1. Who is responsible for data processing and who can I contact about data protection issues?
Austro Diesel GmbH
Concorde Business Park 3/2, 2320 Schwechat
You can contact us at:
Concorde Business Park 3/2, 2320 Schwechat, Austria
+43 1 70 120-312
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.
If you are already a customer of Austro Diesel GmbH, we can always provide model-specific spare parts by linking your name and the vehicle identification number of your product.
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)
- Name (first and last name)
- 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
3. Links to social media accounts
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(at)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(at)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|
|Standard contractual clauses|
76230 Šamac, BiH
|Standard contractual clauses|
|6||GLOBAL MOTORS dooel||Bulevar Kosovsko-Makedonska brigada 60, 1000 Skopje||Standard contractual clauses|
8. How long will my personal data be stored?
We process and store your personal data according to the following principles:
- Based on consent: Once you revoke your consent for the future, your personal data will be deleted, unless there are legal storage obligations (these may arise, for example, from corporate law, tax law, the federal tax code, etc.) or the personal data are necessary for the preservation of evidence within the framework of the legal statute of limitations.
- Based on a contract or to take steps at the request of the data subject prior to entering into a contract, or based on legitimate interests: When you submit an inquiry that does not result in the conclusion of a contract, we store your personal data only for as long as we need to in order to respond to your inquiry. If your personal data is no longer required to meet contractual obligations, or if our legitimate interest has ceased to exist, the data are deleted on a regular basis unless further temporary processing is required for legal storage obligations (these may arise, for example, from corporate law, tax law, the federal tax code, etc.) or the personal data are necessary for the preservation of evidence within the framework of the legal statute of limitations.
- In order to comply with a legal obligation to which Austro Diesel is subject: 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 retain invoice data (e.g. customers’ names, invoice numbers, invoice amounts, etc.) for at least seven years.
9. What data protection rights do I have?
Every data subject has a right of access (Art. 15 GDPR), a right to rectification (Art. 16 GDPR), a right to erasure (Art. 17 GDPR), a right to restriction of processing (Art. 18 GDPR), a right to object (Art. 21 GDPR), a right to data portability (Art. 20 GDPR) and a right to lodge a complaint with a supervisory authority (Art. 77 GDPR). The responsible authority in Austria is the Austrian Data Protection Authority: Barichgasse 40-42, 1030 Vienna, Austria; tel.: +43 1 52 152-0, e-mail: dsb(at)dsb.gv.at. You can find the data protection authorities for EU Member States here.
You may withdraw your consent to the processing of your personal data at any time. This also applies to any declarations of consent submitted to us before the GDPR entered into force (25 May 2018). Please note that the withdrawal of consent only applies to the future – i.e. processing based on consent before its withdrawal is not affected by the withdrawal.
You can withdraw your consent to the processing of your personal data by sending an e-mail to Austro Diesel at privacy(at)austrodiesel.at or by clicking on the Unsubscribe link in any newsletter or e-mail.
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(at)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.
We process and store your personal data on the basis of your consent. Once you revoke your consent for the future, your personal data will be deleted, unless there are legal storage obligations (these may arise, for example, from corporate law, tax law, the federal tax code, etc.) or the personal data are necessary for the preservation of evidence within the framework of the legal statute of limitations.