Data protection.

Privacy Statement

Controller within the meaning of the General Data Protection Regulation (“GDPR”) is:

Daimler AG
smart
Mercedesstraße 120
70372 Stuttgart
Phone: 00800 2 77 77 777
E-Mail: cs.deu.smart@cac.smart.com

Data Protection Officer:

Daimler AG
Konzernbeauftragter für den Datenschutz/Chief Officer Corporate Data
Protection
HPC E600
D-70546 Stuttgart
Germany
E-Mail: data.protection@daimler.com

Data protection

We are pleased about your visit on our web pages and your interest in our offers. The protection of your personal data is an important concern for us. In these Privacy Statement we explain how we collect your personal data, what we do with it, for what purposes and on what legal basis this is done, and which rights and claims are associated with it for you. In addition, we refer to the Daimler Data Protection Policy:

Daimler Data Protection Policy.

Our Privacy Statement for the use of our websites and the Data Protection Policy of Daimler AG do not apply to your activities on the websites of social networks or other providers that you can reach via the links on our websites. Please check the websites of these providers for their data protection regulations.

2. Collection and processing of your personal data

a. When you visit our website, we store certain information about the browser and operating system you use, the date and time of your visit, the access status (e.g. whether you were able to access a website or received an error message), the use of website functions, the search terms you may have entered, the frequency with which you access individual websites, the designation of files accessed, the amount of data transferred, the website from which you accessed our websites and the website which you visit from our websites, either by clicking on links on our websites or by entering a do-main directly in the input field of the same tab (or the same window) of your browser in which you opened our websites. We also store your IP address and the name of your Internet service provider for seven days 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, a contact form, a survey, a 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 (further information on this can be found below in the section "Legal basis of processing").

c. You are not legally or contractually obliged to make available your personal data. However, it is possible that certain functions of our websites depend on the availability of personal data. If you do not make available personal data in these cases, this may result in functions not being available or only being available to a limited extent.

3. Purposes of use

a. We use the personal data collected when you visit our website in order to operate it in the most convenient manner for your use and to protect our IT systems from attacks and other illegal activities.

b. If you provide us with further personal data, e.g. within the scope of a registration, a contact form, a survey, a price competition or for the execution of a contract, we use this data for the purposes mentioned, for the purposes of customer administration and - if necessary - for the purposes of processing and accounting of any business transactions, in each case to the extent required for this.

4. Transfer of personal data to third parties; social plug-ins

a. Our websites may also contain offers of third parties. If you click on such an offer, we transfer data to the respective provider 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. When we use social plug-ins on our websites from social networks such as Facebook, Twitter and Google+, we integrate them as follows:

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 social 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 transmissions 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.

Cookie Statement

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 European Economic Area that, from the point of view of the European 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 (IT service providers, mar-keting 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 or insofar as you have consented there to (see Section 8). Data may be transmitted to recipients outside the European Economic Area; please refer to section 12 below.

5. Evaluation of use data ("tracking") and use-based information ("(re-)targeting")

5.1 General

We want the content of our websites to match your preferences as closely as possible, thereby improving what we offer you.
To recognize use preferences and particularly popular areas of the websites, we use the following tracking technologies:

We use so-called targeting and retargeting technologies in order to tailor our online marketing (e.g. banner ads) more specifically to your needs and interests. Adobe Target, Flashtalking by Simplicity Marketing Limited, Google Search Ad, Google Display & Video 360. These are monitored and used when you visit other websites that work together with the providers of these (re-)targeting technologies, so as to inform you while meeting your interests as closely as possible.

When the above technologies are used, cookies on our websites and (in the case of retargeting) on the websites of others register your interest in our products and services. In the process, random identifiers (so-calledcookie IDs) are used which are not brought into connection with your name, your address or similar information, even if this information is known to us (e.g. from an existing contractual relationship), unless you have consented to this.

Further information about the above technologies from the respective providers, and the associated processing of personal data, can be found at the following links:

Adobe: https://www.adobe.com/de/privacy.html

Google: https://policies.google.com/technologies/partner-sites

Simplicity Marketing Limited: https://www.flashtalking.com/de-privacy-policy/

For legal reasons, the use of tracking and (re-)targeting technologies is sometimes only possible with your express consent (so-called opt-In – see section 5.2); in the other cases you can object to the use of such technologies if you wish (so-called opt-out – see section 5.3.).

5.2 Use of Google marketing products – Opt-in

We only use Google marketing products (e.g. Search Ad, Display & Video 360) with your express consent, which you can grant by click-ing on the "Agree" button in the so-called Cookie Information Layer ("Opt-in"). We store this consent in a cookie on your device so that you are not asked for consent again each time you visit our web-sites, and for legal reasons, also on our servers with the IP address and a time stamp; we delete this information or restrict its processing if you withdraw your consent or 6 months at the latest after your last visit to our websites.

Should you change your mind at any time, you can withdraw your consent by clicking on the following link:
Withdraw consent to Google marketing products To delete cookies inserted with your consent when visiting our websites after your consent to Google marketing products is withdrawn, please visit the Google websites; at the time when these data protection notes were compiled, the following link can be used for this:

https://adssettings.google.de/anonymous


5.3 Use of technologies by other providers – Opt-out

If you do not wish us to use the above tracking and (re-)targeting tools to collect and analyze information about your visit to our web-sites, you can permanently object to the practice ("opt out") at any time.

We will comply with your objection by placing an opt-out cookie in your browser. This cookie will only indicate that you have opted out. Please note that for technical reasons, an opt-out cookie affects only the browser in which it has been installed. If you delete the cookie or use a different browser or device, you will need to opt out again.

The following are the respective opt-out options for the individual technologies:

Adobe Analytics & Adobe Target: https://www.adobe.com/de/privacy/opt-out.html

Flashtalking: https://www.flashtalking.com/optout/

You can manage and deactivate the use of cookies and interest-related information by third parties at the following website:

http://www.youronlinechoices.com/de/praferenzmanagement/


5.4 Data transmission to so-called third countries

When using tracking and (re) targeting technologies, data may be transmitted to recipients outside the European Economic Area; please see section12 below.

6. Security

We use technical and organisational security measures to protect your data managed by us against manipulation, loss, destruction and against access by unauthorised persons. We are constantly improving our security measures in line with technological developments.

a. Insofar as you have given us your consent for the processing of your personal data, that consent is the legal basis for the processing (Art. 6 para. 1 letter a GDPR).

b. For the processing of personal data for the purposes of initiating or fulfilling a contract with you, Art. 6 para. 1 letter b GDPR is the legal basis.

c. Insofar as the processing of your personal data is necessary for the fulfilment of our legal obligations (e.g. for the retention of data), we are authorized to do so pursuant to Art. 6 para. 1 letter c GDPR.

d. In addition, we process personal data for the purposes of safeguarding our legitimate interests and the legitimate interests of third parties pursuant to Art. 6 para. 1 letter f GDPR. Maintaining the functionality of our IT systems, marketing our own and third-party products and services as well as documenting business contacts as required by law are such legitimate interests.

8. Deletion of your personal data

Your IP address and the name of your Internet service provider, which we only store for security reasons, will be deleted after seven days. Otherwise, we delete your personal data as soon as the purpose for which we have collected and processed the data ceases to apply. Beyond this point in time, data is only stored if this is required by the laws, regulations or other legal provisions of the European Union or of a member state of the European Union to which we are subject.

9. Rights of the data subject

a. As a data subject, you have the right of access (Art. 15 GDPR), right to rectification (Art. 16 GDPR), right to erasure (Art. 17 GDPR), right to restriction of processing (Art. 18 GDPR) and right to data portability (Art. 20 GDPR).

b. If you have consented to the processing of your personal data by us, you have the right to revoke your consent at any time. The legality of processing your personal data before revocation remains unaffected. We may further process such data pursuant to another applicable legal basis, e.g. for the fulfilment of our legal obligations (cf. section "Legal bases of processing").

c. Right to object

You have the right to object at any time to the processing of your personal data pursuant to Art. 6 para. 1 letter e GDPR (data processing in the public interest) or Art. 6 para. 1 letter f GDPR (data processing on the basis of a balance of interests) on grounds relating to your particular situation. If you object, we will only process your personal data if we can prove compelling legitimate reasons that outweigh your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

d. We ask you to address your claims or declarations to the following contact address if possible: cs.deu.smart@cac.smart.com.

e. If you believe that the processing of your personal data violates legal requirements, you have the right to lodge a complaint with a competent data protection supervisory authority (Art. 77 GDPR).

10. Newsletter

If you subscribe to a newsletter offered on our website, the data provided in the newsletter subscription will only be used for sending the newsletter, unless you agree to further use. You can unsubscribe at any time using the unsubscribe option provided in the newsletter.

11. Central Access Service of Daimler AG

With the central access service of Daimler AG you can register for all websites and applications of Daimler Group and its brands that are connected to that service. The terms and conditions of use of the central access service of Daimler AG can be called up under the following link:

Terms of Use of the Central Access Service of Daimler AG

12. Data transmission to recipients outside the European Economic Area

a. When using service providers (see section 4. d.), tracking and (re-)targeting (see section 5), personal data may be provided to recipients in countries outside the European Union ("EU"), Iceland, Liechtenstein and Norway (= European Economic 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 Zealand, Switzerland, Uruguay. We agree with recipients in other countries on the use of EU standard contractual clauses, binding corporate regulations or EU-U. S. or Swiss-U. S. Privacy Shield to create an "adequate level of protection" according to legal requirements. For more information, please use the contact details given in section 9.d. above.

Last update: August 2019