The controller defined by the General Data Protection Regulation (GDPR) is:
1. Data Protection
Our privacy statement on the use of our websites and the Daimler 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 Information
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 will store other personal information only if you share that information; for instance, by filling out a registration form, contact form, survey, contest entry or to execute a contract. In such cases, we will store only the data we are allowed to keep based on consent given by you or in accordance with applicable legal regulations (more information on this can be found in the section titled "Legal Foundation for Processing").
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. Purpose 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, 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.
4. Transfer of Personal Information to Third Parties; Social Plugins
a. Our websites may also contain third-party offers. If you click on any such offers, we will transfer the amount of data required to the appropriate provider (e.g. the fact that you found the offer in question on our website and, if applicable, additional information that you have already provided for this purpose on our websites).
b. On our websites, whenever we use so-called "social plugins" from social networks like Facebook, Twitter and Google+, we incorporate them in the manner described below.
When you visit our websites, social media plugins are deactivated. That means no information whatsoever is transferred to the operators of those networks. If you wish to use one of the networks, click on the appropriate plugin in order to be connected directly to that network's server.
If you have a user account with that network and are logged in at the moment you activate the plugin, the network will be able to detect your visit to our websites and assign it to your user account. If you wish to prevent that, please log off from the network before activating the social plugin. A social network will not be able to detect that you have visited other Daimler websites unless you have activated its social plugin on those sites as well.
When you activate a social plugin, the network transfers the content thus made available directly to your browser, which incorporates it into our websites. In that situation, data transfers initiated and controlled by the respective social network may also take place. Your connection to a social network, the data transfers that take place between the network and your system, and your interactions on that platform are governed exclusively by the respective network's data protection provisions.
The social plugin will remain active until you deactivate it or delete your cookies.
Whenever you click on the link to an offer or activate a social plugin, your personal information may be transferred to providers in countries outside the European Economic Area that, from the standpoint of the European Union ("EU"), do not guarantee an "appropriate level of protection" meeting EU standards for processing personal information. Please keep these circumstances in mind before you click on a link or activate a social plugin, thereby causing your data to be transferred.
5. Evaluation of use data ("tracking") and use-based information ("(re-)targeting")
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: Adobe Analytics, Google Analytics.
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, Salesforce Data Management Platform. 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-called cookie 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:
Simplicity Marketing Limited: https://www.flashtalking.com/privacypolicy
Salesforce Data Management Platform (DMP): https://www.salesforce.com/eu/company/privacy/
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 clicking 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 websites, 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.
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:
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 websites, 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: https://www.adobe.com/de/privacy/opt-out.html
Google Analytics: https://tools.google.com/dlpage/gaoptout?hl=en
5.4 Data transfer to other countries
When tracking and (re-)targeting technologies are used, data may be transferred to countries outside the EU, Iceland, Liechtenstein and Norway (European Economic Area, EEA) and processed there. Please note the following: In such third-party countries, the EU may take the view that they do not provide an "appropriate level of protection" for the processing of personal information. Such a level of protection can however be created by taking certain measures.
These concern the following technologies used by Daimler, if you have given your consent to their use (opt-in) or have not objected to it (opt-out):
Adobe Analytics: Transfer of data to the USA on the basis of the EU-US Privacy Shield
Google Analytics and Google marketing products: Transfer of data to the USA on the basis of the EU-US Privacy Shield
Flashtalking: Transfer of data to the USA on the basis of the EU-US Privacy Shield
Salesforce DMP: Transfer of data to the USA on the basis of EU standard contract terms
When optimizing our websites and our online marketing, we also use qualified service providers, for which purpose data are transferred to India on the basis of EU standard contract terms.
Details of certification according to the so-called EU-US Privacy Shield can be found on this US government website: https://www.privacyshield.gov
Details of the other measures are available from us on request; please get in touch with the contact named below in section 9.d.
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 unauthorized 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 information, then that is the legal foundation for processing it (Art. 6, par 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 processing 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. 1, 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 maintaining the functionality of our IT systems as well as the (direct) marketing of our products and services 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 account 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.
8. Deleting 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 pe-riod, 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 Data Subjects
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 (Section18 GDPR) and Data Transferability (Section20 GDPR).
b. If you have consented to the processing of your personal information 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 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 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.
d. If possible, please direct your claims or declarations to the following contact address: customersolutions[at]daimler.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 responsible supervisory authority.
If you subscribe to a newsletter offered on our website, the infor-mation 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. Daimler AG's Central Registration Service