This Privacy Notice explains how CNH Industrial (“we”, “us”, “our”, or the “Company”) will handle Personal Data (“Data”) in compliance with applicable laws and regulations. We are committed to protecting and respecting privacy individuals.
While reading this notice, please consider the following definitions:
- "App” shall mean the CNH Industrial Bale Manager Application.
- “Authorized Users of the Services” means any person authorized to use the telematics service by the service recipient.
- “Recipient of the Services” means the natural or legal person (CNHI Customer) to whom the service is delivered by us through the mobile application.
- “Services” means the bale manager services provided for, by and through the App, as further described in the Bale Manager End-User License Agreement.
- "User of Our Connected Equipment” means any natural person who operates our connected equipment.In accordance with the conditions for the activation and use of the Services or the App, the Recipient of the Services is responsible for making a copy of this notice available to the Authorized Users of the Services and the Users of Our Connected Equipment.
1. WHAT DATA WE COLLECT
Data that collected and processed are the following:
a. data concerning the Recipient of the Service as well as data about Authorized User of the Services;
b. device data which is contained into the device on which the App has been downloaded (e.g.device contacts and photos);
c. machine data generated by the equipment and transmitted through the App or through wireless cellular network such as:
i. operational identifiers (e.g. field identifier, unit of measurement
ii. equipment status information (e.g. speed, PTO speed, number of wraps)
iii. duty information (e.g. bales/hr, total run time, manually adding additional fees, crop type)
iv. external conditions (e.g. date and time)
d. agronomic data which is data generated by the equipment that relates to field or field operations (e.g bales/hr, total run time, bale count, cut bales, knives equipped, wrap quantity,average moisture, bale size, bale size setting, bale shape, last bale moisture value, bale density, wrap mode (net/twine), economics value related to each bale produced)
Machine data and agronomic data do not enable us to identify the user of our connected equipment.However, each equipment may be identified by some identification elements (for example: field identifier) and there are possibilities to trace such identification codes back to an identified or identifiable individual, e.g. based on information available to others (e.g. the recipient of the telematics service). Under certain conditions, machine data and agronomics data can therefore be regarded as to Personal Data when linked to a unique equipment identification code.
2. WHY WE USE DATA
We process your Data to be able to provide you with the Services. The specific Legal Bases for the processing of Data for the purposes listed below are detailed in the “Country-specific table” in annex A to this notice. We invite you to read the sections relevant to you.
If you are a Recipient of the Services or an Authorized User of the Services, your Data may be processed for the following purposes:
a. to pursue our interest in delivering the agreed Services to the Recipient of the Services (e.g.allowing the App to search for nearby BLE vehicles, to auto-populate the invoice template accessing the necessary data on your device and share it with your contacts);
b. to pursue our interest of delivering assistance and support to Services and equipment users and well as to protect equipment and service from cybersecurity threats;
c. to comply with legal and regulatory obligations, such as tax and accounting activities or mandatory updates;
d. to pursue our interest of establishing, maintaining, and improving a satisfactory relationship with you, including the possibility to perform surveys to evaluate satisfaction regarding the quality of our products and services;
e. to pursue our interest to exercise defense in case of complaints or legal actions.
If you are a User of Our Connected Equipment, your Data may be processed for the following purposes:
f. to pursue our interest of fulfilling our contractual obligation and deliver agreed Services to the Recipient of the Services;
g. to pursue our interest of delivering assistance and support to Services and equipment users and well as to protect equipment and Services from cybersecurity threats;
h. to comply with legal and regulatory obligations, such as tax and accounting activities or mandatory product updates;
i. to pursue our interest of delivering non-mandatory software updates to maintain or increas equality of service and level of security and safety;
j. to pursue our interest to improve the quality and performances of our products and services,as well as to conceive new services;
k. to pursue our interest to exercise defense in case of complaints or legal actions.
If you are using our connected equipment and/or Services in the context of a demo, your Data may be processed for the following purposes:
l. to pursue our interest to demonstrate functionalities and features of our products and Services;
m. at your request, to provide information about our products, services, offers and commercial network;
n. to pursue our interest of delivering assistance and support to Services and equipment usersand well as to protect equipment and service from cybersecurity threats;
o. to pursue our interest to improve the quality and performances of our products and services,as well as to conceive new services;
p. to pursue our interest to exercise defense in case of complaints or legal actions.
Data may be processed both automatically and manually, either by means of information systems or in paper form.
3. CONSEQUENCES OF FAILURE TO PROVIDE DATA
Processing Data is necessary to perform the provision of the Services, as well as to maintain or increase the quality of service and to provide necessary assistance and support. Not providing Data(such as the access to your device data) may prevent us from delivering the required Services or may result in sub optimal provision of the required Services.
4. TO WHOM WE SHARE DATA WITH
We are part of the CNH Industrial Group, a global leader in the capital goods sector. Machine and agronomic data may be shared with or communicated to subsidiaries and affiliates of the CNH Industrial Group, based in and outside your country and in and outside the European Economic Space(“EEA”) (or outside the Country where the Data Controller is established), which are under specific contractual obligation and may use it for the fulfillment of the purposes listed above.
Data may also be communicated to other third parties to comply with legal obligations, to operate and maintain our and the CNH Industrial Group security, protect our and the CNH Industrial Group rights or property, to respond to order of Public Authorities, or to exercise our rights before judicial authorities.
Outside of these cases, we will not share any Data to any other third party. In particular, once an invoice template is generated it is saved on the device (we will have no access to such data) and the Recipient of the Services or the authorized user will be presented with an option on how they would like to share the invoice template. Some of the options include email, print, or the possibility to share the invoice template through a third-party app/service they would like to use. In this case they will be redirected to the app they choose, leaving our mobile application, and third-party platformoperators may collect and use information about them, including through cookies, for their own purposes. In this case no data is transferred by CNH Industrial to/or processed on behalf of CNHIndustrial by third-parties. For more information, we invite you to read the privacy notices made available by the platform operators.
For California residents: Under the California Consumer Privacy Act (CCPA) definitions of “sale” and“sharing” of Data, in the preceding twelve (12) months, we have not “sold” your Data for either monetary or other valuable consideration nor have we “shared” your Data for the purpose of cross context behavioural advertising.
5. TRANSFER OF DATA TO THIRD COUNTRIES
In order to perform Data processing activities as detailed above, we may transfer machine and agronomic data outside of your country and the EEA (or outside the Country where the Data Controller is established), including storing such data in digital or physical databases managed by entities acting on our behalf. Database management and data processing are limited to the purposes of the processing and are carried out according to applicable data protection laws and regulations.
Data is transferred outside of your country and the EEA (or outside the Country where the Data Controller is established) only in compliance with the provisions set forth by applicable laws including, if appropriate, contractual measures to guarantee that data is properly safeguarded and processed.
6. DATA RETENTION AND DISPOSAL
We maintain machine and agronomic data in our systems and archives for as long as necessary to pursue the purposes and interests described in this Privacy Notice taking into account, when applicable, legal and contractual requirements. When Data is no longer necessary for the purposes for which it is processed, it is either safely disposed or kept in a form which does not permit the identification of data subjects, provided that we are not legally required or permitted to hold such data. This data will be processed and stored for its whole lifecycle, ensuring security and confidentiality of the same in compliance with principles of fairness, lawfulness and transparency and in accordance with the provisions of applicable laws and regulations.All the other data is stored locally on your device within the App memory and CNHI will have no access to such data or to the invoice templates created through the mobile application. Therefore,any decision about data retention and disposal is under the App user’s control only.
Cookies are small text files which are transferred to your mobile device when you use the App.Depending on their specific purpose, cookies and other similar technology may collect and store personal data. Cookies allows the App to recognize your device on each subsequent visit and to store your browsing preferences, giving you a more functional experience, and making the content of the App as personalized as possible.
Cookies that are required for the App to operate properly (“Technical” cookies) are allowed to be set without your permission. These cookies are fundamental to enable you to use the App’s features therefore blocking these cookies may affect how this App functions. We only use first party technical cookies for the sole purpose of allowing the App functioning. In particular, we do not use any thirdparties’ cookies and won’t be able to save your preferences about cookies.
8. DATA CONTROLLER
CNH Industrial America LLC, a Delaware limited liability corporation with its principal place of business at 700 State Street; Racine, WI, is the Controller for the Data it collects and processes in the framework of this Privacy Notice.
9. DATA SUBJECT RIGHTS
You may have rights such as the right to access your Data etc. Details concerning the rights you are granted are available in the “Country-specific table” Annex A to this notice.If you wish to exercise one or more rights you are granted by applicable Data Protection Laws, youcan submit a request to us at any time by:
- completing the relevant online form: here, or
- sending an email to privacy-NA@cnhind.com, or attaching the standard form available here:http://www.cnhindustrial.com/en-us/footer/Pages/DSRDC.aspx ;
- contacting the Data Controller for processing your Personal Data or at the address indicatedin the section 8 of this Privacy Notice, specifying “for the attention of Privacy Compliance”
- if you are a resident of California (USA), you may also exercise your rights by calling us ateither of the following toll-free numbers:
- (877) 422-7344 (Case IH)
- (866) 639-4563 (New Holland)
- Controller’s representatives contact details for EEA and UK users under Annex B.
Should you submit a request to exercise any of your rights, we may ask for additional information to confirm your identity and to handle your request properly. We will also retain information concerning your request, including your identification and contact details, for as long as necessary to pursue specific objectives, including handling any objections to how we handled your request or any additional requests, internal evaluation of the process, and demonstrating that we handled your request correctly in the event of audits or reviews by competent authorities.
10. UPDATES TO THIS PRIVACY NOTICE
This Privacy Notice was updated in July 2023. We reserve the right to amend or update the Privacy Notice from time to time to reflect changing legal requirements or our processing activities. We will make available and inform you about any substantial update.
Depending on your country and that of the Data Controller, different Data Protection laws may apply and you may exercise specific privacy rights.
| DPO's Contact Details
||CNH Industrial Italia S.p.A, a company duly incorporated under the
law of Italy , with registered office in Via Lungo Stura Lazio 19,
Turin, Italy, is designated as the representative in the European
Union of any Party which is required to appoint a Representative in
the European Union, under the applicable Data Protection Laws.
||CNH Industrial UK LIMITED a company duly incorporated under the
law of England and Wales, with registered office in Cranes Farm
Road, Basildon SS14 3AD, United Kingdom, is designated as the
representative in the United Kingdom of any Party which is
required to appoint a Representative in the United Kingdom, under
the UK GDPR.