Provider
Mercedes-Benz South Africa Limited
Physical Address: 210 Aramist Avenue
Waterkloof Glen
Pretoria
0010
Telephone: +27 12 677 1500
Toll free: 0800 1 333 55
Facsimile: +27 12 677 1900
Website: https://corporate.mercedes-benz.co.za/
e-mail: webmails.southafrica@cac.mercedes-benz.com
csr-sponsorships@mercedes-benz.com
events@mercedes-benz.com
Registered name of provider: Mercedes-Benz South Africa Limited
Registration Number: 1962/000271/06
CEO Mercedes-Benz South Africa: Andreas Brand
Mercedes-Benz South Africa Limited is a subsidiary of Mercedes-Benz AG and subscribes to the codes of conduct, policies and guidelines laid out by Mercedes-Benz AG and as stipulated in the South African Promotion of Access to Information Act, No 2 of 2000
Provider Mercedes me Connectivity Services
The following company is the provider of those parts of these web pages which concern vehicle-related Mercedes me connect and Mercedes me assist services and their basic functions (e.g. log-in, profile, inbox, settings, connected vehicles):
Mercedes-Benz AG
Mercedesstrasse 120
70327 Stuttgart
Germany
Tel. no.: +49 7 11 17-0
Email: dialog@mercedes-benz.com
Represented by the Board of Management:
Ola Källenius (Chairman), Martin Daum, Renata Jungo Brüngger, Markus Schäfer, Wilfried Porth, Britta Seeger, Hubertus Troska, Harald Wilhelm
Chairman of the Supervisory Board:
Manfred Bischoff
Commercial Register at Stuttgart District Court, no. HRB 19360
Sales tax ID: DE 81 25 26 315
Provider Mercedes me Privacy Center
Mercedes-Benz AG
Mercedesstraße 120
70372 Stuttgart
Telefon: +49 711 17 - 0
E-Mail: dialog.mb@mercedes-benz.com
Definitions
1.1 “MBSA” shall mean Mercedes-Benz South Africa Limited, a company incorporated in terms of the Companies Act, No. 71 of 2008, as amended, with registration number 1962/000271/06, which shall include any and all MBSA Affiliates.
1.2 "MBSA Affiliate" shall mean any person which directly or indirectly (whether through one or more intermediaries or otherwise) Controls, or is Controlled by, or is under common Control with, MBSA or its successors-in-title from time to time. For purposes of this notification/policy, "Control" means, in relation to an entity, the holding or beneficial ownership of at least 50% of the shares (or other like instruments) in its issued share capital (or like ownership structure); the right or ability to direct or otherwise control the majority of the votes attaching to its issued shares (or other like instruments); the right or ability to appoint or remove the majority of the board of directors (or such other body legally representing it); or the legal power to direct or cause the direction or general management of its affairs.
Privacy Statement
The Responsible Parties (Controllers) as per the Protection of Personal Information Act No 4 of 2013 are the below listed entities jointly.
The below-mentioned entities are referred to as “we” consistently throughout the Privacy Statement.
Mercedes Benz South Africa Limited
Information Officer:
Mr. Andreas Brand
Email: Dataprotection_mbsa@mercedes-benz.com
Deputy Information Officer:
Mrs. Mashudu Makhuvha
Email: Dataprotection_mbsa@mercedes-benz.com
Mercedes Benz Financial Services South Africa (Pty) Ltd
Information Officer:
Mr. Amith Nagin Patel
Email: Data_Protection_MBFS-SA@mercedes-benz.com
Provider Mercedes me Privacy Center
Mercedes-Benz AG
Mercedesstraße 120
70372 Stuttgart
Telefon: +49 711 17 - 0
E-Mail: dialog.mb@mercedes-benz.com
Mercedes-Benz Group AG
Data Protection Officer for Mercedes-Benz AG:
Group Data Protection Officer
HPC E600
D-70546 Stuttgart, Germany
Germany
Email: data.protection@mercedes-benz.com
Mercedes-Benz Mobility AG
Siemensstr. 7
70469 Stuttgart
Email: mbm@mercedes-benz.com
1. Scope of application
We take the use, collection and protection of your personal information seriously. We respect your personal information and privacy and are committed to keeping your personal information safe.
We will also refer you to Mercedes-Benz's Data Protection Policy:
Mercedes-Benz's Data Protection Policy.
Our Privacy Statement on the use of our websites and the Mercedes-Benz 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.
Where we deal with your personal information, we are governed by and comply with the Protection of Personal Information Act 4 of 2013 (POPIA).
2. Joint Controllership
For more information about the data sharing between Mercedes-Benz South Africa Limited, Mercedes-Benz Financial Services South Africa (Pty) Ltd, Mercedes-Benz AG and Mercedes-Benz Mobility AG for the purpose of analysis and marketing please click here . This refers to activities on this specific Mercedes Benz website only in case you have granted consent for this purpose and data sharing.
3. Collection and processing of personal data.
• 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.
• We only process 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 including consent to international data transfer given by you or in accordance with the applicable legal provisions.
• We may collect your personal information via our Apps or the Apps of other related or Mercedes-Benz Group companies, and via social media.
You are neither legally nor contractually obligated to share your personal information. However, certain features of our websites may depend on the sharing of 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.
4. Purpose of processing
• 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. Primarily we collect personal information so we can provide you with the best possible products and services that we and our authorized Agents have to offer, to create a more personalised experience for you.
• We will use your personal information for the purpose of technical administration of the website, customer administration, product surveys and marketing, only to the extent necessary in each specific case.
• If you share Personal information 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 for purposes of processing and billing and business transactions within the required scope in each instance.
• For other purposes (e.g. display of personalized content or advertising based on your usage behavior, we and, if applicable, selected third parties, use your personal information if and to the extent you give your consent through our consent management system. You will find further information and decision-making options here: [Click here to go to settings]
• 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).
5. Access to Information
Upon written request, our representatives or we will inform you in writing within reasonable time what personal information is stored by us as defined by applicable law. Should such information be incorrect, we will at your request correct that information for you.
Refer to the PAIA Manual for requests for information
6. Transfer of personal data to third parties; Social Plug-ins; Use of Service Providers
Our websites may also contain offers of third parties. If you click on such an offer, we transfer information 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).
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 Mercedes-Benz websites until you have activated an existing social plug-in.
• When you activate a social plug-in, the network transfers the con-tent 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.
If you click on the link to an offer or activate a social plug-in, personal data may reach providers in countries outside South Africa that may not guarantee an "adequate level of protection" for the processing of personal data in accordance with POPIA standards. Please remember this fact before clicking on a link or activating a social plug-in and thereby triggering a transfer of your data.
We also use qualified service providers (IT service providers, marketing agencies) to operate, optimize and secure our websites. We only pass on personal information 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.
We will only disclose your information to government authorities in cases where it is required by law. Our employees, agencies, and retailers are obliged by us to respect confidentiality.
7. Analysis of usage data and use of analytics tools
We would like to tailor the content of our websites as precisely as possible to your interests and in this way improve our offer for you. You can find information on the cookies we use and their functions in our settings [Click here to go to settings].
8. User-based information (targeting and retargeting).
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. This involves using cookies to store information about your interest in our products and services. When you visit either our websites (targeting) or other websites (retargeting) that work together with our retargeting partners, those cookies are read and used to provide you with information that is customized and most closely related to your interests. A so-called cookie-ID pseudonym is stored in the cookies. That means you cannot be easily identified through the process.
During the retargeting process, we may also collect information about your interest in the products and services of our retargeting partners.
If you do not wish us (and our targeting/retargeting partners) to process information about your visit or to tailor banner advertisements to your interests, you may permanently object to the practice (opt out) at any time.
We will comply with your rejection 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. Below you will find information about the targeting and retargeting technologies we use and their providers as well as the respective opt-out procedures:
Salesforce Data Management Platform (DMP) from Salesforce.com EMEA Limited ([targeting/retargeting]), London, United Kingdom of Great Britain and Northern Ireland
When this technology is used, data is transferred to servers in the US. The parent company of Salesforce.com is based in the United States and certified under the EU-U.S. Privacy Shield Framework.
If you wish to file an objection, please click on the following link:
https://www.salesforce.com/products/marketing-cloud/sfmc/salesforce-dmp-consumer-choice/
As an alternative, you can manage the use of third-party cookies and activate or deactivate them using the options provided on the following website:
http://www.youronlinechoices.com/uk/your-ad-choices
9. Pixels
We use Pixels to record and track the preferences of visitors, to be able to optimise the design of our website. Pixels retrieve data about the page request and send this information to our analytics server. Pixels ease navigation and increase the user-friendliness of a website. Pixels also help us to identify the most popular sections of our website.
This enables us to provide content that is more accurately suited to your needs, and in so doing improve our service to you as an individual. Your unique customer ID can be transmitted via pixels, provided that you have consented to this. By continuing to use the links in this email, you agree to us retrieving your behavioural data for the purpose of data analytics, which will be linked to you as an individual and your personal information which may be capable of being transmitted in real time.
10. Cookies / Settings
• Cookies may be used when you are visiting our websites. Technically, 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.
• Cookies are small files that are stored, and later read out, on your desktop, notebook 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 into 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 contain personal data.
• Whether and which cookies are used when you visit our websites depends on which areas and functions of our websites you use and whether you agree to the use of cookies that are not strictly, typically for technical reasons, required in our Consent Management System. You will find further information and decision-making options under settings [Click here to go to settings] in the footer at the bottom of the website.
• 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 deleted separately. You can find out how this works in the browser or device you are using in the manual of the learner.
• 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 decisions or settings differently.
• 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.
11. Transfer of information across border
During our daily business activities, your personal information, under conditions of confidentiality, may be transferred, accessed, processed and/or stored in various countries for the purpose of service delivery.
We will not transfer personal information to a third party in another country unless:
• The recipient of the personal information is subject to a law, binding corporate rules or a binding agreement which;
• Upholds principles for reasonable processing of the information that are substantially similar to the conditions contained in POPIA and
• Includes provisions that are substantially similar to those contained in POPIA relating to the further transfer of personal information from the recipient to third parties who are in another country;
• You consent to the transfer;
• The transfer is necessary for the performance of a contract between yourself and us or for the implementation of pre-contractual measures taken in response to your request or;
• The transfer is necessary for the conclusion or performance of a contract concluded in the interest of yourself between us and a third party.
12. Information Security
We use technical and organizational security measures in order to protect the information we have under our control against accidental or intentional manipulation, loss, destruction and against access by unauthorized persons. Our security procedures are continuously enhanced as new technology becomes available.
13. Legal basis of processing
We process personal information under the following circumstances:
• Conclusion or performance of a contract;
• Necessary for compliance with legislation;
• Protecting our legitimate (vital) interest and that of the data subject;
• Protecting a legitimate (vital) interest of our organization; and
• When we have your consent.
14. Direct marketing
Direct marketing involves us communicating directly with you to promote the sale of our goods and services. This can be achieved by an array of methods including for example, by mail, telephone, e-mail, SMS/IM/MMS and WhatsApp and potentially by third parties on our behalf. We will obtain your consent prior to using or disclosing your personal information for direct marketing purposes. You have an option to opt out from direct marketing at any time.
15. Rights of the Data Subject
As a data subject, you have the following rights when it comes to your personal information:
• Right to have your personal information processed in accordance with the conditions for the lawful processing of personal information;
• Right to be notified on why your personal information is collected;
• Right to object to the processing of personal information;
• Right to institute civil proceedings regarding the alleged interference with the protection of your personal information;
• Right to submit a complaint to the Information Regulator regarding the alleged interference with the protection of the personal information of any data subject and
• Right to request the information we have on you.
16. Deletion of your personal information
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 legal obligation.
17. 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 Mercedes-Benz 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.
18. Complaints and enquiries
If you are not happy with the way we have handled your personal information please contact us and we will try our best to resolve the matter with you. For security reasons, we request that complaints, requests for access to or correction of personal information or any enquiries or questions concerning privacy matters be put in writing and e-mailed to:
Mercedes-Benz South Africa Limited
210 Aramist Avenue, Waterkloof Glen, Pretoria, 0010
Email: Dataprotection_mbsa@mercedes-benz.com
Mercedes-Benz Financial Services South Africa (Pty) Ltd
210 Aramist Avenue, Waterkloof Glen, Pretoria, 0010
Email: Data_Protection_MBFS-SA@mercedes-benz.com
If your concern is not resolved to your satisfaction, you can contact the Information Regulator:
The Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za
Definitions
1.1 “MBSA” shall mean Mercedes-Benz South Africa Limited, a company incorporated in terms of the Companies Act, No. 71 of 2008, as amended, with registration number 1962/000271/06, which shall include any and all MBSA Affiliates.
1.2 "MBSA Affiliate" shall mean any person which directly or indirectly (whether through one or more intermediaries or otherwise) Controls, or is Controlled by, or is under common Control with, MBSA or its successors-in-title from time to time. For purposes of this notification/policy, "Control" means, in relation to an entity, the holding or beneficial ownership of at least 50% of the shares (or other like instruments) in its issued share capital (or like ownership structure); the right or ability to direct or otherwise control the majority of the votes attaching to its issued shares (or other like instruments); the right or ability to appoint or remove the majority of the board of directors (or such other body legally representing it); or the legal power to direct or cause the direction or general management of its affairs.
Copyright.
Copyright 2020 Mercedes-Benz South Africa Limited. All Rights Reserved. The text, images, graphics, sound files, animation files, video files and their arrangement on Mercedes-Benz South Africa Internet sites are all subject to Copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. To obtain permissions for the commercial use of any content on this site contact the Webmaster at +2712 677 1500 or e-mail the webmaster at webmastersa@daimler.com. Some Mercedes-Benz South Africa Internet sites also contain material that is subject to the copyright rights of their providers.
Prices.
Prices are current at the time of publication and subject to change without notice. Mercedes-Benz South Africa will not be held liable for any inconsistencies in the displayed price and the final price will be confirmed upon request of a formal Quotation.
Trademarks
Unless otherwise indicated, all marks displayed on Mercedes-Benz South Africa Internet sites are subject to the trademark rights of Mercedes-Benz South Africa, including each of Mercedes-Benz South Africa´s primary brands (Mercedes-Benz, smart, Freightliner, FUSO,Western Star), its model name plates, and its corporate logos and emblems.
Product variations
Some of the product information, illustrations and images contained on this Internet site may have been prepared for generic use on Mercedes-Benz South Africa Internet sites maintained in different countries around the world. Consequently, some of the information and/or accessories are not available in some countries or, in order to satisfy local market demand or regulatory controls in such countries, may only be available in different specifications or configurations.
If you are interested in any vehicle model, paint, option or accessory shown on the Internet site and are unsure of its availability or specification in your locality, you should contact Mercedes-Benz South Africa and/or a local authorised dealer for the relevant product, for information of current details in your locality
No license.
Mercedes-Benz South Africa has thought to achieve innovative and informative Internet sites. We hope that you will be as enthusiastic as we are about this creative effort. However, you also need to understand that Mercedes-Benz South Africa must protect their Intellectual Property, including their patents, trademarks and copyrights. Accordingly, you are hereby on notice that neither these Internet sites, nor any material contained therein shall in any way grant or be taken to grant any person a license to Mercedes-Benz South Africa’s Intellectual Property.
Third-party software.
In order to present content to you on this internet site, in addition to its own software developed in-house, Mercedes-Benz South Africa Limited also uses the following JavaScript libraries from third-party suppliers which are placed at your disposal subject to their own licence terms (as indicated for the respective components).
Cautions regarding forward-looking statements.
Ports, 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“ and "should“ and similar expressions identify forward-looking statements. Such statements are subject to risks and uncertainties, including, but not limited to: 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; and decline in resale prices of used vehicles. If any of these or other risks and uncertainties occur, or if the assumptions underlying any of these statements prove incorrect, then actual results may be materially different from those expressed or implied by such statements. We do not intend or assume any obligation to update any forward-looking statement, which speaks only as of the date on which it is made.
No warranties or representations.
The information on this Internet site is provided by Mercedes-Benz South Africa "as is" and to the extent permitted by law, and is provided without warranty of any kind, expressed or implied, including but not limited to any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies. Some of the Internet sites contain links to external sites, which are not under the control of Mercedes-Benz South Africa. Therefore we are not responsible for the contents of any linked site. Mercedes-Benz South Africa is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mercedes-Benz South Africa of the linked site.
Mercedes-Benz Financial Services (Pty) Ltd
Provided by Mercedes-Benz Financial Services (Pty) Ltd, an Authorised Financial Services Provider (FSP 18 604) and Registered Credit Provider (NCRCP80). Insurance is underwritten by a select panel of underwriters. Please refer to the relevant insurance quotation and / or policy wording for full details.
Framing
No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
Privacy Statement for Online Appointment Scheduling
The Responsible Party as defined by the Personal Information Act No 4 of 2013 (POPIA):
Mercedes-Benz South Africa Limited an Affiliate of Mercedes-Benz AG
210 Aramist Avenue, Waterkloof Glen, Pretoria, 0010
Information Officer:
Mr. Andreas Brand
Deputy Information Officer:
Mrs. Mashudu Makhuvha
Contact:
Email: Dataprotection_mbsa@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 statement, we explain how we collect your personal data, what we do with it, for what purposes and on what legal basis we do so, and what rights you have on that basis. We also refer you to the Mercedes-Benz Data Protection Policy: Mercedes-Benz Data Protection Policy.
This Privacy Statement applies exclusively to the process of online appointment scheduling. Our privacy statement for the use of our websites and the Mercedes-Benz 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.
The privacy statement below applies in addition to the privacy statement on use of our website and app.
2. Collecting and Processing Your Personal Data
You have two options when scheduling an appointment online:
a. You can book an appointment as a guest on our website.
b. You can book an appointment with your Mercedes Me account.
We will collect and process your personal data regardless of whether you schedule the appointment as a guest or using your Mercedes Me account. If you book an appointment using your Mercedes Me account, you may see various input fields automatically prepopulated with your information.
If you book a service appointment using the online scheduling process, we will collect and process the following personal information belonging to you:
• Customer's master data – in particular, the customer's name
• Contact data belonging to the customer – in particular, the customer's address, telephone number and e-mail address
• Vehicle data – particularly, the vehicle identification number (VIN), model, license plate number and kilometer reading
• Any other data you send us using the comment field
You will not be able to schedule a service appointment unless you enter and transmit the data.
No automated decision-making or profiling will take place based on the data transmitted.
3. Purpose of Use
When you book a service appointment online, your personal data will be used for the following
purposes:
• Once your reservation is completed, the data will be shared with select Authorized Mercedes-Benz Agent so they can schedule and prepare your service appointment.
• The services and prices offered will be matched with your vehicle so they can be displayed on the scheduling page.
• You will be provided with an alternative vehicle selection based on your license plate number instead of the VIN.
• It will enable simplified login based on your VIN (when booking via your Mercedes Me account) and the associated sending of a TAN (Transaction Authentication Number) as a security feature.
• It will enable simplified booking by prepopulating the scheduling page using an offer from the preferred Authorized Mercedes-Benz Agents that all you need to do is pick a service date.
Your data can also be processed for purposes of product development, product monitoring and safety, product defense and quality assurance as well as for risk and cost control.
Mercedes-Benz AG will also process the collected data for the purpose of analysis as part of the development and improvement of products (particularly vehicle parts, vehicle software and services such as Mercedes Me Connect) as well as of internal processes and systems for the purpose of risk and cost control and purposes of product monitoring and safety and quality assurance.
Furthermore, Mercedes-Benz AG will use your data to conduct typical after-sales and business analytics evaluations (e.g., to verify the cost effectiveness of the services and products offered by Mercedes-Benz AG or to determine how many products of a certain type have been sold in a country or to validate its pricing models).
To enable Mercedes-Benz AG to perform the described analyses and evaluations, your data may be combined with other information on the vehicle being serviced, its model, series, features, parts, and components already known to Mercedes-Benz AG as well as data collected by Mercedes-Benz AG for the same purpose (e.g., Mercedes Me connect, production and delivery information, plus services provided by Mercedes-Benz AG).
The data transmitted may also be used by Mercedes-Benz AG in anonymized form for other purposes of processing – for example, statistics, business analyses and analyses of business and cost control, billing, and product improvement in addition to improving our internal and sales processes. In this instance, it will no longer be possible to attribute the data to a specific individual.
Furthermore, Mercedes-Benz AG reserves the right to use the data to defend itself when facing claims asserted against Mercedes-Benz AG or one of our affiliated companies by you or third parties on the basis of a warranty, warranty rights or other (alleged) defect in our products or services (e.g., so that we can prove that a product was not defective, referred to as "product defense").
4. Disclosure of Personal Data to Third Parties, Use of Service Providers
a. We use processors (especially Mercedes-Benz AG) to perform our services. The disclosure of your data to these organizations takes place under strict confidentiality obligations and under the criteria of the GDPR and the German Federal Act on Data Protection.
b. If you book a service appointment online, your personal data will also be shared with your chosen an Authorized Mercedes-Benz Agent for additional planning and preparation for your service appointment.
5. Security
We take technical and organizational security measures to protect your information managed by us from being tampered with, lost, destroyed, or accessed by unauthorized individuals. We are continuously improving our security measures in line with technological advancements.
6. Legal Bases for Data Processing
a. We collect and process your personal data described in more detail in section 2 to initiate a contractual relationship and to fulfill our contractual obligations to you.
b. We also process personal data for the purpose of exercising our legitimate interests and the legitimate interests of third parties. Examples of such legitimate interests include maintaining the functionality of our IT systems and the legally required documentation of business contacts. As part of the consideration of interests required in each case, we consider various aspects – in particular, the type of personal information, the purpose of processing, the circumstances of processing, and your interest in the confidentiality of your personal information.
7. Deleting Your Personal Data
We delete your personal information as soon as the purpose for which it was collected and processed has been fulfilled. Beyond this period, data storage only takes place to the extent made necessary by the legislation, regulations, or other legal provisions to which we are subject or by legal provisions in third-party countries if these have an appropriate level of data protection. Should it not be possible to delete the data in individual cases, the relevant personal data is flagged to restrict its further processing.
8. Rights of the Data Subject
a. As a data subject affected by data processing, you have the right to information, correction, deletion, restricted processing, and data transferability.
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. Your revocation does not affect the legality of the processing of your personal data 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.
c. Right to Object
For reasons relating to your situation, you have the right to file an objection at any time to the processing of personal data pertaining to you that is collected. If you file an objection, we will continue to process your personal data only if we can document mandatory, legitimate reasons that outweigh your interests, rights, and freedoms, or if processing is for the assertion, exercise, or defense of legal claims. If we process your personal data for direct marketing based on legitimate interests, you also have the right to object at any time without giving reasons.
d. If possible, please direct your claims or declarations to the following contact address:
Email: Dataprotection_mbsa@mercedes-benz.com
e. If you feel that the processing of your personal data is in breach of legal requirements, you have the right to file a complaint with the Information Regulator on the below contact details:
The Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za
9. Data Transfer to Recipients outside of the Republic of South Africa.
Your personal information under conditions of confidentiality, may be transferred, accessed, processed and/or stored in various countries for the purpose of service delivery.
We will not transfer personal information to a third party in another country unless:
• The recipient of the personal information is subject to a law, binding corporate rules or a binding agreement which;
• Upholds principles for reasonable processing of the information that are substantially similar to the conditions contained in the Personal Information Act No 4 of 2013 (POPIA) and;
• Includes provisions that are substantially similar to those contained in POPIA relating to the further transfer of personal information from the recipient to third parties who are in another country;
• You consent to the transfer;
• The transfer is necessary for the performance of a contract between yourself and us or for the implementation of pre-contractual measures taken in response to your request (see section 6. Legal Bases for Data Processing) or ;
• The transfer is necessary for the conclusion or performance of a contract concluded in the interest of yourself between us and a third party.
