Terms and Conditions
- Scope
The General Terms and Conditions (GTCs) apply to the sale of vehicles and accessories (‘subject matter’) between the Seller and the Buyer based on a written agreement (‘Purchase Agreement’) which refers to these GTCs.
- Vehicle properties
Vehicle specifications described in the Purchase Agreement are subject to any production changes undertaken by respective plant. Specifications listed in the Agreement, in brochures, offers, order confirmations, etc. – in particular those concerning weights, dimensions, fuel consumption figures, operating costs, speeds, etc. – are to be understood as approximations. Auto Kunz AG does not guarantee that the used car complies with Body Index A (accident-free) as described by www.vfas.ch and has not been used or leased out for commercial passenger transport, unless this is noted in writing in the Agreement. For imported vehicles, model/equipment and engine variants might differ from the specifications of models imported by the main importer, and electronic components such as on-board computers, etc. might not be set to German. Such vehicles, including new cars, usually have been registered for a single day abroad.
- Commencement of warranty/guarantee
In accordance with the conditions/agreements on page 1 of the Agreement. If a manufacturer’s warranty has been agreed, the commencement date for the warranty on new cars or vehicles with a running manufacturer’s warranty shall not be the date the vehicle was first registered, but the date on which the warranty commences in the manufacturer’s system or, if applicable, the contractually agreed date of commencement of the warranty. Auto Kunz AG accepts no liability for the enforcement of warranty claims against the manufacturer or its contractual partners. The manufacturer or its contractual partners may attempt to obstruct or reject warranty claims.
- Change in the purchase price
The purchase price is binding for both parties and shall not change. The amount contractually agreed upon shall apply. There are to be no corrections to the price, e.g. neither because of price mark-ups or mark-downs, nor because of exchange rate changes, inflation, deflation, etc.
- Trade-in vehicle
The buyer expressly declares that there are no claims or retention of title by third parties on the vehicle being traded-in; the buyer bears risks concerning loss, damage or depreciation until the time the trade-in vehicle is handed over to Auto Kunz AG. The buyer confirms that the trade-in vehicle conforms to Body Index A as described by www.vfas.ch and that the kilometres shown on the odometer correspond to the actual kilometres driven. If, after handing over the trade-in vehicle, defects appear that were not recognized at the time the vehicle was handed over, Auto Kunz AG can claim compensation for the damage within a period of two years. The buyer shall be subsequently liable for such discovered defects. If the trade-in vehicle is not delivered, the buyer shall be subject to a penalty of 30% of the purchase price, however no less than 1,000.00 Swiss francs.
- Delay in delivery
The buyer shall accept delays in delivery of up to 150 days. After this accepted delay in delivery has expired, the buyer shall issue a reminder in writing, giving a period of grace of 60 days. If this period expires without satisfaction, the buyer can withdraw from this contract without incurring liability for damages. The contract may only be rescinded by registered letter. The buyer expressly waives any assertion for claims arising from delays in delivering the object of purchase; in particular there shall be no claims to a replacement vehicle.
- Non-acceptance or delay in acceptance
If the buyer delays accepting the object of purchase, Auto Kunz AG can a) insist on fulfilment and demand damages arising from the delay; or b) immediately refuse subsequent delivery and demand 20% of the sales price as a penalty. The Purchase Agreement constitutes an acknowledgement of debt on the part of the buyer and thus dismisses any appeal.
- Reservation of ownership
Auto Kunz AG is entitled to enter a reservation of ownership within the meaning of Article 715 of the Swiss Civil Code to the vehicle and its accessories in the official register kept by the debt enforcement office, until the purchase price – including any default interest and costs – has been paid in full.
- Auto Kunz AG’s entitlement to rescind the contract in the event of payment defaults after delivery
If any remaining purchase price is not paid in accordance with the contract, Auto Kunz AG has the right to rescind the contract. The compensation is calculated as follows: 25% of the purchase price for the devaluation of the vehicle for new and used cars, plus 2% of the purchase price per month and 25 centimes per kilometre driven from delivery of the vehicle.
- Reservation of consent.
If the underlying contract has not been concluded by authorised signatories of Auto Kunz AG, Auto Kunz AG may declare in writing within 20 days that it is not bound by the contract. Consequently, it shall not be liable for any compensation. Authorised signatories within the meaning of this approval are only those employees entered in the publicly accessible Commercial Register.
- Right to rescind following expiry of the reservation of consent.
If Auto Kunz AG is unable to deliver the vehicle through no fault of its own due to the supplier or manufacturer after the reservation period for consent, Auto Kunz AG shall explain the situation to the buyer in writing. In this case, Auto Kunz AG shall not be liable for any compensation.
- Provisions for the free service package
If Auto Kunz AG’s free service package is deemed part of the contract as described on the first page of this sales contract, the following provisions shall apply: Term: 3 years or 30,000km, whichever occurs first, beginning from the commencement date of the warranty. The scope of the service shall correspond to the manufacturer’s guidelines. Auto Kunz AG shall bear the costs for labour and materials, excluding all liquids and consumables. Additional and ancillary work will be invoiced separately. Servicing intervals must comply with the service booklet. There is an accepted tolerance for servicing appointment of 1 month and/or 1,000km. All work may only be carried out by Auto Kunz AG or by service partners listed separately. The free service package cannot be used in conjunction with other promotions or vouchers.
- Data Protection
Personal data is processed in accordance with data protection legislation. Personal data is stored and processed exclusively to provide individual support to the buyer, to send product information or to submit service offers. For a detailed explanation of the use of personal data by the seller, please refer to the Privacy Policy (an integral part of these Terms and Conditions). The Privacy Policy is published on the seller’s website.
- Vehicle registration fees and taxes
Fees and taxes for vehicle registration are invoiced separately by the competent authorities and are borne by the buyer. Auto Kunz AG is not jointly and severally liable for this.
- Written form
The parties agree to the written form as a requirement of validity for this contract and all its possible amendments and supplements.
- Legal venue
Any disputes arising from this contract and subsequent business relationships shall be heard in the domicile of Auto Kunz AG. The buyer expressly declares that he/she will submit to the jurisdiction agreed here, thereby waiving the buyer’s ordinary place of residence.
Location: Wohlen AG Date: ____17.9.2019______________
The buyer declares that he/she has read and understood all the terms of the contract and agrees with them.
Privacy Policy
The party responsible within the meaning of the data protection laws, in particular the EU’s General Data Protection Regulation (GDPR), is:
Your rights as a data subject
You can contact our data protection officer at any time to exercise the following rights:
- Right to access information about your data stored with us and whether it is processed (Article 15 GDPR),
- Right to the rectification of inaccurate personal data (Article 16 GDPR),
- Right to erasure of data stored with us (Article 17 GDPR),
- Right to restrict data processing unless we are legally not allowed to delete your data (Article 18 GDPR),
- Right to object to us processing your data (Article 21 GDPR), and
- Right to data portability, provided you have consented to data processing or have concluded a contract with us (Article 20 GDPR).
Consent granted can be revoked at any time, effective prospectively.
You can complain to a supervisory authority at any time, e.g. to the competent supervisory authority of the federal state in which you reside or to the authority responsible for us.
A list of supervisory authorities (for the non-public sector) with addresses can be found at https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
COOKIES
The nature and purpose of the processing
Like many other websites, we also use cookies, small text files that are stored on your end device (laptop, tablet, smartphone, etc.) when you visit our website.
These cookies provide us with certain data such as your IP address, the browser you use and the operating system.
Cookies cannot be used, however, to start programs or transfer viruses to a computer. The information contained in these cookies enables us to make navigation easier for you and to display our web pages correctly.
Under no circumstances will the data collected by us be passed on to third parties or linked to personal data without your consent.
Of course, you can also view our website without cookies. Internet browsers are regularly set up to accept cookies. In general however, you can deactivate the use of cookies at any time by changing your browser settings. Use your internet browser’s help functions to learn how to change these settings. However, please note that some functions on our website may not work if you have disabled the use of cookies.
Storage period and cookies used
Provided you allow us to use cookies through your browser or through your consent, the following cookies may be used on our websites:
1 week
Insofar as these cookies may (also) concern personal data, we will inform you of this in the following sections.
You can also use your browser settings to delete individual cookies or all cookies. You will also receive information and instructions on how to delete these cookies or block their storage in advance. Depending on your browser provider, you will find the necessary information under the following links:
REGISTERING ON OUR WEBSITE
The nature and purpose of the processing
When you register to use our personalised services, we collect some personal data from you, such as your name, address, contact and communication details (e.g. telephone number and email address). Registering with us provides you with access to content and services that we only offer to registered users. Registered users also have the option of changing or deleting the data that was provided during registration at any time. Of course, we will also provide you with information about the personal data we have stored about you at any time.
Legal basis
Data entered during registration is processed on the basis of the user’s consent (Article 6.1 (a) GDPR).
If registration is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, the additional legal basis for the processing of the data is (Article 6.1 (b) GDPR).
Recipient
Recipients of the data may be technical service providers who act as processors for the operation and maintenance of our website.
Storage period
Data will only be processed in this context given the corresponding consent. Thereafter, it will be deleted unless there are legal obligations to retain it. To contact us in this context, please find details provided at the end of this privacy policy.
Provision prescribed or necessary
When you provide us with personal data, you do so voluntary, based purely on consent. Without providing us with your personal data we cannot grant you access to our offers and services.
NEWSLETTER
The nature and purpose of the processing
Your data will only be used to send you the subscribed newsletter by email. Your name is entered in order to address you personally in the newsletter and, if necessary, to identify you if you wish to exercise your rights as a data subject.
Your email address is sufficient to receive the newsletter. When you subscribe to our newsletter, the data you provide will be used exclusively for this purpose. Subscribers may also be notified by email of circumstances relevant to the service or registration (e.g. changes in the newsletter offering or technical circumstances).
We require your email address for your registration to be effective. In order to verify that a registration is actually carried out by the true owner of an email address, we use what is called a double opt-in procedure. For this purpose, we log your request for the newsletter, the dispatch of a confirmation email and the receipt of a solicited response. No other data is collected. The data is used exclusively for dispatching the newsletter and will not be passed on to third parties.
Legal basis
On the basis on your express consent (Article 6.1 (a) GDPR), we will regularly send you our newsletter or comparable information by email to the email address you have specified.
You can revoke your consent to having your personal data stored and used to dispatch the newsletter at any time with effect for the future. In each newsletter you will find a corresponding link. You can also unsubscribe directly from this website at any time or inform us of your wish to revoke consent via the contact option given at the end of this privacy policy.
Recipient
Where applicable, the recipient of the data is the processor.
Storage period
Data will only be processed in this context given the corresponding consent. Afterwards the data will then be deleted.
Provision prescribed or necessary
When you provide us with personal data, you do so voluntary, based purely on consent. We cannot send you our newsletter without your consent.
CONTACT FORM
The nature and purpose of the processing
The data you enter will be stored for the purpose of personalised communication with you. For this purpose it is necessary to provide a valid email address and your name. This is used to assign the query and then answer it. Whether you enter other data is optional.
Legal basis
Data entered in the contact form is processed on the basis of a legitimate interest (Article 6.1 (f) GDPR).
Providing the contact form makes it easy for you to contact us. The information you provide will be stored for the purpose of processing your inquiry and for possible follow-up questions.
If you contact us to request an offer, the data entered in the contact form will be processed for the purpose of implementing pre-contractual measures (Art. 6.1 (b) GDPR).
Recipient
Where applicable, the recipient of the data is the processor.
Storage period
Data is deleted no later than 6 months after processing the request.
If a contract has been concluded, we are subject to the legal retention periods pursuant to the Commercial Code and delete your data after these periods have expired.
Provision prescribed or necessary
You provide us with your personal data on a voluntary basis. However, we can only process your query if you provide us with your name, email address and the reason for the query.
USE OF GOOGLE ANALYTICS
The nature and purpose of the processing
This website uses Google Analytics, a web analysis service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA (hereinafter: “Google”). Google Analytics uses “cookies”, i.e. text files placed on your computer to help the website analyse how users use the site. The information generated by the cookie about your use of this website will generally be transmitted to and stored by Google on servers in the United States. If IP anonymization is enabled on these websites, Google will previously truncate your IP address within member states of the European Union or other signatory states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google.
The purposes of data processing is to evaluate how visitors use the website and to compile reports on user activities on the website. On the basis of the use of the website and the Internet, other associated services can be rendered.
Legal basis
Data is processed on the basis of the user’s consent (Article 6.1 (a) GDPR).
Recipient
The recipient of the data is Google as the processor. For this purpose, we have concluded a corresponding processing contract with Google.
Storage period
The data is deleted as soon as it is no longer required for our recording purposes.
Transfer to third countries
Google processes your data in the USA and is subject to the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework.
Provision prescribed or necessary
When you provide us with personal data, you do so voluntary, based purely on consent. If you disable access, this may result in functional limitations on the website.
Revoking consent
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link. Browser add-on to deactivate Google Analytics.
In addition, or as an alternative, to the browser add-on, you can prevent tracking by Google Analytics on our pages by clicking on this link. This installs an opt-out cookie on your device. This prevents Google Analytics from collecting cookies for this website and for this browser in the future, as long as the cookie remains installed in your browser.
Profiling:
The Google Analytics tracking tool helps to evaluate the behaviour of the visitors to the website and to analyse their interests. For this purpose we create an anonymous user profile.
USE OF SCRIPT LIBRARIES (GOOGLE WEBFONTS)
The nature and purpose of the processing
In order to display our content in a way that is correct and graphically appealing across browsers, we use “Google Web Fonts” from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”) on this website to display fonts.
The privacy policy of the library operator – Google – can be found here https://www.google.com/policies/privacy/
Legal basis
The legal basis for the integration of Google Webfonts and the associated data transfer to Google is your consent (Article 6.1 (a) GDPR).
Recipient
Retrieving script libraries or font libraries automatically triggers a connection to the library operator. It is theoretically possible in this case for the operator to collect Google data. However, it is currently unclear whether and, if so, for what purposes this would be done.
Storage period
We do not collect any personal data through the integration of Google Web Fonts.
More information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy https://www.google.com/policies/privacy/.
Transfer to third countries
Google processes your data in the USA and is subject to the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework.
Provision prescribed or necessary
The provision of personal data is neither required by law nor by contract. However, it may not be possible to display the contents correctly using standard fonts.
Revoking consent
The programming language JavaScript is regularly used to display the contents. You can therefore object to data processing by deactivating JavaScript in your browser or by installing a JavaScript blocker. Please note that this may limit the functionality of the website.
USE OF GOOGLE MAPS
The nature and purpose of the processing
This website makes use of Google Maps. Google Maps is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter “Google”). This enables us to display interactive maps directly on the website and enables you to conveniently use the map function.
You can find out more about the data processing by Google by clicking the Google Privacy Policy. Here, you can use the data protection centre to change your personal data protection settings.
You can find detailed instructions on how to manage your own data in connection with Google products here.
Legal basis
The legal basis for the integration of Google Maps and the associated data transfer to Google is your consent (Article 6.1 (a) GDPR).
Recipient
When you visit the website, Google records that you have accessed the corresponding subpage of our website. This occurs regardless of whether Google has provided a user account that you have logged in to or whether there is no user account at all. If you are logged in to Google, your information will be directly associated with your account.
If you do not wish to be associated with your profile on Google, you must log out before activating the button at Google. Google stores your data as user profiles and uses them for advertising, market research and/or needs-based design of its website. In particular, such an evaluation is carried out (even for users who are not logged in) to provide demand-oriented advertising and to inform other social network users about your activities on our website. You do have the right to object to the creation of these user profiles, but must contact Google to exercise this right.
Storage period
We do not collect any personal data through the integration of Google Maps.
Transfer to third countries
Google processes your data in the USA and is subject to the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework.
Revoking consent
If you do not want Google to collect, process or use data about you via our website, you can deactivate JavaScript in your browser settings. In this case, you will not be able to use our website, or only to a limited extent.
Provision prescribed or necessary
When you provide us with personal data, you do so voluntary, based purely on consent. If you disable access, this may result in functional limitations on the website.
EMBEDDED YOUTUBE VIDEOS
The nature and purpose of the processing
We have embedded YouTube videos on some of our websites. The operator of the respective plug-in is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA (hereinafter “YouTube”). Visiting a page with the YouTube plug-in establishes a connection to YouTube servers. This tells YouTube which pages you are visiting. If you are logged in to your YouTube account, YouTube can assign your surfing behaviour to you personally. You can prevent this by logging out of your YouTube account beforehand.
When a YouTube video is started, the provider uses cookies to collect information about user behaviour.
Further information on the purpose and scope of data collection and the processing of data by YouTube can be found in the provider’s privacy policy, where you will also find further information on your rights in this regard and on setting options to protect your privacy (https://policies.google.com/privacy). Google processes your data in the USA and is subject to the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework
Legal basis
The legal basis for the integration of YouTube and the associated data transfer to Google is your consent (Article 6.1 (a) GDPR).
Recipient
Retrieving YouTube automatically triggers a connection to Google.
Storage period and revoking consent
If you have deactivated the storage of cookies for the Google Ad program, you will not have to reckon with such cookies when watching YouTube videos. However, YouTube also stores non-personal usage information in other cookies. If you wish to prevent this, you have to block the storage of cookies in the browser.
You will find further information on data protection at “YouTube” in the provider’s privacy policy at https://www.google.de/intl/de/policies/privacy/
Transfer to third countries
Google processes your data in the USA and is subject to the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework.
Provision prescribed or necessary
When you provide us with personal data, you do so voluntary, based purely on consent. If you disable access, this may result in functional limitations on the website.
GOOGLE ADWORDS
The nature and purpose of the processing
Our website uses Google Conversion Tracking. The operating company of Google AdWords services is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. If you have reached our website via an advertisement placed by Google, Google Adwords places a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google.
If the user visits certain pages on our site and the cookie has not expired, both Google and we can see that the use has clicked on the ad and was directed to that page. Each Google AdWords customer receives a different cookie. Cookies can therefore not be tracked via the websites of AdWords customers. The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers see the total number of users who have clicked on their ad and were redirected to a page with a conversion tracking tag. However, they will not receive any information that personally identifies users.
Legal basis
The legal basis for the integration of Google AdWords and the associated data transfer to Google is your consent (Article 6.1 (a) GDPR).
Recipient
Every time you visit our website, personal data, including your IP address, is transferred to Google in the USA. This personal data is stored by Google. Under certain circumstances, Google may share this personal information collected through the technical process with third parties.
Our company does not receive any information from Google that could be used to identify the individual concerned.
Storage period
After 30 days, these cookies are no longer valid and they are not used for personal identification.
Transfer to third countries
Google processes your data in the USA and is subject to the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework.
Revoking consent
If you do not wish to be tracked, you can refuse the automatic setting of a cookie required for this – for example via browser settings that generally deactivate the automatic setting of cookies or you can set your browser to block cookies from googleleadservices.com.
Please note that you may not delete opt-out cookies if you do not want measurement data to be recorded. If you have deleted all the cookies in your browser, you will have to set the opt-out cookie again.
Provision prescribed or necessary
When you provide us with personal data, you do so voluntary, based purely on consent. If you disable access, this may result in functional limitations on the website.
USE OF GOOGLE REMARKETING
The nature and purpose of the processing
This website uses the remarketing function from Google Inc. The company operating the services of Google Remarketing is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter “Google”).
This function is used to present interest-related advertisements to website visitors within the Google advertising network. A cookie is stored in the visitor’s browser which makes it possible to recognise the visitor when he/she visits websites that are part of the Google advertising network. When visiting these websites, the visitor sees advertisements that refer to contents which the visitor has retrieved earlier on web pages that use Google’s remarketing function.
Legal basis
The legal basis for the integration of Google Remarketing and the associated data transfer to Google is your consent (Article 6.1 (a) GDPR).
Recipient
Every time you visit our website, personal data, including your IP address, is transferred to Google in the USA. This personal data is stored by Google. Under certain circumstances, Google may share this personal information collected through the technical process with third parties.
Our company does not receive any information from Google that could be used to identify the individual concerned.
Revoking consent
According to the company’s own information, Google does not collect any personal data during this process. However, if you do not want Google’s remarketing to work, you can always disable it by selecting the appropriate settings at https://support.google.com/adwordspolicy/answer/143465. Alternatively, you can disable the use of cookies for interest-based Network Advertising Initiative by following the instructions at http://www.networkadvertising.org/managing/opt_out.asp.
Provision prescribed or necessary
When you provide us with personal data, you do so voluntary, based purely on consent. If you disable access, this may result in functional limitations on the website.
SSL ENCRYPTION
We use state-of-the-art encryption procedures (e.g. SSL) via HTTPS to protect the security of your data during transmission.
CHANGES TO OUR PRIVACY POLICY
We reserve the right to adapt this privacy policy to ensure that it always corresponds to current legal requirements, or to implement changes to our services in the privacy policy, e.g. when introducing new services. Subsequent visits to our website will then be subject to the new privacy policy.
QUERIES ADDRESSED TO THE DATA PROTECTION OFFICER
If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organisation directly:
Garage Auto Kunz AG
Bremgarterstrasse 75
CH-5610 Wohlen (AG)
- +41 56 622 13 43
info@autokunz.ch
This privacy policy was created with the help of activeMind AG, experts for external data protection (Version #2019-04-10).
Data protection
We cannot assume any liability for the security of data transmission on the Internet; in particular, the transmission of data by e-mail entails the risk of access by third parties. The use of contact data published in the Legal Notice by third parties for advertising purposes is expressly prohibited. The operator reserves the right to take legal action in the event of unsolicited advertising or information material being sent. Should individual provisions or formulations of this disclaimer be or become invalid, the content and validity of the remaining provisions shall remain unaffected.
The Auto Kunz AG privacy policy
Last revised: 23 July 2019
General information
The information provided below explains what we at Garage Auto Kunz AG do with your personal data when you visit our website. Personal data is all data with which can be used to identify you personally. If you provide us with personal data from other people (e.g. family members, colleagues at work), please make sure that these persons are aware of this privacy policy and only provide us with their personal data if you are allowed to do so and if this data is correct. Detailed information on the subject of data protection can be found in our privacy policy below.
Collecting and processing personal data
First and foremost, we process personal data that we collect in the course of our business relationship with our customers and with other persons involved in it, or that we collect from users during the operation of our websites, apps and other applications.
If permitted, we also make use of data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet), or receive such data from authorities and other third parties (e.g. commercial credit agencies, and lead buyers.
In addition to the information that you provide to us directly, the categories of personal information that we receive about you from third parties include, but are not limited to, information from public registers and information that we obtain in connection with administrative and judicial proceedings. Information about you gained in correspondence and meetings with third parties, creditworthiness information (insofar as we conduct business with you personally), information about you which we receive from persons around you (family, consultants, legal representatives, etc.) so that we can conclude or process contracts with you, or with your involvement (e.g. references, your address for deliveries, powers of attorney) information on compliance with legal requirements such as the fight against money laundering and export restrictions), information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services through you (e.g. payments made, purchases made), information about you from the media and the internet (insofar as is relevant to the situation at hand, e.g. as part of an application, media review, marketing/sales, etc.), your addresses and any interests and other socio-demographic data (for marketing), data in connection with the use of the websites (e.g. IP address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages retrieved and content, functions used, referring website, location information).
Purposes of the data processing and legal bases
We use the personal data collected by us primarily to conclude and process our contracts with our customers and business partners – in particular in the context of the buying and selling of vehicles, repairs, financing and leading with our customers – and in order to fulfil our legal obligations at home and abroad. If you are working on behalf of such a customer or business partner, you can of course also be affected in this function by submitting your personal data.
In addition, we also process personal data from you and other persons, in as far as this is allowed and is deemed appropriate by us, for the following purposes in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:
- Submitting offers and revising our offers, services and websites, apps and other platforms on which we are present;
- Communicating with third parties and processing their enquiries (e.g. applications, media enquiries);
- Reviewing and optimising procedures for a needs analysis to address customers directly, and collecting personal data from publicly available sources for the purpose of gaining new customers;
- Advertising and marketing (including organising events) provided that you have not objected to the use of your data. (If we send you advertising from us as an existing customer, you can revoke your consent at any time – we will the place you on a stop list to prevent you from receiving further advertising mailshots);
- Conducting market and opinion research, media monitoring;
- Asserting legal claims and defending against claims in connection with legal disputes and official proceedings;
- Preventing and clarifying criminal offences and other cases of misconduct (e.g. conducting internal investigations, analysing data to combat fraud);
- Safeguarding our operations, in particular IT, our websites, apps and other platforms;
- Providing video surveillance for the protection of our property rights and other measures to secure our IT, building and systems, to protect our employees and other persons and assets belonging or entrusted to us (e.g. access controls, network and mail scanners, telephone recordings).
If you have given us your consent to process your personal data for certain purposes (for example when you register to receive newsletters), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and we need one. Consent given consent can be revoked at any time. This, however, does not have any effect on data processing already carried out.
Cookies / Tracking and other technologies related to the use of our website
Sometimes our internet pages use cookies. Cookies do not damage your computer and do not contain any viruses. Cookies serve to make our offers more user-friendly, more effective and more secure. Cookies are small text files stored on your computer by your browser. Most of the cookies we use are so-called “session cookies”. These are automatically deleted at the end of your visit. Other cookies remain stored on your device until your device until you delete them. These cookies enable us to recognise your browser next time you visit us. You can set your browser in such way that you are informed about the setting of cookies and only allow cookies on an individual basis, or only accept cookies for certain cases, or generally deny access to cookies and automatically delete them when you close your browser. Deactivating cookies may limit the functionality of this website. Cookies that are necessary to run the electronic communication process or to provide certain functions you wanted (e.g. a shopping basket function) are stored on the basis of Article 6.1 (f) GDPR. The website operator has a legitimate interest is storing cookies to ensure that services provided run technically error-free and effectively. If other cookies (e.g. cookies to analyse surfing behaviour) are stored, these are treated separately in this privacy policy.
By using our websites and by consenting to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not want to do this, you need to adjust your browser or email program accordingly. If the settings cannot be adjusted, you might have to uninstall the app, or unsubscribe to the Newsletter.
We sometimes use Google Analytics or comparable services on our websites. This is a service provided by third parties who may be located in any country in the world (in the case of Google Analytics it is Google LLC in the USA, www.google.com) which we can use to measure and evaluate the (anonymised) use of the website. Permanent cookies set by the service provider are also used for this purpose. The service provider does not receive personal information from us (nor does it retain IP addresses), but it may track your use of the website, combine this information with information from other websites you have visited that are also tracked by the service provider, and use this information for its own purposes (e.g. steering advertising). If you have registered with the service provider yourself, the service provider will also know you. The processing of your personal data by the service provider is then the responsibility of the service provider based on its own privacy policy. The service provider merely informs us about how our respective website are used (there is no information about you personally).
We also use so-called plug-ins from social networks such as Facebook, Twitter, YouTube, Google+, Pinterest or Instagram on our websites. Each of these networks is displayed (typically through their corresponding symbols). We have configured these elements to be disabled by default. If you activate them (by clicking on the symbols), the operators of the respective social networks can register that you are on our website and where you are on the site, and can use this information for their purposes. The processing of your personal data is then the responsibility of the operator based on its own privacy policy. We do not receive any information about you from it.
Routing and transmitting data at home and/or abroad
In the context of our business activities and the purposes set out in Section 2, we also disclose information to third parties in as far as this is allowed and is deemed appropriate by us, be it because they are processing data on our behalf or because they want to use the data for their own purposes. This concerns in particular the following parties:
- Our own service providers (e.g. banks, insurance companies), including order processors (e.g. IT providers);
- Dealer, service partners, suppliers, subcontractors and other business partners;
- Customers;
- Domestic and foreign authorities, official bodies or courts;
- Media;
- The public, including visitors to websites and social media;
- Competitors, industry organisations, associations, organisations and other bodies;
- Other parties in pending or ongoing legal proceedings.
Period of retention for personal data
We will only store your personal information for as long as is necessary to fulfil the purposes set forth in this policy or purposes otherwise disclosed to you. This means that after you consent to our processing your personal data, we will retain the data for as long as the customer relationship continues (or, if applicable, until the warranty period expires), or until you revoke your consent. However, if you have revoked your consent, we may still continue to store certain personal information for as long as permitted by applicable law or to resolve any disputes. If we have not received your consent to the processing of data, personal data will only be stored for the duration permitted by applicable law.
Data security
By adopting all possible technical and organisational options we strive to save personal data in such a manner that the data cannot be accessed by third parties. If we communicate through unencrypted emails, complete data security cannot be guaranteed. We would therefore recommend using encrypted procedures or the postal route for confidential information.
Obligation to provide personal data
As part of our business relationship, you need to provide the personal information necessary to establish and conduct business to fulfil the contractual obligations associated with it. (You normally do not have a legal obligation to provide us with information.) Without this information, we will normally not be able to enter into or complete a contract with you (or with the body or person you represent). Even this website cannot be used if certain information to secure data traffic (such as an IP address) is not disclosed. We restrict access to your personal information to employees who need to process the information on our behalf and who are contractually obliged to keep your personal information secure and confidential.
Profiling and automated decision making
Some of your personal data is processed in an automated procedure which aims at evaluating certain personal aspects (profiling). We use profiling in particular to provide you with targeted information and advice on products. In doing so, we use evaluation tools that enable us to communicate and advertise according to need, including market and opinion research.
Generally speaking, we do not use fully automated decision-making procedures to establish and implement our business relationship or otherwise (as regulated in Article 22 GDPR). If we do use such procedures in individual cases, we will inform you of this separately, provided that this is legally prescribed. We shall also inform you of your rights connected with this.
Rights of data subjects
Within the framework of data protection law as it applies to you and to the extent envisaged by this law (such as in the case of the GDPR), you have the right to information, to the rectification and erasure of data, the right to restrict data processing and otherwise object to our data processing and to the publishing of certain personal data for the purpose of transferring it to another location (so-called data portability). Please note, however, that we, for our part, reserve the right to assert statutory restrictions, for example if we are obliged to store or process certain, if we have an overriding interest in it (to the extent that we are entitled to rely on this), or we need it to assert legal claims. In principle, a request for information is free of charge. If there is no legitimate interest, a fee may be charged for particularly heavy workloads, or for excessive or habitual requests for information. If costs are to be incurred for you, we will inform you in advance. In Section 2, we informed you of the possibility of revoking your consent. Please note that exercising these rights may conflict with contractual agreements and can have consequences, such as the premature termination of the contract, or costs. We will inform you in advance if this is not already stipulated in the contract.
In exercising such rights, you will be required to clearly prove your identity (e.g. by a copy of your personal ID card if your identity is otherwise not clear or cannot by verified). In order to assert your rights you can contact us at the address given in Section 2.
Each data subject also has the right to take legal action to assert claims or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch). In Liechtenstein it is the Liechtenstein Data Protection Commission (www.datenschutzkommission.li).
Additional data protection conditions for courtesy and rental vehicles
As a driver of an Auto Kunz AG vehicle, you grant Auto Kunz AG the right to use the following data – in anonymised form – to help improve our service.
During the contract period, we receive information from the vehicle tracker about kilometre stand, routes travelled and location. We are entitled to use the data to improve our offers, but undertake to make it anonymous and to treat it confidentially in dealings with third parties. By making use of the service, customers agree to the processing of their data.
In particular, the following data is managed and gathered by Auto Kunz AG:
- Personal data (name, address, date of birth, gender, etc.)
- Data relevant to the application (email address, telephone number, driving licence details, payment details)
- Data relevant to the contract (term, vehicle, outstanding debts, reminders, credit balance)
- Driving behaviour (routes, location, kilometres driven)
- Incidents (accidents, occurrences, damage, traffic violations)
Such data is managed in an internal database and can be inspected on request.
Amendments
We may amend this privacy policy at any time without notice. The latest version published on our website shall apply. If this privacy policy is part of an agreement with you, we will notify you of any amendments by email or other appropriate means if it is updated.
