Privacy Statement
Mercedes-Benz Cars & Vans Brasil.
São Bernardo do Campo – SP
Telefone: 0800 970 90 90
E-mail: cs.bra@cac.mercedes-benz.com
1. Data protection
We appreciate you visiting our website and your interest in the
products we offer. Protecting your personal data is very important to us. In
this Privacy Policy, we explain how we collect your personal information, what
we do with it, for what purposes and on what legal foundation we do so, and
what rights you have on that basis. We will also refer you to Daimler's Data
Protection Policy:
Daimler data protection guideline.
Our Privacy Statement on the use of our websites and the Mercedes-Benz Group AG
Data Protection Policy do not apply to your activities on the websites of
social networks or other providers that can be accessed using the links on our
websites. Please read the data protection provisions on the websites of those
providers.
2. Collecting and processing your personal data
a. Whenever you visit our websites, we store certain information about the
browser and operating system you are using; the date and time of your visit;
the status of the interaction (e.g. whether you were able to access the website
or received an error message); the usage of features on the website; any search
phrases you entered; how often you visit individual websites; the names of the
files you access; the amount of data transferred; the Web page from which you
accessed our website; and the Web page you visited after visiting our website,
whether by clicking links on our websites or entering a domain directly into
the input field of the same tab (or window) of the browser in which you have
our websites open. In addition, we store your IP address and the name of your
Internet service provider for seven days. This is for security reasons; in
particular, to prevent and detect attacks on our websites or attempts at fraud.
b. We only store other personal data if you provide this data, e.g. as part of a registration, contact form, chat, survey, price competition or for the execution of a contract, and even in these cases only insofar as this is permitted to us on the basis of a consent given
by you or in accordance with the applicable legal provisions (see section 7).
c. You are neither legally nor contractually obligated to share your personal information. However, certain features of our websites may depend on the sharing or personal information. If you do not provide your personal information in such cases, you may not be able to use those features, or they may be available with limited functionality.
3. Purposes of use
a. We use the personal information collected during your visit to any of
our websites to make using them as convenient as possible for you and to
protect our IT systems against attacks and other unlawful activities.
b. If you share additional information with us – for example, by filling
out a registration form, contact form, chat, survey, contest entry or to
execute a contract with you – we will use that information for the designated
purposes, purposes of customer management and – if required – for purposes of
processing and billing and business transactions within the required scope in
each instance.
c. For other purposes (e.g. display of personalized content or advertising
based on your usage behaviour), we and, if applicable, selected third parties,
use your personal data if and to the extent you give your consent through our
consent management system. You will find further information and
decision-making options here.
d. In addition, we use personal data to the extent that we are legally
obliged to do so (e.g., storage for the fulfilment of commercial or tax-related
retention obligations, release in accordance with official or judicial orders,
e.g. to a law enforcement authority).
4. Transfer of Personal Information to Third Parties; Social Plugins; Use of Service Providers
a. Our websites may also contain an offer of third parties. If you click on such an offer, we transfer data to the respective provid-er to the required extent (e.g. information that you have found this offer with us and, if applicable, further information that you have already provided on our websites for this purpose).
b. b. When we use social plug-ins on our websites from social net-works such as Facebook and Twitter, we integrate them as fol-lows:When you visit our websites, the social plug-ins are deactivated, i.e. no data is transmitted to the operators of these networks. If you want to use one of the networks, click on the respective so-cial plug-in to establish a direct connection to the server of the respective network.If you have a user account on the network and are logged in when you activate the social plug-in, the network can associate your visit to our websites with your user account. If you want to avoid this, please log out of the network before activating the social plug-in. A social network cannot associate a visit to other Daimler websites until you have activated an existing social plug-in.When you activate a social plug-in, the network transfers the content that becomes available directly to your browser, which integrates it into our websites. In this situation, data transmis-sions can also take place that are initiated and controlled by the respective social network. Your connection to a social network, the data transfers taking place between the network and your system, and your interactions on that platform are governed solely by the privacy policies of that network. The social plug-in remains active until you deactivate it or delete your cookies (see section 5.d).
c. If you click on the link to an offer or activate a social plug-in, personal data may reach providers in countries outside the Eu-ropean Economic Area that, from the point of view of the Euro-pean Union ("EU"), may not guarantee an "adequate level of protection" for the processing of personal data in accordance with EU standards. Please remember this fact before clicking on a link or activating a social plug-in and thereby triggering a transfer of your data.
d. We also use qualified service providers (e.g., IT service provid-ers, marketing agencies) to operate, optimize and secure our websites. We only pass on personal data to the latter insofar as this is necessary for the provision and use of the website and its functionalities, for the pursuit of legitimate interests, to comply with legal obligations, or insofar as you have consented there to (see section 7). You will find more information regarding recipi-ents of personal data in our consent management system
5. Cookies
a. Cookies may be used when you are visiting our websites. Tech-nically, these are so-called HTML cookies and similar software tools such as Web/DOM Storage or Local Shared Objects (so-called "Flash cookies"), which we collectively refer to as cookies.
b. Cookies are small files that are stored on your desktop, note-book or mobile device while you visit a website. Cookies make it possible, for example, to determine whether there has already been a connection between the device and the websites; take in-to account your preferred language or other settings, offer you certain certain functions (e.g. online shop, vehicle configurator) or recognize your usage-based interests. Cookies may also con-tain personal data.
c. Whether and which cookies are used when you visit our web-sites depends on which areas and functions of our websites you use and whether you agree to the use of cookies that are not technically required in our Consent Management System. You will find further information and decision-making options here.
d. The use of cookies also depends on the settings of the web browser you are using (e.g., Microsoft Edge, Google Chrome, Apple Safari, Mozilla Firefox). Most web browsers are preset to automatically accept certain types of cookies; however, you can usually change this setting. You can delete stored cookies at any time. Web/DOM storage and local shared objects can be delet-ed separately. You can find out how this works in the browser or device you are using in the manual of the learner.
e. The consent to, and rejection or deletion of, cookies are tied to the device and also to the respective web browser you use. If you use multiple devices or web browsers, you can make deci-sions or settings differently.
f. If you decide against the use of cookies or delete them, you may not have access to all functions of our websites or individual functions may be limited.
6. Security
We take technical and organizational security measures in order to
protect your information managed by us from being tampered with, lost,
destroyed or accessed by authorized individuals. We are continuously improving
our security measures in line with technological advancements.
7. Legal Foundations for Processing
a. If you have given us your consent to process your personal in-formation, then that is the legal foundation for processing it (Art. 6, para. 1, letter a, of the EU's General Data Protection Regulation, or GDPR).
b. Art. 6, para. 1, letter b, of the GDPR is the legal basis for pro-cessing personal information for the purpose of entering into a contact or performing a contract with you.
c. If processing your personal information is required to fulfill our legal obligations (e.g. data retention), we are authorized to do so by Art. 6, para. 2, letter c, of the GDPR.
d. Furthermore, we process personal information for purposes of protecting our legitimate interests as well as the interests of third parties in accordance with Art. 6, para. 1, letter f of the GDPR. Examples of such legitimate interests include maintain-ing the functionality of our IT systems as well as the (direct) marketing of our products and services (to the extent not cov-ered by your consent) and those of third parties and the legally required documentation of business contacts. As part of the consideration of interests required in each case, we take into ac-count various aspects, in particular the type of personal infor-mation, the purpose of processing, the circumstances of pro-cessing and your interest in the confidentiality of your personal information.
8. Deleting your personal data
Your IP address and the name of your Internet service provider,
which we store for security reasons, are deleted after seven days. Moreover, we
delete your personal information as soon as the purpose for which it was
collected and processed has been fulfilled. Beyond this time period, data
storage only takes place to the extent made necessary by the legislation,
regulations or other legal provisions to which we are subject in the EU or by
legal provisions in third-party countries if these have an appropriate level of
data protection. Should it not be possible to delete data in individual cases,
the relevant personal data are flagged to restrict their further processing.
9. Rights of the Data Subject
a. As a data subject affected by data processing, you have the right to information (Section 15 GDPR), Correction (Section 16 GDPR), Deletion (Section 17 GDPR), Restricted processing (Sec-tion18 GDPR) and Data Transferability (Section 20 GDPR).
b. If you have consented to the processing of your personal infor-mation by us, you have the right to revoke your consent at any time. Your revocation does not affect the legality of the pro-cessing of your personal information that took place before your consent was revoked. It also has no effect on the continued processing of the information on another legal basis, such as to fulfill legal obligations (see section titled "Legal Foundation of Processing").
c. Right to object
For reasons relating to your particular situation, you have the right to file an objection at any time to the processing of personal data pertaining to you that is collected under Section 6 Clause (1e) GDPR (data processing in the public interest) or Section 6 Clause 1 f) GDPR (data processing on the basis of a balance of interests). If you file an objection, we will contin-ue to process your personal data only if we can document mandatory, le-gitimate reasons that outweigh your interests, rights and freedoms, or if processing is for the assertion, exercise or defense of legal claims. To the extent we use your personal data for direct marketing based on legitimate interests, you have the right to object at any time without giving reasons.
d. We ask you to address your claims or declarations to the follow-ing contact address if possible.
10. Newsletter
If you subscribe to a newsletter offered on our website, the
information provided during registration for the newsletter will be used solely
for the purpose of mailing the newsletter unless you consent to its use for
additional purposes. You may cancel the subscription at any time by using the
option to unsubscribe contained in the newsletter.
11. Mercedes-Benz Group AG's Central Registration Service
With the Central Registration Service offered by Mercedes-Benz Group AG, you can
sign up for every website and application belonging to the Daimler Group and
its brands that are connected to the service. The applicable terms of use
contain specific data protection provisions. Those terms of use can be found on
the registration pages of affiliated websites and applications.
12. Data transmission to recipients outside the European Economic Area
a. When using service providers (see section 4. d.) and passing on data to third parties based on you consent (see section 3.c.), personal data may be provided to re-cipients in countries outside the European Union ("EU"), Iceland, Liechtenstein and Norway (= European Econom-ic Area) are transferred and processed there, in particular USA, India.
b. In the following countries, from the EU's point of view, there is an adequate level of personal data protection (so-called "adequacy"), in compliance with EU standards: Andorra, Argentina, Canada (limited), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zea-land, Switzerland, Uruguay. We agree with recipients in other countries on the use of EU standard contractual clauses, binding corporate rules or Swiss-U. S. Privacy Shield to create an "adequate level of protection" accord-ing to legal requirements. For more information, please use the contact details given in section 9.d. above.
Copyright
Copyright 2017 Mercedes-Benz Group AG. All rights reserved. All text, images, graphics, audio/video and animation files and their arrangements are protected by copyright and other legislation for the protection of intellectual property. They must not be used for commercial purposes, nor copied or modified for use on other websites. Some web pages of Mercedes-Benz Group AG also contain material which is subject to the copyright of those who made it available.
Products and prices
Changes may have been made to products and services since the editorial deadline for individual pages. The manufacturer reserves the right to make changes to the design, form, colour and the product specification or service scope during the delivery period, provided these changes, while taking into account the interests of Daimler, can be deemed reasonable with respect to the buyer. The illustrations may show accessories, optional equipment or other features which are not part of the standard specification or service scope. Colours may differ slightly from those shown on the website, owing to technical limitations. Individual pages may contain models and services which are not available in certain countries. Information given regarding statutory regulations, legal requirements and taxation applies only to the Federal Republic of Germany. Unless stated otherwise in our Terms & Conditions of sale and delivery, the prices as valid on the day of delivery apply. The prices are recommended retail prices for our authorised dealers. Please consult a company branch or an authorised dealer for final details.
Trademarks
Unless otherwise indicated, all brands displayed on Daimler Internet sites are subject to the trademark rights of Daimler, this applies especially to its model names, and its corporate logos and emblems.
Licence rights
Daimler has sought to achieve an innovative and informative Internet site. We hope that you will be as enthusiastic as we are about this creative effort. However, we hope you understand that Daimler must protect its intellectual property, including its patents, trademarks and copyrights. Accordingly, you are hereby on notice that neither this Internet site, nor any material contained therein shall in any way grant or be taken to grant any person a licence to Daimler’s intellectual property.
Cautions regarding forward-looking statements
Internet pages, investor relations releases, annual and interim reports, outlooks, presentations, audio and video files of events (live or recorded) and other documents on this website contain among other things forward-looking statements that reflect management's current views with respect to future events. The words "anticipate", "assume", "believe", "estimate", "expect", "intend", "may", "plan,“ "project“, "should“ and similar expressions identify forward-looking statements. Such statements are subject to risks and uncertainties. Examples may include an economic downturn in Europe or North America, changes in currency exchange rates, interest rates and in raw material prices, introduction of competing products, increased sales incentives, the successful implementation of the new business model for smart, delivery delays for production materials owing to supply bottlenecks, strikes or supplier insolvencies, and a decline in resale prices of used vehicles. Should one of these uncertainties or other difficulties (some of them are described under the heading "Risk report" in the current Daimler annual report plus under the heading "Risk Factors" in the current Daimler annual report in Form 20-F, which was submitted to the U.S. securities and stock exchange commission) arise or the assumptions based on the statements turn out to be incorrect, the actual results could significantly differ from the results mentioned in these statements or implicitly expressed. We do not intend or assume any obligation to continuously update any forward-looking statement, which solely reflects the circumstances on the day of publication.
Liability
The information and descriptions on these pages do not represent any kind of assurance or guarantee either expressed or implied. In particular they do not represent any implied assurance or guarantee concerning the condition, the merchantability, adequacy for a particular purpose or non-infringement of laws and patents.
Our Internet site contains links to external sites which are not under the control of Daimler. Please note, therefore, that we are not responsible for the contents of any linked site. Consequently, neither are we able to guarantee that the information provided on the external website is up-to-date, correct, complete or of the required integrity. In view of this, we hereby disassociate ourselves from all contents of these websites. This declaration applies to all links to external pages on our website and the contents thereof.
Note in accordance with § 36 Consumer dispute resolution law (VSBG). The following applies to German users: Mercedes-Benz Group AG will not participate in a dispute resolution procedure before a consumer conciliation board under the terms of the VSBG nor is it obliged to do so.
Information on online dispute resolution: The EU Commission has created an Internet platform for online dispute settlement (known as "OS platform"). The OS platform serves as a point of contact for out-of-court dispute settlement with regard to contractual obligations arising from online purchase agreements. You can access the OS platform via the following link:
http://ec.europa.eu/consumers/odr