Privacy Policy Legal Notices and Terms MBFSAu Privacy Policy MBFSAu Data Privacy Notice on Risk Management
Full Privacy Statement
OUR PRIVACY POLICY
Mercedes-Benz Australia/Pacific Pty Ltd (ACN 004 411 410) (“we”, ”us” or “our”), respects your personal information and privacy and are committed to keeping your personal information safe.
This Privacy Policy outlines:
the kinds of information we collect and hold about you;
how you can deal with us anonymously;
the kinds of sensitive information we collect;
how we collect your personal information;
the purpose by which and how we collect, use and disclose your personal information;
cross border disclosure;
when we will use your personal information for direct marketing;
how we keep your information secure;
how to access, update or correct your personal information; and
how you can make a complaint in relation to how we may have managed your personal information.
We are bound by the Privacy Act 1988 (Cth) (“Privacy Act”) and specifically, the Australian Privacy Principles contained in Schedule 1 of that Act (“APPs”) on which this Privacy Policy is based.
Our authorised dealer and agent network is independently owned and operated, and may have privacy policies which differ from ours. Our independent authorised dealers and agents are responsible for their own respective privacy policies and privacy related processes (where relevant in the context). If you have any privacy concerns relating to an independent dealer or agent, please contact the relevant party directly.
This Privacy Policy applies to customers, potential customers, suppliers, service providers, dealers, agents, contractors, secondees, potential employees, temporary staff and generally does not apply in relation to our current or former employees.
1. THE COLLECTION OF PERSONAL INFORMATION
1.1 Information we collect and hold
We collect information that is reasonably necessary for, or directly related to one or more of our functions and activities. The types of personal information we collect include but are not limited to your:
name;
gender;
age and birth date;
occupation and employment details;
contact details;
residential and/or business address, including postcode;
registration and driver’s licence details;
other forms of identification used to confirm your identity;
credit card and bank account details;
other financial information;
current and past vehicle information and details;
cookies, website tracking and usage information including but not limited to Device ID, User/Cookie ID or Cookie Identifier (for more information about what information we collect via these technologies, please refer to clause 5.2 below and our Cookie Policy
location through anti-theft vehicle tracking technology in loan and demonstrator vehicles;
voice when we record inbound and outbound calls for quality, training and record purposes; and
image by videos and photos at events, during market research or through security cameras;
educational qualifications, resume and reference checks;
personal interests; and
personal preferences (such as your preferred vehicle specifications).
Anonymity
Where appropriate, we provide you with the option of remaining anonymous when entering into transactions with us, unless such anonymity would be considered unlawful or impracticable. If you elect not to provide us with your personal information, we may not be able to do business with you or consider you for recruitment opportunities.
Sensitive Information
Generally we do not collect sensitive information. However, we may collect sensitive information about you (for example, health information and criminal record checks if you are applying for a job with us), if we have your express consent (such as for the purpose of confirming your identity) or if the collection is required or authorised by law.
1.2 How we collect your personal information
We take steps to ensure that we collect personal information by lawful means, and obtain your personal information in various ways, including but not limited to:
when you contact or correspond with us;
when you phone our customer support and assistance centres or require support;
when you attend one of our premises or premises of our agents;
when you visit an authorised dealership to test drive or purchase a vehicle, have your vehicle serviced or repaired or undertake the ID check associated with your use of the Mercedes me connect and smart control information and telematics services. Vehicles that you test drive or loan from us or one of our wholly owned dealerships may also be fitted with anti-theft tracking technology and in this respect we may track your location;
if you order or purchase a product or service from us;
if you enquire or apply to be an authorised partner or vendor;
from third party roadside assistance service providers;
via our websites (including our microsites) including:Cookie Policy
via social media;
from competitions or promotions you have participated in or our events you have attended;
from publicly available sources (including but not limited to commercially available sources such as data aggregators and public databases) and also information that you or others may post about yourself online e.g. social media pages. This information may include things like name, demographic, interests and other publically observed data. We (or our service provider on our behalf) may combine this information from information with other information including information we collect directly from you. We may also associate information about your use of our digital services over time with your personal information, e.g. where on any occasion you have logged in, followed a link sent to you by email or where we have otherwise been able to identify you;
from third party service providers;
when you apply for work with us and during reference checks;
from other related or Mercedes-Benz Group companies;
from Austroads Ltd’s National Exchange of Vehicle and Driver Information Systems if we are conducting a recall; and/or
from government bodies, enforcement and regulatory authorities.
Where you provide personal information about other individuals to us (for example, joint owners, family members or referees), we rely on you to inform those individuals that you are providing their personal information to us and tell them about this Privacy Policy.
2. PURPOSE OF COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
2.1 How we use personal information
Primarily we collect personal information for the purpose declared at the point of collection and so we can provide you with the best possible experience for you, and in order to comply with our legal, regulatory, industry or workplace requirements. More specific purposes include but are not limited to:
any purpose which we inform you about when we collect your personal information or to which you have provided your consent;
any purpose relating to buying, selling, repairing and loaning vehicles and parts;
registering your interest in buying vehicles, servicing vehicles or part sales, including via our microsites;
providing you with digital services requested by you including the Mercedes me connect and smart control information and telematics services;
if you wish to own or already own a franchise of our products and/or services;
any related purpose which would be reasonably necessary or directly related to one or more of our functions or activities;
customer management including communicating to you about any goods and services, responding to enquiries in relation to products we sell and services we offer and varying our products and services;
providing support to our customers and authorised dealer network;
customer assistance, care, contact and information;
fulfilling and processing orders and administering accounts;
roadside assistance, vehicle warranty, product issues, service measures and recalls;
marketing, event and promotional activities (including but not limited to competitions and other promotions);
informing you of special events or offers;
reporting, market research, customer surveys, customer analysis and product development;
accounting, billing or other internal administrative purpose;
as part of servicing and maintenance of IT systems and applications;
recruitment purposes;
to protect our legitimate interests including, for instance, registering a security interest on the Personal Property Securities Register or taking or responding to any legal action;
conducting background checks, including checking against sanctions lists;
to comply with industry, legal and regulatory requirements; and/or
where permitted or required by law, a court or tribunal.
2.2 Disclosure
During the course of our day to day business, we may disclose your personal information to third parties outside our organisation, including but not limited to:
those that you have consented we disclose your personal information to, either impliedly by your conduct, verbally or in writing;
our authorised network;
contracted service providers including but not limited to payment service providers, advertising and marketing agencies, certain cookie and web technology providers referred to in our Cookie Policy ,
other members that are part of, related to or associated with the Mercedes-Benz Group (many of whom are based overseas see 2.3 below);
related companies for example, Mercedes-Benz Financial Services Australia Pty Ltd that we share corporate services with, including information technology and human resources, or who provide back of office services to us;
third party consultants under conditions of confidentiality for business related activities; and/or
government agencies, enforcement authorities, regulators or other similar entities as required or permitted by law.
2.3 Cross border disclosure
In the ordinary course of our day to day business activities and those of our related and associated entities and service providers, your personal information may be transferred, accessed, processed and/or stored in various countries which include but are not limited to, the European Union (most notably Germany), the USA, Mexico Singapore, India, Philippines, Netherlands, Spain, Brazil, China, Malaysia, United Kingdom and Japan.
Where we arrange for work or services to be undertaken on our behalf, that work is undertaken under conditions of confidentiality and may result in your personal information being transferred, accessed, processed and/or stored (for example, on clouds or servers) in various countries for the purpose of service delivery to us or you.
Unless an exception applies in the Privacy Act, prior to disclosing personal information to overseas recipients we will take reasonable steps in the circumstances to ensure that the overseas recipient adheres to the APPs.
Overseas organisations may be required to disclose information we share with them under a foreign law. In those instances, to the fullest extent permitted by law, we will not be responsible for that disclosure.
2.4 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 or SMS/IM/MMS 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.
We do not actively market to children or knowingly collect personal information about children without parental consent. Whilst we do take steps to ensure that children’s privacy and rights are not compromised, it is ultimately the responsibility of parents to monitor their children’s internet usage.
2.4.1 Electronic communications
Where we electronically communicate with you (e.g. by instant messaging, SMS/IM/MMS, and other mobile phone messaging (but excluding voice to voice communications)) for the purpose(s) mentioned above, we comply with the Spam Act 2003 (Cth) as amended from time to time. We take steps to ensure that our electronic communications meet the following conditions, they:
will only be sent with your consent, which you either provide expressly, or in very limited circumstances, that consent is inferred by your conduct or an existing ongoing business relationship;
contain accurate information about us and how to contact us; and
contain a functional unsubscribe facility to allow you to opt out of receiving electronic messages from us in the future.
2.4.2 Do Not Call Register Act 2006 (Cth)
The Do Not Call Register Act 2006 (Cth) allows telephone numbers to be registered if they are used primarily for domestic or private purposes in order to allow you to opt out of receiving most telemarketing calls or marketing faxes. If you have registered your private or domestic number on the register, then we will not contact you for telemarketing purposes for example, offering to sell you goods or services except if you have expressly opted in to receive direct marketing phone calls from us of which you can opt out of at any time.
However, we will still contact you for purposes that are not telemarketing purposes, including but not limited to the following:
product recall, issue and fault rectification calls;
appointment reminder and rescheduling calls;
calls relating to payments;
calls relating to a contract or the subject matter of contract we have with you; and
solicited calls.
2.4.3 Opting out - Direct marketing, electronic communications and telephone calls
If you do not wish to receive direct marketing, electronic communications or telephone calls from us for direct marketing purposes, you can opt out at any time. When you opt out, we will stop sending the material until such time as you change your preferences.
If you elect not to receive any direct marketing material from us, you are likely to miss out on special product and service promotions, invitations to events, publications and other items that fall into this category.
You can opt out by contacting our Privacy Officer as per the details set out in item 4.3 of this Privacy Policy.
2.5 Cookies, Tracking and Retargeting Technologies
2.5.1 General
We use different web technologies (such as cookies, tracking technologies and retargeting technologies) so that we can make our webpages more user-friendly, continuously improve them, and show content, offers and advertisements that are more suited to you. We may also use this information to conduct repoting, customer analytics, market research and product development. For more information about what web technologies are and how we use them, please refer to our Cookie Policy on our website.
Important: When certain web technologies are used, cookies on our websites track your browsing activity. In the process, random identifiers (so called “Cookie IDs”) are used which may be brought into connection with your name, your address or similar personally identifiable information that we may already hold (e.g. from an existing contractual relationship). On this basis, if you have already provided us with personally identifiable information, by consenting to the use certain web technologies you are consenting to us associating your browsing activity on our websites to you personally.
For Analysis and Statistics web technologies, Comfort web technologies and Marketing web technologies, will only use these technologies if you agree. For Technically Required web technologies, by simply using our websites, you consent to their use.
Further information about the above technologies, the respective providers and the associated processing of personal data, please refer to our Cookie Policy .
2.5.2 Managing preferences
You can manage the use of web technologies via our Cookie Policy or via your browser or device by following the manufacturer's instructions on how this is done for the respective browser or device you use.
If you do not wish for us to use certain web technologies (other than those technically required), you can object or “Opt-Out” at any time. We will comply with your objection by placing an Opt-Out cookie in your browser. 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.
To find out more, please visit our Cookie Policy .
2.5.3 Data transmission outside of Australia
When using web technologies, data may be transmitted to recipients outside Australia.
3. SECURITY OF PERSONAL INFORMATION
3.1 Integrity and quality of personal information
We take reasonable care to ensure that personal information we use, store and subsequently destroy/delete (where relevant) meets certain quality requirements, in that the personal information is accurate, up to date and complete.
3.2 Security of personal information
While care is taken to protect your personal information, unfortunately no data transmission over the internet is guaranteed as being 100% secure. Accordingly, we cannot guarantee the security of any information you send to us or receive from us online. That is particularly true for information you send to us via email as we have no way of protecting the information until it reaches us. Once we receive your personal information, we are required to protect it in accordance with the Privacy Act.
MBAuP follows the Mercedes-Benz Group global policies, guidelines and standards to secure your information. We continually train and remind our staff of the importance of keeping information safe and secure.
We have adopted active security measures to ensure that your personal information is kept safe from misuse, interference, loss, unauthorised access, disclosure and modification, such as:
(a) System security: Our application systems are password protected and can be accessed only by people authorised to do so. Our policies require us to encrypt confidential information, for instance, when you provide information to us using our website or when you send information from your computer to us. Security is inbuilt into the design and operations of our systems through the use of firewalls, ethical hacking and virus scanning tools.
(b) Physical security: Our premises are protected against unauthorised access by way of access card for entry, cameras, alarms and security services.
(c) Data retention: If personal information is no longer required for the purpose for which we are permitted to use, disclose or legally retain it, then we will permanently remove from a record any information by which an individual may be identified in order to prevent future re-identification from the data available. We retain information as long as needed to comply with the law or our own corporate policies and procedures.
Whilst we seek to keep your personal information secure, errors may occur from time to time and we will act quickly to investigate them and implement measures to avoid them from happening again (where possible).
We will at no time sell, rent or trade your personal information to or with any other unrelated entity.
4. ACCESS, CORRECTION, COMPLAINTS AND ENQUIRIES
We take reasonable steps to ensure that information we collect, hold or disclose about you is accurate, complete and up to date.
4.1 Access to information we hold about you
At any time you can request access to information we hold about you. We aim to respond to your request within 30 days. We may charge a reasonable fee for information requests.
Whilst we are obliged to provide you with access to your information, there are exceptions and those are outlined in the Privacy Act. If one of the exceptions applies to your access request, we will (if reasonable in the circumstances) work with you and attempt to provide you with access in a way to meet both of our needs. If it is reasonable in the circumstances, we will also notify you in writing if we have determined to refuse access to your personal information due to one of the exceptions listed above and the reasons for that refusal.
4.2 Correction of information we hold about you
We also encourage you to actively engage with us and let us know when your details change or if your personal information needs correction or updating via our contact information provided below.
4.3 Complaints and enquiries
If you are not happy with the way we have handled your personal information or believe that we have breached the Privacy Act or the APPs, 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 either e-mailed or posted to:
The Privacy Officermbaupprivacyofficer@daimler.com
For information about privacy generally, or if your concerns are not resolved to your satisfaction, please contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.
5. INFORMATION RELATING TO PROSPECTIVE, CURRENT AND FORMER EMPLOYEES
Due to the employee records exemption in the Privacy Act, this Privacy Policy does not apply to our past or current employees. However, we recognise that employee records should be handled with the utmost care and we therefore will comply with any obligations that may apply to employee personal information under other applicable laws.
If an employee has any questions or requests relating to their employee records, then the employee should contact MBAuP’s human resources department.
This Privacy Policy applies to independent contractors, job seekers, secondees and work experience students.
6. CHANGES TO THIS PRIVACY POLICY AND OBTAINING A COPY OF THIS POLICY
We make our Privacy Policy available on our websites and will provide a copy of this Privacy Policy to anyone who requests it free of charge.
We review and update this Privacy Policy from time to time to ensure it is current. If such a review or update does occur, the most current version of the Privacy Policy is placed on our websites.
Last updated: February 2022
Legal notices and terms
In consideration of you viewing this website, customer portal, online marketplace or app (“Platforms”) you agree to be bound by the following terms and conditions:
Copyrights
Copyright 2020 Mercedes-Benz Australia/Pacific Pty Ltd ("MBAuP"). The text, images, graphics, sound files, animation files, video files and their arrangement on MBAuP’s and/or Mercedes-Benz Group companies’ Platforms are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth) all rights are reserved. These objects may not be copied for commercial use or distribution, nor may these objects be modified, published or reposted to other Internet sites or mediums. Some MBAuP and/or Mercedes-Benz Group companies’ Platforms also contain images that are subject to the copyright rights of third party providers.
Trade Marks
These Platforms include registered trade marks which are the subject of pending applications and trade marks which are otherwise protected by law. Unless otherwise indicated, all trade marks displayed on MBAuP Platforms are subject to the trade mark rights of specific companies within the Mercedes-Benz Group. These include, but are not limited to, each of Mercedes-Benz Group's primary brands (Mercedes-Benz, AMG and Mercedes-Benz Financial Services) and the model name plates, corporate logos and emblems of the Mercedes-Benz Group.
Product Variations
Some of the product information, illustrations and images featured on these Platforms are European and reflect each vehicle’s performance and features under European conditions. Any such information, illustrations and images are indicative and for guidance only. Refer to an authorised Mercedes-Benz retailer for current information. Consequently, some of the information and/or accessories are not available in some countries or which; in order to satisfy local market demand or regulatory controls may only be available in different specifications or configurations.
If you are interested in any vehicle model, paint, option or accessory shown on these Platforms and are unsure of its availability or specification in your locality, you should contact your local MBAuP office or a local authorised retailer for the relevant product or brand, including information of current details and options available in your locality.
Prices
Unless otherwise stated, all prices specified are the recommended maximum retail prices. Prices are current at the time of publication and are subject to change at any time and from time to time without notice. Prices may differ based on your delivery location, applicable statutory or administrative charges, and CTP requirements in the purchasers state or territory. Some pricing information presented or used may be sourced from third parties and every effort has been taken to ensure accuracy, however absolute accuracy cannot be guaranteed. Please confirm item availability, specification and pricing prior to purchase.
No Warranties or Representations
The information that is contained on these Platform is for preliminary and general purposes only. MBAuP may at any time and from time to time at its full and complete discretion make any changes to the information that is contained in or on these Platforms. This information is provided by MBAuP "as is" and to the extent permitted by law, 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. As such, no reliance whatsoever should be placed on the information that is contained in or on these Platforms as being accurate, complete and up to date.
MBAuP is not responsible for and will not accept responsibility or liability for any cost, damage, expense or loss (whether direct or indirect) that is or may be incurred as a result of any possible error, misrepresentation and or omission that is, was, or may be contained in or on these Platforms at any time and from time to time.
No Licenses
MBAuP has sought to achieve innovative and informative Platforms. We hope that you will be as enthusiastic as we are about this creative effort. However, you also need to understand that the Mercedes-Benz Group must protect its intellectual property, including its patents, trade marks, designs and copyrights. Accordingly, you are hereby on notice that the Platforms, nor any material contained therein, shall in any way grant or be taken to grant any person a license to Mercedes-Benz Group´s intellectual property or its related rights.
Links to Other Sites
Our Platforms may contain content or links to other websites that are owned by third parties. This content or these links are provided solely for your convenience and do not indicate either express or implied endorsement by MBAuP of the products or services that are provided by that website. When accessing third party content or websites and using those products and services you agree and undertake to do so at your own risk. MBAuP is not responsible for and will not accept responsibility or liability for any cost, damage, expense or loss (whether direct or indirect) that is or may be incurred as a result of any third party content, links or websites.
Mercedes-Benz Financial Services Australia Pty Ltd - Finance Products and Insurance Solutions
Mercedes-Benz Financial Services Australia Pty Ltd (“MBFSAu”) (AFSL No. and Australian credit licence 247271) offers finance and insurance products and services in Australia and is part of the Mercedes-Benz Group of Companies. Mercedes-Benz Financial and Mercedes-Benz Insurance are registered business names of MBFSAu. Any information, publications, statements or references to finance or insurance made directly on these Platforms are made by MBFSAu and must be read subject to the respective disclaimers, legal notice and privacy statement .
Information contained in summaries of finance products or insurance solutions are subject to change at any time without notice. This may include indicative interest rates, terms available, estimated payments and fees and charges.
If you are interested in any finance product or insurance solution, you should contact your local authorised retailer to obtain confirmation of current details.
The provision of finance or insurance is subject to MBFSAu’s usual credit approval or insurance approval processes. The details provided on these Platforms are not intended, and are not to be construed, as an offer to provide finance or insurance on the terms stated.
Mercedes-Benz Prestige and Classic Motor Vehicle Insurance is arranged by Mercedes-Benz Financial Services Australia Pty Ltd ABN 73 074 134 517 (MBFS) as an agent of the underwriter QBE Insurance (Australia) Limited ABN 78 003 191 035 AFSL 239545 and not as your agent. The insurer of Mercedes-Benz Premier Motor Insurance is Allianz Australia Insurance Limited ABN 15 000 122 850 AFSL 23470 of 10 Carrington Sydney NSW 2000 and in arranging this insurance, MBFS and the authorised dealers act on behalf of Allianz and not as your agent. Neither MBFS nor any of its related companies have any liability in respect of this policy. Please consider the Product Disclosure Statement and Policy Wording booklet of each policy before making a decision. The Target Market Determination for each policy is available by calling us. Any advice here does not take into account your objectives, financial situation or needs. Terms, limits, conditions and exclusions apply. All claims are made to and handled by the relevant insurer and not MBFS.
General
MBAuP and MBFSAu Platforms may be accessed across the globe however are intended to be accessed by those in Australia. We make no representations that Platforms comply with the laws (including intellectual property laws) of any country outside Australia.
By using our Platforms, you acknowledge and agree not to:
i. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
Should any part of this legal notice be or become invalid, that part shall be severed from these legal notice and shall not affect the validity of the remaining provisions of the legal notice.
This legal notice shall be governed by and construed in accordance with the laws for the time being in force in the State of Victoria Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts and tribunals of that State.
You may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the express permission of MBAuP.
© Mercedes-Benz Australia/Pacific Pty Ltd. All rights reserved.
Privacy Statement
SCOPE OF THIS POLICY
Mercedes-Benz Financial Services Australia Pty Ltd (ABN 73 074 134 517) (“we”, “us” or “our”) takes 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.
This Privacy Statement outlines the following:
The kinds of information we collect and hold about you (including sensitive information);
How we collect your information;
The purpose for which we collect, use and disclose your personal information (including overseas disclosure and direct marketing);
How to access, update or correct your personal information;
How we secure your personal information; and
How you can make a privacy complaint.
Where we deal with your personal information, we are governed by and comply with the following:
The Privacy Act 1988 (Cth) (“the Privacy Act”), including the Australian Privacy Principles (“APPs”) located in Schedule 1 of the Privacy Act; and
The Privacy (Credit Reporting) Code 2014 as set out in Part IIIA of the Privacy Act.
1. THE KINDS OF INFORMATION WE COLLECT AND HOLD
1.1 Personal information
Personal information is defined in the Privacy Act as information or an opinion about an identified individual, regardless of whether that information or opinion is true or not or whether the information or opinion is recorded in a material form or not. We collect personal information that is reasonably necessary for or directly related to one or more of our functions and activities. The types of personal information we collect include, but are not limited to, your:
Name;
Gender;
Age and birth date;
Occupation and employment details (including information about companies and/or businesses you are associated with);
Contact details;
Residential and/or business address;
Vehicle, registration and drivers licence details;
Vehicle’s location (if a right for us to repossess your vehicle arises under your finance contract or a finance contract of a company of which you are a director);
Credit card and bank account details;
Other financial information (including credit information and information about your financial position);Insurance history;
Current and past vehicle information and details;
Cookies and website tracking; Voice (when we record inbound and outbound calls for quality, training and record keeping purposes);
Image (by video and/or photograph at events, during market research or through security cameras on our premises);
Educational qualifications, resume and reference checks; and
Personal interests.
1.2 Credit information
When you apply for credit with us, receive credit from us or guarantee the obligations of another under their credit arrangements with us, we may also collect, hold, use and disclose credit information about you. Credit information is ‘personal information’, however it is also regulated by the Privacy (Credit Reporting) Code 2014 and Part IIIA of the Privacy Act. Credit information includes, but is not limited to:
Information about your credit worthiness;
Default information;
Repayment history information;
Payment information;
Credit reports;
Personal insolvency information; and
Credit liability information.
1.3 Sensitive information
Sensitive information is personal information that, due to its nature, is given a higher degree of protection under the Privacy Act. It generally refers to information or an opinion regarding your:
· Racial or ethnic origin;
· Political opinions;
· Membership of a political association;
· Religious beliefs or affiliations;
· Philosophical beliefs;
· Membership of a professional or trade association;
· Sexual preference or practices;
· Criminal record;
· Health information; or
· Biometric information
We generally do not collect sensitive information unless it is reasonably necessary for a specific purpose, such as assessing a hardship application and completing the eKYC process. We will only collect this information if we have your express consent or if the law requires its collection.
1.4 Anonymity
Where appropriate, we provide you with the option of remaining anonymous when dealing with us, unless such anonymity would be considered unlawful or impracticable. If you elect not to provide us with your personal information, the services or opportunities we can offer you may be limited.
2. HOW WE COLLECT AND HOLD YOUR INFORMATION
2.1 Collection of personal information
We take steps to ensure that whenever we collect your personal information, we do so by lawful and fair means. Depending on the circumstances, we may obtain your personal information in a variety of ways, including but not limited to:
When you contact or correspond with us;
When you phone our customer support and assistance centres or require support;
When you attend our premises;
When you visit an authorised dealership;
If you order a product or service from us;
If you, or a company or business you are associated with, applies to us for credit;
Via our website (including microsites): if you choose to supply the information to us by entering your information into interactive sections on our website, or by the use of Cookies;
When you complete a survey;
Via social media;
From publicly available sources such as data aggregators and public databases;
From third party service providers;
When you apply for work with us and during reference checks;
From other related entities or Mercedes-Benz Group companies;
From government bodies, enforcement and regulatory authorities.
From an electronic identity verification service provider in order to verify your identity against government and/or commercial database.
When you provide personal information about other individuals to us (for example, joint owners, business or commercial partners and/or associates, family members or referees), we rely on you to inform those individuals that you are providing their personal information to us and tell them about this Privacy Statement.
2.2 Collection of credit information
If you, or a business or company you are associated with applies to us for credit, we will collect credit information about you from Credit Reporting Bodies (“CRB”) in the form of a credit report. The CRBs that we currently use are:
i. Equifax Pty Ltd
www.equifax.com.au
ii. Illion Australia Pty Ltd (formerly Dun & Bradstreet Pty Ltd)
www.illion.com.au
iii. Experian Australia Credit Services Pty Ltd
www.experian.com.au
The privacy policies for the above CRBs can be found on their websites.
You can request that a CRB not use or disclose credit information it holds about you for a period of 21 days (“ban period”) without your consent if you believe on reasonable grounds that you have been or are likely to be a victim of fraud, including identity fraud.
When you, or a business or company you are associated with applies to us for credit, you agree to us accessing your personal information (including credit information) held with a CRB, even if there is a ban period in place, for the purpose of assessing an application for in credit or in order to collect overdue payments.
In some cases, we may also obtain credit information about you from other lenders who appear in credit reports about you provided by CRBs.
3. PURPOSES FOR WHICH WE COLLECT, HOLD, USE & DISCLOSE YOUR INFORMATION
3.1 How we may use your personal and sensitive information
We primarily collect your personal and sensitive information so that we can provide you with the best possible finance and insurance products and services that we and our authorised dealer network have to offer, to create a more personalised experience for you and to comply with our legal, regulatory, industry or workplace requirements. More specific purposes include but are not limited to:
Any purpose which we inform you about when we collect your personal information or to which you have provided your consent;
Any related purpose which would be reasonably necessary or directly related to one or more of our functions or activities;
Responding to enquiries in relation to products we sell and services we offer;
Providing support to our customers and authorised dealer network;
Providing customer assistance and care;
Fulfilling and processing orders, requests, applications and administering accounts;
Carrying out marketing, event and promotional activities;
Informing you of special events or offers;
Performing market research, customer surveys, customer analysis and product development;
For accounting, billing or other internal administrative purpose;
Recruitment purposes;
To protect our interests by registering a security interest on the Personal Property Securities Register;
Checking against sanctions lists;
To comply with industry, legal and regulatory requirements; and/or
Where permitted or required by law, a court or tribunal.
3.2 How we may use your credit information
We primarily use your credit information for the following purposes:
Assessing you as a borrower or guarantor and/or to assess a credit application by a company of which you are a director;
Managing a finance contract;
Complying with our legislative and regulatory obligations, including but not limited to those arising under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (see 3.3.1 below) and the National Consumer Credit Protection Act 2009 (Cth);
Assist you in managing your debts or to assist us to collect overdue payments on credit contracts;
3.3 Disclosure of information
During the course of our day to day business, we may disclose your personal and sensitive information to third parties outside our organisation, including but not limited to:
Those that you have consented we disclose your personal information to, either impliedly by your conduct, verbally or in writing;
Our authorised dealer network;
Insurers for the purposes of arranging or managing an insurance policy;
Contracted service providers including but not limited to advertising and marketing agencies, financiers, insurers, mailing houses, printers, organisations that assist us to conduct promotions or market research, payroll service providers, recruitment agencies, debt collectors, data analysts, IT service providers, roadside assistance providers, database storage and service providers, cloud service providers and professional advisors;
To other members that are part of, related to or associated with the Mercedes-Benz Group (some of which are based overseas see 3.4 below);
To related companies for example, Mercedes-Benz Australia Pacific Pty Ltd that we share corporate services with;
Necessary third parties for the purposes of facilitating or implementing a sale or transfer of all or part of our assets or business; and/or
As required by an enforcement authority, regulator, law, court or tribunal.
3.4 Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (“AML/CTF Act”)
We may be required by the AML/CTF Act to verify your identity before providing credit to you. In order to do this, if you provide your consent we may provide your name, residential address and/or date of birth to a CRB and ask the CRB to provide an assessment of whether this personal information matches the information held by the CRB and other bodies.
This assessment is not a credit check and we will not use the assessment for any purpose other than to verify your identity as required by the AML/CTF Act.
If you do not want us to provide a CRB with your personal information for the purposes of verifying your identity, you may request that we verify your identity by using independent and reliable documents such as a drivers licence or passport. In this case, MBFSAu or an authorised dealer will need to sight your original identification document(s) or an original certified copy/ies of same.
3.5 Cross border disclosure
In the ordinary course of our day to day business activities, your personal and sensitive information may be transferred, accessed, processed and/or stored in various countries within Asia, Africa, Europe and North America and other parts of Australasia. Though for the most part, this will mean Germany, Singapore, the United Kingdom, India, Japan, New Zealand, China and the Philippines.
Where we arrange for work or services to be undertaken on our behalf, that work is undertaken under conditions of confidentiality and may result in your personal information being transferred, accessed, processed and/or stored (for example, on clouds or servers) in various countries for the purpose of service delivery to us or you.
Unless an exception applies in the Privacy Act, prior to disclosing personal or sensitive information to overseas recipients we will take reasonable steps in the circumstances to ensure that the overseas recipient adheres to the Privacy Act or equivalent standards.
3.6 General Data Protection Regulations (EU)
The data protection notice describes how Mercedes-Benz Mobility AG processes your personal data for various purposes.. Protecting your personal data is a high priority for us, and is taken into account for all of our business processes. This data privacy notice provides you with a detailed summary regarding the processing of your personal data in relation to the different processes mentioned in the various documents. The current processes are below
Risk Management Processing Activities at Mercedes-Benz Mobility [ADD LINK HERE
3.7 Direct marketing
Direct marketing involves us communicating directly with you to promote the sale of our goods and services. This can be done by a variety of methods including for example, by mail, telephone, e-mail or SMS/IM/MMS and potentially by third parties on our behalf, including by other Mercedes-Benz Group Companies. We will obtain your consent prior to using or disclosing your personal information for direct marketing purposes
We do not actively market to children or knowingly collect personal or sensitive information about children without parental consent. Whilst we do take steps to ensure that children’s privacy and rights are not compromised, it is ultimately the responsibility of parents to monitor their children’s internet usage.
3.7.1 Electronic communications
Where we electronically communicate with you (e.g. by instant messaging, SMS/IM/MMS, and other mobile phone messaging (excluding voice to voice communications)) for the purpose(s) mentioned above, we comply with the Spam Act 2003 (Cth) as amended from time to time. We take steps to ensure that our electronic communications meet the following conditions:
a. They will only be sent with your consent, which you either provide expressly, or in very limited circumstances, that consent is inferred by your conduct or an existing ongoing business relationship;
b. They contain accurate information about us and how to contact us; and
c. They contain a functional unsubscribe facility to allow you to opt out of receiving electronic messages from us in the future.
3.7.2 Do Not Call Register Act 2006 (Cth)
The Do Not Call Register Act 2006 (Cth) allows telephone numbers to be registered if they are used primarily for domestic or private purposes in order to allow you to opt out of receiving most telemarketing calls or marketing faxes. If you have registered your private or domestic number on the register, then we will not contact you for telemarketing purposes for example, offering to sell you goods or services except if you have expressly opted in to receive direct marketing phone calls from us which you can opt out at any time.
However, we may still contact you for purposes that are not telemarketing purposes, including but not limited to the following: Product issues and fault rectification calls;
Calls relating to payments;
Calls relating to a contact or the subject matter of a contract we have with you; and
Solicited calls.
3.7.3 Opting out
If you do not wish to receive direct marketing, electronic communications or telephone calls from us for direct marketing purposes, you can opt out at any time. Please let us know by contacting us on 1300 730 200 or at mbfsau_privacy@daimler.com . When you opt out, we will stop sending the material until such time as you change your preferences.
If you elect not to receive any direct marketing material from us, you are likely to miss out on special product and service promotions, invitations to public events, publications and other items that fall into this category.
4. ACCESS AND CORRECTION OF INFORMATION
4.1 Access to information we hold about you
At any time you can request access to information we hold about you. We aim to respond to your request within 21 days. We may charge a reasonable fee for information requests.
Whilst we are obliged to provide you with access to your information, there are exceptions and those are outlined in the Privacy Act. If one of the exceptions applies to your access request, we will (if reasonable in the circumstances) work with you and attempt to provide you with access in a way to meet both of our needs. If it is reasonable in the circumstances, we will also notify you in writing if we have determined to refuse access to your personal or sensitive information due to one of the exceptions listed above and the reasons for that refusal.
4.2 Correction of information we hold about you
We also encourage you to actively engage with us and let us know when your details change or if your personal or sensitive information needs correction or updating via our contact information provided below. To correct personal information, we need to be satisfied on reasonable grounds that the information we hold about you is inaccurate, out of date, incomplete or misleading.
We will respond to requests to correct your personal information within 21 days. If we correct your personal information, we will notify you and any other person or organisation that the information is relevant to. If we refuse to correct your personal information, we will provide you with written notice setting out:
The reasons for the refusal;
Mechanisms available to complain about the refusal; and
Any other matter required by law.
If we refuse to correct your personal or sensitive information, you can request that we associate a statement with the information you believe to be inaccurate in a way that makes the statement apparent to other users of the information.
5. SECURITY OF PERSONAL AND SENSITIVE INFORMATION
5.1 Integrity and quality of personal and sensitive information
We take reasonable care to ensure that personal or sensitive information we use, store and subsequently destroy/delete (where relevant) meets certain quality requirements, in that the personal and sensitive information is accurate, up to date and complete.
5.2 Security of personal and sensitive information
While care is taken to protect your personal and sensitive information, unfortunately no data transmission over the internet is guaranteed as being 100% secure. Accordingly, we cannot guarantee the security of any information you send to us or receive from us online. That is particularly true for information you send to us via email as we have no way of protecting the information until it reaches us. Once we receive your personal or sensitive information, we are required to protect it in accordance with the Privacy Act.
We follow the Mercedes-Benzglobal policies, guidelines and standards which are designed to secure your information. We continually train and remind our staff of the importance of keeping information safe and secure.
We have adopted active security measures to ensure that your personal and sensitive information is kept safe from misuse, interference, loss, unauthorised access, disclosure and modification, such as:
a. System security: Our application systems are password protected and can be accessed only by people authorised to do so. Our policies require us to encrypt confidential information, for instance, when you provide information to us by using our website or when you send information from your computer to us. Security is inbuilt into the design and operations of our systems through the use of firewalls, ethical hacking and virus scanning tools.
b. Physical security: Our premises are protected against unauthorised access by way of access card for entry, cameras, alarms and security services.
c. Data retention: If personal or sensitive information is no longer required for the purpose for which we are permitted to use, disclose or legally retain it, then we will permanently remove from a record any information by which an individual may be identified on order to prevent future re-identification from the data available. We retain information as long as needed to comply with the law or our own corporate policies and procedures.
Whilst we seek to keep your personal and sensitive information secure, errors may occur from time to time and we will act quickly to investigate them and implement measures to avoid them from happening again (where possible).
6. AUTOMATED COLLECTION OF INFORMATION VIA WEBSITE
6.1 Collection of information
We collect statistics about the use of our websites to help make the sites more usable. We do this using software techniques such as cookies (which is described in more detail below). While this information is about users, we do not use these tools to identify individual users of the websites.
6.2 Cookies
Cookies are pieces of information that the websites use to recognise repeated usage, facilitate better access to and use of the website. The use of cookies is standard and you will find that most websites use them. Most internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your internet browser to refuse cookies or to warn you when cookies are being used. However, if you disable cookies, this may affect the functionality of our website for you. For more information on the use of Cookies please click here .
7. CHANGES TO THIS PRIVACY STATEMENT
7.1 Amendments
This Privacy Statement may be reviewed and amended periodically without prior notice. We may change this Privacy Statement at any time by publishing the amended version on our website. Any changes to our Statement will become effective upon posting of the updated Statement on our website. You can tell when this Statement has been last updated by checking the date on the Statement.
7.2 Privacy and Collection Statements
We may also issue privacy and collection statements through our website or other points of contact and collection which will refer to this Privacy Statement but will also give more specific information about the collection, use and disclosure of personal information being collected at that time (by reference to the relevant circumstances of collection).
8. COMPLAINTS
If you have any concerns regarding:
this Privacy Statement;
the way we have handled your personal information;
You believe that we have breached the Privacy Act, APPs or the Credit Reporting Code;
please contact us at:
Privacy Officer
Mercedes-Benz Financial Services Australia Pty Ltd
1/41 Lexia Place
Mulgrave VIC 3170
mbfsau_privacy@daimler.com
We will endeavour to respond to all complaints as soon as possible and will notify you of our decision within 21 days. If we are unable to meet this timeframe, we will let you know the reasons for the delay and the expected timeframe for resolving the complaint.
If you are dissatisfied with our response to your complaint, you may contact the Office of the Australian Information Commissioner. Alternatively you may also refer your complaint to the Australian Financial Complaints Authority, our approved External Dispute Resolution scheme. The contact details for both organisations are set out below:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
1300 363 992
enquiries@oaic.gov.au
www.oaic.gov.au
Australian Financial Complaints Authority
GPO Box 3
Melbourne VIC 3001
1800 931 678
info@afca.org.au
www.afca.org.au
Last updated: February 2022
Data privacy notice on Risk Management processing activities at Mercedes-Benz Mobility AG (MBM)
This data protection notice describes how Mercedes-Benz Mobility AG processes your personal data for the purposes of Risk Management activities as well as for the credit decision and portfolio risk steering purposes. Protecting your personal data is a high priority for us, and is taken into account for all of our business processes. This data privacy notice provides you with a detailed summary regarding the processing of your personal data in relation to the different Risk Management processes mentioned below.https://www.daimler.com/privacy .Who is responsible for processing my personal data, and who can I contact on the topic of data protection? The (joint) controller responsible for processing your personal data for the Risk Management processes specified below is:data.protection@daimler.com , https://www.daimler.com/privacy/ .Where does my data come from and what data is processed? We process personal data under the principles of data reduction and data minimization only to the extent necessary, as permitted due to applicable legal regulations, according to our obligations. Unless otherwise set forth below, the terms "process" and "processing" include, but are not limited to, the collection, use, disclosure and transfer of personal data (see Article 4 No. 2 GDPR).
Customer number
Customer name (only Dealer and Corporate Customers)
Application information (such as application number, number of vehicles financed)
Information on private customers (such as region, profession) and commercial customers (such as industry)
Information on commercial borrowers/borrowers with Private ownership form (such as industry, region, experience in business)
Contract data (such as contract number, term, financing product, VIN number)
Vehicle data (such as model, list price, age of vehicle)
Financial Statements
Data from salary statements or the Account Information Service (PSD2)
External credit agency files on the data subject's creditworthiness
Information on payment history for past financing agreements
For the credit decision making and portfolio risk steering, the aforementioned data is processed with the customer name and application number.
Development of risk instruments that are used to determine customer creditworthiness, and thereby minimize the financial risk through an appropriate credit decision
Calibration of risk provisioning parameter and monthly provisioning calculation as a requirement under the accounting standard IFRS9
Planning activities with regards to forecasting as well as simulations of developments
Risk steering of the MBM company which includes: calibration of risk parameter, economic capital calculation, risk adjusted profitability steering, monitoring and reporting to steer and control credit risks, assure quality of credit applications and to analyze the credit portfolio
Reporting, e.g. monitoring the development of number of sales as well as financing and leasing contracts per vehicle model, monitoring of profitability, monitoring of the share of “green financing” (electric vehicles), monitoring the development of risk KPIs such as delinquencies, credit losses, provisions, quality of the acquisitions, monitoring the performance of the different risk models, etc.
Market risk analysis especially interest rate and liquidity risk management for the purposes of asset and liability management
Internal or external audit activities
Performance of Credit Decision: MBFSAu processes as Data Controller your data for the performance of Credit Decision within its credit decision competence, whereas MBM provides as service provider the IT infrastructure and processes the data as Data Processor on behalf of MBFSAu. As far as the credit request exceeds the credit decision competence of MBFSAu it and MBM process as Joint Controller your data for the performance of Credit Decision.
rd parties both inside and outside the MBFSAu.How long will my data be stored? The personal data used for the aforementioned risk management and credit decision processes is stored as long as the legitimate interest under Art. 6 (1) (f) GDPR persists. The legitimate interest ends when the contractual agreement between the data subject and the market ends. Four exceptions apply here:
Retention period is prolonged if outstanding payments are expected from the customer for example if the customer is involved in collection processes and the vehicle(s) have to be repossessed or they are stolen, etc.
In accordance with the local legal regulations, booking relevant data is kept up to 10 years
For the purposes of development and reporting, the data from credit checks is processed and joined with information on your payment history. In case no contract comes into force, data is an anonymized upon cancellation of your application.
For the credit decision, data retention will be handled in accordance with the local legally regulations, which is seven years.
Upon expiry of the retention period, the personal data will be anonymized/deleted and hence it will not be possible anymore to trace back to the original customer.
Right of access: You can request access to your personal data processed by us (Article 15 GDPR).
Right to correction of inaccurate data: You have a right to demand from us the immediate correction of your personal data, should it be inaccurate (Article 16 GDPR).
Right to deletion: You have the right to demand that we delete your personal data. The criteria allow you to demand the deletion of your personal data if we, for instance, no longer need the personal data for the purposes for which it was collected or otherwise processed, if we unlawfully process the data, or if you have rightfully objected to the use of your data, revoked your consent to the same or there is a legal obligation to delete (Article 17 GDPR).
Right to restriction of processing: You have the right to demand a restriction of the processing of your data. This right especially applies for the duration of the review if you have disputed the accuracy of your personal data, as well as in the case that, for an existing right to deletion, you request restricted processing instead of erasure. Furthermore, there will be restricted processing if the data is no longer required for our purposes, but you still need the data in order to assert, exercise or defend legal rights, as well as if the successful assertion of an objection is in dispute between you and us (Article 18 GDPR).
Right to data portability: You have the right to receive the personal data you have provided us with in a structured, common, machine-readable format from us (Article 20 GDPR), provided said data has not already been deleted.
Right to lodge a complaint with a supervisory authority: If you feel that we are violating the GDPR by processing personal data about you, you have the right to lodge a complaint with a supervisory authority, e.g. a data protection agency responsible for your place of residence, workplace or location where the alleged data protection violation occurred.
Automated decision-making: As an applicant, you have the general right under Art. 22 GDPR to have the automated decision reviewed manually. You can also present your own opinion and contest the decision.
If you wish to assert one of your rights or receive more information, please contact the controller or the joint controllers and/or the data protection officer.
