AUSTRO DIESEL GMBH WEBSITE AND WEBSHOP DATA PROTECTION STATEMENT
Version of: 15 May 2018
Austro Diesel GmbH, Concorde Business Park 3/2, 2320 Schwechat (“Austro Diesel” or “We”) respects your sphere of personal privacy. This data protection statement applies to the Austro Diesel Website and to the Austro Diesel webshop (collectively, “Austro Diesel Services”). It describes the types of personal data we collect in the context of Austro Diesel Services and the purposes for which we do so and the third parties with whom we share such data. Moreover, we furnish you with information about your rights in terms of your personal data and about the option as to how to reach us.
- Who is responsible for data processing and who can I refer to?
The responsible entity is:
Austro Diesel GmbH
Concorde Business Park 3/2, 2320 Schwechat
You can contact us at:
Concorde Business Park 3/2, 2320 Schwechat
+43 (0) 1 70 120-312
- What personal data do we use?
We understand personal data as any information relating to identified, respectively identifiable, natural persons:
- Personal data we collect within the context of enquiries or requests for prospect catalogues
We collect data about you within the context of enquiries or requests for product catalogues. For concrete data thus collected, see.
On principle, there is no obligation to actually provide such data as we request in our enquiry and product catalogue request masks. However, if you do not provide certain data (such as e-mail address, address, for instance) we will be unable to process your enquiry, respectively product catalogue request.
- Personal data we collect within the context of the webshop
- Log-in data (user name and password), as the case may be;
- Name (first and last names);
- Post code and place;
- Date of birth;
- company name;
- VAT ID number;
- Country of origin;
- Billing address (where the billing address is not the same as the mailing address);
- Payment information (VISA or Maestro, credit card number, name of card holder, CVC code, expiration date, IBAN, and BIC).
Please note that provision of such personal data as we collect within the context of the webshop is mandatory under the contract, respectively necessary for conclusion of the contract. Failure to provide such data would result in the contract not manifesting, respectively not being able to be performed.
- Data we collect in an automated manner
Through using automated means – meaning cookies and web beacons – we are able to collect data as indicated below. A “cookie” is a text file that is stored on your computer. A “web beacon”, also referred to as Internet tag, pixel tag or clear-gif, serves to return information to the web server.
On principle, cookies are used to offer users additional functionalities on the website. For instance, these may be used to ease navigation on our website or allow you to resume using a website exactly where you left it and/or save your preferences / settings when you access the website again.
We collect the following data in an automated manner:
- IP address;
- IP address of the mobile device;
- Date and time when a page on our website is called up;
- Unique identifier of the mobile device;
- Browser and browser version; and
- Operating system.
- Shortcut to social media accounts
Please note that we have a “social media share function”. This means that you can link our website to your social media account (e.g., Facebook), because you clicked on the Like-button on our website. In this event, your user data (i.e., name, IP address, login data, etc.) may be linked with public profile data. Therefore, please note also the data protection statement of such social media account as you have linked to your Austro Diesel user data, in order to learn more about the data protection practices of these companies.
- Features and Links to other websites
For practical reasons or for your information, our website may include features, for which we cooperate with other companies, and links to other websites. These features, which may include social networking and geographical tools, as well as links to other websites, may be operated independently of Austro Diesel. Separate data protection notices, respectively directives, may apply to these; therefore, we strongly advise that you verify these when you visit them. As far as such features and linked websites that you visit are not owned, respectively controlled, by Austro Diesel we are not responsible for the contents, usage or data protection practices of those sites.
- For what purpose and on what legal basis do we process your personal data?
We process your personal data in accordance with the provisions set forth in the EU General Data Protection Regulation (GDPR):
- Based on your consent (Art. 6(1)(a), GDPR)
If you are not one of our active customers, we use your personal data, as indicated in section 2.1, as well as your log-in data (i.e., user name and password) for the purpose of transmitting advertising mails about Austro Diesel products (e.g., tractors, combine harvesters, accessories) and Austro Diesel services (collectively, “Marketing Information“); to do so, we need your consent that you being the owner of the e-mail address agree to receive these.
You can revoke such consent at any time with future effect by sending an e-mail to firstname.lastname@example.org. The lawfulness of previous data processing based on your consent remains unaffected by such revocation of consent.
- For performance of contractual obligations (Art. 6(1)(b), GDPR) and execution of pre-contractual measures that are taken upon enquiry of the person concerned
We process your personal data, as indicated in sections 2.1 and 2.2, in order to perform the contract to which you are a party or to execute pre-contractual measures that were taken upon your enquiry. These are the cases where you send us a customer enquiry through our online enquiry form or where you order a product catalogue from us, respectively a product from our webshop. We then process your personal data to answer your question, respectively process your order.
- To comply with a legal obligation that Austro Diesel is subject to (Art. 6(1)(c), GDPR)
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.
- Within the context of weighing of interests (Art. 6(1)(f), GDPR)
As far as necessary, we process your personal data beyond actual performance of contract in order to preserve our legitimate interests as well as those of AGCO Corporation or those of our authorised dealers. We, respectively AGCO Corporation and our authorised dealers may have a legitimate interest to share personal data amongst ourselves for internal management purposes, including processing of personal data of customers.
We also have a legitimate interest in processing personal data for the following reasons:
- To make this website available to you and to further improve and develop this website;
- To be able to prepare usage statistics;
- To be able to spot, prevent and examine attacks on our website; and
- To assert legal claims and to defend [our rights] in legal disputes.
- Who obtains my data?
We employ processors who perform services on our behalf. These processors are authorised to utilise, respectively disclose, such data exclusively according to our instructions and as far as necessary in order to perform services for us, respectively comply with statutory requirements. We indenture these processors to warrant the confidentiality and safety of such data as they process on our behalf.
Further data recipients may be those companies for which you gave your consent to data sharing, or those whom we are authorised to share personal data with based on weighing of interests.
- Are data transmitted to third countries?
Transmission of data to companies located in countries outside of the European Union takes place as far as this is legitimised under data protection law due to legitimate interests and as far as this is not barred by paramount legitimate interests of the person concerned.
The data protection level prevailing on third countries might not be equivalent to that prevailing in your country. However, we transmit your personal data exclusively to countries for which the EU commission has ruled that these maintain an appropriate data protection level, or we implement measures to warrant that all recipients maintain an appropriate data protection level. To this end, we conclude standard contractual clauses for example. Copies of such standard contractual clauses as concluded with recipients located in third countries (2010/87/EC and/or 2004/915/EC) are available upon request at email@example.com.
In the following you can find potential recipients in third countries as well as the measures taken to warrant an appropriate data protection level:
|No.||Name of recipient||Land and address||Measure|
|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,
|Standard contractual clauses|
|3||ITN Group d.o.o.||Serbien, Autoput za Novi Sad 96, 11080 Beograd-Zemun||Standard contractual clauses|
|Serbien, Kneza Milosa 81
|Standard contractual clauses|
- 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.
- 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 firstname.lastname@example.org or click on the opt-out link in any of our newsletters.