App Terms and Conditions

  • End User License Agreement
  • AGCO Privacy Statement - United States & Rest of World
  • AGCO Privacy Statement - European Economic Area
  • AGCO Machine Data Statement

End User License Agreement

Last Updated: February 6, 2019

This End User License Agreement (this "Agreement") is a legal agreement between (i) you (either an individual or a single legal entity), and (ii) Precision Planting LLC and its Affiliates ("we", "us" or "Precision"). By using the Precision Software, which can be products sold by Precision, you represent and warrant (a) that you are at least 18 years of age or the age of majority where you reside, (b) that you are acting for business purposes, and (c) that you have the power and authority to enter into this Agreement, and you agree to be bound by these terms and conditions, including Precision's Privacy Policy. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you can bind such entity, in which case "you" or "your" shall refer to such entity.

Scope of this Agreement

This Agreement sets out how you can and cannot use the Precision Software provided or licensed to you by us, and what we will and will not do in connection with your use, as well as other important legal restrictions and obligations.

Your Use of the Precision Software

What you can do:

  • As long as you comply with the terms of this Agreement, you and the individuals who work for you can use the Precision Software for your internal use only in connection with your farming operations.
  • The software in the Precision Software is licensed, not sold, to you.

What you agree to do:

  • ensure that those individuals working for you comply with this Agreement
  • keep your account information up to date
  • manage all passwords for your authorized users and immediately notify us if you believe that your account is no longer secure

What you cannot do:

  • assign, transfer or sublicense this Agreement or the rights granted by us in this Agreement
  • sell, lease, lend, license, distribute, re-distribute, copy, publicly perform or display, transmit or publish any software in the Precision Software
  • modify, edit, adapt, alter, translate, adopt, transfer, enhance, disassemble, scrape (through spidering, crawling or the like), reverse engineer or decompile the software in the Precision Software or any code, script, or software forming any part of the software in the Precision Software
  • use the Precision Software other than as permitted under this Agreement, including but not limited to using them to:
    • develop, evaluate, validate or enhance any competitive product or service
    • create derivative works
    • make competitive comparisons
    • harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of anyone or to publish material that is false, defamatory, harassing or obscene
  • remove or modify any markings or notices of our or our licensors' proprietary rights
  • violate or circumvent, or attempt to do so, any Precision Software security feature
  • use or otherwise import, export or re-export the Precision Software in any way that violates any applicable laws or security programs
    • In particular, but without limitation, Precision Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Precision Software, you represent and warrant that you are not located in any such country or on any such list.

Precision's Rights and Obligations

What we may do:

  • We may provide updates, upgrades, releases and fixes to the software in the Precision Software.
    • You must install or use the most recent version of the software for the Precision Software and abide by any additional requirements.
    • We will try to notify you of any changes we make to the software for Precision Software, though this may not always be possible.
    • We will not be responsible in any way for use of an outdated version of software for Precision Software.
    • An update may result in a change, or discontinuation, of features of the Precision Software.
  • We may use your feedback for any purpose without restriction.

Your information and Data:

  • By uploading, inputting, transmitting, storing, or otherwise making Data or Generated Data available to the Precision Software, you agree that we may use, display, perform, reproduce, modify and distribute such Data or Generated Data in connection with the Precision Software, and without any compensation paid to you.
    • We will collect, use and share your information in accordance with our Privacy Policy (as may be amended from time to time), which is incorporated by reference into, and made a part of, this Agreement.
    • We encourage you to read our Privacy Policy at http://www.agcocorp.com/privacy.html. We can also mail you a copy if you wish.
    • Notwithstanding the foregoing paragraphs that cover your Data or Generated Data in conjunction with your identity, if Precision removes your identity from the Data or Generated Data, you agree that Precision may use your Data or Generated Data for any purpose.
  • If you proactively choose to, you can give your Sales Representative and other third parties access to certain Data and Generated Data in your account.
    • You can provide or revoke such access at any time in your account settings or by sending an email to info@precisionplanting.com or a written Notice to us as set forth in the section entitled "Notice and Electronic Communications" below.
  • If any of your Data is generated or transmitted by or through any third party equipment, hardware or software products and you submit a product support request to us that relates to such third party equipment, hardware or software product, then we may share your Data with the provider of such equipment, hardware or software product solely as necessary to resolve that product support request, provided that such provider agrees not to use or disclose your Data other than to resolve that product support request.
    • If you do not want us to share your Data with the provider of any of your third party equipment, hardware or software products, please call Customer Support at 309-925-5050 or send an e-mail to info@precisionplanting.com or a written Notice to us as set forth in the section entitled "Notice and Electronic Communications" below. Please note that not allowing us to share your Data with the provider may make it more difficult for Precision or that provider to troubleshoot and resolve your issue effectively.
    • In particular, the third party that this provision covers is The Climate Corporation and its FieldView™ product.

General Data Protection Regulation (GDPR)

Precision is a subsidiary of AGCO Corporation ("AGCO"). Precision adopts and follows AGCO's Privacy Statement for the European Economic Area. AGCO's Privacy Statement is incorporated herein by reference, and the Privacy Statement can be reviewed (in English and languages other than English) by clicking the link to the Privacy Policy. For contact under this Privacy Statement, you may contact Precision directly as set forth in the section entitled "Notice and Electronic Communications" below, or you may contact Precision through the contact details as set forth in the Privacy Statement.

Digital Millennium Copyright Act:

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).

Ownership

As between Precision and you, we are the sole owner of the software in the Precision Software, and all associated technology and intellectual property rights, and we reserve all rights in and to the software in the Precision Software. We do not grant you any rights or licenses under any of our technology or intellectual property rights, except as expressly granted in this Agreement.

Other important legal information

Limitations on liability and damages for use of Precision Software:

  • Use of the Precision Software is at your sole risk.
  • We do not promise that your use of the Precision Software will be uninterrupted or that the Precision Software will meet your requirements, be accurate or be error-free.
  • The Precision Software is provided "as is" and "as available", with all faults and without warranty of any kind, either express, implied or statutory, such as the warranties of yield response, merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment or non-infringement of third party rights, all of which are expressly disclaimed.
    • No oral or written information or advice given by us or our authorized third party representatives will create a warranty.
    • The disclaimers and exclusions in this Agreement will apply notwithstanding any failure of essential purpose of any limited remedy.
    • Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
  • Precision and our Affiliates and each of our respective employees, officers, directors, shareholders, agents, successors, licensors or subcontractors, will not be liable for any loss or damage, including, without limitation, damages for loss of profits, loss of crops or yield, loss of data, business interruption or any other damages or losses, incurred as a result of your use or inability to use the Precision Software or a decision made or any action taken by you in reliance on the Precision Software.
  • Certain features of the Precision Software may permit you to upload or otherwise make Data available to the Precision Software. You are solely responsible for your Data and the consequences of uploading or otherwise making Data available to the Precision Software.
  • We have no responsibility, and will incur no liability whatsoever, arising from or related to Data not owned by you or any disclosure or use of your Data or Generated Data by a third party that you have granted access to your Precision Software.
  • We are not responsible for any delays, limitations, delivery failures, losses or damages resulting from the transfer and transmission of data over communications facilities, including the internet.
  • Neither you nor Precision will be liable for any indirect, incidental, punitive, special or consequential damages under this Agreement, arising out of or related to any Precision Software or for any claim by any third party.
  • Our maximum liability arising out of or in the connection with this Agreement or any Precision Software will be the actual amounts you paid to us for such Precision Software.
  • Unless otherwise prohibited by applicable law, if an action or lawsuit arising out of or related to this Agreement or a Precision Software is not commenced within one (1) year after the cause of action accrues, such cause of action is permanently barred.

Indemnity:

  • You agree to defend, hold harmless and indemnify Precision and our Affiliates and each of our respective employees, officers, directors, shareholders, agents, successors, licensors and subcontractors, from and against any claim, liability, damage, loss, or expense, including reasonable attorneys' fees, arising out of or connected with:
    • Your access to, or use of, the Precision Software
    • Your violation of any portion of this Agreement or any applicable law or regulation
    • Your violation of any third party right, including any intellectual property right
    • Any dispute or issue between you and any third party
  • We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Third party services:

  • You are solely responsible for all requirements for access to or use of the Precision Software through your mobile device, internet or telecommunications provider, or the terms related to the use of any required additional software.
  • The Precision Software may contain certain third party software provided under separate licenses or enable access to third party websites, services, content or materials.
    • The terms and conditions of the applicable license control use of any third party software, websites, services, content or materials.
    • You bear all risk, and will be solely responsible for obtaining any necessary rights and licenses, for any use of or access to any third party software, websites, services, content or materials.

Open Source:

  • Certain items of software included with the Precision Software are subject to "open source" or "free software" licenses ("Open Source Software"). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Precision makes such Open Source Software available by written request to Precision at the email or mailing address listed in the Notice and Electronic Communications section.

Effective date and termination:

  • This Agreement will become effective when you first indicate your acceptance of this Agreement or on the effective date set out on your applicable order, whichever is earlier.
  • Either you or Precision may terminate this Agreement if the other party materially breaches this Agreement and fails to remedy the breach within 30 days of notice of such breach.
  • We may terminate this Agreement with respect to any Precision Software if: (i) we no longer offer the Precision Software; (ii) your continued use of the Precision Software violates this Agreement or any applicable law or regulation; or (iii) we believe that your account has been accessed without your authorization.
  • If we or you terminate this Agreement with respect to any Precision Software:
    • your right to use or access such Precision Software will be terminated immediately, and you must immediately stop using the software.

Entire agreement:

  • This Agreement, together with the Privacy Policy, all orders for any Precision Software and all other related documents and schedules, constitutes the entire agreement between you and Precision pertaining to your use of the Precision Software and supersedes all other agreements previously existing between you and Precision regarding your use of the Precision Software.
  • The terms of an order for Precision Software will control over conflicting terms in this Agreement, but only with respect to the Precision Software in such order, and only if there are terms in the order that are directed to software. You and Precision may also enter into a separate signed contract governing your use of Precision Software. In that case, the order of precedence, with respect to Precision Software only, will be: (1) the signed contract, (2) the applicable order and (3) this Agreement.

Other terms:

The parties will perform under this Agreement as independent contractors. This Agreement does not create a joint venture, partnership, or formal business organization of any kind. This Agreement is binding upon, inures to the benefit of, and is enforceable by the parties and their respective heirs, executors, successors and assigns. The unenforceability of any provision will not affect any other provision in this Agreement, and any unenforceable provisions will be limited or eliminated to the minimum extent necessary. Failure to insist upon the performance of, or to exercise any rights under, this Agreement will not be construed as a waiver of any future performance or the future exercise of any such right. All rights and remedies under this Agreement are cumulative and in addition to any other rights and remedies available at law. Those provision(s) whose context indicates that it is intended to survive will survive termination or expiration of this Agreement.

Governing Law; Dispute Resolution and Arbitration

Governing Law:

This Agreement and all conduct, disputes and causes of action related to this Agreement will be governed by the laws of the State of Illinois, without reference to conflict of law principles.

The Uniform Computer Information Transactions Act and UN Convention on Contracts for the International Sale of Goods are explicitly disclaimed.

Dispute Resolution and Arbitration:

  • You and Precision agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration, subject to the exceptions below.

    • Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
    • This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PRECISION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    • Exceptions. Despite the provisions above, either party may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
    • Arbitrator. Any arbitration between you and Precision will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Precision.
    • Notice; Process. A party who intends to seek arbitration must first send a written Notice of the dispute to the other party as set forth in the section entitled "Notice and Electronic Communications" below. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will use good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Precision may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Precision must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Precision will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Precision in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.
    • Fees. If you commence arbitration in accordance with this Agreement, Precision will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules. Any arbitral hearing will be conducted in the county (or parish) of your billing address. If the arbitrator finds that either the substance of a claim or the relief sought by either party is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and you agree to reimburse Precision for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rules and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
    • No Class Actions. YOU AND PRECISION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Further, unless both you and Precision agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative class or proceeding.
    • Modifications. If Precision makes any future changes to this arbitration provision (other than a change to Precision's address for Notice), you may reject the change by sending us written notice within 30 days of the change, in which case your access to the Precision Software will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you reject, will survive.
    • Enforceability. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding agreement to arbitrate. If the subsection entitled "No Class Actions" above is found to be unenforceable, then the entirety of this section entitled "Dispute Resolution and Arbitration" will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described separately in this Agreement will govern any action arising out of or related to this Agreement. Except for the subsection entitled "No Class Actions" above, if any provision of this section entitled "Dispute Resolution and Arbitration" shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

  • IF A LAWSUIT OR COURT PROCEEDING IS PERMITTED UNDER THIS AGREEMENT, THEN YOU AND PRECISION AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED WITHIN TAZEWELL COUNTY, ILLINOIS FOR THE PURPOSE OF LITIGATING THE DISPUTE.

Force Majeure

Except for payment obligations, neither you nor Precision will be in breach of this Agreement or responsible for damages caused by delay or failure to perform any of its obligations under this Agreement due to circumstances beyond the control of the claiming party.

Updates to this Agreement

We may change this Agreement at any time, and we will try to let you know as soon as possible when we have made any changes, such as by sending an e-mail to you, or other similar mechanism. You can view the most current version of this Agreement at: https://cloud.precisionplanting.com/account/EULA. The "Last Updated" legend at the top of this page indicates when this Agreement was last revised. Any changes to this Agreement will become effective upon the earlier of: (a) your first use of the Precision Software with actual notice of such changes, or (b) 30 days after we post or distribute the revised Agreement, and such changes will apply to your use of the Precision Software after the effective date of the revised Agreement. If you do not wish to accept the new Agreement, you must stop using the Precision Software.

Additional Requirements for Apple App

If you are using the Precision Software through mobile application software on an Apple Inc. ("Apple") device, including any iPhone, iPod touch or iPad devices ("Apple App"), you further acknowledge and agree to the following: (i) this Agreement is between you and Precision only, not with Apple, and Apple is not responsible for the Apple App or Precision Software; (ii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App; (iii) you may use the Apple App on any Apple device you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service; (iv) in the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the Apple App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apple App; (v) Precision (and not Apple) is responsible for addressing any claims by you or any third party relating to the Apple App or your possession and/or use of the Apple App, including: (1) product liability claims; (2) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation; (vi) in the event of a third party claim that the Apple App and/or your possession and use of the Apple App infringes that third party's intellectual property rights, Precision (and not Apple) is responsible for the investigation, defense, settlement and discharge of any such claim to the extent any such obligation exists; (vi) Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement solely with respect to this paragraph; (vii) you represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Notice and Electronic Communications

Notice to us must be sent to:

Precision Planting LLC
Attn: Legal Department
23207 Townline Road
Tremont, IL 61568
info@precisionplanting.com

Any applicable notice, disclosure, authorization, acknowledgement or other document required to be given or made available ("Notice") will be in writing and delivered by mail or e-mail (where permitted). The receiving party will be deemed to have received such Notice upon delivery or transmission or, in the case of mail, 48 hours after mailing.

  • By using Precision Software, you expressly consent and agree that we may send you all Notices electronically to your primary e-mail address provided in your account.
  • Any Notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  • At any time, you may: (1) request a paper copy of any Notice provided or made available electronically to you by us, free of charge, and/or (2) withdraw your consent to receive future Notices electronically. Please send an e-mail to info@precisionplanting.com with such request(s) and provide your mailing address for the Notices.
  • It is your responsibility to keep your primary e-mail address up to date so that we can communicate with you electronically.
    • If we send a Notice to your primary e-mail address on file and your primary e-mail address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, we will be deemed to have provided the Notice to you.
    • You may need to add us to your contacts or e-mail address book so that you will be able to receive the Notices we send to you.
    • If electronic Notices sent to you by us are returned because of an invalid e-mail address, we may deem your account to be inactive, and you will not be able to transact any activity using your account until we receive a valid, working e-mail address from you.
  • If you want to change your e-mail address where we should send electronic Notices, you can:
    • send an e-mail message to us at info@precisionplanting.com, and in the body of such request, state your previous e-mail address and your new e-mail address; or
    • update your primary e-mail address at any time in your account.

Electronic Contracting

Your use of the Precision Software and internet sites for ordering such Precision Software includes the capacity and ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO YOUR PRECISION SOFTWARE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS, SUBJECT TO YOUR RIGHT TO WITHDRAW CONSENT TO RECEIVE NOTICES ELECTRONICALLY AS PROVIDED IN THIS AGREEMENT. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Definitions

  • "Affiliate" means any subsidiary or other entity that directly or indirectly is controlled by, or is under common control of, an entity or any parent company or other entity that directly or indirectly controls an entity.
  • "Precision Software" means software contained in any Precision product that contains software including, but not limited to, any of the following products: (i) 20/20 SeedSense™ monitor, vDrive™ module, vApply? module, vApplyHD™ flow controller, RowFlow™ module, Single Row Module (SRM), SpeedTube™ and any product sold by Precision that contains software and (ii) all related documentation, updates, upgrades, releases and fixes.
  • "Data" means the location, field map or boundary, weather, climate, agronomic, crop loss, crop yield, environmental, farming practice, Equipment Data, account information and other information and data that is uploaded, inputted, transmitted or stored to or in your Precision Software, directly by you or your Sales Representative or through your equipment.
  • "Equipment Data" means IP address, serial number(s) of the equipment, configuration of your equipment, any data generated by, collected by, stored in, or sent from/to your equipment or any hardware or device interfacing with your equipment.
  • "Generated Data" means data, features, functionality, tools, analyses, results, estimates, recommendations and other information generated, published, displayed, transmitted or made available in or by the Precision Software, whether or not related to Data.
  • "Precision's Privacy Policy" means the privacy policy of its parent company, AGCO Corporation, found at http://www.agcocorp.com/privacy.html.
  • "Sales Representative" means your dealer that sold your Precision Software to you.

AGCO Privacy Statement - United States & Rest of World

AGCO Corporation and its subsidiaries and affiliates ("AGCO") maintain this website for the purposes of information, education, marketing, and communication. The purpose of this Privacy Notice is to set out how we collect and use personal information that we may obtain from you through this website. This Privacy Notice is effective as of December 18, 2014. By using this website, you consent to the terms of this Privacy Notice and to the collection and use of information by AGCO through this website as set forth herein.

What personal information is collected?

In order to express your interest in or request information about AGCO's products and services, you may be asked to provide certain information such as your name, profession, business or employer, e-mail address, postal address, and telephone number, along with a description of your interest or request for information. This website also uses cookies and/or remarketing tags to collect information that may include your computer, IP address, location, browsing history, browser configuration, preferences, and settings. Our use of cookies and remarketing tags is discussed further in a section below.

How is the information collected and used?

We collect the information described herein in a variety of ways, including from web forms, and technologies like cookies and web logging. The information we collect may be sent to AGCO through email and/or stored in a database or other means of electronic data storage. The information is used to administer our website services and for market and customer analysis and to review, develop and improve our services. In this regard, such information may be used to communicate with you and for marketing and promotional purposes and for notifying you about products and services.

How will the information be disclosed or shared?

We will not sell, trade, or rent your personal information to others without your consent. We may, however, share or disclose your information to the following who may use it in accordance with the terms of this Privacy Notice:

  • employees and agents of AGCO;
  • agents who profile your data for our marketing purposes;
  • anyone as a result of a duty or legal obligation;
  • AGCO dealers, distributors, or business partners; and
  • AGCO affiliates and vendors.

We also will share or disclosure your personal information when required by law or to respond to legal process, to protect our customers, to protect lives, to maintain the security of our services, and to protect the rights or property of AGCO.

What about "cookies" and "remarketing tags"?

When you use or visit this website, we will place one or more cookies on your computer or device. These cookies are small data files that transmit information back to our server to provide information about you, such as your computer or device, IP address, location, browsing history, browser configuration, preferences, and settings. We use this information to help operate our website, collect information about our website users' online activity, and compile analytics. You can use your browser settings to remove or block cookies on your device.

We also use remarketing tags on this website to reach people who we know have previously visited our website. Specifically, the Google AdWords remarketing tag on our website installs cookies on users' computers so Google can follow these users, generally for up to 30 days after the visit. Based on past visits, this allows Google to serve these users interest-based ads the next time they either search on Google.com, with any of their Search Partners, or visit another site in the Google Display Network. Users can opt-out of this use of cookies by visiting Google's Ads Settings.

For a further listing of the specific cookies and remarketing tags used on this website, please click here.

Children

We do not knowingly collect information from children. We ask parents or legal guardians to assist us by supervising the activities of children at this site and not allowing them to submit any information through this website. This website is intended for use by adults only.

Terms of use

Use of this website, and all products and services are supplied, subject to the Terms of Use contained on this website.

Privacy Shield Policy

For AGCO's Privacy Shield policy, please click here.

AGCO Privacy Statement - European Economic Area

This Privacy Statement (the "Statement") is provided by AGCO Corporation and its subsidiaries and affiliates (see Contact Details http://www.agcocorp.com/contact/facilities-list.html) (together "AGCO", "we" or "us"). Capitalised terms not defined in the body of this Statement are defined in the Glossary at the end of this Statement.

Scope of this Statement

This Statement governs the manner in which AGCO collects and further Processes Personal Data about individuals who use AGCO's products or services ("you"). We encourage you to read this Statement carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Statement. Please note that this Statement does not apply to the Processing by AGCO of the Personal Data of AGCO employees, secondees, temporary workers or other staff in connection with the roles they perform for AGCO. A separate privacy policy governing such Processing is available on the AGCO Intranet (InsideAGCO). AGCO has a separate Statement governing the processing of Machine Data https://www.fusesmartfarming.com/agco-machine-data-statement/. Should there be any discrepancy between the terms of this Privacy Statement and Machine Data Statement respective to processing of Personal Data then the terms of this Privacy Statement shall control respective to conflicting terms with respect to Personal Data only.

AGCO may collect Personal Data from you

AGCO may collect Personal Data from you in the following circumstances:

  • AGCO may collect or obtain Personal Data when you visit any AGCO website (each a "Site") or use any features or resources available on or through a Site. When you visit a Site, your device and browser will automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site and other technical communications information) some or all of which may constitute Personal Data.
  • AGCO may collect or obtain the following Personal Data when you download or use an AGCO mobile app (each an "App"). AGCO Apps may record certain information (including App usage statistics, device type, operating system, App settings, IP address, language settings, dates and times of connecting to the App, location data, and other technical communications information) some or all of which may constitute Personal Data. An App may have its own Privacy Statement, which includes more specific information and you should review before using the relevant App.
  • AGCO may collect or obtain Personal Data when you register to use any service provided by AGCO via a Site or an App, or log into a Site or an App, including the following: registration details, login name, email address, password, security question and, if applicable, payment details.
  • AGCO may collect or obtain Personal Data when you use any AGCO telemetry devices or data recording devices (each a "Device") including the following: (i) if you purchase a vehicle that is equipped with a Device, AGCO may collect Machine Data about the vehicle; and (ii) if you have enabled location-based functions, AGCO may collect location data. Furthermore AGCO may collect Machine Data when performing inspection, warranty or other services.
  • AGCO may collect or obtain Personal Data when you provide Personal Data to a AGCO authorized distributor or reseller ("Dealer") (whether in person, by mail, by phone, online, via electronic communication or by any other means).
  • AGCO may collect or obtain Personal Data when you contact AGCO (whether in person, by mail, by phone, online, via electronic communication or by any other means).
  • AGCO may collect or obtain Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).

AGCO may receive Personal Data about you from others

AGCO may receive Personal Data about you from third parties. For example:

  • AGCO may receive Personal Data about you from Dealers, as outlined above.
  • If you interact with third party content or advertising on a Site or in an App, AGCO may receive Personal Data about you from the relevant third party, in accordance with that third party's applicable privacy Statement.
  • If you choose to make payment directly to AGCO, or through a Site or an App, or through a Dealer, AGCO may receive Personal Data about you from third parties such as payment services providers, for the purposes of that payment, including the following: purchase details, payment data, credit card data.
  • To the extent that any credit reference checks are carried out by AGCO or on its behalf, in connection with an application for credit, in accordance with Applicable Laws, AGCO and/or the relevant Dealer may receive Personal Data about you from credit reference agencies and other third parties, for the purposes of that credit check, including the following: confirmation of whether the reference agency was able to verify your details; and the results of the reference check including your credit rating.
  • In complying with its obligations under Applicable Laws, AGCO may receive Personal Data about you from law enforcement agencies and public authorities.
  • AGCO may receive Personal Data about you from public sources (such as telephone directories, land ownership records, lien records, etc.).
  • If you interact with any third party content or advertising on a Site or in an App (including third party plugins and cookies), AGCO receives Personal Data about you from the relevant third party provider of that content or advertising.

Personal Data you provide about others

In some circumstances, you may provide AGCO with Personal Data about others. For example, you might mention another AGCO customer when commenting on an ACGO product. Whenever you provide any such Personal Data, you must ensure that this does not violate those third parties' rights. If you are unsure whether the third party agrees with you providing its Personal Data, please refrain from communicating such Personal Data to AGCO.

Categories of Personal Data Processed by, or on behalf of, AGCO

The categories of Personal Data that may be Processed by, or on behalf of, AGCO under this Statement (to the extent permitted by Data Protection Laws) include:

  • personal details: name; gender; photograph; date of birth; profession; business or employer; sector;
  • contact details: email address; postal address; telephone number; fax number; customer ID;
  • data relating to Sites or Apps: technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App usage statistics, App settings, dates and times of connecting to the App, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data; aggregate statistical information;
  • Machine Data: farm management data, land data, agronomic data, vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location;
  • commercial details: financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests; and
  • marketing data: advertising interests; cookie data; clickstream data; browsing history; responses to direct marketing; and opt-outs from direct marketing.

Lawful basis for Processing Personal Data: In Processing your Personal Data in connection with the purposes set out in this Statement, AGCO may, depending on the circumstances, rely on any of the following legal bases:

  • we have obtained your prior express consent to the Processing;
  • we have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests;
  • the Processing is necessary in connection with a contract entered into with you, or for your benefit;
  • the Processing is required by Applicable Laws;
  • the Processing is necessary to protect the vital interests of any individual; or
  • any other lawful basis available under Applicable Laws.

Processing your Sensitive Personal Data: AGCO does not seek to collect or otherwise Process your Sensitive Personal Data, except where:

  • the Processing is required or permitted by Applicable Laws;
  • the Processing is necessary is in order to establish, exercise or defend legal claims;
  • AGCO has obtained your prior explicit consent before Processing your Sensitive Personal Data; or
  • any other lawful basis for Processing Sensitive Personal Data.

Purposes for which AGCO may Process your Personal Data

AGCO may Process your Personal Data for the following purposes in particular, to the extent permitted by Data Protection Laws:

  • to display the content of a Site, an App or a Device, and any customisations you may select;
  • to monitor, adapt, update, secure and improve our products and services to you;
  • to verify your identity and ensure the security of your Personal Data;
  • to respond to your service requests and support needs;
  • to understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle);
  • to administer content, promotions, surveys or other features of a Site, an App, or a Device;
  • to send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing;
  • to send you communications regarding administration of your accounts and the features of a Site, an App, or a Device;
  • to notify you about changes to a Site, an App, or a Device;
  • to perform data analyses and other Processing (including trend analysis and financial analysis);
  • to give effect to your legal rights and your rights under this Statement;
  • to protect against fraud, identity theft, and other unlawful activity;
  • to establish or exercise AGCO's legal rights or defend legal claims;
  • to establish, exercise or defend legal claims; and
  • to comply with Applicable Laws and our other applicable policies.

International transfers of Personal Data

We may make use of Processing facilities controlled or operated by members of our corporate group, or our third party service providers, located in jurisdictions other than the jurisdiction in which your Personal Data were originally collected. In particular, the content and features of a Site, an App or a Device may be provided by means of servers located outside your jurisdiction (including, but not limited to, servers located in the United States). Your Personal Data may be transferred to, and Processed using, those servers or other Processing facilities, as part of the operation of a Site, an App or a Device, or in connection with any of the Processing purposes set out in this Statement, subject always to compliance with the provisions of Applicable Laws (e.g., by implementing EU Standard Contractual Clauses, where appropriate). These transfers are necessary in order to provide our products and services to you in an efficient and effective manner. By providing Personal Data to AGCO under this Privacy Statement, you acknowledge that your Personal Data may be transferred to locations outside your jurisdiction. If you do not wish for your Personal Data to be transferred to other jurisdictions, please do not provide your Personal Data to AGCO, nor use any Sites, Apps or Devices.

Where we transfer your Personal Data to other countries, we do so on the basis of Standard Contractual Clauses and, in the case of transfers to the US, our Privacy Shield certification (see below). You may request a copy of our Standard Contractual Clauses and details of our Privacy Shield Certification using the contact details provided below.

Protection of your Personal Data

AGCO is committed to Processing your Personal Data securely. We adopt appropriate data Processing practices, and appropriate technical and organisational security measures, to protect against unauthorised access, alteration, disclosure or destruction of Personal Data. The Internet is not, in itself, a secure environment and we cannot provide an absolute assurance that your Personal Data transferred using the Internet will be secure at all times. Transmission of Personal Data over the Internet is at your own risk and you should only use secure systems to access Sites, Apps or Devices.

You are responsible for keeping your access credentials for each Site, App and Device safe and confidential. You should frequently change your access credentials and you must notify AGCO promptly if you become aware of any misuse of your access credentials, and immediately change your access credentials.

Disclosure of your Personal Data

We will not sell, trade, or rent your Personal Data to others without your consent. We may, however, share or disclose your Personal Data to third parties in the following circumstances:

  • We may disclose your Personal Data to employees and agents of AGCO, to the extent necessary to provide the services.
  • We may share your Personal Data with recipients within AGCO, for the purposes of operating our business, operating Sites, Apps or Devices, providing you with products or services you have selected, or otherwise for the purposes set out in this Statement.
  • We may share your Personal Data with recipients outside AGCO, including Dealers, for the purposes of operating our business, operating Sites, Apps or Devices, providing you with products or services you have selected, or otherwise for the purposes set out in this Statement.
  • We may use third party service providers to help us operate our business, operate Sites, Apps or Devices, provide you with products or services you have selected, or to administer activities on our behalf, such as sending out newsletters or surveys. We may share your Personal Data with such third parties for the purposes set out in this Statement.
  • We may share aggregate demographic information with our business partners, trusted affiliates and advertisers for the purposes outlined in this Statement. While we make all reasonable efforts to ensure that such information is anonymized, it is possible that your Personal Data may be disclosed.
  • Subject to obtaining your consent, we may share your Personal Data with our third party marketing partners, for direct marketing purposes. You may withdraw your consent at any time, or object at any time to the Processing of your Personal Data for direct marketing purposes.
  • If you make a payment via a Site or an App, or directly to AGCO or a Dealer, your Personal Data may need to be provided to third parties (e.g., payment services providers) for the purposes of facilitating those payments.
  • If we sell, merge or transfer all or a portion of our business or assets (including in the event of
  • a reorganization, dissolution, liquidation or other restructuring), we may disclose your Personal Data to the prospective seller or buyer, or their representatives, provided that we have first taken reasonable steps to ensure the security and confidentiality of your Personal Data.

We also may disclose your Personal Data: (i) to the extent necessary to establish, exercise or defend legal claims; (ii) if required by Applicable Laws or regulations; (iii) in response to requests from government agencies and law enforcement authorities; (iv) when disclosure is necessary or appropriate to prevent physical harm or material financial loss; or (v) for the purposes of investigating unlawful activity.

Third party services

You may encounter advertising or other content on any Site, App or Device that may link to websites or services of AGCO's partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these third party websites or services, and we are not responsible for the practices employed by third party websites or services linked to or from any Site, App or Device. These websites and services may be subject to their own privacy policies and terms of use.

Direct Marketing

As set out in this Statement, we, may contact you via email, text message, or other electronic means, from time to time, to provide you with information relating to products or services that may be of interest to you. If you wish to unsubscribe from these communications, we include detailed unsubscribe instructions in each such communication. Alternatively, you may use the unsubscribe features provided through our Sites and Apps.

Please note that, in the event that you unsubscribe from receiving communications relating to marketing or advertising, we may nevertheless continue to contact you for the purposes of carrying out your instructions, enabling you to make any purchases you request, administration of your account, or as required or permitted by Applicable Laws.

Cookies

A cookie is a small file that is placed on your device when you visit a website. It records information about your device, your browser and, in some cases, your preferences and browsing habits. We may Process your Personal Data through cookie technology, in accordance with our Cookie Policy.

Data retention

We will only retain your Personal Data for as long as we require those Personal Data in connection with the purposes set out in this Privacy Policy. We may also be required to retain your Personal Data for additional periods of time, for example, where required to do so by Applicable Laws.

AGCO offers data subjects the opportunity to define, during their lifetime, the instructions that should be followed after their death with regard to their personal data. Should the data subject pass away without leaving clear instructions about how to manage their personal data, we can also work with immediate family members and representatives to remove personal data of a deceased person where appropriate. In certain circumstances we may provide beneficiaries of deceased data subjects with reasonable information on the data held about the deceased data subject by AGCO. We shall not provide passwords or other login details. Any decision to respond to a request regarding a deceased data subject will need to be balanced against the obligation to keep information secure, safe, and private.

Personal Data of children

We do not knowingly collect or further Process Personal Data of children under 16 years of age. We ask parents or legal guardians to assist us by supervising the activities of children in relation to our Sites, Apps and Devices, and by not allowing them to submit any Personal Data through and Site, App or Device.

Terms of use

Use of our Sites, Apps and Devices, and our products and services, are subject to applicable Terms of Use.

Privacy Shield Policy

AGCO is certified to the US-EU Privacy Shield, for transfers of personal data to the US. For AGCO's Privacy Shield policy, please click here.

Your rights

It is your responsibility to ensure that your Personal Data held by AGCO is complete, accurate and up-to-date. Subject to Applicable Laws, you may have the following rights:

  • the right to request access to, or copies of, your Personal Data that we Process;
  • the right to request correction of any inaccuracies in your Personal Data;
  • the right to object, on legitimate grounds, to the Processing of your Personal Data;
  • the right to request, on legitimate grounds:
    • erasure of your Personal Data that we Process; and
    • restriction of Processing of your Personal Data that we Process;
  • the right to have your Personal Data transferred to another Controller, to the extent applicable;
  • where we Process your Personal Data on the basis of your consent, the right to withdraw that consent; and
  • the right to lodge complaints regarding the Processing of your Personal Data with a Data Protection Authority.
  • This does not affect your statutory rights. You may exercise any of these rights by using the contact details provided below.

Contact details

If you have any questions about this Privacy Policy, our Processing of your Personal Data, or your dealings with a Site, an App or a Device, please contact us at:

AGCO Corporation
FAO General Counsel & Corporate Secretary
4205 River Green Pkwy
Duluth, GA 30096
United States
DataPrivacy@AGCOcorp.com

If you contact us, we will endeavour to investigate and attempt to resolve each query or complaint within one month, or such other period as may be required under Applicable Laws.

Acceptance of this Policy

By using any Site, App or Device, you are deemed to have accepted this Policy. If you do not accept the terms set out in this Policy, you must not use any Sites, Apps or Devices.

Amendments to this Policy

AGCO may amend, revise or update this Privacy Policy at any time, without providing you with any specific notice. You are encouraged to frequently check this Policy for any changes, and to stay informed about how we are helping to protect your Personal Data. Your continued use of any Site, App or Device is deemed to be acceptance of any amendments to this Policy.

Last updated: 1.2.2019

Glossary

In this Policy, capitalised terms have the following meanings:

  • Applicable Laws means all laws, statutes or regulations applicable to the respective AGCO affiliate(s).
  • Data Protection Authority means an independent public authority that is legally tasked with overseeing compliance with Data Protection Laws.
  • Data Protection Laws means all Applicable Laws relating to the Processing of Personal Data.
  • Machine Data means any data that has been generated and/or collected from your machinery generated by, collected by, or stored in machinery or any hardware or device interfacing with the machinery whether by means of telemetry or otherwise. Machine Data may include elements of Personal Data.
  • Personal Data means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity.
  • Process or Processing means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, including but not limited to: collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
  • Sensitive Personal Data means any Personal Data relating to race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, or sexual life, any actual or alleged criminal offences or penalties to this list, or national identity numbers.

AGCO Machine Data Statement

Types of Data AGCO Collects

AGCO Corporation and its affiliates (collectively "AGCO") collect "Machine Data". Machine Data is any data generated by, collected by, stored in, or sent from/to your equipment or any hardware or device interfacing with your equipment (collectively "Equipment"). Machine Data may include data used for a variety of different purposes including, but not limited to, agronomic decision making, machine health and performance monitoring, and logistics coordination. Examples of Machine Data include location, engine RPM, average fuel consumption, instantaneous yield, target population, as-applied rate, and fault codes. Machine Data may qualify as Personal Data as defined in our Privacy Statement if we associate it with an identified or identifiable natural person. If Machine Data qualifies as Personal Data under the applicable AGCO Privacy Policy, then AGCO shall follow both this Statement and the applicable Privacy Statement to the extent possible. Should there be any conflict between the terms of this Machine Data Statement and the applicable Privacy Statement respective to processing of Personal Data then the terms of the applicable Privacy Statement shall prevail.

How AGCO Collects Machine Data

Equipment with a telematics or other data recording systems such as a task controller periodically record data from the Equipment's various electronic networks and sensors and transfer the data over a communications networks, such as a cellular connection to an AGCO back office system. Dealers or other service providers may also use an electronic diagnostic tool to directly connect to Equipment and retrieve Machine Data, such as data about Equipment health and operational history, and that data may be transferred to AGCO.

Equipment configured with a task controller can log data from the various electronic networks and sensors on Equipment into a work record or task file as well as execute a work order task file sent to the Equipment. This task file is then transferred over a communications network to a connected FMIS (Farm Management Information System) or other software system. Additionally, a task file may be sent over a communications system to a machine for execution in the field. A task file may be a simple setup file transferring basic information from the FMIS to the Equipment, or could be a variable rate prescription map or other work order.

During diagnosis and repair Equipment may be connected to an electronic diagnostics tool. This tool may collect data from the machine and transmit it to AGCO.

Who Can Access Machine Data

AGCO does not use or share any Machine Data without consent. For Equipment configured with a telematics system, affirmative consent must be obtained for each machine. Without such consent, AGCO will not be able to aggregate, analyze or use Machine Data other than for purposes to enable website or other system functionality for you. If you do elect to share data and provide consent, then Machine Data may be used for the purposes outlined below in section 4. Also, if you elect not to share Machine Data with AGCO or your AGCO Dealer then you may be unable to receive certain products or services whose functionality depends on access to such data.

For Equipment configured with TaskDoc Pro or VarioDoc Pro, AGCO does not use, nor request access to the data stored within Task Files. AGCO systems facilitate the transfer of Task Files between your Equipment and the connected software system. AGCO does not use the data within the Task Files except to monitor the Task File transfer process and to provide meta data about the file within the Task Data Exchange Server or Go-Task app interfaces.

How Machine Data is Used

AGCO uses Machine Data for a variety of purposes, including, but not limited to:

Service and Software Development or Delivery: to provide services to you through AGCO-certified dealers based on Machine Data, to develop software tools and functionalities enabling services or tools based on the analysis of machine generated data; Product and Customer Support: to provide services such as machine monitoring, service scheduling, and extended warranties or service contracts. As well as machine or service upgrades and subscriptions and general machine diagnostics and repairs; Machine Improvements and Product Development: to understand common machine use and operation techniques, normal hours of use in season, average ambient or field conditions for machine operation, and other data pertinent to developing requirements for future machine improvements or redesigns; Marketing: to provide offers and general communication from AGCO, our dealers, partners or suppliers based on location and operational characteristics to the extent provided by applicable laws; Qualification: to determine whether you are eligible for certain products, services or offers; AGCO's Normal Business Operation: to manage AGCO business operations such as payments, subscriptions, product development, product safety, contract management, analytics, fraud prevention, corporate governance, reporting and legal compliance, and to establish, exercise or defend legal claims; Studies and Promotions: to administer studies, surveys, polls, feedback, sweepstakes, contests, customer programs and other marketing promotions or events.

Who can access my Machine Data and why?

AGCO understands that you may not want us to share Machine Data with third parties for their own purposes. We limit our sharing of Machine Data as follows:

We may share Machine Data with our affiliated companies primarily including the different regional AGCO entities, AGCO dealers, or partner companies we work with to provide services or develop hardware components or software tools as outlined in the purposes above.

In the course of normal business operations, we may disclose Machine Data including but not limited to the purposes of sale or transfer of business assets, to protect our own rights, property or safety or the rights, property or safety of others, to enforce our rights, as well as to support external audits for corporate compliance and governance functions. Also in the event of official requests from law enforcement agencies we may be required to disclose Machine Data by law.

Data Security

AGCO uses a data security process that contains various controls that are designed to reasonably safeguard Machine Data. For example, we use industry-standard authentication and authorization systems to ensure only authorized users have access to your accounts.

Transfer of Data to Other Countries and AGCO Suppliers

AGCO Corporation is headquartered in the United States of America but has affiliates located throughout the world. Machine Data may be accessed by or transferred between AGCO affiliate locations for the purposes described in this Statement. When we access or transfer Machine Data, we do so in compliance with applicable law. Additionally, we protect the privacy and security of Machine Data, regardless of where it is processed or stored.

AGCO also works with third parties to support or provide our products and services, such as data storage and processing. These companies are located throughout the world so in the course of normal operations data may be transferred internationally. We will ensure that they are contractually bound to abide by AGCO security requirements.

Policies of Third Parties

This Statement only addresses the use and disclosure of data by AGCO. AGCO enables our customers to share their data with various companies and organizations that store, process, and analyze Machine Data independent of AGCO systems. These third parties have their own data policies that govern how your data will be managed within their systems. Several of these companies products are offered through AGCO distribution channels but are governed under those companies privacy policies and statements. We encourage you to familiarize yourself with the privacy statements provided by all third parties prior to providing them with information or taking advantage of an offer or promotion.

Changes to this Statement

From time to time, we may update this Statement to reflect new or different practices. Each statement or policy will be posted to the AGCO website including the date of last change. Additionally, if there are any changes to this statement or other related documents users will be notified the next time they log into an AGCO system that is covered under any applicable End User License Agreement, this Machine Data Statement or applicable the Data Privacy Policy.