Privacy Policy

Preamble

This Privacy Policy (hereinafter referred to as the “Policy”) describes how Agrifac Machinery B.V. (hereinafter referred to as “we”, “us” or “our”), acting as Data Controller, collects, processes, uses and protects the personal data of its users, customers, suppliers, employees and any other stakeholders (hereinafter referred to as “you” or “your”), in accordance with applicable legislation, in particular the Dutch Data Protection Act and the General Data Protection Regulation (GDPR), as well as any other applicable data protection laws.

This Policy does not apply to any third party websites or applications that may be mentioned on Agrifac Machinery B.V.’s website.

1. What is personal data?

Personal data (“Personal Data”) is information that can be used to identify an individual, either directly (for example surname or first name) or indirectly (for example a telephone number, an email address, an identification number, location data, voice, image or IP address).

2. Why do we use your personal data?

The table below sets out the purposes for which your Personal Data is collected and, for each purpose, the legal basis for the processing and the categories of data concerned.

PURPOSES	LEGAL BASIS	TYPES OF DATA CONCERNED
Management of the customer account, including the processing of orders, payments and invoicing, as well as technical support, after sales service and debt collection.	The processing is carried out on the basis of contractual performance.	• Identification data, such as surname, first name, address, telephone number and email address • Financial data, such as payment details and credit card information.
To respond to requests and questions submitted through the website and, more broadly, to manage our relationship with website visitors.	The processing is carried out on the basis of our legitimate interest in ensuring proper communication with visitors to our website.	• Identification data • Any data contained in correspondence.
To improve our services and our website, including providing notifications and updates, and improving and personalising your user experience.	The processing is carried out on the basis of our legitimate interest in optimising our tools and solutions in order to best meet the needs of our website visitors, customers and prospective customers.	• Identification data • Technical data, such as IP address, browsing data, cookies and geolocation data. • Any data contained in correspondence
To comply with the legal and regulatory obligations applicable to us.	The processing is necessary for compliance with legal obligations to which we are subject, for example to respond to legal or regulatory requests from judicial or administrative authorities.	• Identification data • Technical data, such as IP address, browsing data, cookies and geolocation data. • Any data contained in correspondence
To manage any potential or actual disputes with you or third parties.	The processing is carried out on the basis of our legitimate interest in defending our interests, including through legal means.	• Identification data • Technical data, such as IP address, browsing data, cookies and geolocation data. • Any data contained in correspondence
To compile statistics and carry out audience measurement.	The processing is carried out on the basis of your consent where required by law.	• Statistical data, such as sections and content visited and browsing activity on the website.
Sending advertising communications and tracking users for marketing purposes.	The processing is carried out on the basis of your consent.	• Identity: company, contact details • Subject of the request (if using the contact form)

In some cases, providing your Personal Data is mandatory. If you do not provide it, we may not be able to provide the services or information you request. For example, if you contact us through the website, you will need to provide your email address so that we can respond to you.

In any event, we will inform you when the provision of your Personal Data is mandatory.

3. With whom do we share your personal data?

As part of our processing, we may communicate your Personal Data to the following recipients:

To members of our staff or subcontracted personnel who need to process your Personal Data. Depending on the purpose, it will be shared, in whole or in part, only with duly authorised persons within the relevant departments.
To interested parties in the event of litigation, such as lawyers, experts and insurance companies.
To service providers and subcontractors who assist us in providing our products and services, such as payment providers, shipping services, hosting providers, our IT and website providers and other trusted partners that support our business and marketing operations.
To financial and judicial authorities, arbitrators and mediators, public agencies and state bodies, upon request and within the scope permitted by law.
To competent courts, public authorities, government agencies and law enforcement agencies, for example where we need to respond to legal or regulatory requests.

Regardless of the recipient, we will only disclose your Personal Data on a strict need to know basis and only to the extent necessary to achieve the purposes set out in this Policy. We raise awareness among all employees about data protection and privacy, and we take appropriate measures to protect and secure the information you provide. We do not sell, rent or share your Personal Data with third parties for commercial purposes, unless you have agreed to it or we are required to do so by law.

4. Do we transfer data outside the European Economic Area?

In principle, we store all Personal Data within the European Union (EU) and the European Economic Area (EEA). However, because we operate globally, we may need to transfer certain Personal Data to countries other than those in which it was collected, for example to allow some of our suppliers to access the data in connection with performing a contract or order.

Some of these countries may be located outside the EU and EEA. In such cases, we will implement appropriate safeguards to ensure an adequate level of protection for Personal Data transferred outside these territories, for example by entering into EU standard contractual clauses with the data importer or by taking other steps to ensure an equivalent level of protection under EU law.

5. How long do we keep your personal data?

Your Personal Data will be kept for as long as necessary to achieve the purposes for which it was collected, in accordance with applicable legal and regulatory requirements. It will be archived in line with statutory limitation and retention periods. In other words, retention periods vary depending on the data processed and the purposes for which it is processed. The table below sets out, for each purpose, the retention period applied to your Personal Data[1].

[1] For the relevant categories of data, please refer to the table above in Section 3.

PURPOSES	RETENTION PERIOD
Management of the customer account, including the processing of orders, payments and invoicing, as well as technical support, after sales service and debt collection.	• We will retain your Personal Data for as long as necessary to achieve the purposes for which it was collected.
To respond to requests and questions submitted through the website and, more broadly, to manage our relationships with customers, suppliers and website visitors.	• We will keep your Personal Data for a maximum period of 12 months from the date of your last contact with us.
To improve our services and our website, including providing notifications and updates, and improving and personalising the experience of customers, suppliers and website visitors.	• We will retain your Personal Data for a maximum period of 12 months. However, in most cases, your Personal Data will be aggregated shortly after collection into statistical data that no longer allows you to be identified.
To comply with the legal and regulatory obligations applicable to us.	• We will retain your Personal Data for as long as we are subject to any applicable legal or regulatory obligations.
To manage any potential or actual disputes with you or third parties.	• We will retain your Personal Data until all applicable legal remedies have expired.
Establish statistics and audience measurements.	• We keep your Personal Data for a maximum of 25 months. • The lifespan of the trackers (used to measure the audience) is a maximum of 13 months.[1]
Respond to an unsolicited application or job offer from you.	• We store your Personal Data in accordance with statutory limitation periods, legal retention requirements and the recommendations of the French Data Protection Authority (CNIL)[2].

[1] “Cookies: solutions for audience measurement tools” French Data Protection Authority available here.

[2] Fact sheet n°9 of the recruitment guide “How long is the data collected for recruitment purposes kept?” (including the table on page 52) available here.

In any event, once the applicable retention period has expired, we will permanently erase or anonymise your Personal Data so that you can no longer be identified.

6. What rights do you have?

In accordance with applicable data protection laws, in particular the GDPR, you have the following rights: the right to be informed, the right to give and withdraw consent, the right to object, the rights of access and rectification, the right to restriction of processing and the right to data portability[1].

7. How to exercise your rights?

To exercise your rights, please contact us using the details provided in Section 10 (“How can you contact us?”). To process your request as effectively as possible, we may need to ask for additional information to confirm your identity and or help us locate the Personal Data covered by your request. Please note that some of these rights are subject to specific conditions under applicable data protection law. If your particular situation does not meet those conditions, we may not be able to comply with your request.

If necessary, we will inform you of the reasons for our refusal. In any case, you have the right to lodge a complaint with your Data Protection Authority. As part of our activities, we do not carry out profiling. In addition, where you have given your consent to the processing of your Personal Data, you may withdraw it at any time. Finally, if a Personal Data breach is detected that may pose a high risk to your rights and freedoms, you will be informed of the breach as soon as possible.

[1] See the fact sheet on “the rights of individuals over their data” available here.

8. Cookies and similar technologies

We use cookies and similar technologies to collect information about your use of our services. See our Cookie Policy for more information.

9. Changes to this policy

We reserve the right to amend this Policy at any time in line with the needs of the company and any legislative or regulatory developments. Any changes will be posted on our website and will take effect immediately upon publication. We encourage you to review this Policy regularly.

10. How can you contact us?

If you have any questions or requests regarding the processing we carry out with your Personal Data under this Policy, including the exercise of your rights, as detailed above, you may contact us, by e-mail at the following address: datacontact@agrifac.com.