Privacy policy

CONFIDENTIAL-Sellyourcars - Privacy policy

Version: 12.06.2023

Sellyourcars | Privacy Policy

This privacy policy (the Privacy Policy) applies to the processing of personal data by Sellyourcars SARL (CHE-458.042.489), Route de Corsy 35, 1093 La Conversion, Lutry Switzerland (Sellyourcars or we) in connection with the platform accessible without limitation at www.sellyourcars.ch (the Platform).

By accessing the Platform, all users (the User or you) expressly acknowledge that Sellyourcars may process their personal data in accordance with this Privacy Policy.

We reserve the right to modify the Privacy Policy at any time and at our sole discretion, in particular with a view to adapting it to any new commercial or technological practice or legislative change, in which case will inform you by any appropriate means, including by e-mail and/or via the Platform. If you do not accept the changes made, you must no longer access and/or use the Platform.

1. Introduction

We recognise the importance of your privacy and transparency in our processing of your personal data.

This Privacy Policy describes (i) what personal data is collected when you access and use the Platform, (ii) how and for what purposes we process personal data, and (iii) the measures we take to protect such personal data.

Sellyourcars (CHE-458.042.489), Route de Corsy 35, 1093 La Conversion, Lutry, Switzerland, is responsible for processing your personal data via the Platform. You will find our contact details under Article 10 of this Privacy Policy.

1. How we collect your personal data

We collect the personal data you provide to us.

We collect the personal data that you provide to us when using the Platform and/or the services provided through the Platform, for example when you create a user account or manage it, or when you communicate with us, through web forms that you complete, when you publish content or subscribe to our newsletter.

Access to certain Services may require you to complete forms or questionnaires and/or provide us with certain information. This information includes your name, age, gender, e-mail address, telephone numbers, photos, as well as any data you provide to us, and possibly any other data that may be used to identify or contact you in the context of accessing and using the services we provide.

We collect and process certain personal data relating to your use and ownership of your vehicle, including but not limited to your driving licence and insurance contract.

Some information is compulsory, some optional.

The data fields marked with an asterisk must be completed. If you fail to complete one or more mandatory data fields, we will be unable to provide access to the services provided via the Platform.

If the optional data fields are not answered, it will be possible to access the Platform's services. These data fields may be completed at any time in the future via the dedicated area.

Some personal data is also collected automatically.

We may also collect personal data in an automated way - including by means of tools and other active elements, for example in our e-mails and/or those of our subprocessors, or by means of cookies or other similar technologies - such as IP addresses or other user identification data from your electronic device, data contained in your electronic device, your preferences, your Internet browsing data, or the links you click on when you interact on the Platform.

You can define certain authorisations and parameters in connection with the automated collection of your personal data.

You can define certain authorisations in relation to the collection of your personal data, for example the data contained in your electronic device, by configuring it according to its functionalities. You can also configure certain automated collection parameters in your Internet browser. For more detailed information, please consult the section on Cookies below in Article 8 of the Privacy Policy.

1. How we process your personal data

We may process your personal data by automated means, in which case we will take appropriate security measures.

We process your personal data in accordance with applicable law, in particular Swiss data protection law and the European Data Protection Regulation (GDPR) where applicable. We adopt appropriate security measures to prevent unauthorised access, disclosure, modification, alteration or destruction of your personal data.

Personal data is processed using computers or IT tools, in accordance with the purposes set out in this Privacy Policy. We do not make individualised decisions on the basis of automated data processing or use profiling systems via the Platform.

1. The legal basis on which we process your data

We will only process your data if we have a valid legal reason to do so.

We will only process your personal data if we have a valid legal reason to do so. Depending on the processing in question, we will only process your personal data if:

• Data processing is necessary to fulfil our contractual obligations towards you or to take pre-contractual measures at your request (Contractual Necessity);

This is particularly the case where the processing of your personal data is strictly necessary to provide you with the Platform and associated Services, as set out in more detail in section 5 below.  Where the GDPR applies, Contractual Necessity is based on Article 6(1)(b);

• Data processing is necessary for our legitimate interests, and only to the extent that your interests or fundamental rights and freedoms do not oblige us to refrain from processing (Legitimate Interest);

Our Legitimate Interests include (i) ensuring that the Platform and related Services are provided in an efficient and secure manner (for example, through internal analysis of the stability and security of the Platform, updates and troubleshooting, and support services); (ii) to improve and develop the Platform (including monitoring our performance or use of the Platform and our Services, and for statistical purposes); (iii) to obtain cost-effective services (for example, we may choose to use certain services offered by suppliers rather than undertake the activity ourselves); and (iv) to meet our business objectives. Where the GDPR applies, Legitimate Interest is based on Article 6(1)(f) GDPR;

• We have obtained your prior, clear and unambiguous consent (Consent); or.

Where the GDPR applies, Consent is based on Article 6(1)(a) GDPR;

• Data processing is necessary to comply with our legal or regulatory obligations (Legal Obligation);

Finally, we will process your personal data if we are required to do so by law, as set out in section 5 below. Where the GDPR applies, the Legal Obligation is based on Article 6(1)(c) GDPR.

1. Why we process your personal data

We process your personal data to operate the Platform and to provide you with any related services.

Your personal data is collected and processed in order to operate the Platform and/or provide you with related services or for the purpose indicated at the time of collection, such as managing and sharing your information with other users when you interact with them, as well as for customer and user management purposes, including contacting you about our services and changes to them.

We may process your personal data for internal analysis and statistical purposes, to improve our services or for other legitimate reasons.

We may process your personal data, in particular your Platform usage data, as well as any other information collected in accordance with this Privacy Policy, for internal analysis and statistical purposes, to improve the ergonomics and functionality of the Platform, as well as the services provided in general.

We may also process your personal data to comply with legal requirements.

To contact you and respond to your requests

You can contact us via the Platform. In this context, we process the data you provide to us. In this context, we process the data you provide to us (including your contact details and the purpose of the request). This data is used for the purpose of providing you with the information and services requested, on the basis of our Contractual Necessity.

The retention period depends on the reason for your request and its context. Generally, requests are kept for 3 months, unless there is a legal reason to keep them longer (for example, for evidential or tax purposes).

To send you our newsletter

If you subscribe to our newsletter, we will collect your contact details (name and email address) and use them to send you our newsletter, based on your consent. You can unsubscribe from the newsletter service at any time, in which case your details will be deleted.

We also process the time of registration and your confirmation of acceptance on the basis of our legal obligation to demonstrate compliance. We also analyse your use of our newsletter, for example whether you have opened it or clicked on certain links, and process this data to optimise and improve our newsletter, based on our Legitimate Interest.

We use the third party services of MailChimp to provide our newsletter service. MailChimp will have access to your details in order to provide the service to you. Its privacy policy applies in this context. It is available at https://mailchimp.com/en/legal/acceptable_use/.

To send you advertising information

In addition to the above, we may process your personal data to send you advertising and marketing communications on the basis of your Consent, which may be given or withdrawn at any time.

If you have given us your consent.

In addition to the above, we may process your personal data if we have obtained your prior and unambiguous Consent for specific purposes. Consent given may be withdrawn at any time, but this will not affect data processed prior to withdrawal.

1. The circumstances in which we disclose your personal data to third parties

We may disclose your personal data to third parties if this is necessary for the operation of the Platform or to comply with a legal obligation.

For example, we may communicate your personal data to our subprocessors, to the extent necessary to enable them to carry out services relating to the Platform.

We may also disclose your personal data to comply with our legal obligations, in particular following a request from a judicial authority or in accordance with a legal obligation.

We may disclose your personal data to third parties in connection with the operation of the Platform, as well as to subprocessors such as IT service providers, cloud service providers, database providers, automated marketing solution providers and consultants, including Infomaniak or Google Analytics (data analysis tool).

We may also allow you to use third-party services directly from the Application, including through social plug-ins from Google LLC; Facebook, Inc.; LinkedIn Corporation; Twitter; and Microsoft Corporation, in which case you acknowledge that the third-party operators of these services may access some of your personal data related to the Platform.

1. The circumstances in which we transfer your personal data abroad

Your personal data may be transferred to countries or destinations that do not provide an adequate level of protection, such as Switzerland or the European Union.

We host, store, and record your personal data in Switzerland and the European Union on the servers of one of our subprocessors.

In principle, we do not transfer or make available your personal data to other countries. However, in certain circumstances, in particular for technical or functional reasons, or in the context of relations with our subprocessors, your personal data may be transferred to countries that do not provide a level of protection equivalent to Switzerland and the European Union. In such cases, we will use all appropriate means to ensure compliance with the obligations arising from the applicable data protection regulations.

If you send us information and data, you expressly agree to such transfers.

1. Retention

Your personal data is kept for no longer than is necessary.  

We delete or render anonymous personal data as soon as it is no longer necessary for the purposes set out in Article 4 of this Privacy Policy. This period varies according to the type of data concerned and the applicable legal requirements.

Certain information relating in particular to the contractual relationship is kept for at least 5 years for archiving purposes only.

1. How we use cookies and other analytical tools

We use cookies, other analytical tools and similar technologies in connection with the Platform.

We use various types of cookies, other analytical tools, or other similar technologies (collectively Cookies), which may automatically process data on your electronic device and/or transfer personal data about you to Sellyourcars or third parties.

These technologies are generally used to monitor and analyse your interactions with the Platform and/or to enable us to improve the Platform and its functionalities, in particular by customising the Platform and related services according to your interactions.

We may also use Cookies to measure and monitor traffic to and use of the Platform and its performance.

You can manage cookies via the settings on your Internet browser and/or your electronic device.

If you do not want Cookies to be stored on your electronic device, you can configure your Internet browser or your electronic device to refuse and/or restrict them. However, certain Cookies are essential to the operation of the Platform and its use may be impaired if Cookies are completely refused.

If you do not refuse or restrict Cookies, you consent to their use and to the processing of your personal data collected in this way.

For more information, you can visit http://www.allaboutcookies.org/fr/. You can also consult the help section of your Internet browser or electronic device for more specific instructions on managing Cookies.

The following cookies are used:

1. Cookies absolutely necessary for the operation of the Platform

Necessary Cookies enable the use of Platform, by providing basic functionalities such as page navigation and access to secure areas. The Platform cannot function properly without these Cookies.

1. Preference / functional cookies

Preference/functional cookies are useful for the operation of the Platform, in particular for remembering your actions, etc. They are used to remember information that impacts the behaviour or appearance of the Platform. In particular, they are used to store information that affects the behaviour or appearance of the Platform.

1. Marketing cookies

Marketing cookies are used in particular to display ads that are relevant and attractive to you, based on your preferences.

1. Statistical / productivity cookies

Statistical / productivity Cookies, such as those linked to Google Analytics, help us to understand how Users interact with the Platform, by collecting and reporting information anonymously.

We use the following cookies:

Name	Owner	Description	Duration	Type
AWSALBCORS	AWS	CORS cookie server	7 days	Security
AWSALB	AWS	Cookie server	7 days	Server
sell_your_cars_session	SellYourCars	Session	120 minutes	Session
XSRF-TOKEN	SellYourCars	Session server	120 minutes	Security

1. Your rights with regard to the processing of your personal data

You have the right to know what personal data we process about you and to request, under certain conditions, that it be deleted, corrected or updated.

You have the right to know at any time whether we are processing your personal data.

You may contact us to find out about the content of this personal data, check its accuracy and, to the extent permitted by law, request that it be completed, updated, corrected or deleted.

You also have the right to request that we cease any specific processing of personal data that has been obtained or processed in breach of applicable law, and to object to any processing of personal data where there are legitimate grounds.

1. Contact us

If you have any questions or requests in connection with the collection or processing of your personal data, please contact [email protected].