Data protection and GTC
Terms and Conditions:
Effective: 1 February2024
The present General Terms and Conditions (hereinafter referred to as the "General Terms and Conditions" or "GTC") contain the terms and conditions of use of the online services (hereinafter referred to as the "Service") available on the website www.carguru.bid (hereinafter referred to as the "Site") operated by KocsiGuru Kft. (1112 Budapest, Budaörsi út 148/A,B., Tax ID: 25002205-2-43, Company Registration Number:01-09-194049; hereinafter referred to as "KocsiGuru Kft." or "Service Provider") by the user (hereinafter referred to as the "User").
With the registration and the express declaration made during the purchase and the use of the Service, an online contract is concluded between the User and KocsiGuru Kft. in accordance with Article 5 (4) of Act CVIII of 2001 on certain issues of electronic commerce services and information society services (Act on electronic commerce services and information society services). The online contract is not recorded by KocsiGuru Kft. and is therefore not available after the conclusion of the contract. The conclusion of the online contract is confirmed by the electronically saved advertising data.
KocsiGuru Kft., as the operator of the online marketplace carguru.bid, reserves the right to unilaterally amend these General Terms and Conditions. Service Provider will inform the User of the amendment in the form of a short notice. The notice may be included in the dedicated carguru.bid interface. Use of the Service following the modification shall constitute acceptance of the modification of the Contract.
Subject of the GTC:
The User has the right to upload a personal vehicle to the Site after registering on the Service's site or to be present on the auction site for the purpose of purchasing a vehicle. If the User wishes to sell his/her vehicle, the uploading of the vehicle shall constitute the conclusion of an online brokerage contract between the Service Provider and the User, whereby the Service Provider, as the intermediary, shall be obliged to carry out the activity of facilitating the conclusion of a contract for the sale of movable property on behalf of his/her client, and the User, as the User of the Service, shall be obliged to pay the fee. The Service Provider shall provide an online auction platform for registered Users, on which it shall sell in accordance with the rules set out in Clause 2 of these GTC.
Definitions:
Open Bidding: All partners can see the current highest bid and decide whether they wish to bid more for the vehicle. You have the option to raise at least the minimum bid. If a new bid is received within 1-5 minutes before the bid expires, the bid closing time will be extended by 1-5 minutes, so the auction will only end if no one has bid on the winning bid before the expiry time.
Closed (blind) bidding: Each bidder places his/her own - maximum - bid regardless of the bids of others, and no current bids are visible in the system at any level of eligibility during bidding. The bid amount can be freely increased until the end of the bidding period, but the bid previously placed cannot be reduced or cancelled. At the end of the auction, the result is displayed immediately. In the case of a sealed bid, it is possible that more than one bidder may place the highest bid at the same price, in which case the earliest bid price is the official winner.
Bid increment: the bid increment is the minimum price by which a new bid must exceed the previous bid. For example, if someone bids 1 000 000 HUF for a car and the bid increment is 20 000 HUF, you must bid 1 020 000 HUF for it if you want to be the highest bidder.
Minimum price: The minimum price that the seller is willing to sell the item for at auction. The minimum price is not always the same as the starting price, and its value is often not public, only when it is reached, or afterwards, to see if the bid has already reached its amount. If the highest bid is below the minimum price, the product is not sold.
Flash price: in an auction, the price at which someone can buy the product immediately without further bidding if they bid.
Bidding agent: a bidding agent is an automated order that can be set up by users to automatically hold bids up to the amount specified by the buyer. It is useful to set up a bidding agent if the buyer does not want/needs to follow the auction online, but sets a fixed amount and the "agent" represents him/her in the bidding up to that limit.
Bidding limit: The bidding limit for each bid is 5 working days from the date of bidding. The Agent has this time to decide whether or not to sell the winning vehicle to the User. The purchase obligation may only be waived after the bid closing upon payment of a 15% buyer's premium and the bid fee.
1.1 It is possible to register on the Site with the intention to buy and with the intention to sell.
1.2. Legal persons must create a user account by registering to use the service, while if a natural person wishes to sell a vehicle on the website, he/she must notify his/her intention to sell by sending an email to info@carguru.bid.
1.3 The purchase service on the CarGuru.BID site is available exclusively to car dealers by registration.
1.4 During the registration, the User is obliged to provide the data listed in this section and to declare that the User acknowledges that he is a business entity, represented by an authorised representative, by providing true and correct data.
The required data are:
Company name
Country
Postal code
City
Postal address
Tax number
Company registration number
Telephone number
1.5 The User is obliged to provide his/her exact details during the registration process and to modify them later if any of them change.
1.6. The User accepts that in case of registration with incorrect or incomplete data, his/her user account may be partially or completely restricted or suspended.
1.7. The User may be restricted for the duration of the verification.
1.8 The services of carguru.bid are not available to the User with a limited, suspended registration.
1.9. Service Provider may, at its sole discretion, refuse registration to any entity or restrict any User's access to some or all of the Site's services.
1.10. Sales and purchases on carguru.bid may only be initiated by a User who is authenticated and approved by the Operator. The User, as a seller, may be approved to use the Site after signing the Contract of Undertaking in the form of a company. The User may be approved as a buyer if he/she correctly fills in the registration data and sends the necessary documents to the Operator.
1.11. By using the Site, the User accepts and acknowledges to be bound by the provisions of these Terms and Conditions, the Privacy Policy forming part of these Terms and Conditions, and undertakes to comply with the GTC. The User may use the Site solely at his/her own risk and responsibility.
2.1.After successful registration, the User has the possibility to enter the auction platform on the Service Provider's website, where he can participate in the auction by clicking on the detail page of the vehicle of his choice.
2.2.With the help of the Bidding Agent, the User can set the amount rounded to thousands of forints (which cannot be lower than the starting price or the current highest bid) or, in the case of a Blind bid, the price that the User would pay for the selected vehicle.
2.3 The User then enters the maximum amount he is willing to pay for the vehicle. In case of an open bid, this amount will not be displayed on the website. The bidding agent will bid the lowest possible amount that is one bid increment above the previous bid. The bidding agent will continue to do this until it reaches your maximum amount. In the case of a blind bid, since the maximum amount you would pay for the car is already fixed, there is nothing more to do.
2.4 User enters his bid by clicking on the "Submit" button. The Service Provider informs the User that all bids are binding and cannot be deleted or removed from the website.
2.5. The auction will then automatically end and the User will be the winner.
2.6. In the case of an open bid, it is recommended to follow the bid on the car detail page a few minutes before the auction expires, as last minute bids may be higher than the bid submitted by the User.
2.7 The Service Provider closes the auctions for Users two days a week, on Tuesday and Thursday.
3.1 The duration of the bidding period is the same as the duration of the transaction.
3.2 After the auction closes, a contract is concluded between the seller and the buyer. Both the buyer and the seller are obliged to perform and abide by the terms of the contract. Accordingly, the seller is obliged to sell the offered vehicle to the buyer at the knock-down price. The buyer, if the seller performs the contract, is obliged to buy and take delivery of the vehicle at this knock-down price. Payment of the purchase price shall be made to the account of KocsiGuru Ltd. KocsiGuru Kft. will transfer the remaining amount to the seller within 8 days after deduction of the costs specified in the General Terms and Conditions.
3.3 You can collect the vehicle from the Service Provider premises within 6 days of the successful bid closing or request delivery at a price agreed with our customer service. If the buyer does not take delivery of the product or does not pay the purchase price, Service Provider has the right to restrict or suspend the buyer's user access. If the seller, despite the buyer's performance, does not deliver the product, the Service Provider has the right to restrict or suspend the seller's user access.
3.4. By bidding for the vehicle, the User as the buyer undertakes that if the User does not take delivery of the vehicle offered by the seller after the successful closing of the auction and does not conclude the sales contract with the seller, the User shall pay the Operator a fee of HUF 50,000 + VAT for the use of the service provided by the Operator.
3.5 In the case of an auction sale, if the buyer's bid is the highest and has reached the minimum price, both the seller and the buyer are obliged to complete the sale, unless the sale is prohibited by law or by any provision of these General Terms and Conditions.
4.1.Only KocsiGuru Kft. is entitled to upload a vehicle on the carguru.bid site, after the condition of the vehicle has been assessed by KocsiGuru Kft.'s contracted partner.
4.2.Service Provider undertakes to display on the product page the exact, realistic parameters and characteristics of the uploaded vehicle, good quality photographs and a condition sheet prepared by the contracted partner.
4.3 The User, as the seller, may charge the full amount of the winning bid as the consideration for the product uploaded by him. The prices indicated on carguru.bid are gross prices. The seller is obliged to issue an invoice to the buyer.
4.4. The offers made by the User as a buyer on the carguru.bid site are considered as a contract declaration.
4.5. The User may not bid in the auction launched by him/herself, nor may he/she make a purchase offer, either by himself/herself or through an agent, using his/her own or any other user name registered on the carguru.bid site. In case of self-bidding, Service Provider has the right to suspend or permanently terminate the User's access.
5.1. The Service Provider does not assume any liability in connection with the solicitations, offers and contracts concluded on the basis of these or the failure to conclude any contract.
5.2 In view of the above, Service Provider is not responsible for the quality, safety and legal compliance of the vehicles advertised on the site it operates. Furthermore, Service Provider is not responsible for ensuring that buyers can actually buy and sellers can actually sell the vehicle, nor can it ensure that users can complete the sale between themselves. In the event of unavailability of sales/auctions, Service Provider excludes any other claims for compensation, whether direct or indirect.
5.3.Service Provider does not intervene in disputes and transactions between users, in the event of any dispute, the User shall indemnify Service Provider from any claims, demands and damages.
5.4.The User shall be solely responsible for the content published or made available by the User, including any material or non-material damage caused by or otherwise in connection with the content.
5.5.The delivery of the sold products and the financial settlement shall take place at the premises of Service Provider.
6.Rules on Warranty, Service Warranty and Guarantee
6.1.The Service Provider shall provide the following information to the Customer of the Service who is a consumer.
6.2.Warranty for accessories
6.3 In case of defective performance of the Service, the recipient of the Service may assert a warranty claim against the Service Provider in accordance with the rules of the Civil Code.
6.4. He may request repair or replacement, unless the fulfilment of the claim chosen by the Service User is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfilment of his other claim. If the repair or replacement has not been or could not have been requested, the Service User may request a proportionate reduction in the price or have the defect repaired or replaced by another party at the expense of the undertaking or, as a last resort, may withdraw from the Contract. The Service User may switch from one of his chosen rights of warranty of convenience to another, but the cost of the switch shall be borne by the Service User, unless it was justified or the Service Provider gave a reason for it.
6.5 The Service User shall notify the Supplier of the defect immediately after its discovery, but not later than two months after the discovery of the defect. However, he may no longer assert his rights to claim for defects beyond the two-year limitation period from the date of performance of the Contract.
6.6 The Customer of the Service may assert a claim for ancillary liability against the Service Provider.
6.7 Within six months from the date of performance, the Customer of the Service may assert a claim for a supplementary warranty on the basis of the defect, provided that the Customer of the Service proves that he has purchased the Service from the Supplier. However, after six months from the date of performance, it shall be for the Customer to prove that the defect discovered by the Customer existed at the time of performance.
7.1 Neither Party shall be liable for the performance of its obligations under the Contract in the event of an unforeseeable event outside its control. Such circumstances shall be deemed to include, for example: natural disaster, fire, flood, order of a public authority, state of emergency, riot, civil war, war, strike, demonstration or similar work stoppage, transport or other breakdowns, shortage of raw materials.
7.2 If, due to a Vis Major Event, the duration of the suspension exceeds two months, either Party shall be entitled to terminate the Contract.
7.3 In the event of a Major Event, the Party concerned shall notify the other Party in writing.
7.4 Events of force majeure shall not constitute an exemption from payment of the invoice for the Services provided.
8.1 The undertaking must inform the consumer of its registered office, the place where complaints are dealt with, if different from the place of distribution or sale, and the method adapted to the specific nature of the activity, commercial form or method, and, for the purpose of communicating complaints, the mailing address and, if complaints are also received in this way, the electronic mail address and Internet address and telephone number of the undertaking's customer service.
8.2 The consumer may make a complaint orally or in writing to the undertaking about the conduct, activity or omission of the undertaking or of any person acting in the interests of the undertaking or on its behalf directly related to the marketing or sale of goods to consumers.
8.3 The oral complaint must be investigated immediately and, where necessary, remedied. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the undertaking must immediately take a record of the complaint and its position on it and provide a copy of the record
(a) in the case of an oral complaint made in person, to the consumer on the spot,
(b) in the case of an oral complaint made by telephone or other electronic communications service, to the consumer no later than 30 days after receipt of the complaint, together with a substantive reply.
The undertaking shall assign a unique identification number to the oral complaint made by telephone or by electronic communications.
The record of the complaint must include the following:
the name and address of the consumer,
the place, time and manner in which the complaint was lodged,
a detailed description of the consumer's complaint, a list of the documents, records and other evidence presented by the consumer,
a statement by the undertaking of its position on the consumer's complaint, where an immediate investigation of the complaint is possible,
the signature of the Protocol by the Service User and, except in the case of an oral complaint made by telephone or other electronic communications service, by the consumer,
the place and time when the minutes were taken,
in the case of an oral complaint made by telephone or other electronic communications service, the unique identifier of the complaint.
8.4. The undertaking shall state the reasons for its refusal to act on the complaint. If the complaint is rejected, the undertaking must inform the consumer in writing of the authority or conciliation body to which the complaint may be submitted, according to its nature. The correspondence address of the competent authority or conciliation body where the undertaking is established must be provided.
8.5 When asserting a warranty claim, the consumer must prove that the contract was concluded. If the business disputes the conclusion of the contract, it must draw the consumer's attention to the possibility of lodging a complaint and the way in which the complaint can be lodged in accordance with the Consumer Protection Act. The conclusion of the contract shall be deemed to have been proved if the consumer produces proof of payment of the consideration, such as an invoice or receipt issued in accordance with the VAT Act.
8.6 The notification of a warranty or guarantee claim does not constitute a complaint under the Consumer Protection Act.
The trader must keep a record of the warranty or guarantee claim notified to him by the consumer, stating
the name and address of the consumer and a statement that he consents to the processing of his data recorded in the record in accordance with the Regulation,
the description of the movable good sold under the contract between the consumer and the trader, the purchase price
the date of performance of the contract by the business
the date of the notification of the lack of conformity,
the description of the defect,
the right the consumer wishes to exercise under a warranty or guarantee claim, and
the means of settlement of the warranty or guarantee claim or the grounds for refusing the claim or the right to enforce it.
8.7 If the business fulfils its warranty or guarantee obligations in a way other than in accordance with the consumer's wishes, the reasons for this must be stated in the record.
8.8 The minutes must contain information that in the event of a consumer dispute, the consumer may also initiate proceedings before a conciliation body attached to the county (metropolitan) chambers of commerce and industry.
8.9 A copy of the minutes must be made available to the consumer without delay and in a verifiable manner.
8.10. If the business is not able to declare the enforceability of the consumer's warranty or guarantee claim at the time of its notification, it must inform the consumer of its position within five working days in a verifiable manner, including the reasons for the rejection of the claim and the possibility of recourse to the conciliation body.
8.11. The business must endeavour to carry out the repair or replacement within a maximum of fifteen days.
For the purpose of repair or to check whether a warranty or guarantee claim can be met, the movable item must be accepted against a receipt stating
(b) the particulars necessary to identify the goods,
(c) the date of receipt of the goods,
(d) the date on which the consumer may take delivery of the repaired item.
The above may also be completed in the record of the warranty or guarantee claim.
8.12. If the consumer wishes to make a warranty claim for repair directly to the repair service indicated on the warranty ticket, the repair service must notify the undertaking immediately of the notification of the warranty claim. The repairer must carry out the repair within a maximum of fifteen days.
8.13. The contractor shall inform the customer/buyer that in the event of any complaint, dispute or grievance, the customer/buyer has the right to apply to a conciliation body.
Budapest Chamber of Commerce and Industry, Budapest Conciliation Board
1016 Budapest, Krisztina krt. 99. 310.
Postal address: 1253 Budapest, PO Box 10.
E-mail address: bekelteto.testulet@bkik.hu
Fax: 06 (1) 488 21 86
Telephone: 06 (1) 488 21 31
Filing times: Monday: 8.30-16.30, Tuesday: 8.30-16.30, Wednesday: 8.30-16.30, Thursday: 8.30-18.00, Friday: 8.30-13.30
Consultation hours: Monday: 12:30-16:30, Wednesday: 12:30-16:30.
In the event of a complaint, the customer can contact the conciliation body in his/her place of residence, whose contact details can be found here: http://www.fogyasztovedelem.kormany.hu/node/8579
8.14. The conciliation body, an independent body attached to the competent regional chambers of commerce and industry, is responsible for settling out of court disputes between consumers and businesses concerning the quality of the service, the safety of the service, the application of the rules on liability for services, the quality of the service, the conclusion and performance of the contract between the parties, and for attempting to reach an agreement to this end and, if this is unsuccessful, for deciding on the case in order to ensure the simple, rapid, effective and inexpensive enforcement of consumer rights. The conciliation body shall, at the request of the consumer or the business, give advice on the rights and obligations of the consumer.
8.15. The conciliation body of the consumer's place of residence or domicile shall be competent for the procedure. In the absence of the consumer's domicile or residence, the conciliation body shall be established at the seat of the undertaking or the body authorised to represent the consumer in the consumer dispute. The consumer may legitimately request that another conciliation body designated by him be competent.
8.16. The initiation of conciliation body proceedings at the request of the consumer is subject to the consumer attempting to resolve the dispute directly with the undertaking concerned.
The consumer must submit the request in writing addressed to the chairman of the conciliation body.
The request must include:
the name, address or place of residence of the consumer,
the name, registered office or place of business of the undertaking involved in the consumer dispute
if the consumer wishes to apply a jurisdiction other than the general jurisdiction, the name of the conciliation body with the corresponding jurisdiction
a brief description of the consumer's position, the facts in support of it and the evidence in support of it
a statement by the consumer that he has tried to resolve the dispute with the business
a statement by the consumer that no other conciliation body has taken action in the matter, that no mediation procedure has been initiated, that no application for a claim has been lodged or for an order for payment,
a request for a decision by the body,
the signature of the consumer.
8.17. The application must be accompanied by the document or a copy (extract) of the document to the contents of which the consumer refers as evidence, in particular the written statement by the undertaking rejecting the complaint or, failing this, any other written evidence available to the consumer that the necessary prior conciliation has been attempted.
8.18. If the consumer acts through an authorised representative, the authorisation must be attached to the application.
8.19. The chairman of the conciliation body shall terminate the procedure if it can be established that proceedings, mediation, litigation or a final judgment on the same factual basis between the parties have been brought before another conciliation body in respect of the same right.
8.20. The chairperson shall give the parties prior notice of the date fixed for the hearing or of his/her intention to waive the hearing.
8.21. The chairman may, at his discretion, initiate the written procedure, but must obtain the consent of both parties to waive the hearing. Consent shall be deemed to have been given if the party does not make a statement within fifteen days of the date of service of the Chairman's notice to that effect.
8.22. In the course of the proceedings, the Chairman of the Board shall attempt to reach a settlement between the parties. If the settlement is in accordance with the law, the Board shall approve it by resolution, failing which, or in the absence of a settlement, the proceedings shall continue.
8.23. The proceedings shall not be public unless both parties consent to the proceedings being public.
8.24. If either party fails to appear or to present evidence at the hearing despite due notice, the Board shall conduct the proceedings and decide on the basis of the available evidence.
The Board shall terminate the proceeding, the consumer shall withdraw the application, the parties agree to terminate the proceeding, the proceeding shall be discontinued, or the proceeding shall be deemed by the Board to be no longer necessary for any reason, including where the application is found to be unfounded without a hearing.
In the absence of a settlement, the Board shall issue a decision binding on the merits of the case if the request is well founded and the undertaking has made a general statement of submission, registered with the conciliation board or the Chamber or in its commercial communications, has, at the commencement of the proceedings or at the latest by the time the decision is taken, acknowledged the decision of the conciliation panel as binding on it, or makes a recommendation if the application is well founded but the undertaking has stated at the commencement of the proceedings that it does not recognise the decision of the panel as binding or has not stated that it recognises the decision of the panel as binding at all.
The Board shall decide to reject the consumer's application if, after the hearing, it finds that the application is unfounded.
The costs of the proceedings shall be borne by the party against whom the Council has taken a decision.
The Council's decision or recommendation shall not affect the consumer's right to pursue his claim in court.
There is no right of appeal against a decision or recommendation of the council which imposes an obligation, but the court may be asked to set it aside.
8.25. The consumer may use the EU online dispute resolution platform in the event of a complaint. Access to the platform requires a simple registration on the European Commission's system: https://webgate.ec.europa.eu/cas/eim/external/register.cgi?loginRequestId=ECAS_LR-4910284-bFNAMx5Q6b5SuCNZWHYvrENissPnXyiCyOKX3CtsYmzeHj0fD9VShOJhCNzzKzzm11mO056K0GH62LdBBu3t7bA-PHslUMVSXYCHutmzRzGSoo0-XywZ5jaxHxO63lMywVeL1TOogUxmKZQZpoznr0Tyado
After logging in, the consumer can then submit a complaint via the online website: http://ec.europa.eu/odr
9.1 The provisions of these GTC are valid from 1 August 2023 and apply to contracts concluded after that date. The conclusion of contracts is possible in Hungarian. The Service Provider reserves the right to change these GTC and will publish the changes on the website. Any issues not regulated in these GTC shall be governed by Hungarian law, and Hungarian courts shall have jurisdiction over any disputes.
DATA PROCESSING INFORMATION
KOCSIGURU LIMITED LIABILITY COMPANY
Effective: from 01 March 2024
DATA MANAGEMENT INFORMATIO
Introduction, principles
KocsiGuru Kft. (1112 Budapest, Budaörsi út 148/A,B., 25002205-2-43, Company Registration Number:01-09-194049 hereinafter referred to as the "Controller" or the "Company") as the controller of personal data shall act in accordance with the provisions of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "Regulation" or the "GDPR Regulation") and the applicable laws.
The Data Controller respects your (hereinafter "Data Subject") rights to the protection of personal data. This notice summarises in a concise and simple manner what data we collect, how we may use it, the tools we use and the data protection and data subject's data protection and enforcement rights.
Detailed rules can be found in the said Regulation and related legal acts, and if you require further information, you are encouraged to consult the Regulation or to contact the Data Controller using the contact details also provided in this notice.
The Controller shall act in accordance with the following principles in its processing activities. The Data Controller shall inform the Data Subject of the processing rules in a timely manner and in the prescribed manner before the processing starts.
The Controller shall collect, store and use personal data only for specified purposes in accordance with the purpose limitation principle.
The personal data collected shall always be adequate, relevant and sufficient for the purpose for which it is collected, and the Data Controller shall comply with the principle of data minimisation by complying with this rule.
In the spirit of data accuracy, the Data Controller shall take reasonable steps to ensure that the Data Subject's personal data are complete, accurate, up-to-date and reliable to the extent necessary for the purpose for which they are collected.
The Data Controller shall use personal data for marketing purposes only with the consent of the Data Subject and shall give the Data Subject the opportunity to opt-out of such communications.
The Data Controller shall take proportionate and complete steps to ensure the protection of the Data Subject's personal data as detailed in this Privacy Notice, including in cases where it transfers them to third parties.
The scope of this Privacy Notice covers the entire data processing activities of the Data Controller, including, but not limited to, the processing of personal data of representatives and contacts of business entities that come into contact with the Data Controller in the course of their economic (business) activities, as Data Subjects, the use of the website www.carguru.bid and the data security principles applied.
Interpretative provisions
Regulation, GDPR Regulation: Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data;
Personal Data - any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, number, location data, online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person;
'processing' means any operation or set of operations which is performed upon personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
"Controller" means a natural or legal person, public authority, agency or any other body which, alone or jointly with others, determines the purposes and means of the processing of personal data