Privacy Policy
 

1. AMAG Group Privacy Policy

Last updated November 2021

In this Privacy Policy, we, AMAG Group Ltd, explain how our subsidiaries (AMAG Import Ltd, AMAG Automobil- und Motoren AG, AMAG Leasing AG, AMAG Services AG, AMAG Parking AG, AMAG Corporate Services AG and mobilog Ltd) and partners (hereinafter individually or collectively referred to as AMAG) collect and process personal data.

AMAG places a high priority on the security of your data. For this reason, we process your personal data only in accordance with the data protection laws that apply to us.

1. Contract

Unless stated otherwise, AMAG Group Ltd is responsible for data processing within the meaning of the Swiss Federal Act on Data Protection (FADP) and the European Union’s General Data Protection Regulation (GDPR).

Please send data protection enquiries to:

AMAG Group Ltd
Legal & Compliance
Data protection
Alte Steinhauserstrasse 12
6330 Cham
Switzerland

Or by e-mail to privacy@amag.ch

Our representative in the EEA region in accordance with Article 27 of the EU General Data Protection Regulation (GDPR) is: AMAG (Vaduz) AG, Austrasse 37, LI-9490 Vaduz.

2. Processing your personal data

When you visit our website, or when you use our services, or when you apply for a job with us, your personal data is collected and processed. This affects the following data in particular and is undertaken in the following situations for the purposes listed below.

We use the personal data collected by us to conclude and execute contracts with you, in particular for vehicle sales, repairs, financing and leasing of vehicles and for the purchase of products and provision of services by our suppliers and their subcontractors, as well as to comply with our legal obligations. In addition, we process personal data to the extent that this is in our legitimate interests.

Please note that data processing by our brand partners may be carried out under their own data protection responsibility, over which we have no influence. More information about data protection can be found in the privacy policy of the relevant brand partner.

2.1 Website

When you visit our website, we and the service providers commissioned by us will process your personal data for operational and performance purposes, as well as to optimise and further develop our service.

When you access the website, our system will automatically collect data and information. This includes:

·         Information about the type of browser and the version used

·         The user’s operating system

·         Information about the type of device

·         The user’s internet service provider

·         The user’s IP address

·         Date, time and duration of the access

·         Websites from which the user’s system accesses our website

·         Websites that are accessed by the user’s system via our website

We process this data under our legitimate interest in the optimal provision of our website, in particular for analysis of how visitors use this website; the data is also evaluated for statistical purposes and for internal measures aimed at improving security and quality.

Cookies and analysis and tracking tools

We use “cookies” on our websites, with which your browser or your device can be identified. A cookie is a small file that is sent to your computer or is automatically saved on your computer or mobile device by the web browser you use when you visit our website or install our app. At the beginning of your website visit, in our preference centre, you can select your desired cookies and give your consent to the processing of your data. You can object to the data processing at any time, with effect for the future, by adjusting the settings in your browser to prevent the storage of cookies, or by changing your consents that are saved in the preference centre.

You can find more information in our Cookie Policy.

Google Analytics

This website uses Google Analytics, a web analysis service from Google Inc. (Google). Google Analytics uses “cookies”, i.e. text files that are, if you have agreed to their use, stored on your end device and which allow your use of the website to be analysed. The information about your use of this website that is generated via the cookie (including your IP address, however, this is anonymised using the “anonymised ip” method before being stored so that it cannot be associated with a connection) is transferred to a Google server in the USA and is stored there. The following data is collected: Address and title of the visited page or downloaded files, screen resolution, browser type, browser version, browser window size, colour depth, browser language, Java plugin activated or not, Flash version and information about the origin. This list can be expanded by Google and reflects only current knowledge about the analysis. Google will use this information to evaluate your use of the website, in order to compile reports about website activities for the website operator and to provide the website operator with other services relating to website and internet use. Google may also transfer this information to third parties, should this be legally required or to the extent that third parties process this data on behalf of Google. Google states that under no circumstances does it associate your IP address with other Google data. You can prevent cookies from being saved by adjusting the settings in your browser software. By using this website, you agree to the processing of the data about you that is collected by Google in the nature and for the purpose described above.

You can object to the collection of the data by Google Analytics, with effect for the future, by installing a deactivation add-on for your browser (http://tools.google.com/dlpage/gaoptout?hl=en).

Adobe Analytics

Our website uses Adobe Analytics, a web analysis service of Adobe Systems Software Ireland Limited (www.adobe.com). Adobe Analytics uses cookies that are saved on your computer and that allow an analysis to be made of your use of the website. For example, details such as the time of access to our website, duration of the visit and click paths through the website are analysed, without personal data being recorded. Adobe will use this information on our behalf to evaluate the use of the website by the user, in order to compile reports about the activities on the website, and to provide other services related to the use of the website and Internet usage; in some cases the information will also be used in an aggregated and anonymised form by some of our contracting partners (e.g. Volkswagen). If the information provided by the cookie about use of the website is transmitted to an Adobe server, the settings ensure that the IP address is anonymised before geolocation and replaced by a generic IP address before it is stored. The IP address transmitted by your browser within the framework of Adobe Analytics is not merged with other Adobe data. The period for which the cookies are stored is limited to 24 months. You can prevent cookies from being saved by adjusting the settings in your browser software.

Social media

For social media, we use the Shariff solution. By using Shariff, you yourself can decide whether and when data is transferred to the operators of the relevant social networks. When you access our websites, generally no data is therefore automatically transferred to social networks such as Facebook, YouTube and Twitter. Only when you yourself actively click on the relevant button will your web browser make a connection with the servers of the relevant social network. Only by clicking the icon do you consent to your web browser connecting to the servers of the relevant social network and transferring usage data to the relevant operator of the social network.

2.2 Use of online services

When you contact us via our website or want to use our online services, you may register with us. We or third parties commissioned by us will then process information about you in our customer database, which depending on the service may include:

·         Name and contact data

·         Address data

·         Vehicle data

·         Preferred garage and brand

·         Payment details

·         Insurance data

·         Credit score data

·         Interests

We will do so in order to provide you with the service as offered. The processing is undertaken on the basis of your consent, a contractual relationship or our legitimate interest.

Under some circumstances, your data will be disclosed to the following categories of recipients:

·         Contractual and business partners

·         Manufacturers

·         IT service providers

·         Marketing service providers

You can use the following online services:

Contact form and live chat

You have the option to contact us using a contact form or by e-mail and to send an enquiry to us. In this context, we will process your name and contact details, in order to make contact with you and to process your enquiry.

As an alternative to the contact form, you have the option to contact us using live chat. In this context, we will process the personal data that you transfer to us as part of the live chat (such as your first and last names, address, e-mail address, telephone number, etc.) as well as your IP address, in order to process your enquiry.

Online appointment

If you use our “Make your appointment online” service, your contact and vehicle data will be forwarded to your preferred garage for the purpose of arranging the appointment.

Newsletter

If you subscribe to our newsletter, we and/or the service providers commissioned by us will process your contact data on the basis of your consent. You are able to unsubscribe to the newsletter at any time by using the unsubscribe link in the newsletter.

Test drive

If you use our “Book a test drive” online service, then we will forward your contact data to your preferred garage for the purpose of arranging an appointment.

Vehicle purchase

If you purchase a vehicle via our website, then we and/or the service providers commissioned by us will process your contact, address and payment data to create and fulfil the sales agreement.

Vehicle subscription

If you take out a vehicle subscription via our website or via a dealer, then we and service providers commissioned by us will process your contact, address, credit rating and payment data to create and implement the subscription agreement.

Our subscription vehicles are equipped with an adapter from autoSense. For more information, see “autoSense”.

You can find information about our Clyde subscription service and the privacy policy for Clyde at https://clyde.ch/en/privacy-policy

Claims report

If you use our “Claims report” online service, then we and service providers commissioned by us will process your data to handle your claim. We will collect the following categories of data from you:

·         Name, address, contact data

·         Vehicle data, driving licence data (if “driving licence identification” is used)

·         Claims report

2.3 Our services

We or third parties commissioned by us will process your personal data in our customer database, in order to provide our services to you and to carry these out. The processing of your data is undertaken in connection with the initiation or implementation of a contract, our legitimate interest and your consent.

Under some circumstances, your data will be disclosed to the following categories of recipients:

·         Contractual and business partners

·         Manufacturers

·         Banks

·         Insurance companies

·         Credit agencies

·         IT service providers

·         Marketing service providers

·         Platform providers for vehicle data

Leasing

If you lease a vehicle from us online or from one of our garages, then we and/or service providers commissioned by us will process your data to create and implement the leasing agreement.

As part of the credit check that we are legally obliged to undertake, we and the service providers commissioned by us will also process the following data from you:

·         Personal details (last name, first name, birth date, marital status, number of children)

·         Income (salary, alimony, pension, name of employer)

·         Expenses (rent, work-related expenses, church tax)

In addition, we will obtain the following additional information about you from our service providers such as CRIF and ZEK/IKO for the credit check:

·         Existing leasing obligations

·         Existing credit obligations (incl. annualisation for 36 months)

·         Credit score for concluded or ongoing obligations

·         Payment experiences

·         PEP, Crime, Sanction

The credit check is an automated decision-making process.

As part of the unique identification required under law, we and third parties commissioned by us will process your identification data (ID document).

Service

We and/or third parties commissioned by us will normally process the following data categories from you if you use our garage services:

·         Name

·         Address data

·         Contact data

·         Vehicle data

·         Invoice data

·         Insurance data

This data is required to implement the service you have booked and for communication with you.

Service camera

As part of your service order, the manufacturer’s “service camera” is used to make video recordings of your vehicle, in order to provide even more transparent processing of servicing and repair services to you. To transfer the recording to you, we will process your contact data such as e-mail address or SMS number. The video recordings are processed directly by the manufacturer and are provided to us for the duration of the servicing.

Replacement vehicle

If you obtain a replacement vehicle from us, then we will process your name and address and contact data. The autoSense adapter installed in the vehicle also records technical data such as mileage and possible technical faults and transmits this data to us via autoSense for the purpose of regular maintenance and troubleshooting. In this context, we do not receive any data that allows geotracking or for conclusions to be drawn to your driving behaviour.

autoSense

Our subscription and replacement vehicles are equipped with an adapter from autoSense.

Please see the corresponding rental and subscription conditions to find out what autoSense data is specifically transmitted for which purpose.

You can find more information about the autoSense privacy policy provisions at https://en.autosense.ch/datenschutz

Totalmobil!

If you purchase a new or used vehicle from the Volkswagen, Audi, SEAT, ŠKODA and VW Commercial Vehicles brands, your vehicle will automatically be insured free of charge with Totalmobil!. We will transfer your contact and vehicle data to Touring Club Suisse (TCS), which will be available to you as a service provider in the event of a claim.

Aquacar

If you purchase a vehicle from us or use one of our services, your technical vehicle data will be stored in the database of AMAG Corporate Services AG. This data may be viewed by prospective buyers in the event of a vehicle sale – provided you have given your consent. You can find more information about Aquacar at www.aquacar.ch

Tuning/sale of parts

If you purchase parts or tunings for your vehicle via our dealers or service partners, then on the basis of the contract we will process the personal data that is relevant to the sale or service such as contact data, vehicle data and payment data and we will forward these to the service providers used by us to provide the service.

3. Communication via WhatsApp

We do not proactively use WhatsApp as a communication tool. If you nevertheless would like to communicate with us via WhatsApp, please be aware that personal data (name, contact information) will be transmitted to WhatsApp Inc.. Please see the corresponding privacy policy to find what data WhatsApp processes for what purpose.

www.whatsapp.com/privacy

4. Applications

If you apply for a position at AMAG through our job portal, then we will process the following personal data from you as part of and for the purpose of the application process:

·         Name

·         Contact data

·         Date of birth

·         Cover letter

·         Curriculum vitae (CV)

·         References/certificates

 

Data will be disclosed only within AMAG to those who are responsible for the application process.

If no contract is signed with you, we will erase your data unless you have granted your consent for continued storage.

5. Marketing

We process your data for marketing purposes (newsletters, competitions, events, service information, new products, company information, etc.) only if you have given your consent for this or a legitimate interest exists.

You may revoke your consent at any time with effect for the future by sending an e-mail to privacy@amag.ch.

6. Market and opinion research

To improve the quality of our service, service providers commissioned by us to conduct opinion surveys will contact you after a contract or servicing contract is signed.

7. Processing of personal data from other sources

We or third parties commissioned by us will also receive your personal data from other sources, if these are authorised to disclose your details, for purposes of customer contact and acquisition and for the provision of services. These sources may be:

·         Public sources

·         Address brokers

·         Mobility service providers

8. Data disclosure and data transfer in Switzerland and/or abroad

To provide our services, we need to transfer personal data both within the company and externally. This involves, in particular, the following parties:

·         Our service providers (within the AMAG Group and to the extent permitted by law also externally, e.g. banks or insurance companies), including processors (e.g. IT providers)

·         Dealers, service partners, suppliers, subcontractors and other business partners

·         Authorities, official agencies or courts in Switzerland and abroad

·         The general public, including visitors to websites and social media

·         Communication partners

·         Competitors, organisations in the industry, associations, other organisations and other bodies

·         Purchasers or parties interested in acquiring business areas, companies or other parts of the AMAG Group

·         Other parties in potential or actual legal proceedings

·         Other companies and holdings of the AMAG Group

All collectively referred to as recipients

Where necessary for the provision of our services, personal data will be transmitted to the aforementioned bodies in Switzerland and the EU. In particular, you must expect the transfer of your data to all countries in which the AMAG Group is represented. If we transfer data to a third country, we will provide an adequate level of protection, as prescribed by law, through use of appropriate contracts and/or measures (based in particular on the standard contractual clauses of the European Commission) or so-called Binding Corporate Rules. You can obtain a list of the relevant service providers and processing locations for your personal data upon request by sending an e-mail to privacy@amag.ch

9. Retention period for personal data

We process and store your personal data for as long as it is required to meet our contractual and statutory obligations or as long as it is required for the purposes pursued by the processing, i.e. for the entire duration of the business relationship (from the initiation and execution of a contract to its termination and the warranty period, as well as a subsequent service phase) and apart from that in accordance with the statutory obligations regarding retention and documentation. It is possible in this regard that personal data will be retained for the period during which claims may be asserted against us, or if we are otherwise obliged by law to retain such personal data, or legitimate business interests require that the personal data be retained (e.g. for evidentiary and documentation purposes). In principle, as soon as your personal data is no longer required for the purposes indicated above, it will be erased to the extent possible or rendered anonymous. Generally, shorter retention periods apply in respect of operating data (e.g. system protocols or logs).

10. Data security

We take appropriate technical and organisational measures to protect your personal data against unauthorised access and misuse.

11. Obligation to provide personal data

In the course of our business relationship, you must provide us with the personal data required to enter into and conduct a business relationship, and to perform the related contractual obligations (as a rule, you do not have a statutory obligation to provide us with data). Without this data, we will generally not be in a position to conclude a contract with you (or with the body or person you represent) or to execute it. In addition, our websites can only be used if certain information to ensure the free flow of data (e.g. IP address) is disclosed.

12. Rights of the data subjects

As a data subject, you have the following rights with us:

Right of access

You have the right to obtain information about the processing of your personal data.

A request for access to information is generally free of charge. A fee may be charged where the request entails a particularly extensive amount of work, the request for access to information is excessive or notorious, unless there is a legitimate interest. If you incur costs, we will notify you in advance.

The exercise of these rights requires that you provide clear proof of your identity (e.g. by means of a copy of an identification card if your identity is otherwise unclear or cannot be verified). To assert your rights, you may contact us at the address indicated in section 2.

Right of rectification

You have the right to request the rectification of inaccurate or incomplete personal data about you.

Right to erasure

You have the right to request the erasure of your data under certain circumstances. Under this right, you may, for example, request the erasure of your data, provided this is no longer necessary for the purposes for which it was collected. You may also request erasure if we are processing data on the basis of your consent and you revoke this consent.

Please send your requests to:

AMAG Group Ltd
Legal & Compliance
Data protection
Alte Steinhauserstrasse 12
6330 Cham
Switzerland

Or by e-mail to privacy@amag.ch


Right of withdrawal

At all times, you have the right to withdraw your consent with effect for the future. Please send your right of withdrawal to: privacy@amag.ch

Complaints

Furthermore, every data subject has the right to assert his or her claims in a court of law or to lodge a complaint with the responsible data protection authority. The responsible data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch/edoeb/en/home.html).

In Liechtenstein the data protection authority of the Principality of Liechtenstein (www.datenschutzstelle.li) is responsible.

13. Amendments

We may amend this Privacy Policy at any time without prior notice. The applicable version of the Privacy Policy is the latest version as published on our website. If the Privacy Policy forms part of an agreement with you, we will notify you of any updates to it where this is possible without undue expense.