service and Parts GmbH, see Section A.IV.2.a., d. and pass your data on to CLAAS Service and Parts GmbH, CLAAS KGaA mbH and the CLAAS authorised dealer responsible for you or CLAAS  for the aforementioned purposes, see Section A.III.2.a.b, 4.a., b., d.

I.    Quality assurance, product improvement and new product development

We use data which CLAAS, CLAAS authorised dealers and CLAAS Service and Parts GmbH collect when providing services (e.g. defect and service reports) in addition to your feedback on our products and services for quality assurance, the development of new products and services and the constant improvement of existing ones. This is based on our legitimate interest in meeting the high demands of our customers for continuous improvement and expansion of our product range, interest in innovative products and demand for quality. For this purpose, your data will also be passed on to companies in the CLAAS Group (e.g. to CLAAS Service and Parts GmbH and CLAAS KGaA mbH). The legal basis is Art. 6(1) 1 f GDPR; Section 26 (1) 1 BDSG; 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, we typically process the following data: Planning and control data, machine data (machine master data, machine performance data and machine operating data, including location data), service and maintenance data. If possible, your data will be used without a personal reference. If you have given us your consent to the processing, we will process the data mentioned in the consent for the above-mentioned purpose. 

For this purpose, we process data which we receive from CLAAS or CLAAS authorised dealers and CLAAS Service and Parts GmbH, see Section A.IV.2.a., d. and pass your data on to CLAAS Service and Parts GmbH, CLAAS KGaA mbH and the CLAAS authorised dealer responsible for you or CLAAS  for the aforementioned purposes, see Section A.III.2.a.b, 4.a., b., d.


J.    Event management

I.    Implementing and managing events (including trade fairs)

If you have registered for events or take part in our events, we process the data necessary for the implementation and management of the event. The legal basis is Art. 6(1) 1 lit. b GDPR; Section 26 (1) 1 BDSG; 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, we typically process personal identification and contact data, operating data, customer type, communication content data (e.g. sending confirmation of participation), technical documentation and log data (e.g. log data within the scope of the registration process), information and analyses about interests and user behaviour, contract and order data (e.g. for the event you have booked, billing and payment data), planning and control data.

II.    Reporting on events

If you participate in our events (including trade fairs), we process data in order to report on the event. Photos and/or videos are regularly taken at our events, some of which are published on our homepage in our external and internal reporting. In addition to the photo and film recordings, metadata such as the time and place of the recording and the location are also automatically saved in the digital cameras. The legal basis for taking and storing photo and video recordings is Art. 6 (1) 1 lit. f) GDPR; Section 26 (1) 1 BDSG; 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 on the basis of our legitimate interest in internal and external reporting on the event for public relations. The legal basis for the publication of the photo and video recordings is Art. 6 (1) 1 lit. f GDPR; Section 26 (1) 1 BDSG; 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 the case of public events (e.g. at trade fairs) or events in the public sphere or if they only incidentally appear in the photo and the reporting on the event is in the foreground. In addition, we only publish recordings of you with your consent, Art. 6 Para. 1 S. 1 lit. a GDPR; Section 26 (1) 1 BDSG; 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.

K.    Corporate transactions

We also process your data in the case of corporate transactions, e.g. if we want to sell specific divisions. In this context, we may disclose data to interested parties as part of the due diligence. In doing so, we anonymise your data as much as possible and otherwise generally only transfer it in a pseudonymised manner. We use a data protection management system for corporate transactions to ensure that we comprehensively protect your data. The processing of your data as part of due diligence (e.g. preparation of due diligence reports, transmission to interested parties) is based on our legitimate economic interest in changing our business operations in line with the market. The legal basis is Art. 6(1) 1 f GDPR; Section 26 (1) 1 BDSG; 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, we typically process personal identification data, contact data, operating data, contract and order data, service and maintenance data, technical and professional documentation and log data, planning and control data, information and analyses about interests and usage behaviour, machine data.

L.    Building and factory security measures

When you enter our company or factory premises, we process your data for the purpose of exercising our domiciliary rights and ensuring adherence access and admission authorisations to protected areas and safety instruction. We do this on the basis of our legitimate interest in exercising property rights, protecting our company and business secrets and in the interests of securing and protecting our data. The legal basis is Art. 6(1) 1 f GDPR; Section 26 (1) 1 BDSG; 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, we process the following data: Personal identification data, contact details, operational data, official identification data, and, if applicable, the time and occasion of your visit, photos and film recordings (e.g. within the context of video surveillance). We may pass on your data to a security service provider. They receive the data as a commissioned data processor.