Data privacy information for the CLAAS Collection online shop
Version: 14/04/2022
CLAAS Service and Parts GmbH (“CLAAS”) uses the following data privacy information to inform you about how it processes your personal data on the CLAAS Collection Online Shop website, collection.claas.com.
Contents of this data privacy information:
A. General data privacy information
B. Particular data privacy information for the provision of our website to the general public
C. Particular data privacy information for the fulfilment of orders in the shop
D. Particular data privacy information for the provision of special functionalities and services to registered users
E. Particular data privacy information for the processing of (general) enquiries and complaints, as well as relevant communication (e.g. requests for information, orders or support, callback requests).
F. Particular data privacy information for our newsletter
G. Particular data privacy information for catalogue orders
H. Particular data privacy information for direct marketing (including customer satisfaction surveys, market and opinion research)
A. General data privacy informationI. Name and contact details of the controller
The controller is:
CLAAS Service and Parts GmbH
Mühlenwinkel 1
33428 Harsewinkel, Germany
shop@claas.com
Name and contact data of the representative of the controller in UK
Representative of the controller in UK :
Trevor Tyrrell
c/o CLAAS UK Ltd.
Saxham, Bury St. Edmunds, Suffolk, IP28, 6QZ
United Kinddom
II. Contact details of the Data Protection Officer
The Data Protection Officer can be contacted as follows:
CLAAS KGaA mbH
for the attention of: Data Protection Officer of CLAAS Service and Parts GmbH
Mühlenwinkel 1
33428 Harsewinkel
Germany
group.dpo@claas.com
III. Duration of storage
CLAAS stores your personal data for only as long as is necessary to achieve the purpose of their collection or processing. To the extent necessary, CLAAS stores your data for the duration of the business relationship. This encompasses in particular the establishment and performance of the contract.
In addition, CLAAS stores your personal data to the extent and for the duration necessary for compliance with contractual or legal obligations. For instance, we process your data for compliance with commercial or tax law obligations concerning documentation and storage. The periods of retention or documentation stipulated in these regulations are six years under commercial law pursuant to Section 257 of the German Commercial Code (HGB) and up to ten years under tax law pursuant to Section 147 of the German Fiscal Code (AO). The periods begin at the end of the calendar year in which the document was created.
When the data are no longer required for compliance with contractual or legal obligations, they are ordinarily erased, unless you have given CLAAS your consent to process your data and/or further processing is necessary based on CLAAS' legitimate interests, e.g. to win back customers or for defence against legal claims in legal disputes. When data are processed for defence against legal claims in legal disputes, the storage period also depends on the statutory limitation periods. According to Sections 195 et seq. of the German Civil Code (BGB), these can be up to 30 years, whereby the regular limitation period is 3 years, beginning at the end of the calendar year in which the claim arises. In this case, the processing is restricted, i.e. limited to the minimum which is necessary, and blocked for other purposes.
The above shall not apply if anything to the contrary is specified in the particular information on data privacy.
IV. Categories of recipients
1. Processor (Art. 28 GDPR). Service providers commissioned by CLAAS who support CLAAS in the execution of the business relationship are granted access to the data. These are companies in the following categories: hosting providers, tracking service providers, web agencies, IT services, consultants, service providers in the areas of first, second and third level support, call centre services, customer administration, lettershops, marketing, media technology, compliance, telecommunications, CRM and lead management. Refer to the particular data privacy information for each case insofar as other categories of processors are 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 privacy supervisory authority) for the processing of official enquiries, insofar as this is in your interest or we are legally obliged to do so. The legal basis is Art. 6(1) 1 f or c GDPR.
3. Transfer of data within the CLAAS Group. We transfer your data to other companies within the CLAAS Group or grant them access to your data. Where we do so for administrative purposes, such transfer is based on our legitimate interest in internal administrative purposes and Group reporting. The legal basis is Art. 6(1) 1 f GDPR. Where it is necessary for the initiation of a contract upon your initiative or for the fulfilment of contractual obligations or the data are transferred with your consent, the legal basis is Art. 6(1) 1 b GDPR or Art. 6(1) 1 a GDPR. Where we are entitled to transfer the data by law, the legal basis is Art. 6(1) 1 c GDPR. Please refer to the particular data privacy 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 compliance with contractual obligations or takes place with your consent, the legal basis 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 basis is Art. 6(1) 1 c GDPR.
V. Transfer 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.
In cases where no resolution of the European Commission exists regarding a level of privacy that adequately meets European privacy requirements in the relevant country, we ensure via corresponding contracts that your rights and freedoms are properly protected. Such an agreement either ensures that there is an adequate level of privacy on the part of the recipient of the data or that standard contractual clauses of the European Union are agreed with the recipient, or that transfer is on the basis of your express consent. You may withdraw your consent at any time with effect for the future, cf. Part A. VII. We will provide you with more detailed information at no cost if you send us a request using the contact details provided 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.
Please refer to the particular data privacy information for further information.
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
According to Art. 15 GDPR, you have a right of access to the stored data concerning you. Should incorrect personal data have been processed, you have the right to rectification according to 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 (data processing based on a balancing of interests).
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.
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
Right to withdrawal of your consent pursuant to Art. 7(3) GDPRWhere you consented to the processing of your personal data, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing carried out based on your consent prior to its 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 using the contact details provided in Part A. II., but, wherever possible, by sending notices to privacy@claas.com.
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 complain to CLAAS’ Data Protection Officer at any time as well (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 information on data privacy in the provision of our website to the general public
I. Provision of our website to the general public
When you use the website for informational purposes only, i.e. if you do not register or otherwise provide CLAAS with information (e.g. via a contact form), CLAAS only collects the personal data that your browser sends to our server. The collection of data is technically necessary in order to be able to show you the website. The legal basis is Art. 6(1) 1 b GDPR. Storage of data in log files, even after your visit, is necessary to ensure the functionality of the website and the security of the information technology systems. The legal basis for data processing is Art. 6(1) 1 f GDPR. You can object to data processing based on legitimate interests at any time with effect for the future, cf. Part A. VII. The aforementioned purposes constitute our legitimate interest in data processing.
The following categories of data are collected when you visit the website: usage and traffic data, technical documentation and protocol data, e.g.
• date and time of access
• time zone difference to Greenwich Mean Time (GMT)
• IP address
• host name of the accessing computer
• website from where the website was accessed
• website accessed via the website (content of the request)
• pages visited on the website
• report whether access was necessary
• volume of data transferred
• information about the browser type, language and version used
• operating system
The data are erased as soon as they are no longer necessary for the purpose for which they were collected. With regard to the provision of the website, this is the case at the end of each session. If data are stored in log files, this is the case after 30 days at most. The data are not stored together with other personal data of yours.
II. Use of services (e.g. cookies, analytical and remarketing tools)
CLAAS uses services (e.g. cookies, analysis tools and remarketing tools) on this website. CLAAS uses these services to store information on your device (e.g. in your browser) and/or access information that is already stored on your device. This information may include personal data as well as data that is not related to a specific person. Where applicable, after storing or accessing the information, personal data may be processed further in accordance with your choice of category.
CLAAS uses the following services in the following categories:
If the use of the service (i.e. storing information on your device and/or accessing information stored on your device) is required for a technical reason, Art. 25 para. 2 of the German Telecommunications Telemedia Data Protection Act (TTDSG) in conjunction with Art. 6(1 b, c, f) GDPR forms the lawful basis. This information may include personal data as well as data that is not related to a specific person. If, after storing or accessing the information, personal data relating to you is processed, this processing is performed only if this is required
• for performance of a contract where you are a party to the contract (Article 6(1b) GDPR) or
• by law (Article 6(1c) GDPR)
• to safeguard our legitimate interests (Article 6(1f) GDPR).
You are able to object to the processing of data on the basis of a legitimate interest at any time with future effect, see Section A.VII. You can choose to erase cookies via your browser settings.
The legal basis for the use of the services (i.e. storing information on your device and/or accessing information stored on your device) in the Statistical Analysis, Marketing, and Additional Functions categories is Section 25 para. 1 sentence 1 of the German Telecommunications Telemedia Data Protection Act (TTDSG) in conjunction with Art. 6(1a) GDPR, subject to your consent. This information may include personal data as well as data that is not related to a specific person. If, after storing or accessing the information, personal data relating to you is processed in accordance with your choice of category, this processing is performed on the basis of Art. 6(1a) GDPR, subject to your consent. Revoking your consent does not affect the legality of storing information on your device and/or accessing information on your end device or the further processing of personal data in accordance with your choice of category that has been performed with your consent. Your consent is voluntary.
You can revoke your consent or make changes to your data protection settings via "Changing data privacy settings":
Your consent is valid for six months. After this time, we shall ask you to reconfirm your consent. We shall also ask you to reconfirm your consent by displaying the cookie banner if new services are added to this website or if services change such that renewed consent is required in order to be able to continue to implement the services (e.g. changes of purpose).
Please note that your individual browser settings can potentially prevent your settings (e.g. your consent) from being saved long-term and we shall ask you to reconfirm your consent each time you visit our website.
C. Particular data privacy information for the fulfilment of orders in the online shop
You are welcome to use our shop, even without a user account (cf. Part D.). To do so, you have the option of placing orders as a “Guest”. Irrespective of whether you wish to order products in our online shop as a guest or a registered user, the conclusion of a contract necessitates that you provide personal data, which CLAAS requires to process your order.
The legal basis for data processing for the fulfilment of your order is Art. 6(1) 1 b GDPR.
The data that are required for the order are marked with an asterisk (*) as compulsory data. You can also provide us with additional data:
• Personal identification data (e.g. title, first name, surname, street, house number, town/city, post code, country)
• Contact details (e.g. email address*, telephone number)
We use the data you provide to us voluntarily for the purpose of direct marketing. cf. Part H.
In addition to the data provided by you as part of your order, we process usage and traffic data concerning you (e.g. IP address, date and time of your request), as well as technical documentation and log file data. The purpose of this data processing is to assure the security of our IT systems and to log your order. The legal basis is Art. 6(1) 1 f GDPR. You have the right to object to the processing of data at any time, cf. Part A. VII.
Depending on the payment method you select, we transfer the data that is necessary for the fulfilment of your order to
• our principal bank
• the online payment services provider PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. Etage, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), Privacy Policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full/
• the payment services provider EVO Payments International GmbH, Elsa-Brändström-Straße 10-12, 50668 Cologne, Germany (“EVO”), Privacy Policy: https://www.evopayments.eu/datenschutz/
The data required for delivery or order processing are forwarded to logistics and shipping companies as well. The legal basis for transfer is Art. 6(1) 1 b GDPR, i.e. the legal basis for data transfer is Art. 6(1) 1 f GDPR. You have the right at any time to object to processing insofar as the legal basis for data processing is Art. 6(1) 1 f GDPR, cf. Part A. VII.
Kindly take note that PayPal reserves the right to check your credit rating. The credit check may involve probability values (score values), which are calculated on the basis of scientifically recognised mathematical-statistical methods; this calculation may also include address data, among other things. PayPal uses the data on the statistical probability of default to decide on whether to allow the payment method. Visit the PayPal website for its Privacy Policy and additional information on the credit check.
D. Particular data privacy information for the provision of special functionalities and services to registered users
I. Registrations
To access the CLAAS Collection Shop, which is accessible to registered users only, it is necessary to register with CLAAS ID or log in with an existing CLAAS ID user account. We ensure that, when you use your CLAAS ID user account, you can log in to all online services that use CLAAS ID with the same access data without having to go through the registration process again each time. The legal basis is Art. 6(1) 1 b GDPR. We forward your data to the operator of the CLAAS ID user account who is responsible for identity management. This is CLAAS KGaA mbH, Mühlenwinkel 1, 33428 Harsewinkel. The legal basis for usage of the CLAAS ID user account as identity management for the CLAAS Collection Shop is Art. 6(1) 1 f GDPR. Our legitimate interest lies in our economic interest in usage of the central identity management within the CLAAS Group. You can object to data processing which is based on our legitimate interest at any time with effect for the future, cf. Part A. VII.
For initial registration in the CLAAS Collection Shop, CLAAS Collection Shop accesses the following data of your CLAAS ID user account: personal identification data (e.g. name, first name) and contact data (e.g. email address, telephone number) as well as your electronic identification data (e.g. user name [your email address] and your password) and the country. Your email address and password are your future access data. However, your password cannot be retrieved by CLAAS and is stored in encrypted form on the server of your CLAAS ID user account. We process the country which is stored in your CLAAS ID user account, as we do not provide identical online services in every country. That way we ensure that we give you access to the website settings available for your country. The legal basis is Art. 6(1) 1 b GDPR.
II. Login
If you wish to log in to the CLAAS Collection Shop with your credentials, the CLAAS Collection Shop will transfer the log-in process to the operator of your CLAAS ID user account, who will then verify whether you are actually a registered user and transmit the result of the verification (via OAuth2 protocol) to CLAAS. After successful verification, you will have access to the CLAAS Collection Shop. If any data or consents or approvals are still missing for the online service, you may be asked to complete or supplement your details accordingly.
III. Resetting the password
You can use the function “Forgotten your password?” to reset your password. You will be asked to enter your email address. This is to ensure that you are the registered user and that you wish to reset your password. We process the following personal data concerning you when you wish to reset your password: Electronic identification data (email address, password), as well as technical log file and documentation data. The legal basis is Art. 6(1) 1 b GDPR insofar as you wish to reset your password. The legal basis is Art. 6(1) 1 f GDPR insofar as unauthorised users attempt to use the function. Our legitimate interests are to protect our online services, verify users and prevent access by third parties. You have the right to object to the processing of data at any time, cf. Part A. VII.
IV. Provision of functions and services to registered users
If you are registered with CLAAS Collection and have a user account, you have the option to save your personal data in your customer account so that you do not have to enter them again when you next place an order. The data are added automatically to the order form. You may edit your data at any time. You can also save your shopping cart in your customer account and access your current orders and order history. You can reset your password at any time as well. The legal basis is Art. 6(1) 1 b GDPR.
E. Particular data privacy information for catalogue shipping
Our website contains a form to register for annual automated mailing of CLAAS catalogues (“Clothing and Accessories”, “Models and Toys”). CLAAS processes the personal data you provide in the form in order to send you the catalogues.
The legal basis for data processing for the purpose of shipping catalogues is is Art. 6(1) 1 f GDPR. CLAAS has a legitimate interest in direct marketing. You have the right to object to the processing of data at any time without adherence to formal requirements, cf. Part A. VII.
The data that are required for shipping the catalogues are marked with an asterisk (*) as compulsory data. You can also provide us with additional data:
• Personal identification data (e.g. title*, first name*, surname*, street*, house number*, post code*, country*)
• Contact details (e.g. email address, telephone number)
• Communication content data
We use the data you provide to us voluntarily for the purpose of direct marketing, cf. Part H. of this data privacy information.
In addition to the data provided by you in the contact form, we process usage and traffic data concerning you (e.g. IP address, date and time of your request), as well as technical documentation and log file data. The purpose of this data processing is to assure the security of our IT systems and to log your enquiry. The legal basis is Art. 6(1) 1 f GDPR. You have the right to object to the processing of data at any time, cf. Part A. VII.
Your personal data will be stored to respond to your enquiry and erased as soon as you object to the data processing, cf. Part A. VII.
F. Particular data privacy information for the processing of (general) enquiries and complaints, as well as relevant communication (e.g. request for information, orders or support, callback requests).
You have the option of contacting CLAAS using the contact details or contact form provided on this website. We process your personal data in order to manage your request, send you our response or to track a complaint.
This is based on our legitimate interest pursuant to Art. 6(1) f GDPR in the management of concerns that you address to us, in the settlement and tracking complaints and in communicating with customers and interested parties. You have the right at any time to object to data processing, cf. Part A. VII. Where processing is necessary to take steps prior to entering into a contract, the legal basis is Art. 6(1) 1 b GDPR. We process the data you provide in connection with your contact request in order to respond to your enquiry or request:
• Personal identification data (e.g. title, first name, surname)
• Contact details (e.g. email address, telephone number)
• Communication content data
Where you use the contact form provided on this website to make contact with CLAAS, the data that are required so that we may contact you are marked with an asterisk (*) as compulsory data.
We also process usage and traffic data (e.g. IP address, date and time of your enquiry). The legal basis for this data processing is Article 6(1f) GDPR, based on our legitimate interest in ensuring the functionality of this website and the security of the IT systems.
We use the data for the purpose of direct marketing, in addition to the management of enquiries and complaints, cf. Part G. of this data privacy information.
Your personal data are stored for the purpose of responding to your enquiry and then erased, unless we are entitled or obliged by law, contract or your consent to store the data for a longer period. Refer to Part A. III. for more details.
CLAAS saves your data in order to best advise you. Your personal data shall be saved for the purposes of responding to your enquiry, and then erased, unless we are legally or contractually obliged to save the data for longer or we are permitted to do so on the basis of your consent. For more detailed information, see Section A.III. of this Data Privacy Statement. On the basis of your consent and/or another legally recognised form of permission, including but not limited to our legitimate interest in accordance with Article 6(1f) GDPR, your data can continue to be stored, e.g. for the purpose of customer loyalty or retention and in relation to the defence of legal claims. In the case of your data being processed to defend against legal claims in legal disputes, the storage period shall also be based on the legal limitation periods (e.g. in accordance with civil law and the German Product Liability Act). As regards storage of your data, our technical infrastructure is designed along the basic principles of necessity and purpose limitation. As such, the affiliates and trading partners are granted access to such data as is required for the performance of their tasks. For more detailed information, see Section A.IV.
G. Particular data privacy information for direct marketing (including customer satisfaction surveys, market and opinion research)
CLAAS would like to keep you abreast of the latest and most exciting promotions and new developments regarding CLASS merchandising products. To do so, CLAAS processes your contact details and personal identification data as well as information on your interests for the purposes of direct marketing. Direct marketing also includes customer satisfaction surveys, as well as market and opinion research.
The legal basis for processing of your personal data for the purpose of direct postal marketing is Art. 6(1) 1 f GDPR. This purpose also constitutes our legitimate interest in data processing. You have the right to object to the processing at any time. For further information on your right to object, refer to Part A. VII of the General Data Privacy Information.
In individual cases and only after careful consideration will CLAAS contact you for marketing purposes in relation to CLAAS merchandising products (e.g. offers for additional services, marketing correspondence about products and services, invitations to events such as product launches, market and opinion research, customer satisfaction surveys) via email or telephone/messenger, even when no consent for marketing has been given. The legal basis is Art. 6(1) 1 f GDPR. You can object to data processing based on legitimate interests at any time with effect for the future, cf. Part A.VII. Direct marketing based on legitimate interests is only permitted if the applicable legal requirements for this purpose are fulfilled and you have not objected to the processing of your data for the purpose of marketing correspondence and with knowledge of your right of objection on the basis of Art. 21 GDPR (cf. Part A. VII. of this data privacy information).
Moreover, we only process your data for marketing purposes if you have given your consent.
Should you withdraw your consent for marketing purposes and/or object to advertising, the data will no longer be processed for marketing purposes from that point onwards, but will remain stored with a blocked flag according to general principles. Part A. III. paragraphs 2 to 4 of the General Data Privacy Information apply analogously.