DATA PROTECTION DECLARATION

DATA PROTECTION DECLARATION DATED OCTOBER 1, 2023 OF ABT AUTOMOBILE AG WITH REGISTERED OFFICE IN MUTTENZ.

This data protection declaration also applies to Abt Automobile AG in Liestal, Abt Automobile AG in Reinach and our body shop in Reinach.

 

Our highest standards for the quality of our products and services are reflected in our handling of your data. Our main objective is to establish and maintain a trusting business relationship with our customers and interested parties. The security and confidentiality of your personal information is particularly important to us. We are therefore committed to processing and using your data with the utmost care, in compliance with your consent and in accordance with the applicable data protection laws.

 

In the following sections of our data protection guidelines, we explain how Abt Automobile AG collects, processes and uses the personal data of its customers and interested parties.

 

For information on our data protection measures, please contact us in writing:

 

Abt Automobile AG
Data Protection Department
St. Jakob-Strasse 72
4132 Muttenz

 

We take extensive measures to ensure the protection of your data. These include the use of the services of a data protection expert, the creation of a data processing register, continuous training of our employees in the area of data protection and their binding commitment to data protection. In addition, we carry out thorough checks on our service providers and conclude order processing contracts with them.

 

  • Data security and storage
  • Personal data that is processed
  • Data collection (website & social media)
  • Data transfer to third parties and abroad
  • Data origin and collection 4
  • Our function as a processor
  • Responsibilities
  • Changes to the privacy policy

1. DATA SECURITY AND STORAGE

DATA SECURITY

Our measures to protect your personal data include appropriate technical and organizational security precautions. We take into account the current state of the art, the risk of data processing and the associated investment costs. Our orientation is not only in accordance with the requirements of the Swiss Data Protection Act, but also in compliance with the provisions of the Data Protection Regulation. The main objective of these measures is to prevent data protection violations, such as unauthorized access and misuse of your data. We also require our processors to take appropriate technical and organizational security precautions.

 

Please note that communication by email is generally unencrypted. There is therefore a risk that data may be lost during transmission or intercepted and/or manipulated by unauthorized third parties, for example to alter the authenticity of the messages. We take appropriate technical and organizational measures to minimize such risks within our system.Trotz unserer Bemühungen können wir jedoch nicht garantieren, dass die Vertraulichkeit Ihrer Daten bei der Übertragung per E-Mail gewährleistet ist. Dies gilt insbesondere für die Übertragung besonders schützenswerter personenbezogener Daten. In solchen Fällen bitten wir Sie, uns nicht per E-Mail zu kontaktieren, sondern im Voraus einen sicheren Kommunikationskanal mit uns zu vereinbaren.

 

It should also be noted that external end devices such as PCs, smartphones and parts of the infrastructure involved in the transmission are beyond our control. Therefore, we cannot accept any liability for any consequences and damages resulting from the electronic exchange of information, in particular in the event of misuse of the e-mail system. We reserve the right to claim any intentional damage that we may suffer as a result of the electronic exchange of information with you. In individual cases, we also reserve the right not to reply to e-mails or to take additional security measures for orders or information sent by e-mail.

 

DATA RETENTION

We store and process your personal data for as long as is necessary to fulfill our contractual obligations and legal requirements or to achieve the intended purposes of data processing. This may take the entire duration of our business relationship, from the initiation to the execution and termination of a contract or order. In addition, we may store personal data in accordance with the statutory retention and documentation regulations. It is possible that we may retain personal data for a period during which potential claims could be asserted against our company. This may also be the case if required by law or if legitimate business interests require such retention, for example for reasons of evidence and documentation.

2. PERSONAL DATA THAT IS PROCESSED

2.1 Customer data

Personal data includes all information relating to an identifiable natural person. As part of our activities, we process the types of personal data listed below, whereby additional personal information may also be processed:

  • Customer number
  • employer
  • First name & surname
  • Title
  • Information from the ticket such as date of birth, gender, etc.
  • Telephone number
  • Address (street and town)
  • Cell phone numbers
  • Telephone numbers
  • Nationality
  • Payment methods
  • Bank details
  • Billing address
  • Vehicle-related information
  • License plate information
  • All vehicle information that we can read out
  • Social media contact details
  • Any registered CRM information such as interest in golf, dogs, etc.

2.2 Contract/communication data

Contract-related information includes all data that arises in connection with the processing of contracts, including all communication data between you and us, whether via the contact form, e-mail, telephone, chat, in writing or in any other way, we collect the information that is exchanged during this interaction. This includes in particular:

  • Contract processing and administration details (e.g. contact details, services provided, payment details, sales details per customer)
  • Creditworthiness and identity information: Data to establish your identity, e.g. driving licenses or registration certificate part 1; in addition, information on transactions, any payments not made to us; plus information on cases of fraud, criminal acts, suspicious transactions, politically exposed persons and sanctions lists in which your data is included.
  • Creditworthiness and bank data: Wages, housing costs, disposable income, payment history, balance sheets, data from credit agencies, score values, financial circumstances, account details, credit card number, etc.
  • Data in connection with applications for positions in our company: CVs, references, certificates
  • Data on any complaints, claims or contract amendments
  • Details on contract initiation and conclusion: contract type, date
  • Financial information: Reminders, debt collection procedures, debt enforcement, credit checks
  • Interests: Information provided by you about your areas of interest, e.g. the vehicles you are interested in, preferred BMW partner, hobbies and other personal preferences.
  • Information from interactions with our customer service or other contact persons
  • Contact details: Name, address, telephone number, e-mail address.
  • Use of BMW apps and services: Information about your use of BMW apps (on your mobile device) and BMW ConnectedDrive services.
  • Use of websites and communications: information about how you use the website and whether you open or forward communications from us, including data collected via cookies and other tracking technologies
  • Transaction and interaction data: Information about purchases of products and services, interactions with BMW Customer Care (your inquiries and complaints) and BMW partners, and participation in market research studies.
  • Information on vehicle functions and settings: Information about the functions and current settings of your vehicle (identified by the vehicle identification number), e.g. BMW TeleServices, BMW ConnectedDrive services with BMW Online and My Info or BMW CarData.

2.3 TECHNICAL DATA/VEHICLE OPERATING DATA

If you visit abtautomobile.ch and the subpages to be found on it or use our networks (e.g. WLAN), we collect certain technical information, including:

Control units process data to operate the vehicle.

This includes, for example:

  • Vehicle status information (e.g. speed, motion deceleration, lateral acceleration, number of wheel revolutions, seat belt buckle indicator)
  • Environmental conditions (e.g. temperature, rain sensor, distance sensor).
  • As a rule, this data is volatile and is not stored beyond the operating time and is only processed in the vehicle itself. Control units often contain data memories (including the vehicle key). These are used to temporarily or permanently document information on vehicle condition, component stress, maintenance requirements and technical events and faults.
  • Depending on the technical equipment, the following are stored
  • Operating states of system components (e.g. fill levels, tire pressure, battery status),
  • Malfunctions and defects in important system components (e.g. lights, brakes)
  • Reactions of the systems in special driving situations (e.g. deployment of an airbag, activation of the stability control systems)
  • Information on vehicle-damaging events
  • In the case of electric vehicles, charge status of the high-voltage battery, estimated range.

In special cases (e.g. if the vehicle has detected a malfunction), it may be necessary to store data that would actually only be volatile.

If you make use of services (e.g. repair services, maintenance work), the stored operating data can, if necessary, be read out and used together with the vehicle identification number. The data can be read out from the vehicle by employees of the BMW partner or third parties (e.g. breakdown services). The same applies to warranty cases and quality assurance measures.

The readout is usually carried out via the legally required connection for OBD (“on-board diagnostics”) in the vehicle. The operating data read out documents the technical status of the vehicle or individual components and helps with fault diagnosis, compliance with warranty obligations and quality improvement. This data, in particular information on component stress, technical events, operating errors and other faults, is transmitted to BMW for this purpose together with the vehicle identification number if necessary. BMW is also subject to product liability. BMW also uses operating data from vehicles for this purpose, for example for recalls. This data can also be used to check the customer’s warranty and repair claims.

Fault memories in the vehicle can be reset by a service company as part of repair or service work or at your request.

Comfort and infotainment functions You can save comfort settings and customizations in the vehicle and change or reset them at any time.

Depending on the respective equipment, these include, for example:

  • Seat and steering wheel position settings
  • Chassis and air conditioning settings
  • Individualizations such as interior lighting.

You can enter data into the vehicle’s infotainment functions yourself within the scope of the selected equipment. Depending on the respective equipment, this includes, for example:

  • Multimedia data, such as music, movies or photos for playback in an integrated multimedia system
  • Address book data for use in conjunction with an integrated hands-free system or an integrated navigation system
  • Navigation destinations entered
  • Data on the use of Internet services.

This data for convenience and infotainment functions can be stored locally in the vehicle or on a device that you have connected to the vehicle (e.g. smartphone, USB stick or MP3 player). If you have entered data yourself, you can delete it at any time.

This data is only transmitted from the vehicle at your request, in particular when using online services in accordance with the settings you have selected.

  • Smartphone integration e.g. Apple car play If your vehicle is equipped accordingly, you can connect your smartphone or other mobile device to the vehicle so that you can control it using the vehicle’s integrated controls. The image and sound of the smartphone can be output via the multimedia system. At the same time, certain information is transmitted to your smartphone. Depending on the type of integration, this includes, for example, position data, day/night mode and other general vehicle information. Please refer to the operating instructions for the vehicle/infotainment system. The integration enables the use of selected smartphone apps, such as navigation or music playback. There is no further interaction between the smartphone and the vehicle, in particular active access to vehicle data. The type of further data processing is determined by the provider of the app used in each case. Whether and which settings you can make depends on the respective app and the operating system of your smartphone.

  • Online services If your vehicle has a mobile network connection, this enables the exchange of data between your vehicle and other systems. The mobile network connection is made possible by the vehicle’s own transmitter and receiver unit or via a mobile device (e.g. smartphone) that you have brought into the vehicle. Online functions can be used via this mobile network connection. These include online services and applications/apps provided to you by the manufacturer or other providers.
  • BMW online services In the case of BMW online services, the respective functions are described by BMW in an appropriate place (e.g. Owner’s Manual, BMW Driver’s Guide app, BMW websites) and the associated data protection information is provided. Personal data may be used for the provision of online services. The data exchange for this purpose takes place via a protected connection, e.g. with the BMW IT systems provided for this purpose. Any collection, processing and use of personal data that goes beyond the provision of services takes place exclusively on the basis of legal permission, e.g. in the case of a legally required emergency call system, a contract or on the basis of consent. You can activate or deactivate the services and functions (some of which are subject to a charge) and in some cases also the entire mobile network connection of the vehicle. Excluded from this are – as far as technically possible – legally required functions and services, such as an emergency call system.
  • Third-party services If you make use of the option to use online services of other providers (third parties), these services are subject to the responsibility as well as the data protection and terms of use of the respective provider. BMW has no influence on the content exchanged in this context.
Therefore, please obtain information about the type, scope and purpose of the collection and use of personal data in the context of third-party services from the respective service provider.
  • Vehicle location data: Information about the location of your vehicle or mobile device. BMW may receive this data in the course of providing the BMW ConnectedDrive services and the BMW Connected app and uses it in accordance with the detailed service descriptions of the respective services and the security precautions for location data.

 

2.4 AUDIOVISUAL RECORDINGS

We occasionally create photos, videos and audio recordings in which you may be seen or heard. This may be the case in the following locations in particular:

 

  • In the security camera area
  • training courses
  • events
  • exhibitions

 

These video recordings may provide us with information about your behavior in the relevant situations. Please note that the use of video surveillance systems is locally limited and will be marked accordingly.

 

2.5 BEHAVIORAL DATA

When you visit our website, purchase products, use our services, participate in events, competitions or similar events and interact with our infrastructure, we generally collect data about these interactions. This includes in particular

 

  • Your interactions with our social media profiles.
  • Your behavior and use of our websites, including pages visited, time spent and links clicked.
  • Your participation in competitions, prize draws and similar activities.
  • The use of electronic communications from us, such as opening emails or clicking on links.
  • Information about the purchase of vehicles, parts or accessories in our branches or online stores.
  • Participation in events, including the date, location and type of event.
  • Use of our Wi-Fi networks, including date, time and duration of connection, Wi-Fi network location and data volume.

 

This data enables us to tailor our offers and services to your interests and preferences, possibly in conjunction with other data, in particular technical data (see section 3.5). This allows us to draw conclusions about your characteristics, preferences and likely behavior (sometimes referred to as “profiling”, see section 9). For example, we can infer your affinity for certain products and services or identify the preferences of segments (groups of people). This data may be used in both personally identifiable (e.g. for personalized advertising) and non-personally identifiable (e.g. for market research and product development) ways

3. DATA COLLECTION

Data collection on our website and social media is an important part of our business practices. We want to be transparent about what data we collect and where it is collected. Below you will find an overview of the places and platforms where data may be collected:

 

  • Marketing: your contact details will be used for marketing purposes, we will provide detailed information about this in writing
  • Websites: When you visit our website, we collect usage data, contact data, vehicle data and information about your interests; we provide detailed information about this in written form
  • Analytics and Tag Manager: We actively use the Tag Manager from Adobe and Google, we use analysis tools such as Google Analytics to measure website usage and to collect and further process data, detailed information on this is provided in writing
  • Messenger apps: We use WhatsApp in sales and customer service and with business numbers of the respective employees, detailed information on this is provided in writing
    Pixels, plug-ins and cookies: Our website collects usage data that can identify your browser and uses cookies. We also use social media platforms and plug-ins from third parties; detailed information on this is provided in writing; detailed information on this is provided in writing
  • Appointment booking (offline and online): When booking services, we collect the necessary data; we provide detailed information on this in writing
  • Newsletter: We use the tool recommended by BMW Switzerland for sending newsletters, the respective data protection guidelines are taken into account, detailed information on this is provided in writing

4. DATA TRANSMISSION TO THIRD PARTIES

In the course of our business activities and in accordance with the aforementioned purposes, we may share information with various categories of recipients. This includes the following categories in particular:


Service provider partnerships: We maintain collaborations with service providers in Switzerland and abroad who regularly process personal data on our behalf. These partners act in the role of “agents” and are obliged to handle personal data in accordance with our instructions and to take appropriate security measures. These include:

 

  • IT providers and IT service providers, such as data storage/hosting, cloud services, sending email newsletters/text messages and data analysis.
    Car manufacturers and suppliers and related companies.
    Body manufacturers.
    Shipping companies, freight forwarders and logistics partners.
    Service providers for printing services.
    Advertising and marketing service providers, including mailing of communications and information.
    Service providers for business administration tasks such as accounting or asset management.
    Payment service providers.
    Event management service providers.
    Service providers for secure document destruction.
  • Responsibility: In certain cases, these service providers are responsible for data processing either jointly with us or independently. This may be the case in particular if you have given us your express consent or if we are legally obliged or entitled to pass on data. These cases include


Cooperation with car manufacturers and suppliers or leasing companies in order to carry out joint marketing activities or operate an online store for accessories.

  • Cooperation with car manufacturers and suppliers or leasing companies to carry out joint marketing activities or operate an online store for accessories.
  • Cooperation with advertising providers on our website, including Google, Facebook and other platforms.
  • Business relationships with banks and insurance companies.
  • Cooperation with consulting service providers such as external auditing companies, tax consultants, lawyers, management consultants and recruitment agencies.
  • Involvement of debt collection agencies in certain cases.
    Use of credit and credit agency services.
  • Use of address verification services.
  • Cooperation with courts and authorities in Switzerland and abroad, including the road traffic authorities and criminal prosecution authorities in the event of suspected criminal acts.


This cooperation may mean that certain third parties are given access to personal data. Service providers and certain contractual partners acting on our behalf may be contractually obliged not to use the data for their own purposes. Other third parties such as financial service providers, insurance companies or authorities use the data for their own purposes, such as compliance with legal requirements, which is why we cannot restrict this processing.

5. DATA ORIGIN AND COLLECTION

In most cases, the personal data that we process is provided by you. This happens, for example, in the context of our services, the use of our website or communication with us. If you wish to conclude contracts with us or make use of our services, it is necessary for you to provide certain data. This also applies to the use of our website. In addition, you may be required by law to provide data in order to comply with legal requirements. Otherwise, you are free to provide us with data about yourself.

 

Furthermore, we may also receive data from third parties, in particular from our service providers, contractual partners, financial service providers, insurance companies and manufacturers or importers. We may also obtain data from publicly accessible sources, such as websites, company registers, land registers, commercial registers, credit agencies, address dealers, associations and telephone directories. We can also access data from internet analysis services

6. OUR FUNCTION AS DATA PROCESSOR

In certain services offered by us, we assume the role of a data processor. In such cases, it is necessary to conclude a special data processing agreement with us; we will provide detailed information on this in writing.

7. RESPONSIBILITIES

If you have any questions or concerns regarding data protection or your data protection rights, please do not hesitate to contact us.

 

Please note that the collection and processing of personal data by the importer or manufacturer and the collection of data by vehicles and corresponding apps in the vehicle or on your cell phone are the responsibility of the importer or manufacturer. The collection and processing of your data by the importer or manufacturer takes place, for example, when you configure your vehicle with us or request a quote, purchase a vehicle or make use of services (maintenance, repair, warranty, goodwill, connected services, etc.), use a connected vehicle or take part in one of our studies or satisfaction surveys.

 

For more information on the collection and processing of personal data by the importer or manufacturer, please refer to the relevant BMW privacy policy: www.bmw.ch

8. CHANGES TO THE PRIVACY POLICY

The privacy policy may be amended at any time. The version published on this website is the currently valid version.