AGCO PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This Notice was last updated on 23.10.2020.

This Privacy Notice for California Residents (“Notice”) is provided by AGCO Corporation and its subsidiaries and affiliates (together “AGCO”, “we” or “us”) to describe how we collect, use and share personal information of California residents, as detailed below.

WHO IS COVERED BY THIS NOTICE

This Notice supersedes and replaces AGCO’S Enterprise Privacy and Data Statement solely for all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other applicable California privacy laws.

This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

Where noted in this Notice under “Your CCPA Rights and Choices” below, we do not afford certain rights to business contacts from California because the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some of its requirements.

We do not knowingly collect personal information from children under the age of 13 via our online or mobile services. If notified that we have inadvertently collected personal information of a child under the age of 13, we will promptly work to delete that information from our databases.

PERSONAL INFORMATION WE COLLECT

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Catagory	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	YES
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

We obtain the categories of personal information listed above from the following categories of sources:

1. Directly from you. For example, from forms you complete or products and services you purchase or from communications with you such as when you contact AGCO (whether in person, by mail, by phone, online, via electronic communication or by any other means) including our AGCO Answers customer support service.
2. Indirectly from you. For example, from observing your actions on our website or our apps via cookies or other analytics technologies or from equipment that you have purchased from AGCO, if you have enabled such functionality, such as telemetry services.
3. From others.
   1. From our dealers. We may receive information about you from our independent dealers.
   2. Third party service providers. For example, if you choose to make an electronic payment directly to AGCO, or through a web site or an app, or through a merchant or dealer, AGCO may receive personal information about you from third parties such as payment services providers, for the purposes of that payment.
   3. From other third parties. We may collect information from third parties such as consumer data resellers.
   4. From affiliates. We may collect personal information about you from our affiliates or others acting on their behalf, such as from AGCO Finance.
4. From public or government sources. For example, we may collect information from public or government records. If we combine this information with other information within the meaning of “personal information,” we will treat the combined information as personal information under this Notice.

USE OF PERSONAL INFORMATION

We may use, sell, or disclose the personal information we collect for one or more of the following purposes:

1. To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote, request to be contacted by a dealer, or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, that information would be used to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
2. To perform services such as customer service, order fulfillment, payment procesing, financing and advertising, marketing or analytic services.
3. To advance our commercial or economic interests, such as by inducing you to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.
4. To verify or maintain quality or safety or improve or upgrade a service or device owned, manufactured, or controlled by or for us.
5. To use for short-term, transient use if the personal information is not disclosed to another third party or used to build a profile or otherwise alter your experience outside the current transaction.
6. To provide, support, personalize, and develop our Website, products, and services such as to perform warranty related services or other post-sale activities such as product monitoring, repairs or product improvement programs.
7. To create, maintain, customize, and secure your account with us.
8. To process your requests, purchases, transactions, and payments and prevent transactional fraud.
9. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, dealers and via mail, email or text message (with your consent, where required by law).
10. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
11. For testing, research, analysis, and product development, including to develop and improve our website, products, and services.
12. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
13. As described to you when collecting your personal information.
14. To send you information relevant to your past purchases and interests, subject to compliance with applicable laws regarding direct marketing.
15. To otherwise use as reasonably necessary and proportionate to achieve our operational or notified purpose for collecting personal information and as compatible with the context in which we collected the information.
16. To perform services on behalf of a CCPA-covered business or its service provider, such as customer service, order fulfillment, payment processing, financing and advertising, marketing, or analytic services.
17. To audit the interaction with you.
18. To detect or prevent security incidents or other illegal activity; for debugging and fraud prevention.
19. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

SHARING PERSONAL INFORMATION

We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Right to Opt Out of Sale of Personal Information: Do Not Sell My Personal Information below).

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers.
• Dealers.
• Affiliates.
• Advertisers.
• Internet cookie data recipients, like Google Analytics.
• Social Media companies.

Sales of Personal Information

We may sell your personal information. In the preceding twelve (12) months, we have sold the following categories of personal information:

1. Identifiers.
2. California Customer Records personal information categories.
3. Protected classification characteristics under California or federal law.
4. Commercial information.
5. Inferences drawn from other personal information.

We sell your personal information to the following categories of third parties:

• Dealers

YOUR CCPA RIGHTS AND CHOICES

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. This section addresses:

• Right to Know
• Right to Delete
• Exercising Rights to Know and Delete
• Right to Opt-Out of Sale of Personal Information: Do Not Sell My Personal Information
• Right of Non-Discrimination

Right to Know

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months including what personal information we collect, use, disclose and sell. Once we receive and confirm your verifiable consumer request (see “Exercising Rights to Know and Delete” below), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide the rights above under “Right to Know” for B2B personal information.

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Rights to Know and Deletion” below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request, in whole or in part, if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us, such as future field campaigns or product safety issues.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B personal information.

Exercising Rights to Know and Delete

To exercise the rights to know and deletion described above, please submit a verifiable consumer

request to us by either:

• Calling us at toll free at AGCO Answers: (855)-899-0035.
• Emailing us at DataPrivacy@AGCOcorp.com.
• Visiting https://www.agcocorp.com/data-subject-rights-form.html.
• Accessing an account you have with us.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only exercise the right to know twice within a 12-month period.

Verification of Requests

When a request is made, you must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We may first take steps to verify your identity to protect your privacy and security by asking you to provide information that matches information in our records. We may also require a declaration, signed under penalty of perjury, that you are the person whose personal information is the subject of the request. Further, if you designate an authorized agent to make a request on your behalf, you will have to submit information confirming such designation. See below regarding authorized agents. Subject to California Laws, we will not act upon a request until your identity has been sufficiently verified.

A record concerning the requests may be maintained pursuant to our legal obligations.

To verify your request we may ask you for the following information:

• Your name
• Your Address
• Your Email Address
• Your Telephone Number
• Additional information depending upon the type of request and the sensitivity of the information. For example, to verify a Request to Delete or Request to Know specific information, we may require that you provide information about a transaction or product such as the serial number of a piece of equipment or information about an interaction with us.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we may consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account, provided the functionality is available.

We endeavor to fulfill a verifiable consumer request exercising the rights to know and deletion within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

If you have an account with us, we may deliver our written response to your request that account, provided that such functionality is available. If you do not have an account with us, or the functionality is not available for your account, we will deliver our written response by mail or electronically, at your option, in our standard format.

Any disclosures we provide under the right to know will only cover the 12-month period preceding the date we received the verifiable consumer request. The response we provide in respect of the rights to know or deletion will also explain the reasons we cannot comply with a request, if applicable.

We do not plan to charge a fee to process or respond to requests exercising the rights to know and deletion, but reserve the right to do so if excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to Opt-Out of Sale of Personal Information

While we do not disclose personal information to any third party for monetary consideration, we do provide personal information to our authorized dealers and we may receive certain non-monetary benefits as a result. Such disclosure may be considered a “sale” under the CCPA in some circumstances.

Our websites and products are not intended for minors and we do not target minors. We do not have actual knowledge that we sell the personal information of minors under the age of 16. If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting https://www.agcocorp.com/data-subject-rights-form.html

Do Not Sell My Personal Information

You are welcome to change your mind and opt back in at any time. We may not request that you change your mind for at least 12 months after you opt-out.

Authorized Agent Requirements

Under CCPA, a consumer may use an authorized agent to make a privacy request on the consumer’s behalf. To make a request on behalf of a consumer, the authorized agent must first provide a copy of ether (a) a letter signed by the customer authorizing the agent to submit a CCPA request on his or her behalf, or (b) a valid power of attorney issued pursuant to California Probate Code section 4000 to 4465. An authorized agent must email one of these documents to DataPrivacy@agcocorp.com and include a telephone number where the agent may be reached during regular business hours. We may deny agent-based requests submitted without the required proof of authorization.

If you authorize an agent to make a verified request on your behalf we may require that you:

• Directly verify your own identity with us; and
• Directly confirm that you authorized the agent to act on your behalf.

Household Requests

Under the CCPA, all members of a California household can jointly request access to specific pieces of personal information for the household or the deletion of all household personal information. To make a household request, each member of the household must first submit a Right to Know or Right to Delete Request on an individual basis (see Exercising Rights to Know and Delete). After submitting the individual requests, each member must email DataPrivacy@AGCOcorp.com and request that there Right to Know and Right to Delete requests be combined with the other members of their household. Each email must include the names of every person in the household and the reference number for each member’s individual Access or Deletion request. If we do not receive email request from every household member within 7 days of the date on which the first request was submitted, or if we cannot verify any household member’s identity, the household request will not be processed, and we will instead process each verified request on an individual basis.

Right of Non-Discrimination You have the right not to receive discriminatory treatment for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects that would be separately provided. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

OTHER CALIFORNIA PRIVACY RIGHTS

In accordance with California Civil Code Section 1798.83(c)(2), we will obtain opt-in consent before sharing personal information with third parties for direct marketing purposes or provide you a cost free method to opt out. If you would like to opt out of us sharing your personal information with third parties for direct marketing purposes, please see make a request at https://www.agcocorp.com/data-subject-rights-form.html.

DO-NOT-TRACK REQUESTS; THIRD-PARTY TRACKING

Unless your browser settings are configured to make your online activities and publicly available information about your online activities invisible to usage analytics tools, we do not presently have the capability to omit you from usage analytics to the extent your browser sends a website or application linking to this website a “do not track” message. However, third parties, other than our vendors assisting with making such website available do not have authorization from us to track your uses of the website or application or track what other activities you may have engaged in before or after using the website or application (for example, using a different website). That said, we cannot control third-party tracking and there may be some third-party tracking that occurs without our knowledge or consent.

THIRD-PARTY SERVICES

We may offer links to websites or services of AGCO’s partners, dealers, 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 our online or mobile content. These websites and services may be subject to their own privacy policies and terms of use.

SECURITY

We use reasonable security to protect personal information, but please be aware that there is no perfect data security. You are responsible for maintaining the confidentiality and security your log-in credentials to the extent you have an account with us.

CHANGES TO THIS NOTICE

We reserve the right to modify this Notice at any time and may apply changes to previously collected information, as permitted by applicable law. From time to time, we may change or update this Notice. You acknowledge and agree that we may notify you about any material changes in the way we treat personal information by placing a notice on www.agcocorp.com and such other of our websites or mobile applications that link to this Notice. Your continued use of our website(s), applications or services after any such posting shall constitute your acceptance of such changes.

CONTACT INFORMATION

If you have any questions or comments about this Notice, the ways in which AGCO collects and uses your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (855)-899-0035

Email: DataPrivacy@AGCOcorp.com