Data Protection Information The Motor Chain
Effective date 01.03.2023
1. Introduction
1.1 Please read these terms of use (“Terms of Use”) carefully before using this website (“Website”) or the mobile application (the “App”). Accessing and using the Website or the App indicates that you accept and agree to comply with the Terms of Use. If that is not the case, do not use the Website or the App.
1.2 The Website and App The Motor Chain (“The Motor Chain”, the “Platform”) is operated and the Terms of Use are issued by MARKETINGLINK GmbH, Lidostrasse 5, 6006. Lucerne. Switzerland (“The Motor Chain”, “TMC”, “We”, “Us”, “Our”).
1.3 TMC may at any time revise these Terms of Use. You are bound by any such revision and should therefore periodically visit this page to review the then current terms to which you are bound.
1.4 The following information informs you which personal data we collect when you use The Motor Chain and how we handle this data. You can access this data protection information at any time under the “Data Protection Information” section of the Platform.
2 What data does The Motor Chain process?
The Motor Chain is a platform for vehicle owners and interested parties of vehicles and their maintenance, certification and documentation. In principle, you can visit the Platform without registering and actively providing us with personal data. In this case we only collect the following data:
File name of the page or file or information you enter (for example, query parameters in the URL);
File name of the page from which the current page or file was requested;
Date and time of the request;
Amount of data transferred;
Access status (page transferred, page not found, etc.);
Type and operating system of the web browser used;
IP address of the client and, if applicable, its domain name or the name of the Internet service provider;
Statistics on page views, traffic data and advertising data (each via cookies – see below under cookies).
3 Registration with The Motor Chain
If you decide to actively use the Platform, registration is required, during which we collect the following data from you:
As a vehicle owner: e-mail address and password, first name, last name, city, country and either of the these documents: ID card, driver license passport, credit card, utility bill
As a provider: e-mail address and password, first name, last name, city, country and either of the these documents: ID card, driver license passport, credit card, utility bill
As vehicle buyer: e-mail address and password, first name, last name, city, country and either of these documents: ID card, driver license passport, credit card, utility bill.
4 Data you enter at The Motor Chain
4.1 As a user of the vehicle register function: information about the type of vehicle (make, model, manufacture date, first registration, mileage, chassis number, engine number, vehicle number, license number, photos, bodywork color and comparable data).
As a user of the vehicle documentation function: Information about the history of the vehicle (maintenance, service invoices, ownership changes, certifications, prizes, race results, exhibitions, photos, official inspections documents, vehicle registration documents, accident reports, repairs invoices, restoration photos comparable data)
As a user of the alarms function: information on vehicle’s maintenance and due services.
As a user of the glove box function: Information about vehicle service providers (insurers, spare parts providers, workshops and comparable data).
As a user of the notebook function: Information about vehicle defects, due repairs and comparable data.
As a user of contact forms: Title, first and last name, address, e-mail address and telephone number and other contact details.
As a subscriber to newsletters and mailings: e-mail address and, if given by registration as a provider, first and last name for the salutation, further data such as postal code for playing local offers, as well as further personalization based on consumer behavior (e.g. search history, advertisement content); In order to be able to design our newsletter optimally according to your interests and wishes, the clicks on the links in the e-mail newsletter are registered and stored.
As a participant of raffles in the context of online surveys: We record salutation, first and last name and e-mail address for the purpose of the raffle.
As a participant of user tests, recruited via online surveys: We record salutation, first and last name and e-mail address for the purpose of contacting.
As a participant of online surveys:
The evaluation of our surveys is always pseudonymized.
However, for quality assurance purposes or for special analyses of specific customer groups (e.g. the comparison of customers who have booked different products), a mapping of the answers from a survey to personal information such as contract data or product usage data is carried out in individual cases. Your data from the surveys will also be aggregated in these cases, i.e. only evaluated together with the answers of other participants from a customer group.
Depending on which feature you use which function of the Platform, we collect further data that you enter in our Platform. You are not obliged to provide the information; without this data, however, you might not be able to use the relevant function. We inform you about data that we collect in connection with your use of the Platform here.
4.3 Data we collect from third parties
From time to time we collect data on merchants from public directories or other third parties. These are exclusively freely accessible data, which are displayed on the respective page. These can be descriptions of the vehicle model given on the third page (make, model, history). We also use this data exclusively in accordance with the provisions of the current data protection ordinance.
5 For what purposes and on what legal basis does The Motor Chain process your data?
We process your data mainly in order to make the offer and the associated services and functions available to you. In addition, some further processing takes place for further purposes, which we describe below together with the respective legal bases. Among other things, we use various methods on the Platform for analyzing usage (using cookies). In addition, we process data for the purposes of direct advertising by e-mail and for security and prosecution purposes.
5.1 Statistical evaluations and demand-oriented design (Cookies)
When using our offer, we create usage profiles using pseudonyms for the purposes of statistical evaluation and the demand-oriented design of the offer. These processes are carried out on the basis of legal regulations which allow personal data to be processed (Art. 6(1)(f) GDPR).
For this we use so-called cookies, i.e. alphanumeric identification characters which we transmit to your computer via your web browser. They allow our systems to temporarily distinguish your browser from others. On the one hand, we send you so-called persistent cookies, with the help of which we write down the application criteria entered by you in our vehicle database and store them for our internal evaluations.
On the other hand, we use so-called session cookies, with the help of which you receive a session ID for the duration of a visit to our pages, which enables us to recognize you as a certain (anonymous) user. This allows us to create continuity for you during your visit and, for example, to avoid that you are repeatedly shown the same advertisements. The session cookie and your session ID will be deleted at the end of your visit to our site.
If you wish to prevent this procedure, you can do so by deactivating the cookie. The help function in the menu bar of most web browsers explains how to set your browser so that it no longer accepts cookies or only accepts cookies to a limited extent. There you will also learn how to configure your browser so that it informs you when a cookie is “offered” to your computer. Unfortunately, you can only fully use and experience the functionality of our Platform with an activated cookie acceptance.
We therefore recommend that you leave the cookie function of your browser switched on when you visit our pages. We also recommend that you always log out completely after you have finished using a computer that you share with others and whose browser is set so that the computer accepts cookies. If you do not accept cookies, it is unfortunately not possible for us to provide you with all services and functions of the Platform.
For the above-mentioned purposes of statistical evaluation and the demand-oriented design of our offer, we use – unless you have objected – Google Analytics.
5.2 Share Buttons
Our Platform uses so-called “share buttons”, which are plug-ins from various social networks, namely Facebook, WhatsApp, Google+, LinkedIn, Tumblr and Twitter. These share buttons are not used to share information about your visit to our Platform with the social network operator. Only when you click the respective share button are you directed to the network operator’s page. The operator of the respective social network is responsible for the associated data collection and use. Please refer to the network operator’s privacy policy for details.
5.3 Direct advertising by e-mail
In order to provide you with the most comprehensive service possible, we also use your data to send you suitable additional information of our own or third parties in connection with all services, e.g. intended purchase, financing or leasing, as well as the sale or leasing, workshop services and the services of The Motor Chain.
Such processing is carried out on the basis of statutory regulations which allow personal data to be processed for direct advertising purposes, because The Motor Chain has a predominant legitimate interest in this and in exceptional cases unreasonable harassment cannot be assumed (Art. 6 (para. 1)(f) GDPR).
If you do not wish to receive such e-mails, you can unsubscribe at any time, by sending an e-mail to info@themotorchain.com
If you have given us your consent, The Motor Chain will process your e-mail address for advertising in connection with vehicles, vehicle purchase and sale, vehicle financing and leasing, workshop services and products for prospective vehicle buyers. On the basis of appropriate consent, The Motor Chain combines your registration data with the movement data on the Platform (pages accessed, content clicked on etc.) and data from other services used on these websites/apps in order to gear e-mail advertising to your interests (Art. 6(1)(a) GDPR).
5.4 Security and protection against misuse
Ultimately, we use the data of all participants in order to effectively counter any abuse within the scope of our Platform in the interest of honest users and to protect our customers from damage in these cases.
These processes are carried out on the basis of legal regulations which allow us to process personal data for protection against misuse and for legal prosecution (Art. 6(1)(f) GDPR).
5.5 Customer Service
The Motor Chain Customer Service answers daily service requests from commercial dealer customers, private customers and interested parties. Personal data of customers are collected and processed. Personal data is collected by customers submitting it to us using a contact form provided on the Platform or by contacting us by e-mail, telephone or chat. We collect the given data for the purpose of clear customer verification and for a fast processing of the customer inquiries. As we are constantly striving to improve our services for our customers, the data may be evaluated anonymously.
5.5.1 Contact form
5.5.2 Establishing contact by telephone
5.5.3 Establishing contact by email
6 To which recipients do we pass on your data?
It may happen that we also pass on your data to other recipients within the scope of the purposes mentioned in section 5. As part of the provision of the offer and the functions and services associated with it, we pass on your data to suppliers and interested parties of vehicles if you make use of the respective service (for example, if you use the vehicle share function, we pass on your data to the user selected by you). In any case you always have control on who has access to your data by means of the share panel function.
In exceptional circumstances, we may also be required by law to disclose your personal data to third parties, for example as part of government prosecution measures. In the event of a complaint about misuse of the Platform, it is a prerequisite for passing on data to other users that there are well-founded and documented indications of misuse.
In addition, your personal data may be passed on within The Motor Chain Group, to service companies (possibly also third countries), to government authorities and to persons affected by an infringement and possibly to other companies as part of a company transaction, as explained in detail below.
6.1 Transfer within The Motor Chain Group of Companies
The Motor Chain Limited is a company based in Ireland, which operates internationally and is part of The Motor Chain group of companies. Certain personal data, such as data provided by the user during registration, may be disclosed within the group of companies for internal administrative purposes, including joint customer service, to the extent necessary.
6.2 Passing on to service providers bound by instructions
In some cases, we use service companies (both The Motor Chain companies and external service providers) bound by instructions for certain data processing activities. Without exception, these are service companies that are bound by instructions and process the data on our behalf and in accordance with our instructions.
The service providers bound by instructions may process the data in countries outside the EU (“third countries”).
Every transfer of data to a third country takes place in compliance with the applicable data protection law. If the European Commission has not established an adequate level of protection for a third country, The Motor Chain provides appropriate guarantees to ensure adequate protection of your data. This can be done, for example, through the conclusion of data processing contracts which contain EU standard data protection clauses and which the European Commission believes offer appropriate guarantees.
6.3 Passing on to government agencies, injured parties and for legal proceedings
If it is necessary to clarify any illegal or abusive use of The Motor Chain or for legal prosecution, personal data will be forwarded to the law enforcement authorities and, if necessary, to injured third parties.
However, this only happens if there are indications of illegal or abusive behavior. A disclosure may also take place if this serves to enforce terms of use or other agreements. We are also legally obliged to provide information to certain public authorities upon request. These are law enforcement authorities, authorities that prosecute fined offences and the tax authorities.
6.4 Transfer in the context of corporate transactions
As our business develops, the structure of our company may change as its legal form changes, subsidiaries, parts of companies or components are established, purchased or sold. In such transactions, customer information may be disclosed to the acquirer or legal successor together with the part of the business to be transferred. Whenever personal data is passed on to third parties to the extent described above, we ensure that this is done in accordance with this data protection information and the applicable data protection law.
Any disclosure of personal data will be made on the basis of legal regulations. Accordingly, this data processing is justified by the fact that (1) the processing is necessary for the fulfillment of the contract for the use of The Motor Chain, or (2) The Motor Chain has a legitimate interest in passing on the data for administrative purposes or the processing is necessary for the fulfillment of a legal obligation to which The Motor Chain is subject.
7 How long do we store your data?
We delete or make your personal data anonymous as soon as they are no longer required for the purposes for which we process them in accordance with the above paragraphs. The actual storage period depends on how you use our offer.
If you have not registered with us, we store your personal data for the duration of use of our offer plus an appropriate period thereafter in which we keep backup copies after deletion, insofar as this data is not required for longer for criminal prosecution or to secure, assert or enforce legal claims.
If you have registered with us, we will store your personal data for the duration of your registration and delete it as soon as you delete your user account. We will keep backup copies of your data for an appropriate period thereafter, until such backups are finally deleted.
In the event you have transferred the vehicle to another user of The Motor Chain using the share function we will keep your name and family name in the vehicle’s history as former owner of the vehicle.
In the event that you have given us your consent to the processing of your data (e.g. for the purpose of advertising use including the associated profiling), we will store your data until you revoke your consent.
If we have to store data for legal reasons, the further processing of the data concerned is restricted instead of being deleted.
8 What rights do you have as the person concerned?
As a data subject of the processing of personal data, you have a right to information about the data processed, a right to correction of your personal data, a right to deletion of your personal data, a right to restrict the processing of your personal data and a right to the transferability of your personal data. You also have the right to file a complaint with a supervisory authority.
In cases where data processing is based on Art. 6(1)(e) or (f) GDPR, or for the purpose of direct advertising, you have the right to object to the processing.
If you have given us your consent, you can revoke it at any time with effect for the future.
8.1 Right of objection
You have the right to object to the processing of your data at any time for reasons arising from your particular situation. We will stop the processing of your personal data after your objection has been raised, unless The Motor Chain can prove compelling reasons worthy of protection for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
Without prejudice to the above right of objection, you can also object to the collection and processing of information about the use of the e-mail newsletter at any time.
Note that the sending of the newsletter will be terminated when objected by you. Please send your objection to receive newsletters and mailings to: info@themotorchain.com.
8.2 Right of revocation
You can revoke your consent, which you have given us if necessary, at any time with effect for the future, without affecting the legality of the processing carried out on the basis of the consent until revocation. You can send your revocation to by e-mail to info@themotorchain.com.
8.3 Right to correct and complete data
You have the right to request us to correct any personal data concerning you immediately if it is inaccurate. Furthermore, you have the right to request us to complete your data within the scope of Art. 16(2) GDPR – also by means of an additional declaration – if these should be incomplete.
8.4 Right to cancellation (“Right to oblivion”)
You have the right to request the deletion of your personal data under the conditions described in Art. 17 GDPR.
These conditions provide in particular for a right of cancellation if the personal data are no longer necessary for the purposes for which they were collected or otherwise processed and in cases of unlawful processing, the existence of an objection or a revocation of consent, the existence of an obligation to delete under Union law or the law of the Member States, The Motor Chain or the collection of data in relation to information society services offered pursuant to Art. 8(1) GDPR.
8.5 Right to limitation of processing
You have the right to request us to restrict processing in accordance with Art. 18 GDPR. This right exists in particular if the accuracy of the personal data between the user and The Motor Chain is disputed, for the duration which requires the verification of the accuracy and in the event that the user requires limited processing in the case of an existing right to deletion instead of deletion; furthermore in the event that the data are no longer required for the purposes pursued by The Motor Chain but the user needs them for asserting, exercising or defending legal claims and if the successful exercise of an objection between The Motor Chain and the user is still disputed.
8.6 Right to information and complaints
You have the right to request information from us at any time on the personal data processed by The Motor Chain concerning you within the scope of Art. 15 GDPR.
You also have the right to complain to the competent supervisory authority.
8.7 Right to Data Transferability
If we process data that you have provided to us, you have the right to receive the personal data concerning you in a structured, current and machine-readable format or to transmit this data to another person responsible.
8.8 Unable to Provide TMC Services
Please note that The Motor Chain may no loner be able to perform its services in case you restrict the use and / or transfer of personal data. In such a case The Motor Chain will inform you accordingly and delete your account.
9 What should you observe when handling the data of other users?
In order to facilitate business transactions between members of the The Motor Chain community, our service allows you to access certain contact information of other users (see section 6 above). By agreeing to our terms and conditions, you agree to use this personal data exclusively for the following purposes:
Communication in connection with the content posted on The Motor Chain, but not unsolicited advertising content,
Other purposes for which the user concerned has given his express consent.
The Motor Chain and its members do not tolerate harassment by sending unsolicited advertising e-mails (spam). Therefore, you are not permitted to add a user’s e-mail address to your e-mail distribution list or any other address list without the user’s express consent.
Note: Do not use the The Motor Chain service or other forwarding services to send unsolicited e-mails (spam).
10 Changes to this data protection information
The services offered by The Motor Chain may be changed from time to time, to further improve the Platform’s services and functionalities. Such changes may also affect the use of your personal data. We therefore may change this privacy information from time to time. The current version is available on our Platform under the heading “Data Protection Information”. Please inform yourself regularly about the current status of the data protection information.