Privacy policy for mailout of the newsletter pursuant to Art. 13 and 14 GDPR

CLAAS UK Ltd (“CLAAS”) takes the protection of personal data very seriously. We want you to be aware of what data we collect, when we collect it, and how we use it. We apply a range of technical and organisational measures to ensure compliance with privacy rules, both by CLAAS itself and by our external service providers.
All actions carried out by CLAAS in connection with mailing out the newsletter comply with the applicable legal provisions on the protection of personal data and data security. CLAAS takes precautions to protect personal data from loss, destruction, falsification, manipulation and unauthorised access.
The purpose of this document is to inform you of the content of our newsletter and the registration, mailing and statistical analysis processes we use in this context. The document also sets out your rights with regard to the related data processing. By subscribing to our newsletter, you agree to receive the newsletter, and grant consent for the data processing operations described in this data protection statement.
 

1. Who is responsible for the data processing operations?

The responsible entity for data processing operations with regard to sending the newsletter is CLAAS UK Ltd., Saxham, Bury St. Edmunds, Suffolk, IP28 6QZ, Phone + 44 1284 763100, uk.data@claas.com
How can I contact the data protection administrator?
For any questions or comments on data protection, please contact our data protection administrator at the following address:
CLAAS UK Ltd.
Saxham
Bury St. Edmunds
Suffolk, IP28 6QZ
Phone + 44 1284 763100
uk.data@claas.com
 

2. What data concerning you do we process, and where does it come from?

  1. Ordering the newsletterWith your freely given consent, you can subscribe to our newsletter. The purpose of the newsletter is to inform you of current products and related services that we believe may be of interest (e.g. news on products and services, product accessories, tips and tricks on using our products, invitations to take part in events, competitions, cash-back and free gift offers, other sales promotions, invitations to evaluate our products). The types of goods and services being promoted are set out in the consent declaration.
    For registration for our newsletter, we use the “double opt-in” process. When you forward our data to us to sign up for the newsletter, we immediately send you an email, inviting you to click the links to confirm and activate your free subscription. If you do not confirm your registration by activating it within 48 hours, your data will be blocked, and will be automatically deleted after one month. Only following your confirmation will you start to receive the newsletter regularly. The saved data is used exclusively to provide this service in accordance with your consent.
    (1) To register you for our newsletter, all we need is your email address. The provision of any other information (such as your surname, given name and title) is voluntary. The sole purpose of these details is to enable us to personalise our communications with you. The legal basis for this data processing is Art. 6 (1) (1) (a) GDPR, based on your consent.
    (2) We also store the IP addresses you use (as registering party and confirming party) and the time of the registration, confirmation and dispatch of the opt-in email and the registration and confirmation texts as content of your consent declaration. The purpose of this is to enable us to document your registration and investigate any possible misuse of your personal data. To mail out our newsletters, we use the services of a third-party data processing contractor, who is provided with your data for this purpose. The legal basis for storing this data regarding the registration process in the double opt-in process itself is Art. 6 (1) (1) (c) GDPR.You can unsubscribe from the newsletter at any time, simply by withdrawing your consent for us to send you the newsletter. Withdrawal of consent is free of charge. A link for this purpose is provided in every email. To withdraw your consent, simply click the link provided in every newsletter email, send an email stating that you wish to unsubscribe from the newsletter to uk.data@claas.com, or send a message addressed to the contact details provided above.  Such withdrawal will not affect the legality of processing operations carried out on the basis of your consent prior to its withdrawal.
  2. Analysis of your use of the newsletter.
    Our newsletter uses “Web bugs”. These enable us to run statistical analyses on the success or failure of online marketing campaigns. For this purpose, the emails sent out contain “Web beacons” or “tracking pixels”, which are single-pixel image files stored in our newsletter. For these statistical analyses, we link the data described in Section 3 and the Web beacons with your email address and individual ID. The data obtained in this way is used to create a user profile, so that we can tailor the newsletter to your specific interests. We do this by recording the links you click while reading the newsletter, as an indication of what you are personally interested in. With the embedded Web beacon, CLAAS can detect if and when you have opened an email, and which links you have clicked in the email.
    We store and analyse the personal data collected via the Web beacons contained in the newsletters in order to optimise the newsletter mailout process and tailor the content of future newsletters more closely to your specific interests. This personal data is not passed on to any third parties. If you object to the analysis of your use of the material in this way, we will not be able to send you or continue sending you our free newsletter.
    The information will be stored for such time as your newsletter subscription remains in place. Following your unsubscription, your data will be blocked and then automatically deleted after 30 days. Alternatively, your data will be stored after the expiry of that period in an anonymised, purely statistical form. It will no longer be possible to attribute the information to you.
 

3. What are the purposes and legal basis of the data processing operations?

  1. Mailout of the newsletter. The data as described in Section 2. a (1) and 2. b above will be stored in order to send you the newsletter with your consent, to improve the newsletter content and provide information according to your interests, and to monitor the success of our marketing. The legal basis for this data processing activity is your consent (Art. 6 (1) (1) (a) GDPR in conjunction with Art. 7 GDPR).
  2. Documentation of your consent in order to fulfil our reporting obligation under Art. 7 GDPR in conjunction with Art. 5 (2) GDPR. The personal data specified in Section 2. a (2) above will be used to send you the newsletter and document your consent in the opt-in process. The legal basis for storing this data regarding the registration process in the double opt-in process itself is Art. 6 (1) (1) (c) GDPR.
  3. Marketing purposes, customer satisfaction surveys, market and opinion research. Your data will be used for customer relations and marketing communication, and for market and opinion research (“marketing”) on the products and services marketed by CLAAS in the agricultural equipment sector and products and services under the CLAAS brand, and the agricultural equipment products of third parties distributed by CLAAS or the abovementioned CLAAS group companies (details of the products and services are available at www.claas.com).If you have given your consent to the processing of your data for marketing purposes, we will also use your data to contact you in writing, by telephone or by email for marketing purposes. The legal basis for such data processing is your consent (Art. 6 (1) (1) (a) GDPR). If you have given consent for the processing of your personal data, you may withdraw that consent at any time simply by notifying us accordingly. You can send your withdrawal of consent to the contact details provided under Section 2 above. This will be at no extra cost to you apart from normal postal or other communication charges. Your withdrawal of consent will apply from that time on. It will not affect processing operations carried out up until that time.
    In individual cases, and only after careful consideration, we will contact you for marketing purposes (e.g. marketing communications on products and services, invitations to events, market and opinion research) even without your consent, in writing, by telephone or email (according to the contact information you have provided for this purpose under the business relationship between us). This is subject to the proviso that the relevant privacy law requirements are met and that you have not objected to the processing of your data for marketing purposes under your right to object under Art. 21 GDPR (see also Section 7. b of this privacy policy). The legal basis for such processing is Art. 6 (1) (1) (f) GDPR, based on our legitimate interests in carrying out direct marketing. You have the right to object at any time to the processing of your data for direct marketing purposes. This also applies to profiling related to such direct marketing. If you lodge an objection, we will no longer process your data for these purposes. You can lodge your objection at any time simply by sending a notification addressed to the contact details given in Sections 1 and 2 above.
  4. Transfer of personal data for marketing purposes to group companies and sales partners. If you have given your consent, we will also transfer your personal data to the CLAAS group companies and sales partners specified in the consent declaration. On the basis of your consent, they may, if applicable, contact you for marketing purposes and forward information on the products and services marketed by CLAAS in the agricultural equipment sector and products and services under the CLAAS brand, and the agricultural equipment products of third parties distributed by CLAAS or the abovementioned CLAAS group companies (details of the products and services are available at www.claas.com). The legal basis is Art. 6 (1) (1) (a) GDPR.
 

4. What rights do I have?

You have a:
  1. Right of access. Under Art. 15 GDPR, you have the right to access the data stored concerning you.
  2. Right to rectification of your personal data. If inaccurate personal data have been processed, you have a right to rectification of your data under Art. 16 GDPR.
  3. Right to erasure. Subject to the relevant legal prerequisites, under Art. 17 GDPR you may ask us to erase stored personal data concerning you. This will apply where (i) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed; (ii) you have withdrawn your consent and there is no other legal ground for processing your personal data; (iii) you lodge an objection to processing of your personal data and there are no overriding legal grounds for the processing, or you lodge an objection to the processing for direct marketing purposes; (iv) the data has been unlawfully processed; (v) erasure is required for compliance with a legal obligation in Union legislation or law to which the data controller is subject; or (vi) the personal data have been collected in relation to the offer of information society services as referred to in Art. 8 (1) GDPR. 
  4. Right to restriction of processing. You may request the restriction of the processing of your data if (i) you contest the accuracy of the data, for the time we need in order to verify the accuracy of the data; (ii) the processing is unlawful and you oppose the erasure of your data and instead request the restriction of processing of the data; (iii) we no longer need your data, but you require it for the establishment, exercise or defence of legal claims; or (iv) you have lodged an objection to the processing pending verification of whether our legitimate grounds for processing the data override your legitimate interests.
  5. Right to object to processing.
Under Art. 21 (1) GDPR, you have the right, on grounds relating to your particular situation, to lodge an objection at any time to the processing of your personal data that we are processing on the basis of our legitimate interest under Art. 6 (1) (1) (f) GDPR. If you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims. Under Art. 21 (2) GDPR, you also have the right to object at any time, without charge, to profiling or direct marketing based on our legitimate interests under Art. 6 (1) (f) GDPR. If you lodge an objection, we will no longer process your personal data for the purpose of direct marketing or profiling.
 














 
  1. Right to data portability. Under Art. 20 GDPR, you also have the right to receive the personal data you have provided in a structured, commonly used and machine-readable format, where the data processing (i) is based on consent or a contract, and (ii) is carried out by automated means.If you exercise these rights, we will verify whether the legal prerequisites for doing so are met. This will include processing of the personal data required for your identification.
    You further have the right to complain to a data protection supervisory authority regarding our processing of your personal data: Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen [North Rhine-Westphalia State Data Protection and Freedom of Information Commissioners], Kavalleriestr. 2-4, 40213 Dusseldorf, tel.: +49 211 38424 0, fax: +49 211 38424 10, email: poststelle@ldi.nrw.de.
  2. Can I withdraw my consent?
If you have given us your consent for processing of your personal data, that consent represents the legal basis for processing your data. This is the case where you have consented to the mailing of our personalised newsletter. You have the right to withdraw your consent at any time, at no charge, simply by notifying us accordingly. A link for this purpose is provided in every email. You can notify us of withdrawal of your consent simply by clicking the link provided in any newsletter email, by email to uk.data@claas.com, or by sending a message addressed to the above contact details. Such withdrawal will not affect the legality of processing operations carried out prior to the withdrawal.
 












 
  1. Who will have access to my data?Within CLAAS, access to your data will be limited to parties who require it for the purposes described above.
    If you have given us your consent for processing of your data for marketing purposes, we will transfer your data to the CLAAS group companies specified in the consent declaration.
    If you give us your consent to mail you the newsletter and analyse your user behaviour with respect to the newsletter (see Section 3. b above), we will transfer your data to the third parties specified in the consent declaration.
    In connection with mailing the newsletter, including an analysis of your user behaviour, we will transfer your data to third parties (e.g. marketing service providers, providers of analysis tools, Web tracking service providers for mailing the newsletter). Their status as bound by our instructions, the security of your data and the contractual handling of your data will be set down in data processing contracts.
    Apart from the above, we will not transfer your data to third parties unless you have given consent to such transfer or we are entitled or obliged to transfer the data on the basis of legal provisions and/or orders issued by administrative authorities or the court. If we are obliged to do so by law or by an order from a relevant competent authority, we will transfer your data to third parties if and to the extent this is necessary for a criminal prosecution or hazard control by German state police authorities, for performance of the legal functions of German federal and state agencies for the protection of the constitution, the German Federal Intelligence Service or the German Military Counterintelligence Service or the German Federal Criminal Police Office in the context of its task of combating hazards of international terrorism, or for enforcing intellectual property rights.
 

7. Will my data be transferred outside the EU or the EEA (third-country transfer)?

For data processing operations, CLAAS works with a marketing service provider (salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 Munich) (“Salesforce”), which provides services for producing our newsletter to which you have subscribed, including an analysis of user behaviour, and the compilation of analyses and statistics. Through a data processing contract, we have ensured that Salesforce will process the data solely on our behalf and in accordance with our instructions, and that your data is sufficiently protected in terms of technical and organisational arrangements. Since Salesforce may store the data it processes for us on servers outside the EU or the European Economic Area (EEA), your data may in some cases be transferred to countries outside the EU or the EEA. We will ensure that, in that case, your data is transferred to countries outside the EU or EEA only if steps are taken to ensure that the data processing operation corresponds to the level of protection under current European data protection law. The data protection level of certain countries has already been recognised by the EU as corresponding to the European level of protection. In that case, data transfers to these countries may be carried out without specific administrative approval. We also ensure, through agreements with Salesforce on the basis of EU standard contractual conditions or other permit conditions (e.g. certification under the EU-US Privacy Shield), in accordance with the requirements of Art. 44 ff. GDPR, that the level of protection of your data in the case of a third-country transfer will correspond to the European level of data protection.
 

8. For how long will my data be stored?

In the case of data collected in connection with ordering or unsubscribing from the newsletter, we will store the information for such time as your newsletter subscription remains in place. We will store the results of data processing carried out on the basis of your consent for an indefinite period, unless you withdraw your consent. Such withdrawal will not affect the legality of processing operations carried out on the basis of your consent prior to its withdrawal.
Information on your use patterns will be stored for such time as your newsletter subscription remains in place. Following your unsubscription, your data will be stored in an anonymised, purely statistical form. It will no longer be possible to attribute the information to you.
Any further processing of your data will be carried out only if the information is required for legally admissible purposes or if we are legally entitled to do so. In that case, the processing will be restricted, i.e. limited to the minimum required for this purpose, and blocked for any other purposes. This applies for example to data that must be retained under the German Commercial Code (HGB) or Tax Code (AO) (Art. 147 par. 1 AO, Art. 257 par. 1 HGB). The relevant periods are generally up to 10 years.
 

9. Are any automated decision-making processes or profiling operations carried out?

No automated decision-making processes or profiling operations are carried out.
 

10. Might changes be made to this privacy policy?

In order to keep this privacy policy up to date, we reserve the right to make changes to the document if and to the extent necessary. You will of course be informed of any such changes. This will be done by an email sent to the email address you have provided, and with an automatic message displayed when you first log in to the Website following changes to this privacy policy. Any changes regarding data processing on the basis of your consent or on the basis of contractual agreements can be made only with your approval. You are advised to review the content of the privacy policy on a regular basis.