Companies' Register: Guetersloh District Court, Companies' Register No. 7421 Executive Board: Peter Rudzio, Ulrich Timcke Turnover Tax No.: DE 814 758 566
Privacy policy Instagram
Last revised: 17/06/2020
In
this privacy policy, CLAAS Service and Parts GmbH, Mühlenwinkel 1,
33428 Harsewinkel (“CLAAS”) provides information on the processing of
your personal data on its Instagram profile.
A. General data protection information
I. Name and contact details of the controller
The controllers are:
CLAAS Service and Parts GmbH Mühlenwinkel 1, 33428 Harsewinkel Germany + 49 (0) 52 47-12 0 shop@claas.com
and
Meta Platforms Irland Ltd 4 Grand Canal Square Grand Canal Harbour Dublin 2 Ireland impressum@support.instagram.com (“Facebook”)
CLAAS
and Facebook are jointly responsible for the data processing on the
Instagram profile in line with Art. 26 GDPR. You can view the contract
on the joint responsibility, the “Page insights addendum concerning the
controllers”, at:
https://de-de.facebook.com/legal/terms/page_controller_addendum
Facebook
processes your personal data collected via the CLAAS Instagram profile
in the USA, among other locations. Facebook is certified in accordance
with the EU-US Privacy Shield. You can find more information at
www.privacyshield.gov.
Facebook provides a general description of the personal data that Facebook obtains about you and how these data are used: • Data policy • Cookie policy • Terms of use
Please
note that you are solely responsible for your use of our Instagram
profile and its functions. This particularly applies for the use of the
interactive functions (e.g. commenting, sharing).
II. Contact details of the data protection officer
You can contact the CLAAS Group Data Protection Officer at: CLAAS KGaA mbH Data Protection Officer Mühlenwinkel 1 33428 Harsewinkel Germany privacy@claas.com
The Facebook Data Protection Officer can be reached via a contact form.
III. Rights of data subjects
In line with Art. 15 GDPR, you have the right to access the data saved concerning you. If incorrect personal data has been processed, you have a right of rectification in line with Art. 16 GDPR. If the legal requirements are met, you can request the erasure or restriction of the processing as well as object to the data processing (Art. 17, 18 and 21 GDPR). According to Art. 20 GDPR, you may assert the right of data portability to the data that are automatically processed based on your consent or a contract with you.
Information about your right to object in line with Art. 21 GDPR
1.
You have the right to object, on grounds relating to your particular
situation, to the processing of your personal data which is based on
Article 6(1) sentence 1, lit. f GDPR at any time (data processing based
on a balancing of interests). This also applies for profiling based on
this provision as defined in Art. 4 no. 4 GDPR.
If you submit an
objection, CLAAS will no longer process your personal data unless CLAAS
can demonstrate compelling legitimate grounds for the processing which
override your interests, rights and freedoms, or the processing takes
place for the assertion, exercise or defence of legal claims.
2.
You are entitled to object to the processing of your personal data for
the purposes of direct advertising at any time; this also applies for
profiling, if this is connected with this kind of direct advertising.
If
you object to the processing for the purposes of direct advertising,
CLAAS will no longer process your data for these purposes.
You can submit an informal objection, which should be sent to: privacy@claas.com
Right to withdraw your consent in line with Art. 7(3) GDPR.
If
you have consented to the processing of your personal data, you have
the right to withdraw your consent at any time. The withdrawal of
consent does not affect the lawfulness of the processing based on your
consent before its withdrawal.
Withdrawal may take place
informally. You can use the contact details provided under Section A II.
If CLAAS provides other options to withdraw your consent (e.g. via an
unsubscribe link in every newsletter email), the relevant information is
provided in the Special Privacy Policy.
You
may assert your rights in relation to CLAAS as well as Facebook using
the contact details provided in Section A. II. If we are not able to
process your request because we have no influence on the data
processing, we will forward your concerns to Facebook.
The “Instagram settings” provide information on how you can access and erase the information collected by Facebook.
If you are of the opinion that the data processing is in violation of the data protection legislation, you have a right to lodge a complaint with a data protection supervisory authority of your choice. (Art. 77 GDPR).
You can naturally also submit a complaint to the CLAAS Data Protection Officer (privacy@claas.com) or the Facebook Data Protection Officer at any time.
B. Special data protection information Data processing via the Instagram profile
The
manner in which Facebook uses your personal data from your visit to the
Instagram profile for its own purposes, the extent to which activities
on our Instagram profile are assigned to individual users, how long
Facebook stores the data and whether data from visiting our Instagram
profile is transferred to third parties are described in Facebook’s data policy and cookie policy. We are not aware of any further information.
The
following provides an overview of the data processing operations that
are possible via our Instagram profile as well as the information that
is provided by Facebook.
I. Provision of our Instagram profile for the general public
At
the time that you visit our Instagram profile, your browser establishes
a connection to Instagram. This allows Facebook to collect information
about the device (e.g. device attributes, identifiers, cookies).
Facebook combines this information across the various devices used by
you. Facebook uses this information to personalise and improve the
products provided by Facebook across all the devices. CLAAS has no
influence on Facebook’s data processing operations in relation to our
Instagram profile.
If you are registered
with Instagram and log in to our Instagram profile during your visit,
Instagram automatically links the data collected via our profile with
your user account. If you do not wish for this to occur, you need to log
out before visiting our Instagram profile.
In
addition, after a visit during which you were logged in to Instagram,
you should erase the cookies on your device and exit and restart your
browser.
II. Interaction and communication between CLAAS and the users
Besides
the use of our Instagram profile for purely information purposes, you
can also access additional functions; for example, you can follow our
Instagram profile and comment on contents as well as write us a private
message.
Facebook records the contents,
correspondence and other information that you provide when you use
various functions on our profile (e.g. sharing our contents and
commenting on our contents). Metadata are also recorded (e.g. time at
which you commented on our contents). Information on how you use our
Instagram profile is also collected (e.g. about the nature of content
that you view and how you interact with us as well as the duration and
frequency of your activities). Facebook uses this information to
personalise and improve the products provided by Facebook across all the
devices. CLAAS has no influence on Facebook’s data processing
operations in relation to our Instagram profile.
CLAAS
processes your personal data to review and assert claims as well as to
defend against legal claims. The legal basis is Art. 6(1) sentence 1,
lit. f GDPR based on our legitimate interest in asserting our
rights/claims and for defence in legal disputes.
As
part of the interaction and communication between CLAAS and users, we
may transfer your data to third parties (e.g. service providers from the
categories of compliance and telecommunications, providers of analysis
tools, IT service providers, marketing agencies, service providers from
the areas of call centre services, customer management, lettershops,
marketing). We comply with the obligation to observe instructions, to
ensure data security and the confidential handling of your data through
data processing contracts. We may also use other service providers if
you submit a request to us, e.g. request product brochures.
1. Public interaction
CLAAS
can see if a user is following our Instagram profile, you leave
comments on our contents, you share our contents, you mark us on your
profile or you repost our articles, etc. This can be assigned to
individual users in your user account. The legal basis is Art. 6(1)
sentence 1, lit. f GDPR based on our legitimate interest in interacting
and communicating with you as well as the display of targeted
advertising.
We reserve the right to review
comments on our profile to prevent inappropriate contents from being
posted on our profile. This also shows the user account under which
certain comments were posted. A review may result in reporting a user to
Facebook, hiding or removing a comment. The legal basis is Art. 6(1)
sentence 1, lit. c GDPR and Art. 6(1) sentence 1, lit. f GDPR.
2. Private communication
As
a user, you have the option of contacting CLAAS with a direct message
or via email. We process personal identification data concerning you
(e.g. first name and surname), contact data (e.g. email address),
communication content data (e.g. messages sent/posted) as well as usage
and traffic data (e.g. IP address) to process your requests, send you a
response or to track a complaint.
This is
based on our legitimate interest in line with Art. 6(1) lit. f GDPR in
the processing of the requests you submit to us and to process and track
complaints as well as to communicate with (potential) customers. You
have the right to object to the processing, cf. Section A. III. If the
data processing takes place to establish a contractual relationship,
this processing is based on Art. 6(1) sentence 1, lit. b GDPR in
conjunction with Section 26(1) BDSG (Federal Data Protection Act).
Furthermore, we use the data for the purposes of direct advertising, cf. Section C. of this privacy notice.
In
certain cases, we may also transfer your data to third parties, e.g.
CLAAS sales partners, responsible for you or selected by you, or CLAAS
group companies, if this is necessary to track and implement your
requests.
CLAAS exclusively stores your
personal data as long as required to achieve the purpose of the
collection and processing. If necessary, CLAAS will store your data for
the duration of the business relationship. This particularly includes
the implementation and performance of the contract.
In
addition, CLAAS stores your personal data to the extent and as long as
this is necessary to fulfil contractual or legal obligations. For
instance, we process your data to fulfil documentation and retention
obligations under business and tax law. The storage and documentation
periods specified in this legislation amount to six years according to
the commercial requirements under Section 257 HGB (German Commercial
Code) and up to ten years based on the tax provisions under Section 147
AO (German Tax Code). The periods commence at the end of the calendar
year in which the document was drafted.
If the
data are no longer required to fulfil contractual or legal obligations,
they are regularly erased, unless you have authorised CLAAS to process
your data and/or further processing is necessary based on the legitimate
interests of CLAAS, e.g. to win back customers or to defend against
statutory claims in legal disputes. When processing data to defend
against statutory claims in legal disputes, the storage period is also
based on the statutory limitation periods. In accordance with Sections
195 et seqq. of the BGB (German Civil Code), these can amount to up to
30 years, while the regular limitation period is 3 years and starts to
run at the end of the year in which the claim arose. In this case, the
processing is restricted, i.e. to the minimum amount necessary, and
blocked for other purposes.
III. Statistics and reports on the use of the Instagram profile
CLAAS
receives statistical data on the users (e.g. age and gender) of our
Instagram profile from Facebook. We are not able to assign this to an
identifiable person. This statistical information lets us better adapt
our site to the needs and interests of the users of our Instagram
profile. The legal basis for the data processing is Art. 6(1) sentence
1, lit. f GDPR.
IV. Display of targeted advertising
Facebook
displays targeted advertising on Instagram on behalf of CLAAS. Posts
may be shown to the user irrespective of whether they do or do not
follow the CLAAS Instagram profile. CLAAS has no influence on the users
to which the posts are displayed. CLAAS merely provides target
group-specific criteria (e.g. interest in agriculture). CLAAS is also
not aware of the users to which the posts are shown, unless the user
reacts to the posts by commenting or the like (cf. Section B. II.). The
legal basis for this is Art. 6(1) sentence 1, lit. f GDPR.
C.
Special data protection information on direct advertising (including
customer satisfaction surveys, market and opinion research)
CLAAS
would like to inform you all about the latest and most exciting
promotions and new developments regarding CLASS merchandise products in
future. To do so, CLAAS processes your contact data and personal
identification data as well as information on your interests for the
purposes of direct advertising. Direct advertising also includes
advertising-related correspondence on merchandise products and services,
invitations to product launches, market and opinion research, and
customer satisfaction surveys.
The legal
basis for the processing of your personal data for the purpose of direct
advertising via post is Art. 6(1) sentence 1, lit. f GDPR. Covered by
this purpose is also the legitimate interest in data processing. You have the right to object to the processing at any time, cf. Section A. III.
In
individual cases and only after careful consideration will CLAAS
contact you for advertising purposes (e.g. offers for additional
services, advertising-related correspondence about products and
services, invitations to events such as product launches, market and
opinion research, customer satisfaction surveys) via email or via
telephone/messenger, even when no consent for marketing has been given.
The legal basis is Art. 6(1) sentence 1, lit. f GDPR. You can object to data processing based on legitimate interests at any time with effect for the future, cf. Section A.III. The
requirement for direct marketing based on legitimate interests is that
the applicable legal requirements for this purpose are fulfilled and you
have not objected to the processing of your data for the purpose of
advertising-related correspondence and with knowledge of your right of
objection on the basis of Art. 21 GDPR (cf. Section A. III.).
Advertising-related
communication generally takes place via service providers (for example,
marketing agencies, letter shops) who act as processors for CLAAS. In
certain cases, service providers process personal data in third
countries. In cases where no adequacy decision of the European
Commission exists regarding a level of privacy that appropriately 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 exists a suitable
level of privacy on the part of the recipient of the data (for example,
via self-certification of the recipient under the EU-US Privacy Shield)
or by agreeing on the Standard Contractual Clauses of the European
Union with the recipient. 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.
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.