Data Protection Information

Version: 21/02/2022

In the following Data Protection Policy, CLAAS UK Limited ("CLAAS Sales Company") provides information about the processing of your personal data when you enter your data for the purpose of establishing contact. References to the GDPR mean the UK-GDPR and are summarised under the abbreviation "GDPR".

A. General Data Protection Information

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

The controller is:

CLAAS UK Ltd.
Saxham Bury St. Edmunds
Suffolk
IP28 6QZ, United Kingdom
cuk.info@claas.com

The Group Data Protection Officer can be contacted as follows:

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

Name and contact details of the controller’s representative in the EU

Oliver Hölscher
c/o CLAAS KGaA mbH
Group Data Protection
Mühlenwinkel 1
33428 Harsewinkel, Germany

II. Duration of storage

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

We also store your personal data to the extent and as long as is necessary to discharge contractual or legal obligations. For example, we process your data to fulfil duties of proof and retention obligations existing under commercial or tax law.

When the data are no longer required for the discharge of contractual or legal obligations, they are regularly 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 ourselves against legal claims in legal disputes. When we process data to defend ourselves against legal claims in legal disputes, the storage period is also based on the statutory limitation periods (e.g. civil law and product liability law). In this case, the processing is restricted, i.e. limited to the minimum which is necessary, and blocked for other purposes. The above does not apply if anything to the contrary is specified in the Particular Data Protection 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 Particular Data Protection Policy for any further categories of service providers used.
  2. 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 protection 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 base is Art. 6(1) 1 points f and c GDPR.
  3. Data transmission 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 base is Art. 6(1) 1 f GDPR. Where it is necessary for the negotiation of a contract upon your initiative or for the discharge of obligations relating to the contract or the data are transferred with your consent, the legal base is Art. 6(1) 1 b GDPR or Art. 6(1) 1 a GDPR. Where we are entitled to transfer the data by law, the legal base is Art. 6(1) 1 c GDPR. Please refer to the Particular Data Protection Information concerning any other transfer of data to third parties.
  4. 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 discharge of obligations relating to the contract or takes place with your consent, the legal base is Art. 6(1) 1 b GDPR or Art. 6(1) 1 a GDPR. Where we are obliged to transfer the data by law, the legal base is Art. 6(1) 1 c GDPR.

IV. Forwarding to third countries

Insofar as we transmit your personal data ourselves or through service providers to countries outside the European Union, we comply with the special provisions of Art. 44 et seq. GDPR for this purpose and also oblige our service providers to comply with these regulations. We shall therefore only transmit your data to countries outside the European Union in accordance with the level of protection guaranteed by the GDPR. This level of protection is guaranteed in particular by means of an adequacy decision adopted by the EU Commission or by appropriate safeguards as set out in Art. 46 GDPR.

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,
  • is required to safeguard our legitimate interests.
  • is stipulated by law or you have given your consent.
  • carried out during data processing where service providers are involved.

In cases where no resolution of the European Commission exists regarding a level of data protection that adequately meets European data protection requirements in the relevant country, we ensure via corresponding contracts that your rights and freedoms are properly protected. Such an agreement ensures that there is an adequate level of data protection on the part of the recipient of the data, and includes agreeing on standard contractual clauses of the European Union with the recipient. Otherwise, we can also transmit data on the basis of your express consent.

You may withdraw your consent at any time with effect for the future, see contact details of the companies in section A.VI or B II.

We will provide you with more detailed information at no cost if you send us a request using the contact details provided above.

Kindly 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.

V. Obligation to provide personal data

Unless otherwise specified in the Particular Data Protection Information, you are under no legal or contractual obligation to provide your data.

VI. Data subject rights

In accordance with Art. 15 GDPR, you have the right of access and to obtain information about your stored data. If incorrect personal data have 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 can 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 (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 Sales Company for solvency checks or marketing purposes. If you object, CLAAS Sales Company will no longer process your personal data unless CLAAS Sales Company 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 enforcement of legal claims.
  2. CLAAS Sales Company 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 Sales Company 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: uk.data@claas.com

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

If you have given your consent for your personal data to be processed, you have the right to withdraw your consent at any time. Withdrawing your consent does not affect the lawfulness of the processing of data on the basis of your consent before the time at which consent was withdrawn.

Withdrawal of consent does not require any specific form and may be sent to the contact addresses provided in Part A. I. Should CLAAS Sales Company provide additional options for withdrawing consent (e.g. unsubscribe link in every newsletter email), you will be advised of this in the Particular Data Protection Information.

You can exercise your rights vis-à-vis CLAAS Sales Company using the contact details provided in Part A. I.

If you believe that data is being processed in violation of data protection regulations, you have the right to lodge a complaint with a data protection supervisory authority of your choice. (Article 77 GDPR).

You can of course also complain to CLAAS’ Group Data Protection Officer at any time (group.dpo@claas.com).

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 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 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) c and f GDPR) 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. Particular Data Protection Informatio

I. Contact form

There is a form on the website which you can use to contact CLAAS Sales Company (e.g. request for a callback or quotation). CLAAS Sales Company will process your personal data which you provide via the contact form in order to manage your request, send you a response or follow up a complaint. The legal base is Art. 6(1) 1 f GDPR. CLAAS Sales Company has a legitimate interest in the management of concerns that you address to us, in the settlement and following-up of complaints and in communicating with customers and interested parties. We process your email address in order to send you confirmation of your enquiry. Furthermore, we use your email address or the so-called CLAAS ID to verify that contact was not made via the contact form by a third party without your authorisation. Where we use your email address for this purpose, the so-called double opt-in procedure comes into play, whereby you confirm, by clicking on a link contained in the confirmation email, that you or a person authorised by you initiated the contact. Where the establishment of contact is necessary for the negotiation of a contractual relationship, the legal base for data processing is Art. 6(1) 1 b GDPR.

The data that are required to respond to your request sent via the contact form are marked with an asterisk (*) as compulsory data. You can also voluntarily provide us with additional data. These can include company data (e.g. name of company, address), personal identification data (e.g. title, first name, last name), contact data (e.g. email address, telephone number), information and analyses regarding interests and user behaviour (e.g. product interest, preferred and selected communication channels, purchase interest), communication content data (if you leave us additional information regarding your request).

Furthermore, we process usage and traffic data (IP address, date and time of your request, login data required during the double opt-in process). The legal base for the data processing is Art. 6(1) 1 f GDPR because of our legitimate interest in safeguarding the functionality of this website and the security of the information technology systems.

We use the data you provide to us voluntarily for the purpose of direct marketing, cf. Part B.II. of this data protection information.

We may also transfer your data to third parties, for example the CLAAS authorised dealer responsible for or selected by you, or to CLAAS Group companies, if this is necessary to follow up and fulfil your request. If you have not selected a CLAAS authorised dealer, we will determine the CLAAS authorised dealer responsible for you in your region by means of your address details. You can find out which CLAAS authorised dealer is responsible for your region at any time by visiting https://www.claas.co.uk/sales-finance/dealers or by contacting us free of charge at the address given in Part A.I. The legal base for the processing of your data is Art. 6(1) 1 f GDPR. Our legitimate interest les in following up and fulfilling your requests and in good customer services.

We store your data in order to be able to give you the best possible advice. 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. II of this Data Protection Information. On the basis of your consent and/or another legally recognised reason for permission, in particular our legitimate interest pursuant to Art. 6(1) 1 f GDPR, your data can continue to be stored, e.g. for the purpose of customer retention or recovery and in connection with defence of legal claims. When we process your data to defend ourselves against claims in legal disputes, the storage period is also based on the statutory limitation periods (e.g. civil law and product liability law). Our technical infrastructure is geared to the principles of necessity and appropriation with regard to the storage of your data. Accordingly, the group companies and partner companies have access to the data which they need to fulfil their tasks. More details can be found under A.III.

Use of services (such as cookies)

On the contact form, we use services (e.g. cookies) from the category of "technically necessary". We use these because they are technically necessary for us to provide the website or for a service you request. These services are always active. The legal base for using these technically necessary services is the PECR. If we process personal data relating to you, we process them to the extent that this

  • is necessary for the performance of a contract to which you are a party (Art. 6(1) 1 b GDPR) or
  • is prescribed by law (Art. 6(1) 1 c GDPR)
  • is necessary to safeguard our legitimate interests (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. VII. You can delete cookies by means of your browser settings.

II. Marketing

1. Advertising and marketing measures including advertising communication, market research, opinion research, customer satisfaction surveys

CLAAS Sales Company uses your data for the purposes of advertising and marketing measures including promotional communication (e.g. market and public opinion research, customer satisfaction surveys).

Marketing communication encompasses the CLAAS brand as well as products from third-party providers sold by the companies of the CLAAS Group 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 base for this data processing is your consent, Art. 6(1) 1 a GDPR.

You may withdraw your consent at any time with effect for the future, see contact details of the companies in section A.VI or B II.

CLAAS Sales Company also collects your data obtained via the website on behalf of CLAAS Global Sales GmbH1, CLAAS Service and Parts GmbH2 and CLAAS KGaA mbH3 and passes the data on to them for the purpose of advertising and marketing measures, including promotional communication (e.g. advertising contact via the channels you have chosen, market and opinion research, customer satisfaction surveys). The legal base is your consent, Art. 6 (1) 1 a GDPR.

You may withdraw your consent at any time with effect for the future, see contact details of the companies in section A.VI or B II.

These process the data as separately responsible entities. It is planned that in future the Parties will cooperate even more together on the processing of their data in this context.

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, size of business, fleet information, customer number, business 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, apps, 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 when you may potentially 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, 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 which the parties jointly collect with your consent to receiving marketing materials or 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. 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 contact for promotional purposes to your interests and optimise our offers for you. With regard to their cooperation, the parties have agreed in particular who will discharge which obligations under the GDPR. This concerns in particular the exercise of your rights and the fulfilment of the obligation to provide information pursuant to Articles13 and 14 GDPR. As a rule, you can contact the party that collects the data in question about your data subject rights. Where cooperation on the part of CLAAS KGaA mbH as the operator of the basic system architecture is required for the fulfilment of the data subject’s rights – in particular with regard to the enforcement of requests for erasure and the right to data portability – CLAAS KGaA mbH will work together with the other parties to implement the corresponding data subject's rights.

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, contact for promotional purposes 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 Partner, 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), even without consent to receiving marketing materials. The legal base is Art. 6(1) 1 f GDPR. 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 Part A.VI. of this data protection information) and have not objected.

The legal base 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. The marketing communication is usually distributed by service providers (e.g. marketing agencies, lettershops, IT service providers, CRM, messenger service providers) who act as processors. These may also include service providers based in a third country, including the USA, UK; see Part A.IV. (transfer to third countries).

1 Mühlenwinkel 1, 33428 Harsewinkel, Germany, email: infoclaas@claas.com; you can reach the Data Protection Officer at the above-mentioned address, c/o the Data Protection Officer, or at group.dpo@claas.com; the UK representative of CLAAS Global Sales GmbH can be reached as follows: Trevor Tyrrell, c/o CLAAS UK Ltd., Saxham, Bury St. Edmunds, Suffolk, IP28, 6QZ, United Kingdom

2 Mühlenwinkel 1, 33428 Harsewinkel, Germany, email: infoclaas@claas.com; you can reach the Data Protection Officer at the above-mentioned address, c/o the Data Protection Officer, or at group.dpo@claas.com; the UK representative of CLAAS Service and Parts GmbH can be reached as follows: Trevor Tyrrell, c/o CLAAS UK Ltd., Saxham, Bury St. Edmunds, Suffolk, IP28, 6QZ, United Kingdom

3 Mühlenwinkel 1, 33428 Harsewinkel, Germany, email: infoclaas@claas.com; you can reach the Data Protection Officer at the above-mentioned address, c/o the Data Protection Officer, or at group.dpo@claas.com; the UK representative of CLAAS KgaA mbH can be reached as follows: Trevor Tyrrell, c/o CLAAS UK Ltd., Saxham, Bury St. Edmunds, Suffolk, IP28, 6QZ, United Kingdom