AUSTRO DIESEL GMBH WEBSITE AND WEBSHOP DATA PROTECTION STATEMENT

Version from: 7 September 2022

Austro Diesel GmbH, Concorde Business Park 3/2, 2320 Schwechat, Austria (‘Austro Diesel’ or ‘We’) respects your privacy. This Privacy Policy applies to the Austro Diesel website and Austro Diesel Web Store (collectively: ‘Austro Diesel Services’). It describes the types of personal data that we collect in connection with Austro Diesel Services, the purposes for which we collect such personal data and the third parties with which we share such data. This Privacy Policy also informs you of the rights you have regarding your personal data and explains how you can contact us. 

 1. Who is responsible for data processing and who can I contact about data protection issues?

Responsible entity:
         Austro Diesel GmbH
         Concorde Business Park 3/2, 2320 Schwechat
         Austria

You can contact us at:
         Concorde Business Park 3/2, 2320 Schwechat, Austria
         +43 1 70 120-312
         privacy@austrodiesel.at

2. What types of personal data do we use?

For us, personal data is any information that relates to an identified or identifiable natural person:

2.1 Personal data that we collect within the framework of an inquiry you submit or when you order a brochure

We collect personal data from you when you submit an inquiry or order a brochure. You can view the specific types of data we collect here.

There is no obligation for you to actually provide the data that we ask you to provide when you use the inquiry or brochure-ordering sections of our website. However, if you do not provide certain types of data (e.g. your e-mail address), we will not be able to process any inquiries or brochure orders you submit.

2.2 Personal data that we collect when you visit the Web Store

  • Possibly but not necessarily: your login data (username and password)
  • Form of address (salutation)
  • Gender
  • Name (first and last name)
  • Address
  • Postal code and town/city
  • Date of birth
  • Company name
  • VAT no.
  • Country of origin
  • Billing address (if this is not identical to the delivery address)
  • Payment information (VISA or Maestro, credit card number, cardholder’s name, CVC number, expiration date, IBAN and BIC).

Please note that the provision of personal data that we collect when you visit the Web Store is contractually stipulated or necessary for the conclusion of a contract. Failure to provide this data would make it impossible to conclude a contract or for us to fulfil a contract.

2.3 Data that we automatically collect

We can collect data as shown below using automated instruments – i.e. cookies and web beacons. Cookies are text files that are stored on your computer. A web beacon, also known as an Internet tag, a pixel tag or a clear GIF, is used to send information to a web server.

Cookies are generally used in order to offer users additional website features.  Cookies can be used, for example, to make it easier for you to navigate our website, continue using it at the location where you left off before leaving the site and/or save your preferences/settings for use the next time you visit.

We automatically collect the following data:

  • Your IP address
  • The IP address of any mobile device used
  • The date and time you visited a page on our website
  • The unique identifier of any mobile device used
  • Your browser and browser version
  • Your operating system

There is no obligation for you to actually provide the data that we ask you to provide on our website. If you reject the collection of this data in your browser settings, you will not be able to use all the services offered by Austro Diesel. You’ll find further information on how to change your browser settings in our Cookie Policy.

3. Links to social media accounts

Please note that we utilise a ‘social media share function’. This means that you can link our website to your social media account (e.g. Facebook) if you click on the ‘Like’ button on our website. In this case, your user data (i.e. name, IP address, login data, etc.) can be linked to public profile data. Please therefore review the privacy policy of the social media accounts with which you have linked your Austro Diesel user data to learn more about the data protection policies in effect at those companies.

4. Features and links to other websites

For practical reasons or in order to provide you with information, our website may contain features for which we partner with other companies, as well as links to other websites. These features, which may also include social networking and geographic tools, as well as links to other websites, can be operated independently of Austro Diesel. They thus may be subject to their own privacy notices or policies, which is why we strongly recommend that you review these when you visit such sites. In those cases where these features, and the linked websites that you visit, are not owned or controlled by Austro Diesel, we are not responsible for the content of the sites, their use or their privacy policies.

5. For what purpose and on what legal basis do we process your personal data?

We process your personal data in accordance with the stipulations contained in the EU General Data Protection Regulation (GDPR):

5.1 Based on your consent (Art. 6 para. 1 (a) GDPR)

If you are not an active customer of Austro Diesel, we use the personal data described in Section 2.1, and any login data you may have provided (i.e. username and password), for the purpose of sending you advertising and promotional e-mails about Austro Diesel products (e.g. tractors, harvesters, accessories) and Austro Diesel Services (together: ‘marketing information’), and for this we need your consent that you, as the owner of the e-mail address, agree to receive such e-mails.

You may withdraw your consent with effect for the future at any time by sending an e-mail to privacy@austrodiesel.at or by clicking on the Unsubscribe link in any newsletter. The withdrawal of consent shall not affect the lawfulness of data processing based on consent before its withdrawal.

5.2 To fulfil contractual obligations (Art. 6 para. 1 (b) GDPR) or to take steps at the request of the data subject prior to entering into a contract

We process the personal data described in Sections 2.1 and 2.2 in order to meet our obligations for a contract to which you are a party, or to take steps necessitated by your inquiries prior to entering into a contract. This involves situations in which you send us an inquiry via our online inquiry form, or order a brochure and/or product from our Web Store. We then process your personal data in order to respond to your inquiry or process your order.

If you place an order in the Austro Diesel Web Store, we will store contractual data needed for invoicing purposes, whereby you can view this data at any time after logging into your customer account. If you do not have a customer account, the Austro Diesel Customer Service department can send such contractual data to you via e-mail.

5.3 In order to comply with a legal obligation to which Austro Diesel is subject (Art. 6 para. 1 (c) GDPR)

As a company, we are subject to various legal obligations, i.e. statutory requirements (e.g. the Bundesabgabenordnung – Austrian Federal Tax Code). As a result, we are required to process invoice data (e.g. customers’ names, invoice numbers, invoice amounts, etc.) and retain these data for at least seven years.

5.4 In order to reconcile interests (Art. 6 para. 1 (f) GDPR)

If necessary, we also process your data beyond the purpose of fulfilling contractual obligations in order to protect our legitimate interests or the legitimate interests of AGCO Corporation or our authorised dealers. We / AGCO Corporation or our authorised dealers may have a legitimate interest in sharing personal data between us for internal administration purposes, whereby this also includes the processing of the personal data of customers.

We also have a legitimate interest in processing personal data for the following reasons:

  • in order to make this website available to you and further improve and develop the website,
  • in order to generate website traffic statistics,
  • in order to identify, prevent or analyse attacks made against our website,
  • in order to exercise legal claims and defend ourselves in legal disputes.

6. Who receives my data?

We use external processors that perform services on our behalf. These processors may only use or disclose data in accordance with our instructions and only if such use or disclosure is necessary in order to provide services or comply with legal requirements. The processors are contractually bound by us to guarantee the confidentiality and security of the personal data they process on our behalf.

Other data recipients may be those companies that you have given us your consent to transfer data to, or which we are authorised to transfer personal data to on the basis of a reconciliation of interests.

7. Will data be transferred to a third country?

Data may be transferred to countries outside the European Union if this is necessary as defined by data protection law due to our legitimate interests and if the data subject has no overriding legitimate interests.

The level of protection of personal data in third countries may not always be equal to the level of data protection in your country. We will, however, either only transfer your personal data to third countries for which the European Commission has determined that adequate data protection exists, or else we will take measures to ensure that all processors that receive data have an adequate level of data protection. To this end, we include standard contractual clauses in our contracts with such processors, for example. Copies of the contractual clauses in agreements concluded with processors in third countries (2010/87/EC and/or 2004/915/EC) can be viewed by sending an e-mail to privacy@austrodiesel.at.

Below you will find a list of possible recipients/processors in third countries and the measures we have taken to ensure an adequate level of data protection:

No.

Name of the recipient

Country and address

Measure taken

1

AGRO CESLA d.o.o.

Serbia, Rumenački put br.5, 21201 Rumenka

Standard contractual clauses

2

Arma – Agro d.o.o.

Serbia, Pap Pavla 125, 21235 Temerin

Standard contractual clauses

3

ITN Group d.o.o.

Serbia, Autoput za Novi Sad 96, 11080 Beograd-Zemun

Standard contractual clauses

4

JUGOMETAL d.o.o.

Serbia, Kneza Milosa 81
35210 Svilajnac

Standard contractual clauses

5

INTERKOMERC

Njegoševa bb
76230 Šamac, BiH

Standard contractual clauses

6

GLOBAL MOTORS dooel

Bulevar Kosovsko-Makedonska brigada 60, 1000 Skopje

Standard contractual clauses

8. For how long will my personal data be stored?

We process and store your personal data according to the following principles:

  • Based on consent given: As soon as you revoke your consent with future effect, your personal data will be deleted, unless statutory storage obligations exist (these may arise for example from company law, tax law, the Federal Fiscal Code, etc.) or the personal data are necessary for preserving evidence within the context of the statute of limitations.
  • Based on a contract or on execution of pre-contractual measures that are taken due to the enquiry of the person concerned or based on legitimate interests: If you make an enquiry that fails to result in conclusion of a contract, then we will store your personal data only for as long as necessary in order to answer your enquiry. Once these data are no longer necessary for compliance with contractual obligations, or our legitimate interest has ceased to exist, these personal data will be deleted on a regular basis, unless further processing thereof – for a limited period – is required to comply with statutory storage obligations (these may arise for example from company law, tax law, the Federal Fiscal Code, etc.) or to preserve evidence within the context of the statute of limitations.
  • Based on a legal obligation that Austro Diesel is subject to: Being a company, we are subject to various legal obligations, namely statutory requirements (e.g., Federal Fiscal Code). To this end, we are obligated to process billing data (such as, for instance, customer name, invoice number, invoice amount, etc.) and preserve these for a minimum period of seven years.

9. What data protection rights do I have?

Every person concerned has the right to information pursuant to Article 15, GDPR; the right to correction pursuant to Article 16, GDPR; the right to cancellation pursuant to Article 17, GDPR; the right to restriction of processing pursuant to Article 18, GDPR; the right to object pursuant to Article 21, GDPR; and the right to data portability from Article 20, GDPR. Moreover, you have the right to lodge a complaint with a competent data protection supervisory authority (Article 77, DSGVO). The competent authority for Austria is the Data Protection Authority, Wickenburggasse 8, 1080 Vienna.

You can revoke vis-à-vis us consent previously given to processing of personal data at any time. The same also applies to revocation of declarations of consent made vis-à-vis us prior to the GDPR taking effect, namely prior to 25 May 2018. Please note that such revocation takes only future effect. Processing that took place prior to revocation remains unaffected.

You can make the cancellation directly at Austro Diesel by sending an e-mail to privacy@austrodiesel.at or click on the opt-out link in any of our newsletters.

10. Conditions governing the provision of advertising information and the newsletter

When you sign up to receive the Austro Diesel newsletter, you agree that Austro Diesel GmbH may process the personal data you provide (i.e. your first and last name, e-mail address, country, date of birth, farm size in hectares) for the purpose of sending you advertising and promotional e-mails about Austro Diesel products (e.g. tractors, harvesters, accessories etc.) and Austro Diesel Services (together: “marketing information”), and that Austro Diesel may send you this marketing information via e-mail. You may withdraw your consent to this at any time with effect for the future by sending an e-mail to privacy@austrodiesel.at, or by clicking on the Unsubscribe link in our e-mails. The withdrawal of consent shall not affect the lawfulness of data processing based on consent before its withdrawal. If you wish to change your data, you can use the data change link in the newsletter.

We process and store your personal data on the basis of your consent. As soon as you revoke your consent for the future, the personal data will be deleted, unless there are statutory retention obligations (these may arise, for example, from company law, tax law, federal tax code, etc.) or the personal data is necessary for the preservation of evidence within the framework of the statutory limitation regulations. We use the email marketing software mailworx for sending and analyzing our newsletters. mailworx tracks the open and click behavior, recording specific information including: delivery time, opening time, duration of opening, IP address of opening, email program used (Mail Client), which link was clicked, and the time of the click. These data are processed solely within the European Union and are not shared with third parties.