Information according to § 5 ECG

Imprint | Terms | Data protection

Imprint

CHIPTUNING-MAPS.COM

Christian Kager
Wirtschaftspark 22
8530 Deutschlandsberg
AUSTRIA

Phone: +43 664 5023290
E-mail: office@chiptuning-tools.at
Member of: WKO
Professional regulations: Trade regulations: www.ris.bka.gv.at

Business purpose: Automotive engineering, limited to the implementation of performance enhancements of internal combustion engines by modifying the electronics and software of the engine control system, trade

Supervisory authority/trade authority: Bezirkshaupmannschaft Deutschlandsberg

EU-VAT Nr.: ATU66171689, DE325499396

General terms and conditions

General Terms and Conditions
Status: July 2022

Scope of application
Upon conclusion of the contract, these General Terms and Conditions in the version valid at the time of the respective order shall be deemed agreed for all mutual claims between business customers as defined in point 2 who are not consumers (commercial customers) and Christian Kager (hereinafter referred to as CHIPTUNING-MAPS.COM). Terms and conditions of the business customer that conflict with these General Terms and Conditions shall not be recognised.

If you do not agree to these terms and conditions, you are not entitled to access or use our platform. If you use our platform, we may assume that you accept the terms and agree to be a party to this binding contract.

Contracting Party
2.1 On the basis of these GTC, CHIPTUNING-MAPS.COM concludes contracts exclusively with natural and legal persons acting within the scope of their professional activity. (hereinafter referred to as “business customer”).
Services of Chiptuning-Maps.com
3.1 CHIPTUNING-MAPS.COM offers an internet platform, namely CHIPTUNING-MAPS.ONLINE, through which business customers can obtain software by using an online tool.
CHIPTUNING-MAPS.ONLINE ONLY PROVIDES THE TECHNICAL PLATFORM, BUT NOT THE CONTENT.

3.2 CHIPTUNING-MAPS.COM also does not act as a direct broker of software, but establishes contacts between interested users and the providers of software (partner dealers), so that business transactions are only concluded between these two. Chiptuning-Maps.com is not liable in any way for claims arising from such legal relationships.
In particular, CHIPTUNING-MAPS.COM does not guarantee that business expectations of the users will be fulfilled and that the information about the offered services and prices are correct and appropriate.

3.3 The modalities of the service order as well as any support requests in this regard are subject to the separate agreement between users and partner merchants, as are the delivery times of the services, and are not within the sphere of influence of CHIPTUNING-MAPS.COM.

Prices
Unless expressly stated otherwise, the prices stated for the credits are to be understood as prices excluding VAT.5. Warranty and Liability
5.1 We provide our platform “as is”. YOU EXPRESSLY CONFIRM THAT YOU UNDERSTAND AND AGREE TO THE FOLLOWING TERMS:

5.2. USE OF THE PLATFORM IS AT YOUR OWN RISK. WE PROVIDE THE PLATFORM “AS IS” AND “SUBJECT TO AVAILABILITY” AND MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM.

5.3. WE DO NOT WARRANT THAT THE PLATFORM WILL BE AVAILABLE, SECURE OR ERROR FREE AT ALL TIMES; OR THAT DEFECTS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. WE THEREFORE DISCLAIM ALL WARRANTIES IN THIS REGARD.

5.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CHIPTUNING-MAPS.COM, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS AND OUR AND THEIR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN TITLE SHALL BE LIABLE TO YOU ONLY FOR INTENT AND GROSS NEGLIGENCE AND NOT FOR ORDINARY NEGLIGENCE. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OF PROFITS, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES.

5.5. WE DISCLAIM ALL WARRANTIES AND LIABILITY FOR ANY PROVIDER CONTENT, ADVERTISING CONTENT OR OTHER THIRD PARTY CONTENT PROVIDED ON OUR PLATFORM AND ANY INTERACTION YOU MAY HAVE WITH SUCH THIRD PARTIES. WE WILL NOT REPRESENT SUCH THIRD PARTY CONTENT AS OUR OWN.

5.6 By using the Platform, you confirm that you are acting in accordance with the laws of your home country and are authorised to use our Platform in your own name and for your own account.

5.7 We cannot guarantee or warrant that our databases are error-free.

5.8 CHIPTUNING-MAPS.COM accepts no liability whatsoever for the content of linked information of the providers.

Choice of law, contractual language and communication
6.1 The legal relationship between CHIPTUNING-MAPS.COM and business customers as well as the respective General Terms and Conditions shall be governed exclusively by Austrian law, excluding the conflict of laws rules.6.2 The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 is excluded.

Data protection and security

Last update 17.04.2018

1. general

Chiptuning-Tools.com attaches great importance to the protection of the data of each individual customer.

The following statements refer exclusively to personal data that Chiptuning-Tools.com receives from you as a user of these websites or by telephone or written notification. Personal data will only be used to fulfil our contractual obligations or to the extent of your consent. Personal data is used in accordance with the Data Protection Act 2002 (DSG 2000) and the Telecommunications Act 2003 (TKG 2003). We do not pass on any personal data to third parties that we do not use as service providers for the processing of contracts. With this data protection declaration we would like to inform you about the collection of your data by us and about its further use.

2. clients of the data processing

Client in the sense of the DSG 2002 and therefore responsible for the collection, processing and use of data is the

Chiptuning-Tools.com

Christian Kager, Business Park 22, 8530 Deutschlandsberg, Austria
E-mail: office@chiptuning-tools.com

You are requested to direct all enquiries regarding the up-to-dateness, correction and deletion of your personal data as well as all requests for information to this address.

 

3. collection, processing and use of personal data

3.1 What is personal data?

Personal data is information that makes it possible to identify you. This includes, in particular, name, date of birth, postal or e-mail address, VAT number, telephone or mobile phone number.

We only collect personal data if you voluntarily provide it to us during registration, the ordering process, when registering for the newsletter or in the contact form. In detail, this data includes: First and last name, company name, postal address, e-mail address, date of birth and telephone number. For commercial customers, we also record the company address and the VAT number.

3.2 What do we do with your personal data?

3.2.1 Customer account

For each customer who registers accordingly, we set up password-protected direct access to his or her inventory data stored with us (customer account). Here you can view data about your completed, open and recently shipped orders and manage your address data. You undertake to treat the personal access data confidentially and not to make it available to any unauthorised third party. We cannot accept any liability for misused passwords unless we are responsible for the misuse. After you have finished communicating with us, you should close the browser window or mobile applications, especially if you share the computer or mobile devices with others.

3.2.2 Data use for contract processing

We collect, store and process your data for the entire processing of your order, the delivery of the goods and the processing of the payment, for any subsequent warranties, for our services as well as for technical administration and our own marketing purposes. We need your e-mail address so that we can confirm receipt of your order and communicate with you. We also use it for your identification (customer login).

We save the text of the contract and send you the order data by e-mail. You can view your past orders in our customer login area.

3.2.3 Data use for advertising purposes – Newsletter

If you register for our newsletter (by clicking the checkbox in the registration process or by filling out the newsletter registration form), we will use the data required for this purpose or separately provided by you to send you our e-mail newsletter on a regular basis.

By registering for the newsletter (clicking the checkbox in the registration process or completing the newsletter registration form), you give your consent for us to also use your data to regularly inform you about certain products, services or marketing campaigns by means of an e-mail newsletter.

If you do not wish to receive any more newsletters from us at a later date, you can object to this at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the contact details mentioned under point 2 (e.g. e-mail, fax, letter) is sufficient for this purpose. Unsubscribing can also be done via a link provided for this purpose in each newsletter.

4. data transfer to other companies (service providers)

Your data will only be passed on to service providers for the purpose of processing the contract and for administrative purposes (e.g. collection in the event of late payment) in connection with the contract you wish to conclude or have concluded with us, in order to process the tasks assigned to them. The protection of your data as well as the scope and purpose in which our service providers are allowed to use your data is ensured by us through corresponding contracts.

Our cooperation partners and the purpose for which we pass on your data within the framework of service contracts can be found in the points below. Beyond this, your data will not be passed on or made available to third parties by us unless you have given us your express consent to do so or we are legally obliged to do so.

4.1 Information about delivery times

In order to be able to inform you about the delivery times of your consignments or to enable you to track the consignment, we pass on your appropriate data to our logistics partners. This includes your name, address, telephone number and consignment number.

We pass this data on to the following logistics partners:

Österreichische Post AG
Hadingergasse 1
1030 Vienna

DHL Express (Austria) GmbH
Viaduct Street 20
2353 Guntramsdorf
Austria
dhlat@dhl.com

UPS Forwarding Company m.b.H.
Cargo North, Object 1
1300 Vienna Airport
Austria

If you no longer wish to receive this service, you can object to the transfer of your data to our logistics partners at any time by sending a text message (fax, letter, e-mail) to the contact details given in section 2.

5. payment services

You also have the possibility to pay by immediate bank transfer, by advance payment, by PayPal, immediate bank transfer or, in the case of instalment payments, by online financing.

If you use these payment services, you transmit your personal and payment-relevant data, which are requested and required for the processing of the transaction, also or exclusively directly to your banking institution or your credit card company or the respective payment service provider. In this respect, Chiptuning-Tools.at has no influence on the processing, use and security of your data by the institutions involved and their data protection declarations apply.

If you intend to pay via PayPal, the privacy policy of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, which you can access under this link: https://www.paypal.com/at/webapps/mpp/ua/privacy-full?locale.x=de_AT.

7 Use of cookies

In order to personalise our websites for you and to enable you to fill up and manage your shopping cart during your session, we – like many webshops – use cookies. A cookie is a small data file that is transferred by us to your computer when you surf one of the Chiptuning-Tools.at sites. A cookie can only contain information that we ourselves send to your computer – private data cannot be read out with it. If you accept the cookies on our sites, we do not have access to your personal information, but with the help of the cookies we can identify your computer. In addition, our web servers store the IP address of your internet service provider when you place an order with us.

Most of the cookies we use are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognise your computer on your next visit (so-called permanent cookies). These cookies make it unnecessary for you to re-enter your e-mail address for subsequent orders.

I consent to the use of so-called cookies and thus to the collection, storage and use of my usage data. Furthermore, I consent to my data being stored in cookies beyond the end of the browser session and, for example, being retrieved during my next visits to the website. I can revoke this consent at any time with effect for the future by refusing to accept cookies in my browser settings.

7.1 Third-party cookies

Partners of Chiptuning-Tools.at place anonymous cookies (third-party cookies) on the browsers of the visitors. An identification of the person of the individual user by means of these anonymous cookies is not possible. Our partner companies are not permitted to collect, process or use personal data via our website by means of cookies.

7.2 Retargeting

On this website, information about the surfing behaviour of website visitors is collected and stored anonymously for marketing purposes using so-called retargeting technology. This data is stored on your computer using so-called “cookie” text files. The technology uses an algorithm to analyse surfing behaviour and can then display targeted product recommendations as interest-related advertising banners on other websites (so-called publishers). Under no circumstances can this data be used to personally identify visitors to this website. The collected data is only used to improve the offer. It will not be used in any other way or passed on to third parties. Retargeting is carried out using technology from Criteo and Google.

8. web analysis

8.1 Google Analytics

The Chiptuning-Tools.at websites and mobile applications use Google Analytics, a web analysis service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information collected by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. We would like to point out that on our websites Google Analytics has been extended by the code “gat._anonymizeIp();” to ensure anonymised collection of IP addresses. At our instigation, your IP address is therefore only recorded by Google in shortened form, which ensures anonymisation and does not allow any conclusions to be drawn about your identity. In the event that IP anonymisation is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing 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 will not be merged with other Google data. A transfer of this data by Google to third parties only takes place on the basis of legal regulations or within the framework of commissioned data processing. Under no circumstances will Google merge your data with other data collected by Google.

Further information on Google Analytics and data protection can be found at https://support.google.com/analytics/answer/6004245?hl=de.

9 Log files

Each time the pages of Chiptuning-Tools.at are accessed, usage data is transmitted by the respective internet browser and stored in log files, the so-called server log files. The data records stored in this process contain the following data: Date and time of access, name of the page accessed, IP address, referrer URL (origin URL from which you came to the web pages), the amount of data transferred, as well as product and version information of the browser used.

10. integration of social plug-ins

On www. Chiptuning-Tools.com social plugins of different social networks are used. With the help of these plugins, we can make the online shop more personal and you can, for example, share content or recommend products.

When you visit a page of www. Chiptuning-Tools.com that contains such a plugin, your browser establishes a connection to the respective social networks. The content of the plugin is transmitted directly to your browser by the respective social network and integrated into the website by it.

Through the integration of the plugins, the respective social network receives the information that you have accessed the corresponding page of our website. Chiptuning-Tools.at has no influence on the content of the plugins and the transmission of information. If you are logged in to the relevant social network, the visit can be directly assigned to your user account. If you interact with the plugins, for example by clicking the Facebook “Like” button or posting a comment, the corresponding information is transmitted from your browser directly to Facebook and stored there. You can avoid this by logging out of the pages of your social networks beforehand and deleting cookies that have been set.

On their websites, the social networks provide detailed information on the scope, type, purpose and further processing of your data. Here you will also find further information on your rights and setting options to protect your privacy.

10.1 Facebook

We use the “LIKE” button (also known as the “Like” button) of the social network facebook.com. These are offers of the US company Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. You can find the link to Facebook’s privacy policy here: https://www.facebook.com/about/privacy/.

10.2 Google+

We use the “Google+” button of the social network Google+, which is operated by Google. You can find the link to Google’s privacy policy here: http://www.google.com/intl/de/policies/privacy/.

10.3 Twitter

We use plugins of the social network Twitter, which is operated by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (“Twitter”). More information on Twitter and data protection can be found at https://twitter.com/privacy.

10.4 Pinterest

We use plugins of the social network Pinterest, which is operated by Pinterest Inc., 635 High Street, Palo Alto, CA, USA (“Pinterest”). More information on Pinterest and data protection can be found at http://about.pinterest.com/privacy/.

10.5 Youtube

We use plugins from the website Youtube, which is operated by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Youtube”). More information on Youtube and data protection can be found at http://www.google.com/intl/de/policies/privacy/.

11 Data protection during data transfer, data deletion and right to information

11.1 How do we protect your personal data?

Your personal and payment-related data is encrypted during the ordering process and within your customer account using SSL (Secure Socket Layer, key exchange: RSA 1024 bit, encryption of user data: Triple-DES 1024 bit) transmitted over the Internet. You can recognise a secure connection by the fact that the address displayed in the browser begins with “https://…” instead of “http://…” and a padlock symbol appears. We secure our website and other systems by technical and organisational measures against loss, destruction, access, modification or distribution of your data by unauthorised persons.

11.2 When will we delete your data?

Your personal data will be deleted if there are no legal obligations to retain it and if you have made a claim for deletion, if the data is no longer required to fulfil the purpose for which it was stored or if its storage is not permitted for other legal reasons.

11.3 Do you have any influence on the use of your data?

Of course, you have the sole right to decide whether and for what purposes we may use your data. You can therefore revoke the originally granted permission to use, process and pass on the data at any time, whereby a notification in text form (post, fax, e-mail) to the address given under point 2 is sufficient.

11.4 Do you have the right to know what happens to your data?

Upon special written request and after proof of your identity by means of a copy of an official photo ID enclosed with the letter, we will be happy to provide you with information about the personal data processed about you. To do so, please send your letter to the address mentioned under point 2. Please understand that we cannot comply with your request for information without proof of your identity.

According to § 26 para. 6 DSG, the first information about your current data per calendar year is free of charge and for each additional information about your current data per calendar year a lump sum of € 18.89 gross will be charged, provided that no additional actual costs have arisen in the course of the information at Chiptuning-Tools.at.

12. change of this privacy policy

Since this information is subject to the respective legal situation and the general conditions, which are decisive for this data protection declaration, can change, we will update this data protection declaration if necessary. We therefore recommend that you regularly read our data protection declaration on www. Chiptuning-Tools.at in order to remain informed about the protection of your personal data collected by Chiptuning-Tools.at.

File service times

File service open 24/7

 

Service team availability: (subject to change without notice)

Monday: 09:00 – 18:00
Tuesday: 09:00 – 18:00
Wednesday: 09:00 – 18:00
Thursday: 09:00 – 18:00
Friday: 09:00 – 18:00
Saturday: 09:00 – 18:00
Sunday: Closed