LEGAL NOTICE, SITE TERMS AND CONDITIONS, PRIVACY & COOKIE POLICY

 

 

IMPORTANT LEGAL NOTICE

This website, iPad Lead Application, Virtual Reality Application, or advertisement on Facebook, as applicable (the "Site", “Website” or “App”) is operated by Cadillac Europe GmbH, a company registered under the Laws of Switzerland and having its registered office at Boulevard Lilienthal 6, 8152 Glattpark, Switzerland ("Cadillac Europe").

Please read this Legal Notice, Site Terms and Conditions, Privacy & Cookie Policy (the "Policy") carefully before using this Site because it explains among others how we will process personal data and how we use cookies. By accessing this Site or using our services you accept the current version of this Policy. If you do not agree to any part of the content of the current version of this Policy, you are not authorized to continue using the Site or related services.

The information contained on this Site is designed to be as comprehensive as feasible. We reserve the right (but we will not have an obligation) to make changes at any time and without prior notice to prices, colors, materials, equipment, specifications, models and availability.

Some links provided on this Site may lead to sites furnished by unrelated third party site owners. The information presented therein is the sole responsibility of those site owners. Cadillac Europe has no control over or responsibility for the content of such sites and provides respective links to this Site's visitors for their convenience.

Images shown on this Site may include product details referring to U.S. or Canadian car configurations, which may differ from car configurations available in Europe. The written information contained on this Site is designed to be as comprehensive as feasible for the European market. Please contact your local Sales and Service Partner regarding product availability. You will find the respective contact details on our website under Dealer Locator.

 

SITE TERMS AND CONDITIONS

1. INTELLECTUAL PROPERTY

All copyright, trademark, design, database right, patent and other intellectual property right, title and interest in and to the Site ("materials") are the exclusive intellectual property of Cadillac Europe or an affiliated company or of their licensors. Materials may not be copied or reproduced, except to the extent necessary to view them online. However, you may print complete pages of the Site to hard copy for your own personal use on the following basis:

(a) no documents or related graphics on the Site are modified in any way;

(b) no graphics on the Site are used separately from the corresponding text; and

(c) Cadillac Europe’s copyright and trademark or other notices appear in all copies.

Notwithstanding the generality of the foregoing, Cadillac Europe may from time to time at its sole discretion give you the opportunity to download wallpapers, screensavers and other utilities from the Site. Such downloads are covered by these terms.

Any use of the extracts from the Site for any purpose other than in accordance with these terms is prohibited. In particular, you shall not use the Site for commercial exploitation in any circumstances. The materials on this Site have been thoroughly scanned and tested at all stages of production. Notwithstanding this, Cadillac Europe recommends that you run a virus checker before use. Cadillac Europe also recommends that you use an up-to-date anti-virus software.

 

2. LINKING TO THE SITE

If you wish to provide a link to the Site this must be to http://www.cadillaceurope.com/ for the Cadillac Europe homepage and http://www.chevroleteurope.com/ for the Chevrolet Europe homepage.

 

3. SERVICE ACCESS

While Cadillac Europe endeavors that the Site is normally available 24 hours a day, Cadillac Europe shall not be liable if for any reason the Site is unavailable at any time or for any period or not accessible by any device.

Access to the Site may be suspended temporarily and without notice in particular, but not limited to, cases of system failure, maintenance or repair or for reasons beyond Cadillac Europe’s control.

 

4. VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under this Policy's privacy policy section as indicated below, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. Cadillac Europe shall have no obligations with respect to such material. Cadillac Europe and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and data, images, sounds, text, etc. embodied therein for any and all purposes.

You are prohibited from posting or transmitting to or from the Site any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b) for which you have not obtained all necessary licenses and/or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Site in any way, in particular you shall not do any of the following while accessing or using the Site: (i) access, tamper with or use non-public areas of the Site (except for your own account), Cadillac Europe or General Motors computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search the Site or any data by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, host or network.

Cadillac Europe shall cooperate fully with any law enforcement authorities or courts ordering, requesting or directing Cadillac Europe to disclose the identity of or locate anyone posting any material in breach of this paragraph 4.

 

5. ACCURACY OF INFORMATION

The information on this Site is intended for customers of Cadillac Europe. Cadillac Europe will use its reasonable endeavors to ensure that the contents of this Site are accurate and up-to-date. However, due to the nature of vehicle stocks and changes implemented in vehicle specifications during annual updates etc., products shown on this Site may differ from the latest specifications. Some of the equipment described or shown may only be available in certain countries or may be available only at extra cost. Customers are advised to check any specifically required vehicle features with their retailer before or at point of ordering. Cadillac Europe reserves the right (but has no obligation) to change among others product prices, specifications and availability at any time and does not accept any liability for any claims or losses arising from reliance upon the contents of the Site.

No reliance should be placed upon any of the statements made within the Site and the material on the Site is provided "as is", and Cadillac Europe – to the maximum extent permitted by applicable laws – excludes any conditions, representations, warranties or other terms of any kind whether express or implied (including, without limitation, of merchantability, fitness for a particular purpose, availability on an uninterrupted, secure or error-free basis or non-infringement of any copyrights, trademarks, designs, database rights, patents or other intellectual property rights in the jurisdiction in which you access and/or use the Site),which, but for these terms, might have effect in relation to the Site.

 

6. LIABILITY

Cadillac Europe and its officers, directors, employees, agents, partners, affiliates and licensors shall, to the maximum extent permitted under applicable laws, not be responsible and/or liable for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, incidental, special, punitive or consequential losses or damages, or loss of income, profits, goodwill, data, contracts, use of money, loss or damages arising from or connected in any way to business interruption or any other intangible losses), and however they may arise and whether based on contract, tort or any other legal basis (including without limitation negligence), whether or not foreseeable and irrespective of whether Cadillac Europe has been informed in advance about the possibility of such damage, in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site (including, without limitation, completeness, accuracy, timeliness, security or reliability of the Site, or that the content is of satisfactory quality, up-to-date or free from viruses, trojans or other harmful or malicious programs), any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing of the Site or your downloading of any material from the Site or any websites linked to the Site.

Nothing in these terms shall exclude or limit Cadillac Europe’s liability for:

(a) death or personal injury caused by Cadillac Europe’s negligence;

(b) fraud or fraudulent misrepresentation;

(c) any liability under applicable product liability law of for explicitly guaranteed characteristics which cannot be excluded or limited under applicable law.

To the maximum extent permitted under applicable laws, you hereby waive any claim you may have or acquire against Cadillac Europe or any of its officers, directors, employees, agents, partners, affiliates and licensors, and will indemnify and hold Cadillac Europe and any of its officers, directors, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, damages and losses arising out of or connection with your use of the Site.

 

PRIVACY POLICY

1. Types of data being processed / links to other websites

Cadillac Europe cares about your privacy. Via this Site, Cadillac Europe does only collect or otherwise process personal data as explained below.

This Site can also contain links to other Cadillac Europe websites or to websites of our affiliated companies, our dealers, authorized repairers or social media websites. When you click on such a link to any of such other websites, please be aware that these websites may have their own data privacy policies. Please check their privacy policies when using these websites.

Please be informed that Cadillac Europe does not accept any responsibility or liability for any third party websites.

 

2. Collection and use of information

For optimizing this Site in terms of system-performance, usability and providing useful information about our products and services, we automatically gather and store information in log files on your computer. This includes your Internet Protocol (IP) address shortened by the last four characters, browser type and language setting, operating system, internet service provider (ISP) and the date/time stamp ("Information").

We use this Information to manage the Site efficiently and upon your consent (via Cookie pop up), learn more about our users’ behaviors across the Site, analyze trends and gather demographic data about our users as a whole. The Information collected may be used upon your specific consent for our marketing and advertising services and communications (for example optimizing and improving the user experience, providing more attractive special offers and services).

If we use non-personal information together with personal data, this information is treated as personal data for as long as it remains combined.

 

3. Use of cookies

This Site, e-mail messaging, online services, advertisements and interactive applications may use "cookies" for optimizing our services.

What is a "cookie"?

A "cookie" is a small file, typically of letters and numbers that we send to the cookie file of the browser on your computer’s hard disk by our web server. This, for example, allows our Site to recognize a user’s device when a connection has been established between the web server and the web browser. The main purpose of a cookie is to allow our web server to present the user with customized web pages that make the experience when visiting the Site more personal and more responsive to the user’s individual needs.

What kind of cookies does this Site use?

Cadillac Europe may use two types of cookies on this Site:

- Session cookies: these are temporary cookies that are stored in the cookie file of your browser until you end your browser session. Those cookies are mandatory for certain applications or functionalities on this Site to work properly.

- Persistent cookies: we may use persistent cookies for a better user experience (e.g. providing optimized navigation). Those cookies remain in the cookie file of your browser for a longer period. This time period will depend on the choice you make in the settings of your internet browser. Persistent cookies allow information to be passed to a web server each time someone visits the site. Persistent cookies are also known as tracking cookies.

 

4. Third-party cookies

This website could link to third-party advertisers acting as autonomous data controller that could use cookies to measure the effectiveness of the ads and to personalize advertising content. Information that is collected by third-party advertisers may include data such as geolocation data (as derived from the IP address) or with your prior consent contact details such as e-mail addresses when this would be collected via this Site.

 

5. Web beacons and pixels

This Site contains web beacons (also called: "pixel tags"). A web beacon is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel, that is placed on a website or in an e-mail to monitor the on-line behavior of the user visiting the web site or sending the e-mail. Web beacons are used by third-party technologies, on this Site those of ["Adobe Analytics"/"Omniture Analytics"/“Omniture Publish”] provided by Adobe Systems Inc.,San Jose, California, United States, to monitor the activity of the visitors to our Site. It allows to track which computer accessed a certain website, when and from where (country/city level).

 

6. Tracking and Analysis

Cadillac Europe uses for a continuous optimization of its marketing communication the analytical software "Google Analytics" by Google LLC, Mountain View, California, United States. It allows for tracking on-line behavior in terms of time, geographic location and usage of this Site. This information is collected via web beacons and/or cookies. The information gained via web beacons and/or cookies is anonymous and will not be connected to personal data. All information that is necessary for this analysis is stored on servers in the United States of America. Cadillac Europe and General Motors Holdings LLC, Detroit, Michigan, U.S.A.,("General Motors") do not share this information with any third party for its independent use.
The information generated by beacons or cookies about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Please note that on this Site, Google Analytics code is supplemented by “anonymizeIP” to ensure an anonymized collection of IP addresses (so called IP-masking). Google will therefore truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On our behalf Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for us as website operator and providing other services relating to Site activity and internet usage to us. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this Site. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?.

You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this website: <a href=“javascript:gaOptout()“>Disable Google Analytics</a> .

Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/ or at https://policies.google.com.

 

7. Enabling and disabling cookies and similar technologies

You should have the ability to accept or decline all cookies on all the websites you visit by changing the settings in your internet browser. Please refer to your browser instructions to learn more about how to modify your browser settings or how to delete cookies. Please note that certain features and the full functionality of this Site will not be available once cookies are disabled.

In case you want to block third-party cookies (or change your mind later) you can make the appropriate choices on the following website: https://www.adobe.com/privacy.html.

 

8. DATA PROTECTION

Cadillac Europe respects the privacy of every individual who visits the Site. This privacy policy section outlines the information Cadillac Europe may collect and store, and how it will be used. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purposes of data protection, the data controller is Cadillac Europe GmbH a company registered under the laws of Switzerland and having its registered office at Boulevard Lilienthal 6, 8152 Glattpark, Switzerland, legal representative: Felix Weller. Our representative in the EU pursuant to Art. 27 EU-General Data Protection Regulation (“GDPR”) is GM Global Propulsion Systems – Torino S.r.l., corso Castelfidardo 36, 10129 Torino – Phone number + 39 0114248010. With respect to any questions regarding the protection of your personal data or your rights under the applicable data protection law, please contact our data protection office at privacy.europe@gm.com

 

9. INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Site. We will use and process such information for fulfilling our obligations in connection with the contract concluded by such registration, or for providing the services subscribed or requested by you. Our legitimization under applicable data protection law will therefore be Art. 6 para. 1 lit. (a) or (b) GDPR. We may keep your personal data for a retention period of 10 years to cover any legal risk of action and claims.

If you contact us, we may keep a record of that correspondence for the time necessary to answer your request and 90 days thereafter. Our legitimization under applicable data protection law is Art. 6 para. 1 lit. (f) GDPR; our reasonable interest in keeping such records is our ability to better answer any subsequent questions you may have. We consider that our legitimate interests abide by the law and the legal rights and freedoms of our users.

We may also ask you to complete surveys that we use for research purposes which, however, regularly will be made on an anonymous basis and otherwise based on consent in accordance with Art. 6 para. 1 lit. (a).

 

10. IP ADDRESSES AND COOKIES

In some cases, we may collect information about you that is not personally identifiable. Examples of this type of information include your IP address shortened by the last four characters, the type of internet browser you are using, the type of computer operating system you are using, and the domain name of the website from which you linked to our Site or advertisement. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

When you view the Site, we may store some information on your computer. This information will be in the form of a "cookie" or similar file and will help us in many ways. To read more about the types of cookies in use on this site, please read the paragraphs above.

 

11. PERSONAL DATA AND USE OF YOUR PERSONAL DATA

We will not collect any personally identifiable information about you (that is, your name, address, telephone number, or e-mail address) ("personal data") unless you provide it to us voluntarily. If you do not want your personal data collected, please do not submit it.

If you have already submitted personal data and would like it removed from our records, please contact us at the e-mail address or phone number listed at the bottom of this privacy policy section. We will delete your personal data from our records unless we are legitimized to keep personal data stored (e.g. since we are obliged to do so under applicable law).

We will never sell your personal data. Your personal data will only be disclosed to Cadillac Europe, its affiliated or associated companies, retailers and companies used by Cadillac Europe as subcontractors to fulfill our obligations towards you ("select third parties").

We may ask you for your consent that we may use your personal data to keep you informed about new products, existing, products, services, market research, and special offers, and to measure and improve how we serve you, and we and/or our select third parties may contact you about these by post, telephone, e-mail or text messages/SMS.

If you are an existing customer, we and/or our select third parties might contact you with information relating to the products of General Motors.

If you are a new customer, we and/or our select third parties will contact you only if you have consented to this.

Our Site may, from time to time, contain links to and from the websites of our retailers, partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check the respective policies before you submit any personal data to these websites.

We may also disclose your personal data to select third parties in one of the following events:

  • In the event that we sell or buy any business or assets we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Cadillac Europe, or all or substantially all of its assets, are acquired by a third party, personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or governmental request, or in order to enforce or apply our terms of use and other agreements, including investigations of a potential violation thereof; or to protect the rights, property, or safety of Cadillac Europe, our customers, or the public. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
 

You have the following rights under applicable data protection law with regard to the processing of personal data:

  • Request from us access to your personal data under Art. 15 GDPR, which right can be exercised by contacting us at the address set out below;
  • Request from us rectification or completion of your incorrect or incomplete personal data under Art. 16 GDPR;
  • Request from us erasure of your personal data under Art. 17 GDPR;
  • Request from us temporary restriction of processing under Art. 18 GDPR;
  • Right to data portability under Art. 20 GDPR, i.e. the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Art. 6 para. 1 lit. (a), Art. 9 para. 2 lit. (a) GDPR or on a contract pursuant to Art. 6 para. 1 lit. (b) GDPR; and our processing is carried out by automated means.
  • Right to object:You have the right to object the processing of personal data concerning you under the conditions specified in Art. 21 GDPR.
  • Right to withdraw consent:
    In so far as processing of personal data is based on Art. 6 para. 1 lit. (a) or Art. 9 para. 2 lit. (a) GDPR, you may withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
  • Right to lodge a complaint:
    As of 25 May 2018, you can lodge a complaint under Art. 57 para. 1 lit. (f) GDPR with the data protection supervisory authority.

 

12. WHERE WE STORE YOUR PERSONAL DATA

Your personal data is collected, processed, transferred and used by Cadillac Europe and General Motors and affiliated or associated companies, retailers, agents, suppliers and companies used by Cadillac Europe and/or General Motors as subcontractors to process your request(s) or message(s) as well as for marketing purposes, market research, tracking of sales data and in order to contact you. Your personal data may be transferred and processed outside the European Economic Area (“EEA”) (in particular, for the purpose of storage and processing by the commissioned data processing company in the U.S.). All steps reasonably necessary will be taken to ensure that your data is treated securely and in accordance with applicable laws. Cadillac Europe entered into a bilateral agreement with General Motors on the basis of the EU model clauses “controller to controller “ adapted to satisfy Swiss law requirements to ensure that General Motors complies with the data protection standards for the transfer of personal data to countries outside of the European Economic Area or Switzerland and will enter into the same or an agreement based on the EU model clauses "controller to processor" adapted to satisfy Swiss law requirements or the trans-border data flow agreement published by the Swiss Federal Data Protection and Information Commissioner, with any other recipients of personal data established in a country outside the EEA and Switzerland.
All information you provide to us is stored on our secure servers located [within the EU/in the U.S.]. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential.

The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

 

13. CUSTOMER CARE AND ASSISTANCE VIA SOCIAL MEDIA

You may contact Cadillac Europe also via our Social Media Channels (i.e. Facebook, Instagram and Twitter). E.g., if you send us a message or post something on our Social Media Channels, we may use the information in your message or post to follow-up with you on the issue you contacted us for via the Social Media Channel which you used. In order to give you the assistance you requested, we may ask you to provide via direct or private message further information such as details on the issue, name, email, VIN, phone, location (city/state) and/or make, model and year of the vehicle. The information you provide will not be used for direct marketing; market research for service and product improvement will only be carried out on bases of aggregated (anonymized) data.
Please note that you should not include any sensitive data (such as information on racial or ethnic origin, political opinions, religious or philosophical convictions, or health) into you post or message. Be aware that if you post something on a public Social Media Channel, anyone might be able to read it.

 

14. CHANGES TO OUR PRIVACY POLICY

Any changes we may have to our privacy policy section in the future will be posted on this Site and you should regularly check for updates or changes to our privacy policy section.

 

15. Contacting us

If you have any questions, comments and requests regarding this privacy policy section, please contact us at the address stated below. The same applies in case you want to have access to any personal data we have on you as collected via this Site, or when you want this personal data to be corrected, blocked or deleted.


Cadillac Europe GmbH

Boulevard Lilienthal 6

8152 Glattpark

Switzerland

Mail our customer care center: cadillac.europe@gm.com

 

Our Data Protection Officer, who has the primary task of ensuring your rights, monitoring the compliance with GDPR and with the other applicable provisions concerning the protection of personal data, will answer all your questions related to the processing of your personal data and to the exercise of your rights under GDPR.

Our Data Protection Officer can be contacted at the following e-mail address: privacy.europe@gm.com.

You also have the right to contact the data protection supervisory authority in your country of residence. Our EU representative can be reached at the following address: GM Global Propulsion Systems – Torino S.r.l., corso Castelfidardo 36, 10129 Torino – Phone number +390114248010

 

GOVERNING LAW and JURISDICTION

This Legal Notice, Site Terms and Conditions, Privacy & Cookie Policy shall in all respects be governed by substantive Swiss law.

The ordinary courts of Bülach, canton of Zurich, Switzerland, shall have exclusive jurisdiction for all disputes arising out of or in connection with this Legal Notice, Site Terms and Conditions, Privacy & Cookie Policy.


18th of May, 2018