AMAG app 
Privacy Policy 

Valid from 20 March 2024

In this Privacy Policy we, AMAG Automobil und Motoren AG, Alte Steinhauserstrasse 1, 6330 Cham (“AMAG”) and autoSense Ltd, Badenerstrasse 141, 8004 Zurich (“autoSense”), explain how we process your personal data in relation to your usage of the AMAG app and the provision of related services by AMAG (“AMAG Service”, see GTC AMAG app, Part A) and by autoSense (“autoSense Service”, see GTC AMAG app, Part B).

The responsible and legally compliant handling of your personal data is important to us. We comply with applicable law at all times, in particular the Swiss Data Protection Act.

1. Processing of personal data 

Personal data means any information concerning an identified or identifiable person (hereinafter referred to as “Data Subject”). Processing means any operation involving personal data, including in particular collection, recording, storage, use, alteration, disclosure and erasure.

We process personal data concerning you and other non-personal data that we receive from you or collect concerning you in relation to usage of the AMAG app and that we require in order to provide our services. 

Data processing by AMAG (in relation to the AMAG Service, see GTC AMAG app, Part A): 

  • Data collected in relation to the installation of the AMAG app and registration in the AMAG app (form of address, first name/last name, e-mail address, mobile telephone number, correspondence language)

  • Other data (adapter serial number, mileage, vehicle identification number, fault codes [DTC codes], engine warnings, service and oil change interval, battery voltage, fuel level or battery charge level for electric vehicles)

  • Payment information (incl. credit card data, fuel card data, charge card data)

  • AMAG Service (preferred dealer, customer postcode) 

The following personal data may be processed after anonymisation (i.e. the data can no longer be attributed to a particular user) for statistical analysis: 

  • Vehicle speed in km/h

  • Driving behaviour 

If you use the AMAG Service without an adapter (freemium version), only some of the above-mentioned data will be processed.

Data processing by autoSense (in relation to the autoSense Service, see GTC AMAG app, Part B):

  • Data collected in relation to the installation of the AMAG app and registration in the AMAG app (form of address, first name/last name, e-mail address, address, number of the mobile device on which the AMAG app is installed, nationality [only for Wi-Fi], date of birth [only for Wi-Fi], copy of identity document [only for Wi-Fi])

  • Vehicle data (GPS position of the vehicle, driving behaviour of the client or the person driving the vehicle such as speed deviations, sharp curves, abrupt acceleration and braking)

  • Trip data (information on trips made such as start and end points, trip length, time travelled, etc.)

  • Vehicle error messages (engine faults, DTC codes, service data)

  • Other vehicle data (vehicle identification number, fuel type, fuel level, battery charge status, mileage, battery status, vehicle model, mass and weight)

  • Information concerning the adapter (IMEI, serial number, hardware version, signal strength)

  • IMSI of the SIM card inserted into the adapter

  • Data concerning data connections via the SIM card (date, time, duration, data volume [upload and download]) 

  • Information concerning the mobile device on which the AMAG app is installed (device ID, manufacturer, type and version of operating system, language, version of the AMAG app)

  • Other data (contract data, customer activity data such as information on the purchase of data packages and use of the Customer account, evaluations)

If you use the AMAG Service without an adapter (freemium version), only some of the above-mentioned data will be processed.

Our app uses Google Consent Mode, a function of Google, to ensure compliance with data protection regulations and cookie consent regulations. Google Consent Mode enables us to take into account the consent settings of our users, especially in connection with the use of Google products such as Google Analytics and Google Ads. Google Consent Mode works by collecting information about whether you have consented to the use of cookies and other tracking technologies on our app. Based on this information, Google Analytics will collect and send data from your current session or not. If you have not consented to the use of cookies, no information about your online activities will be passed on to Google Analytics or Google Ads.

2. Purposes of data processing and legal bases

We process your personal data exclusively for purposes relating to usage of the AMAG app and the services provided through it. These include: 

  • Establishing and performing the contract with you 

  • Providing and refining the services, including specifically the guarantee of a high quality of service, as well as the security of operation and infrastructure

  • Complying with legal requirements to which we are subject according to the applicable law 

  • Maintaining customer relationships

  • Invoicing and payment processing

  • Upholding our legitimate interests and those of third parties, including in particular our business interest in being able to provide our services and operate the related applications as well as the enforcement of our legal claims 

In addition, we also process your personal data for the following purposes, where we have a legitimate interest that is commensurate with the purpose:

  • Creating, maintaining and developing our products, services and websites, apps and additional platforms on which we are present

  • Reviewing and optimising procedures to conduct needs analyses for the purpose of approaching customers directly 

  • Advertising and marketing, provided that you have agreed to the use of your data for this purpose (see below, you may object to this use at any time) 

  • Market and opinion research, media monitoring 

  • Asserting legal claims and defences in connection with legal disputes and official proceedings 

  • Preventing and investigating criminal acts and other misconduct (e.g. conducting internal investigations or data analyses for the prevention of fraud) 

  • Assuring our operations, in particular IT, our websites, apps and other platforms 

If you have given us consent to process your personal data for specific purposes, we will process your personal data within the scope of and based on this consent, unless we have any other legal basis or require such a basis. Any given consent may be withdrawn at any time, although this will not have any effect on data processing that has already been completed.

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

We share your personal data with the following third parties involved in order to be processed for the purposes referred to in Section 2, insofar as necessary for the provision of our services: 

  • AMAG Group Ltd, subsidiaries and companies under majority ownership of the AMAG Group (“AMAG Group”) 

  • autoSense (disclosure by AMAG)

  • AMAG (disclosure by autoSense)

  • Service partners and other partners (subject to your prior consent, see GTC AMAG app)

  • Service providers, suppliers, subcontractors and other business partners 

  • Agencies or courts in Switzerland and abroad (in particular the provision of information at their request in accordance with statutory provisions) 

If we transfer data to a country that does not have adequate data protection, we will provide an adequate level of protection, as prescribed by law, through use of the appropriate contracts and suitable technical and organisational measures or will base our actions on the statutory exceptions.

The countries to which we transmit personal data are: Sweden, Austria and France, Ireland.

3.1 Google Maps

Our websites may integrate the map service Google Maps from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter "Google"). By integrating Google Maps, a direct connection is established between Google's servers and your browser. This enables the display of the Google Maps map. By integrating and using the Google Maps map, your IP address as well as information on the use of the maps by your browser is transmitted to Google for independent data processing. In addition, Google processes the search terms you enter on the Google Maps map (e.g. city, postcode or name of retailer) as well as your current location, provided you have given your express consent via the Google Maps application. In addition, the Google Maps map also integrates so-called Google Fonts. These are fonts from Google. To display the Google Fonts on the Google Maps map, a connection is also established from your browser to the Google server and your IP address is transmitted by your browser to Google for independent data processing. Further information on data processing and possible transfers of personal data to third countries (e.g. USA) by Google can be found in Google's privacy policy (Privacy Policy - Privacy Policy & Terms of Use - Google). 

4. Retention period

We process and store your personal data for as long as this is required for the purposes pursued by processing or to meet our contractual and statutory obligations, and apart from that in accordance with the statutory obligations regarding retention and documentation. 

In addition, we reserve the right to retain your personal data for the period during which claims may be asserted against us (in particular for the duration of the statutory limitation period) or if 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 are no longer required for the purposes indicated above, they 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). In the event of retention for a longer period, we will restrict processing as far as possible. 

5. Data security 

We take appropriate technical and organisational measures to protect your personal data against unauthorised access and misuse. These include, inter alia, issuing directives and providing training, IT and network security solutions (e.g. encryption of data carriers and data transmissions), monitoring and restrictions of physical and logical access as well as pseudonymisation. 

6. Rights of the Data Subject 

Where applicable, you have the following rights under the applicable data protection law:

  • Right of access and to rectification and erasure 

  • Right to restriction of processing 

  • Right to object to data processing by us

  • Right to the surrender of personal data for the purpose of transfer to another entity (data portability). 

In order to exercise the right of access, you must clearly establish your identity. In order to do so, please send us a copy of official photographic identification. 

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 (in particular also in the event of repeated requests for information), unless there is a legitimate interest. If you incur costs, we will notify you in advance. 

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 supervisory authority. The responsible data protection supervisory authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch). In Liechtenstein, the Liechtenstein Data Protection Commission (www.datenschutzstelle.li/) is responsible.

Please use the following details to contact us in order to exercise your rights: 

AMAG (in relation to the AMAG Service, see GTC AMAG app, Part A):

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

E-mail to: privacy@amag.ch

 

autoSense (in relation to the autoSense Service, see GTC AMAG app, Part B):

E-mail to: privacy@autosense.ch

Our representative in the EEA in accordance with Art. 27 of the GDPR is: AMAG (Vaduz) AG, Austrasse 37, LI-9490 Vaduz.

 

7. Amendments 

We may amend this Privacy Policy at any time without prior notice. The version, as amended from time to time, that is published in the AMAG app and on our website is applicable.