Privacy Policy

HARUN GROUP (the ‘Dealer’) has decided to proceed, in collaboration with SAME DEUTZ-FAHR Italia S.p.A. (‘SDF Italia’), with the activation of a new website in order to provide its users with a better browsing experience and improved services. This site - which is owned by SDF Italia, the holder of the corresponding domain name - therefore replaces the Dealer's previous website, which is no longer active or, where still active, will cease to be active over time, resulting in aredirect to this site. To this end, SDF Italia and the Dealer have entered into an agreement under which SDF Italia, as licensor, grants a non-exclusive licence to use this site harun-group.deutz-fahr-dealer.com (the ‘Site’) to the Dealer, as licensee.

With regard to the processing of personal data carried out through the Site, the Dealer and SDF Italia have entered into, under Article 26 of Regulation (EU) 2016/679 (‘GDPR’), a joint controller arrangement (‘Joint Controller Arrangement’) by which they have defined their respective responsibilities and mutual obligations. In particular, under the Joint Controller Arrangement, SDF Italia and the Dealer undertake to carry out, as joint controllers, only those processing activities involving personal data that are necessary to achieve the common purposes. In addition, the personal data collected through the Site, which will be made available to both SDF Italia and the Dealer, may also be processed by them for independent purposes (e.g. marketing and profiling activities). To carry out the processing activities described above, SDF Italia shall collect personal data through the Site and share it with the Dealer, and shall also collect, record and document the consent given by users through the Site and communicate it to the Dealer.

By this privacy notice, given solely in respect of the Site, SDF Italia and the Dealer inform users of the Site (‘Data Subjects’) of the manner in which and purposes for which their personal data is processed, taking into account that, within the scope of such activities, they may act:

1. as joint controllers of the processing, for the processing referred to in section 2.1 below (‘Joint Controller Processing’); e
2. as independent controllers of the processing, for the processing referred to in section 2.2 below (‘Independent Controller Processing’).

The essential content of the Joint Controller Arrangement is available to Data Subjects, who may request it at any time.

1.  CONTACT DETAILS OF SDF ITALIA AND OF THE DEALER

1. SAME DEUTZ-FAHR Italia SpA, Tax Code/VAT No. 00778780163, with registered office in Viale Francesco Cassani 15 - 24047 Treviglio (BG) - Italy, contactable at the email address privacy@sdfgroup.com, or by telephone at the following number: +39 0363.4211; e
2. HARUN GROUP, Tax Code/VAT No. IS 2760, with registered office at Via ARCELIK PLAZA BUILDING, contactable at the email address deutz.marketing@harungroup.net, or by telephone at the following number: -.

Within the scope of the Joint Controller Processing, SDF Italia and the Dealer act as joint controllers of the processing (the ‘Joint Controllers’), whereas within the scope of the Independent Controller Processing, SDF Italia and the Dealer each act, in respect of their own activities, as independent controllers (‘Independent Controllers’).

2. TYPES OF DATA PROCESSED, PURPOSES AND LEGAL BASES OF PROCESSING

The personal data collected and/or provided by the Data Subjects through the Site shall be processed in the manner and for the purposes described in this section.

2.1       PROCESSING AS JOINT CONTROLLERS:Data voluntarily provided by the user through the forms on the Site - Data processed. Personal data provided directly by Data Subjects, namely (i.a) identification data (e.g. first name, surname, company name and details of the company for which users carry out their activity) and (i.b) contact details (e.g. email address, telephone number, address, country, city, province), (i.c) any other information contained in the requests of the Data Subjects when they decide to complete the forms on the Site.

1. Purpose of processing. The Joint Controllers may process the personal data referred to in this section solely for the purpose of:

1. responding to requests submitted by the Data Subjects;
2. providing the Data Subjects with the requested service/product;
3. enabling the Data Subjects to access the services of the Site.

2. Legal bases of the processing. The legal bases for the processing described in section (ii) are the need to perform a contract and/or pre-contractual measures taken at the Data Subject's request, for example in the case of a request for a quotation, technical support and/or accessories and spare parts, as well as to enable users to access the services of the Site (Article 6(1)(b) GDPR).
3. Need to provide data: The provision of the data referred to in this section marked with an asterisk on the form on the Site is mandatory for the performance of the service/fulfilment of the request submitted by the Data Subject; however, the provision of other data is optional. Therefore, if the data marked with an asterisk are not provided, the requests submitted by the Data Subjects cannot be acted upon; otherwise, if the other data are not provided, only the processing of such data will not be possible.

1. Retention period. The data processed as set out in this section shall be retained for the period strictly necessary to respond to the Data Subjects' requests, as well as for the time required to perform the contractual relationship and comply with the related legal obligations. Specifically, the personal data covered by this privacy notice shall be retained for the time necessary to: (v.a) manage the contractual relationship with the Data Subject; (v.b) handle complaints or specific requests from the Data Subject; (v.c) establish, exercise or defend legal claims; as well as (v.d) for the period provided for by the applicable Italian legislation.

Please note that, with regard to processing carried out by the Dealer in other countries, specific obligations or retention periods may apply under the local legislation in force. In such cases, the personal data shall be retained in compliance with such obligations and, in any event, no longer than the period necessary to achieve the purposes of the processing, and in accordance with the principles of the applicable data protection legislation.

0. 1. 1. Navigation data
1. Data processed. When a Data Subject visits the Site, the Joint Controllers, including through the use of cookies, collect the following browsing data:

• technical information, including IP address, information on devices used by visitors to the Site, browser and operating systems, etc.
• information relating to browsing on the Site, including URLs of pages visited and activity carried out on the page, dates and times of browsing, time spent on the Site, clickstream, etc.

To learn more about how cookies work and how to activate and deactivate them, please consult the cookie policy. In any event, only strictly necessary cookies are installed on the Site, and not analytics and/or profiling cookies.

2. Purpose of processing. This information is collected for the proper functioning, management, maintenance and improvement of the Site, and to ensure that the Data Subjects can browse safely and to be able to ascertain liability in the event of cyber-security breaches.
3. Legal Basis. The legal basis for the processing of browsing data is Article 122 of Legislative Decree 196/2003 (‘Italian Personal Data Protection Code’), which permits the use of strictly necessary cookies without the need to obtain the consent of the Data Subjects, in conjunction with Article 6(1)(f) GDPR, as regards the legitimate interest of the Joint Controllers in the proper functioning of the Site and its cyber-security. Furthermore, the processing may take place to comply with legal obligations to which the Joint Controllers are subject under Article 6(1)(c) GDPR.
4. Need to provide data. The processing of browsing data collected through strictly necessary cookies is required to ensure the proper functioning of the Site. The Data Subjects may in any event disable cookies through their browser settings. However, such disabling may make it impossible to carry out activities closely connected with browsing and, therefore, also the Data Subject's consultation of and interaction with the Site.
5. Retention period. Browsing data is retained solely for the time strictly necessary to achieve the purposes for which it was collected. For more information, please consult the Cookie Policy.

It is understood that if the Dealer's local regulations provide for different methods and/or times for storing personal data, the Dealer will make known to the Data Subjects all necessary information on the processing of their personal data.

6. Interaction with social pages ‘Social buttons’. The Data Subject is informed that the Site allows interaction with third-party sites and social networks (Google, Instagram, Facebook, etc.) through hyperlinks, share buttons, [social plug-ins] and other similar tools.

By accessing one of the areas of the Site equipped with these kinds of tools, the Internet browser will connect the Data Subjects directly to the servers of the third-party sites in question, thus transferring their personal data to the operators of those sites. Depending on the specific agreements in place with the operators of such third-party sites, SDF Italia and the Dealer may act as independent Data Controllers or joint Data Controllers regarding such data transfers. Regarding the privacy protection methods and the processing of personal data collected by the managers of third-party sites with which the interactions described take place, please refer to the relevant sites.

0. 2. PROCESSING AS INDEPENDENT CONTROLLERS
      1. Marketing Activities
1. Data processed. Some of the personal data voluntarily provided by the Data Subject under preceding section 2.1 (e.g. email address, telephone number and postal address).
2. Purpose of processing. SDF Italia and the Dealer, each acting as Independent Controller, may process the personal data referred to in this section for the purpose of carrying out marketing activities, which may take the following forms:

1. in respect of SDF Italia only: sending email messages — to the contact details provided by the Data Subject in the context of a purchase — relating to products similar to those purchased by the Data Subject, limited to their respective customers (so-called soft-spam);
2. sending promotional newsletters and/or marketing material, including by means of automated systems such as email, or by traditional means (e.g. physical mail or brochures), relating to products and services, respectively, of SDF Italia and/or the Dealer that are not similar to those already purchased by the Data Subject, or directed at Data Subjects who are not yet customers;
3. sending promotional communications and marketing material, including by means of automated systems (e.g. email) or by traditional means (e.g. physical mail or brochures), relating to products and services of companies belonging to the same group as SDF Italia (identifiable at the following link https://www.sdfgroup.com/it-it) and/or the Dealer identifiable at the individual authorised Dealers, of business partners of those companies, or of third parties belonging to the following product categories that are related, similar or otherwise connected to the products and services offered by SDF Italia, the Dealer and the companies belonging to their respective groups, as well as to industry sectors relevant to the interests of the Data Subjects. It is understood that SDF Italia and the Dealer shall not share the data of the Data Subjects with such third parties, but shall themselves send the communications and messages relating to such products;
4. conducting market research, including research aimed at assessing the satisfaction levels of the Data Subjects with regard to the products and services offered by SDF Italia, the Dealer and/or companies belonging to the same group as SDF Italia and/or the Dealer, by their business partners or by other third parties.

3. Legal bases of the processing operations. The legal bases on which the processing of personal data for the marketing purposes described herein is based are, respectively:

1. with regard to the purpose referred to in section 2.2.1.ii.a), the legitimate interest of the controller, in the case of communications relating to products similar to those purchased by its customers (so-called soft-spam), in application of Article 6(1)(f) GDPR and Article 130(4) of the Italian Personal Data Protection Code as regards SDF Italia. For processing carried out by the Dealer in other countries, the legal bases indicated above shall apply in accordance with the local legislation in force, provided that it is compatible with the principles and provisions of Regulation (EU) 2016/679 (GDPR) and any applicable national legislation. In such cases, the Data Subjects may still object to such processing by sending an email to privacy@sdfgroup.com or via the link provided at the bottom of any promotional email communication sent to Data Subjects. Objection expressed by such means shall also extend to the sending of communications by postal service; and
2. with regard to the purposes referred to in sections 2.2.1.ii.b), 2.2.1.ii.c) and 2.2.1.ii.d), the consent of the Data Subjects in the case of promotional messages sent to persons who are not customers of SDF Italia and/or the Dealer or, as regards SDF Italia, relating to products that are not similar to those already purchased by one of its customers (Article 6(1)(a) GDPR). The Data Subjects may withdraw their consent at any time, informally, with the same ease with which it was given, by sending an email to privacy@sdfgroup.com or via the dedicated link at the foot of each promotional email sent to the Data Subjects. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent given prior to its withdrawal.

Please note that SDF Italia shall collect, record and document the consent given by users through the Site and communicate it to the Dealer. To withdraw consent in respect of processing carried out by the Dealer as Independent Controller, an email may be sent to privacy@sdfgroup.com or via the dedicated link at the foot of each promotional email sent to the Data Subjects.

4. Need to provide data. The provision of the data referred to in this paragraph, and the provision of consent to its processing, where necessary, is optional. Failure to give consent to the processing of data shall therefore not affect the Data Subject's ability to browse and use the services of the Site.
5. Data retention.
   1. With regard to SDF Italia, the data processed for the purposes referred to in section 2.2.1.ii.a) of this privacy notice shall be processed until the Data Subject exercises the right to object to receiving soft-spam communications.
   2. As regards SDF Italia, the data processed for the other purposes indicated in this section shall be retained for a period of 24 (twenty-four) months from the date of provision and the granting of consent to their processing, where required.
   3. With regard to the Dealer, the data referred to in this section shall be retained for the time necessary to achieve the purposes of the processing and in any event no longer than the periods provided for by the legislation applicable in the relevant country, and in compliance with the applicable legal and regulatory obligations.

At the end of the above periods, the Data Subject shall be asked to renew consent to the processing of such data.

SDF Italia and/or the Dealer, as Independent Controllers, may extend the aforementioned retention period where this is necessary to comply with a legal obligation incumbent on them or to assert a right of theirs before a competent authority.

0. 1. 2. Profiling
1. Data processed. Some of the personal data voluntarily provided by the Data Subject under section 2.2.1 above (e.g. country, city, province).
2. Purpose of processing. The personal data referred to in this section may be processed by SDF Italia and the Dealer, each acting as Independent Controller, for the purpose of carrying out profiling activities aimed at sending personalised marketing material or promotional communications. However, no profiling activities will be carried out by SDF Italia and/or the Dealer directly through the Site(i.e. through cookies).
3. Legal Basis. The legal basis for profiling activities is the consent of the Data Subjects under Article 6(1)(a) GDPR. The Data Subjects may withdraw their consent at any time, informally, with the same ease with which it was given, by sending an email to privacy@sdfgroup.com or via the dedicated link at the foot of each promotional email sent to the Data Subjects.

Please note that SDF Italia shall collect, record and document the consent given by users through the Site and communicate it to the Dealer. To withdraw consent in respect of processing carried out by the Dealer as Independent Controller, an email may be sent to privacy@sdfgroup.com or via the dedicated link at the foot of each promotional email sent to the Data Subjects.

4. Need to provide data. The provision of the data described in this section, like the granting of consent, is optional. However, if consent is not given, it will not be possible to deliver personalised messages and promotional communications to the Data Subjects. In any event, the failure to give consent to the processing of data shall not affect the Data Subject's ability to browse and use the services of the Site.
5. Retention period.

1. As regards SDF Italia, the data processed for profiling purposes shall be retained for a period of 12 (twelve) months from the date of provision and the granting of consent to their processing. At the end of that period, the Data Subject shall be asked to renew consent to the processing of such data.
2. With regard to the Dealer, the data referred to in this section shall be retained for the time necessary to achieve the purposes of the processing and in any event no longer than the periods provided for by the legislation applicable in the relevant country, and in compliance with the applicable legal and regulatory obligations.

At the end of the above periods, the Data Subject shall be asked to renew consent to the processing of such data.

This shall be without prejudice to the possibility for SDF Italia and/or the Dealer to extend the aforementioned retention period if this is necessary to comply with a legal obligation imposed on them or to protect their rights before a competent authority.

3. PROCESSING PROCEDURES

The processing of the personal data of the Data Subjects shall be carried out primarily by electronic or otherwise automated means, in the manner and using tools suitable to guarantee the security and confidentiality of the data in accordance with the GDPR. In particular, all the necessary technical, IT, organisational, logistical and procedural security measures will be taken to guarantee the minimum level of data protection required by law, allowing access only to the persons in charge of processing or to the expressly designated Data Processors.

The information acquired and the methods of treatment will be pertinent and not excessive with respect to the type of services rendered. The data will also be managed and protected in environments whose access is under constant control.

4.  COMMUNICATION AND DISSEMINATION OF DATA

The personal data of the Data Subjects processed under this privacy notice may be communicated:

• to all those subjects (including public authorities) who have access to personal data by virtue of regulatory or administrative measures or by provision of law;
• to other companies in the SDF Group or with which the Dealer has contractual relations. These subjects will process the personal data collected through the Site as independent Data Controllers and in compliance with this privacy policy;
• to companies, consultants or professionals appointed for the installation, maintenance, updating and, generally, the management of the hardware and software connected to the Site or used by SDF Italia and the Dealer to deliver their services (e.g. Temovo);
• companies or third parties in charge of enveloping, labelling, shipping and/or delivery and/or collection services;
• external companies in charge of sending advertising communications on behalf of SDF Italia and the Dealer;
• to the employees and/or collaborators of SDF Italia and of the Dealer, who have been authorised to carry out the processing of personal data connected with the provision of the requested services and have been instructed accordingly;
• all those public and/or private individuals and/or legal entities (legal, administrative and tax consultancy firms, Judicial Offices, Chambers of Commerce, Chambers and Labour Offices, etc.), if the communication is necessary or functional for the correct fulfilment of the contractual obligations assumed, and the obligations arising from the law.

Data relating to Data Subjects will not be disseminated, except in anonymous and aggregate form for statistical or research purposes.

5. DATA TRANSFER OUTSIDE THE EEA

SDF Italia and the Dealer will not transfer the personal data of Data Subjects to countries outside the European Economic Area ('EEA'), which includes, besides the Member States of the European Union, Norway, Lichtenstein and Iceland.

Should this prove necessary to pursue the purposes of the processing operations described in this Privacy Policy, SDF Italia and the Dealer ensure that any transfer of data outside the EEA will take place in such a way as to ensure full protection of the rights and freedoms of the Data Subjects. Where, regarding the recipient third country, the European Commission has issued no adequacy decisions, the data transfers will be carried out by adopting the guarantees under articles 46 and following of the GDPR, including the standard contractual clauses approved by the European Commission and a considered assessment of the legislation of the receiving third country, if any.

6. RIGHTS OF THE DATA SUBJECT

Under Article 13 GDPR, SDF Italia and the Dealer inform the Data Subjects that, under Articles 15 to 22 and 77 GDPR and within the limits established by Article 2-undecies of the Italian Personal Data Protection Code, they have the right to:

• request information about the processing that SDF Italia and/or the Dealer carry out, as applicable, on their data, or confirmation that the latter process their personal data. In such case, they may request SDF Italia and/or the Dealer, as applicable, to provide a copy of their data and to verify which data we hold (right of access);
• request SDF Italia and/or the Dealer, as applicable, to rectify their personal data if it is not correct, including the right to request the completion of incomplete personal data (right to rectification);
• request SDF Italia and/or the Dealer, as applicable, to erase the data (or part of it) they have provided, including data whose retention is not necessary for the purposes for which it was collected or otherwise processed (right to erasure);
• request SDF Italia and/or the Dealer, as applicable, to restrict the processing of their personal data where the conditions provided for by law are met (right to restriction of processing);
• object to the processing of their personal data, without prejudice to the existence of compelling legitimate grounds for continuing such processing (right to object);
• obtain from SDF Italia and/or the Dealer, as applicable, in a structured, commonly used and machine-readable format, the personal data they have communicated, for the purpose of transmitting it to another person, without hindrance from the Joint Controllers. This right applies where SDF Italia and/or the Dealer, as applicable, carry out the processing of such data through automated means, on the basis of consent or for the purpose of providing services (right to data portability);
• where the processing is based on consent, withdraw it at any time without prejudice to the lawfulness of processing carried out on the basis of consent given before its withdrawal (right to withdrawal of consent).
• request not to be subject to processing based solely on automated decision-making, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. This right may not be exercised when: (i) the processing is necessary for the conclusion of a contract between you and SDF Italia and/or the Dealer, as applicable; (ii) the processing is authorised by law; (iii) the processing is based on your consent (right not to be subject to automated decision-making).
• complain to a Data Protection Authority (e.g. for Italy the Garante per la protezione dei dati personali - Piazza Venezia, 11 - 00187 Roma; Tel. +39 06 696771; email protocollo@gpdp.it).

Without prejudice to the procedures provided for by the Italian Data Protection Authority (Garante per la protezione dei dati personali) for lodging a complaint, in respect of all other rights the Data Subject may submit, as applicable, a request to the Joint Controllers, or separately to SDF Italia and/or the Dealer, informally, to the contact details indicated in section 1 of this privacy notice.

It is understood that, where the Dealer's local legislation provides for limits different from those established by Article 2-undecies of the Italian Personal Data Protection Code, the Dealer shall make known to the Data Subjects all necessary information for the exercise of their rights.

7.  CHANGES TO THIS PRIVACY POLICY

SDF Italia and the Dealer reserve the right to make changes to this Privacy Policy at any time, giving appropriate publicity to Site users and ensuring in all cases adequate and similar data protection. To view any changes, each Data Subject is invited to consult this Privacy Policy regularly.

In any case, if substantial changes are made to this policy (e.g: processing of personal data for different and further purposes) are substantial, SDF Italia and/or the Dealer shall communicate them to the Data Subjects by email.