U.S. PRIVACY STATEMENT

This Privacy Statement is intended to inform you about the information that our Controlled Affiliates in the U.S. may collect about you, how we use that information, and with whom that information may be shared. An additional U.S. Consumer Privacy Notice may apply to you if you are a U.S. consumer.

Categories of Personal Information We Collect

When you interact with us in person, over the phone, in writing, electronically, or through a third party or any of our global affiliates, we may collect a variety of information that we maintain in a manner that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you (“Personal Information”). This Personal Information may belong to one of the following categories:

  • Identifiers such as a real name, business name, alias, mailing address and physical address, unique personal identifier, online identifier, Internet Protocol address information, email address, account name, date of birth, government-issued (federal or state) identification and number, or other similar identifiers
  • Characteristics of protected classifications under applicable law, such as gender, race, ethnicity, national origin, citizenship, marital status, or military status
  • Professional or employment-related information, such as business entity information, professional affiliations, or employment history
  • Education information, such as education history or degrees obtained
  • Commercial information, such as business needs and operational information, records of personal property, products or services purchased, obtained, or considered, payment history, or other purchasing or consuming histories or tendencies
  • Biometric information
  • Geolocation data
  • Internet or other electronic network activity information, such as browser type, operating system, browsing history, search history, user login and authentication data, and information regarding your interaction with a website, application, or advertisement
  • Electronic, audio, visual, or similar information, such as records of calls to or from us
  • Any other categories of personal information under applicable law, such as financial information, identity verification information, banking information, or credit information
  • Inferences drawn from any of the categories listed above

Sources of Collected Personal Information

We may collect your Personal Information from the following sources:

  • You or those authorized to provide your Personal Information on your behalf, including via your transactions with us or as collected through your browser or device when you visit our website or use our applications
  • Third parties, including but not limited to, affiliates, joint venture partners, other related parties, manufacturers and vendors, dealers and distributors of goods or services you finance with us, business partners, credit bureaus, employee benefit providers, and suppliers who provide goods and services to us
  • Public records
  • From equipment you finance with us – we take reasonable steps to destroy Personal Information from equipment you finance with us, though we may collect information about equipment usage if it cannot reasonably identify, relate to, describe, be capable of being associated with, or linked, directly or indirectly, to you or your household

When you visit our website or use our applications, we may automatically collect information using cookies, pixel tags, web beacons, and other similar or related technologies. Some of this information is not capable of identifying you but some information can be associated with you, your browser, or your device. We may have relationships with third-party advertising companies to help track and report on usage of our website and applications. These advertising companies may place cookies on your device to display targeted advertisements to you.

Use of Collected Personal Information

We may collect, use, process, or disclose your Personal Information for the following purposes:

  • Performing services on your behalf, processing your requests, fulfilling our obligations to you, assessing your eligibility for our products and services, verifying your identity and information, completing transactions for which your information was collected, maintaining or servicing your accounts, providing customer service, and communicating with you, or providing other goods or services you requested or that are reasonably anticipated within the context of our ongoing business relationship with you
  • Advertising or marketing additional products and services to you that are related to products and services you request or that are offered by us, our affiliates, or a nonaffiliated third party
  • Administering promotions, surveys, pools, sweepstakes, and contests
  • Providing employment benefits and other employment-related services
  • Conducting audits, internal research, product quality, safety, and development, risk modeling, data analysis, demonstration purposes and other solely internal uses that are reasonably aligned with your expectations based on your relationship with us or the context in which you provided your information to us
  • Debugging to identify and repair errors that impair existing intended functionality
  • In connection with securitizations, syndications, or loan or lease participations
  • Facilitating the sale, transfer, merger, reorganization, or other change to a business line or legal entity
  • Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
  • Processing privacy rights requests
  • Investigating fraud
  • Handling current or prospective legal claims
  • Complying with all local, state, federal, and international laws and other legal and regulatory requests and obligations

Disclosure of Collected Personal Information

We may share your Personal Information on a confidential basis with our affiliates, joint venture partners, other related parties, manufacturers and vendors, dealers and distributors, business partners, credit bureaus, employee benefit providers, suppliers, and other third parties for all of the purposes described above.

We may also disclose your Personal Information to third parties if it cannot reasonably identify, relate to, describe, be capable of being associated with, or linked, directly or indirectly, to you or your household.

We do not sell your Personal Information to third parties.

Cross-Border Transfers of Collected Personal Information

We do business in multiple locations throughout the U.S. We also have affiliates located in various countries throughout the world. Your Personal Information may be accessed, processed, and transferred to affiliates and other third parties in the U.S. and elsewhere in the world for the purposes described in this Privacy Statement.

Links to Third-Party Websites

Our website may include links to blogs, social media, and other third-party websites. These third-party websites may have their own privacy policies and terms of use and are not controlled by this Privacy Statement.

We are not responsible for the privacy or security of any information you provide to a third-party website or the information practices used by any third-party website, including links to any third-party site from our website. We make no representations, express or implied, concerning the accuracy, privacy, safety, security or the information practices of any third-party website. The inclusion of a link to a third-party website on our website does not constitute any type of endorsement of the linked website by us.

Do Not Track Disclosures

Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services.  Currently, we do not monitor or take any action with respect to these signals or other mechanisms.

Policy on Protection of Social Security Numbers

We collect Social Security Numbers for lawful purposes in accordance with applicable law, including to process financing documents, and have established a policy to protect and maintain the confidentiality of Social Security Numbers. We implement commercially reasonable administrative, technical, and organizational safeguards and controls designed to protect and secure Social Security Numbers, prevent unlawful disclosure, and protect against unauthorized access. In addition, access to Social Security Numbers is limited to authorized employees and third parties with a need to know and who are under an obligation of confidentiality. We do not share your Social Security Number with third parties for advertising or marketing purposes.

How We Protect Collected Information

We are committed to protecting your Personal Information. We have implemented and maintain appropriate and reasonable security procedures and practices appropriate to the nature of the information to protect your Personal Information from inadvertent or unauthorized access, exfiltration, theft, or disclosure.

However, no electronic transmission of data can be guaranteed as completely secure.  As a result, we cannot guarantee or warrant the security of any information you transmit to or receive from us.

Notice to Minors

Our website is not designed to attract minors and is not directed at or intended to be visited by minors. No visitor to our website who is a minor or under the age of eighteen (18) should provide any Personal Information to us. If you are a minor, do not visit our website and do not send any Personal Information to us.

In the event that we become aware that we have collected Personal Information from a child under the age of thirteen (13), we will take steps to dispose of that information as permitted by law and in accordance with the Children’s Online Privacy Protection Act and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with Personal Information without your consent, please contact us at usprivacyoffice@dllgroup.com.

Controlled Affiliates

Our “Controlled Affiliates” include the following entities:

  • De Lage Landen Financial Services, Inc.
  • De Lage Landen Public Finance LLC
  • DLL Finance LLC
  • AGCO Finance LLC
  • Mahindra Finance USA LLC
  • Philips Medical Capital, LLC

Updates

This Privacy Statement was last updated on March 23, 2020. We may update this Privacy Statement from time to time. We will post the updated Privacy Statement on our website.

How to Contact Us

If you have any questions or comments about our Privacy Statement, please contact us at usprivacyoffice@dllgroup.com.

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using MahindraUSA.com, you are deemed to have agreed to these terms and conditions of use and to the terms of our Privacy Policy. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using MahindraUSA.com after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this, or any Site.

Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of MahindraUSA.com and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement."

The last date these Terms of Use were revised is November 16, 2011.

You acknowledge and agree that we and our partners do not endorse the content of any of your email communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable content in your email communications, or content in your email communications that infringes or may infringe the intellectual property or rights of another.

You acknowledge and agree that any financial transactions that occur between you and any other user or member of MahindraUSA.com are done so at your own risk. MahindraUSA.com does not have any knowledge of or review such transactions for legal, ethical or any other issue and explicitly disclaims any and all liability relating to the exchange of money between members.

  1. Use of MahindraUSA.com

    You may use the MahindraUSA.com website and the information, writings, images and/or other works that you see, hear or otherwise experience on MahindraUSA.com (singly or collectively, the "Content") solely for your non-commercial, personal use. No right, title or interest in any Contentis transferred to you, whether as a result of downloading, saving or printing such Content or otherwise. MahindraUSA.com and reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from MahindraUSA.com, except as expressly permitted by the Terms of Use.

  2. Copyright

    MahindraUSA.com and the Content are protected by U.S. and/or foreign copyright laws, and belong to Mahindra USA or its partners, affiliates or designated third parties. The copyrights in the Content are owned by Mahindra USA or other copyright owners who have authorized their use on MahindraUSA.com. Reproduction of any part of this website without the prior consent of MahindraUSA.com is strictly prohibited.

  3. Trademarks

    MahindraUSA.com is a trademark of Mahindra USA. All other trademarks mentioned in the Content of MahindraUSA.com are trademarks or registered trademarks of their respective owners. You are prohibited from using any of the trademarks or logos appearing on MahindraUSA.com without permission from the trademark owner, except as permitted by applicable law.

  4. Links to Third-Party Web Sites

    Links appearing on MahindraUSA.com are provided solely as a convenience to you. If you use these links, you will leave MahindraUSA.com. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Mahindra USA of the third party, the third-party web site, or the information contained therein. Mahindra USA is not responsible for the availability of any such web sites. Mahindra USA is not responsible or liable for any such web site or the content thereon.

  5. Linking to MahindraUSA.com

    If you would like to link to MahindraUSA.com, you must follow MahindraUSA.com's link guidelines. Unless specifically authorized by Mahindra USA, you may not create links to MahindraUSA.com that mirror or frame the home page of MahindraUSA.com or any other pages, or in any way mask the identity, logo or URL of MahindraUSA.com.

  6. Downloading Files

    Mahindra USA cannot and does not guarantee or warrant that files available for downloading through the MahindraUSA.com will be free of infection by software viruses or other harmful computer code, files or programs.

  7. Discussion Forums & User Generated Content Sections

    We are not responsible for, nor do we endorse any material appearing in any forum or user generated content section on MahindraUSA.com. We do not screen material that is posted or emailed by or to users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove posted materials that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit posted materials for any reason or no reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

    You acknowledge and agree that we and our partners will maintain no responsibility whatsoever for an interaction that occurs between you and any other user or member of MahindraUSA.com. As between us, our partners and you, you alone shall be solely responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area or via a private message or e-mail exchange, any form of contact information with any user or member of our Sites.

  8. No Personal Advice

    The information contained in or made available through MahindraUSA.com cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, tractor buying, tractor repair, gardening, farming, financial, medical, or legal matters. In particular, you should regularly consult a professional in all matters relating to the service and/or repair of power equipment. We and our licensors or suppliers make no representations or warranties concerning any attempted operation, service or repair by any person following the information offered or provided within or through MahindraUSA.com. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

  9. License to Mahindra USA

    By posting, uploading, inputting, providing or submitting Content to MahindraUSA.com, you grant (or warrant that the owner of such rights has expressly granted or will grant) us a royalty free, irrevocable license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform, transfer, transmit, and prepare derivative works based on the Content on all forms of media now known or hereinafter developed. You also warrant that you own or otherwise control all of the rights to the Content you have submitted or posted and that the posting and use of such content by us will not infringe the rights of any third party.

    You acknowledge and agree that when you upload or post content to MahindraUSA.com, that content becomes public content and will be searchable by and available to anyone who visits the Sites.

    You are not entitled to any compensation for any materials you post to MahindraUSA.com.

  10. Email, Private Message and File/Attachment Storage Policies

    We reserve the right to establish general practices concerning use of any email, private message services or storage we may provide, including without limitation the rights to regulate the number of email or private messages you may send, to regulate the maximum size of any email or private message you may send and to allocate the maximum disk space that will be used on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by us.

    We and our partners consider email or private messages transmitted via the email service to be the private correspondence of the sender. Neither we nor our partners will monitor, edit, or disclose the contents of your private communications, except that you agree that we and our partners may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of MahindraUSA.com and our partners, or others.

  11. Disclaimer of Warranties

    MAHINDRA USA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO MAHINDRAUSA.COM, THE PRICES OR THE CONTENT. MAHINDRA USA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO MAHINDRAUSA.COM, THE PRICES, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA MAHINDRAUSA.COM. MAHINDRA USA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY MAHINDRAUSA.COM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES IN THE PRICES OR MAHINDRAUSA.COM OR WILL BE CORRECTED. MAHINDRA USA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. MAHINDRAUSA.COM, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

  12. Limitation of Liability

    IN NO EVENT WILL MAHINDRA USA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE MAHINDRAUSA.COM, THE PRICES, OR THE CONTENT, (II) ANY TRANSACTION OR CONTENT SUBMISSION CONDUCTED THROUGH OR FACILITATED BY MAHINDRAUSA.COM; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN MAINDRAUSA.COM, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO MAHINDRAUSA.COM, THE PRICES, OR THE CONTENT, EVEN IF MAHINDRA USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH MAHINDRAUSA.COM, THE PRICES, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MAHINDRAUSA.COM.

    BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MAHINDRA USA's LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

  13. Indemnification

    You understand and agree that you are personally responsible for your behavior on and submissions to MahindraUSA.com. You agree to indemnify, defend and hold harmless Mahindra USA, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use MahindraUSA.com, the Prices, or the Content, or any violation by you of this Agreement.

  14. Privacy

    Effective on November 16, 2011 This privacy statement describes how Mahindra USA collects and uses the personal information you provide on our Web Site, MahindraUSA.com. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

    Collection and Use of Personal Information

    We collect the following personal information from you

    • Contact Information such as name, email address, mailing address, phone number
    • Unique Identifiers such as user name, account number, password
    • Preferences Information such as product wish lists, order history, marketing preferences

    We also collect the following information from you

    • Demographic information such as age, education, gender, interests and zip code

    As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

    We use this information to:

    • Fulfill your order
    • Send you an order confirmation
    • Assess the needs of your business to determine suitable products
    • Send you requested product or service information
    • Send product updates or warranty information
    • Respond to customer service requests
    • Administer your account
    • Send you a information
    • Send you a newsletter
    • Send you marketing communications
    • Administer contests and sweepstakes you entered, and notify you if you won
    • Respond to your questions and concerns
    • Improve our Web site and marketing efforts
    • Conduct research and analysis
    • Display content based upon your interests

    Choice/Opt-Out

    You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in the emails or you can contact us info@mahindrausa.com

    Information Obtained from Third Parties

    If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

    Cookies and Other Tracking Technologies

    We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include personal information.

    Security

    The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

    If you have any questions about security on our Web site, you can contact us at info@mahindrausa.com

    Notification of Privacy Statement Changes

    We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

    Contact Information

    You can contact us about this privacy statement by writing or email us at the address below:
    Mahindra USA
    9020 Jackrabbit Road, Suite 600
    Houston, Texas 77095
    Email: info@mahindrausa.com
    Phone: 281-449-7771

  15. Jurisdictional Issues

    We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  16. Claims of Copyright Infringement

    We respect the intellectual property rights of others, and require that the people who use MahindraUSA.com do the same. If you believe that any Content shown on or transmitted through MahindraUSA.com violates these Terms or your copyright you can report such violation by e-mailing info@mahindrausa.com. In the case of a copyright violation please provide the following information, at a minimum:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are coveredby a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    You may also report a copyright violation by providing the above information to Mahindra USA - listed below, who is registered as our designated agent with the Copyright Office pursuant to Title 17, United States Code, Section 512(c)(2): Mahindra USA
    9020 Jackrabbit Road, Suite 600
    Houston, Texas 77095
    Phone: 281-449-7771
    Fax: (281) 372-0357

  17. General Provisions

    1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Mahindra USA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
    2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Mahindra USA therefore reserves the right to correct any errors, inaccuracies or omissions and to change, update or remove the Content at any time without prior notice. Mahindra USA does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
    3. Enforcement/ Choice of Law/ Choice of Forum. These terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the American Association and will be arbitrated in Houston, Texas. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions.