Learn about how we protect the privacy, confidentiality, accuracy, and security of customer personal information that we collect, use, disclose, or retain at MBC, including at our corporately owned dealerships.
Version 3.1 Last updated: March 2018
We reserve the right to change this Policy from time to time and provide notice of any significant changes, and the proposed effect, on the MBC website. In addition, we include a revision date on each version of our Policy. By providing personal information to us, or continuing to use our products or services after that date, customers consent to the collection, use and disclosure of the personal information as set out in the Policy.
Affiliated Businesses: Our affiliated lines of businesses and programs that develop, enhance, market, and/or provide MBC consumer products, services, and marketing. Affiliated businesses include Daimler AG, Mercedes-Benz Financial Services Canada Corporation, independent Mercedes-Benz Canada dealerships, and all worldwide subsidiaries of Daimler AG.
Business Partners: Organizations with which we have an alliance or arrangement to provide our customers with products or services that may be of interest to them, but which we do not offer directly. Business partners also include organizations with which we partner in order to conduct market research so that we may better understand our customers’ interests and automotive needs.
Collection: Gathering, acquiring, or obtaining customer personal information from any source.
Consent: A customer’s voluntary agreement with what is being done or proposed. Consent may either be implied or express. Express consent is given in an explicit manner, either orally or in writing. Implied consent may be reasonably inferred by the action or inaction of the individual (e.g. customer presenting a driver’s license so we can authorize a test drive).
Customer: An individual person who purchases, or expresses an interest in, an MBC product or service. This includes potential customers with whom we have established, or are in the process of establishing, a customer profile by collecting personal information.
Disclosure: Making personal information available to other individuals or organizations outside of MBC, including to our affiliated businesses.
Personal Information: Information that identifies, or which could be used either alone or with other information to identify a customer, such as name, address, birth date, financial information, computer IP address, etc. In accordance with legal requirements, if customers identify themselves as employees of an organization, their name, title, business address, or business telephone number is not considered personal information.
Contractors: Organizations or individuals that perform services on our behalf and for our purposes. For the purpose of this policy, references to MBC include contractors.
Use: Handling or processing of personal information within MBC.
At MBC, we are responsible for all personal information in our custody or control, including personal information that we share with contractors operating on our behalf (e.g. information technology providers). We require all of our employees (permanent and contract) who handle personal information to sign confidentiality agreements to ensure that they protect personal information in compliance with this Policy. Our agreements with our suppliers also contain confidentiality provisions.
- Adopt privacy procedures and processes to protect personal information;
- Respond to privacy complaints and inquiries in a timely manner;
- Conduct regular privacy training for all employees (permanent and contract);
- Make information available to customers to explain our privacy policies and procedures (e.g. privacy notices, statements, brochures); and
- Monitor legislative and industry developments in privacy and security on an on-going basis to ensure we are meeting or exceeding our privacy and security responsibilities.
MBC collects personal information in a variety of ways: directly from customers when they provide it, indirectly from their devices and online use, from other third parties, from a customer’s vehicle and from special service or features we provide or customers purchase. We describe these ways in more detail below.
· We may collect and use the personal information that such customers provide to us via their account: for instance, customer name, email address, country of residence, password and other registration information; the status of an order; warranty and other documentation for MBC products and general information about such products (including, for example, vehicle identification number or other product serial number, service plan information, connectivity package, subscription or service information), insurance forms, driver’s licenses, financing agreements, and similar information.
· Customers who wish to arrange vehicle financing through Mercedes-Benz Financial Services Canada Corporation may be asked to provide their address, driver’s license number, year of birth, property ownership status, mortgage/rent payment, balance, social insurance number (optional), employment information/history, income, banking information and information about legal actions. MBC sends this to Mercedes-Benz Financial Services Canada Corporation where credit may be approved or declined.
· Payment information, including payment card or account information, if a customer makes a purchase so that we can process the transaction.
· Information about the vehicle with which the customer is associated, such as purchase information, service history, and type of vehicle, which we use to keep warranty and service records.
· Name and contact information of customers who participate in an online chat (where available) with one of our MBC representatives so that we can locate our discussion and follow-up with if necessary.
· We may collect information about customers offline, such as when a customer visits MBC or an Affiliated Business, attends one of our events, signs up for a test drive, places an order over the phone, or contacts our customer services or sales department.
From customer devices: We collect personal information from our customer’s devices, including:
· Through our digital services, including our website, our software applications, social media pages, and in e-mail or text messages.
· Automatically when a customer uses a browser or their device. This information may include a customer’s Media Access Control (MAC) address, type of computer or device, screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the services (e.g. the Mercedes me App) the customer is using.
· Both MBC and its third party service providers, automatically when a customer visits our website, via cookies, web beacons and other digital markers:
o MBC or our advertisers or other third parties may send a “cookie” to a person’s computer. A cookie is a small piece of data that is sent to an individual’s Internet browser from a web server and stored on a person’s computer hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from the computer’s hard disk or read other cookie files already on the computer.
o Cookies also allow MBC, in the case of our third party advertisers, to provide individuals with online advertising and to customize the sort of advertisements advertisers provide. Cookies may also be used in online advertisements to see how individuals interact with MBC advertisements. Individuals may be able to choose whether or not to accept cookies by changing the settings of their Internet browser, but some functionality of the website may be impaired or not function as intended.
o Some of MBC’s web pages and electronic communications may contain web beacons (sometimes referred to as “pixel tags”). Web beacons collect only limited information, including: a cookie number; time and date of a page view; and a description of the page on which the web beacon resides. We may also carry web beacons placed by third party advertisers. These web beacons do not carry any personal information and are only used to track usage of the website and activities associated with the website.
o We may assign customers a unique internal identifier to help keep track of their future visits. We use this information to gather aggregate demographic information about customers, and we use it to personalize the information customers see on the website and some of the electronic communications customers receive from us (if they have they provided their consent to receive such communications). We keep this information for our internal use, and this information is not shared with others.
From other third parties: We may also collect personal information from other sources, such as retailers, consumer reporting agencies, government agencies, our Affiliated Businesses, insurance providers and others. For example:
· We collect credit information from consumer reporting agencies if a customer seeks to finance or lease a vehicle from MBC.
· We collect information about customers from retailers to administer a purchase of a Mercedes-Benz vehicle and share repair or maintenance information about a customer’s vehicle when that customer seeks service from other providers.
· We may obtain information about customers from government agencies in order to ensure that customers have not violated their agreement regarding exporting a vehicle or in order for us to locate and repossess a leased or financed vehicle.
· We also may receive information about customers from other sources, such as public databases, joint marketing partners, certified installers, third-party vehicle repair or service centers, and social media platforms.
From the vehicle: Telematics refers to the use of wireless devices and technologies to transmit data in real time back to an organization. Many Mercedes-Benz vehicles are equipped with telematics functionality. MBC may collect certain telematics data regarding the performance, usage, operation, and condition of a customer’s vehicle to improve our vehicles and services. The types of data collected will vary among vehicle models, as well as the types of services available or selected by the customer. For example:
· The telematics data collected by MBC may include: vehicle identification number; speed information; mileage; fuel level and average fuel consumption; tire pressure; battery charge information; electrical system functions; software version information; infotainment system data; safety-related data and camera images (including, e.g., information regarding the vehicle’s SRS systems, braking and acceleration, security, and accidents); short video or audio clips of accidents; information regarding the use and operation of various features; geoposition and location information; and other data to assist in identifying issues and analyzing the performance of the vehicle. We may collect such information either in person (such as during a service appointment) or via remote access.
· In vehicles in which the emergency call system is activated, MB Canada may collect: the vehicle's geoposition data and the geoposition data of the route (i.e. several hundred metres immediately before the before the triggering incident occurred); the direction of travel; vehicle identification number; if the vehicle is a car, the type of vehicle drive (e. g. petrol engine, hybrid vehicle); the estimated severity of the accident; the estimated number of people in the vehicle; whether or not the vehicle supports accident management; whether Mercedes me connect is available or not; whether the emergency call was triggered automatically or manually; the time of the triggering incident; and the language setting in the multimedia system.
· MBC may be able to remotely connect to a customer’s vehicle to diagnose and resolve issues with the vehicle. This also enables us to view the current location of the vehicle and may also provide us with information regarding personal settings in the vehicle, such as contact lists, browsing history, navigation history, and radio listening history. This information is only visible to the authorized users of this customer assistance platform.
· We may collect and store other vehicle data such as: accident information (e.g., air bag deployment, sensor data); remote services/vehicle setup information (e.g., remote lock/unlock, climate control, vehicle status, etc.); vehicle connectivity information; data about issues that could materially impair operation of the vehicle or safety-critical issues; and data about each software and firmware update. We may collect such information either during a service appointment or via remote access.
· In order to facilitate the servicing of the vehicle, we may collect and process data about the service history of each vehicle, including customer name, vehicle identification number, repair history, outstanding recalls (if any), any bills due, any customer complaints, and other information related to its service history.
From special features:
Customers may subscribe to or purchase certain features in their vehicle (for instance, live traffic feature, tracking services, navigation services, route planning or other features which make use of location data of the vehicle, and we may share this data with partners that contribute similar data to help us provide the service.
MBC may collect similar data in connection with other features and may share it with business partners where necessary to provide the feature to the customer, but we will only collect and share the data in a way that does not personally identify the customer.
While we only collect and share this data if these features are enabled in the vehicle, the vehicle may send this data to MBC and its partners even if the feature is not in active use.
Customers may contact us (see “How to Contact MBC” section below) to enquire about stopping the transmission of MBC telematics data other vehicle data. To stop transmission, disablement of the vehicle’s telecommunications module will be required. This can only be performed by a Mercedes-Benz technician. Once the unit is disabled, we will not be able to notify the customer of vehicle issues in real time, which may reduce vehicle functionality, result in serious damage to, or inoperability of, the vehicle. In addition, if customers do not provide telematics data, this may result in many features of the vehicle being disabled, including remote services, interactivity with the Mercedes me connect mobile app, and any service or feature that utilizes wireless internet communication.
We do not collect, use, or disclose personal information for a new purpose that was not previously identified without, first, explaining the new purpose to the customer and, second, obtaining consent.
We collect and use personal information for many purposes, including to:
- Provide our customers with MBC products or services and related activities , such as administer vehicle warranty programs; customization, financing, leasing, recalls, test drives, and customer loyalty programs;
- Initiate, maintain, and improve our relationship with our customers by providing them with personalization of their experience, including to: remember customer interests and preferences; customize the products and services we share with customers; facilitate customer interactions with our employees; track and categorize customer activity and interests on our website and mobile application and to enrich the customer experience in our dealerships, on our website, and through our mobile application;
- Communicate with our customers, such as: responding to a customer when they place an order; call us; make a request or inquiry; enter a contest or sweepstakes; complete a survey; or share a comment or concern. As well, we use this information to respond to and investigate customer inquiries, send customers newsletters, vehicle information, brochures, alerts or other materials; to request and provide feedback; and to facilitate social sharing and communication;
- Facilitate a transaction and provide products and services, such as: to complete and fulfill a purchase or order, to process a payment, process, maintain or service an account or membership, have an order delivered, communicate regarding a purchase; service an account and provide related customer service;
- Improve our products and services through quality assurance and improvement activities, including to: develop and promote new products and services; to improve or modify our existing products and services; and to analyze and improve the safety and security of our products and services.
- Monitor vehicle performance and provide services related to the vehicle, such as: contact the customer with service recommendations and to deliver over-the-air updates to the vehicle; to deliver any services requested by the customer; and comply with legal and contractual requirements;
- Perform analytics, such as to: understand how customers use our website, mobile applications, products and services; generate insights and understand how customers interact with us; and improve our website, mobile applications, products and services;
- Operate and improve upon our business and lawful business activities; to maintain our programs, accounts, and records; for research; to determine customer satisfaction with our products and services; to detect and prevent fraud or misuse of our services;
- Locating and repossessing a leased or financed vehicle exported from Canada in violation of agreements or to monitor compliance with such agreements; and
- Defend or protect us, our customers, or third parties, from harm or in legal proceedings; protect our rights; protect our security and the security of our customers, employees, and property; respond to court orders, lawsuits, subpoenas, and government requests; address legal and regulatory compliance; and notify customer of product recalls or safety issues.
We obtain the consent of customers for the collection, use, or disclosure of their personal information, except where it is inappropriate to do so. For sensitive uses and disclosures of personal information, such as disclosing financial information to Mercedes-Benz Financial Services Canada Corporation for the purpose of processing a request to lease or finance a vehicle, we obtain the express consent of customers. In addition, we obtain the implied consent of our customers by providing notice of our privacy practices through the MBC Privacy Statement, located throughout MBC dealerships and on our website. At MBC, we do not, as a condition of sale or service, require a customer to consent to the collection, use, or disclosure of personal information beyond that required to fulfill the specified purposes.
Customers may choose to withdraw their consent for certain uses and disclosures of their information by us at MBC, subject to legal or contractual restrictions and reasonable notice.
Customers can opt out of these uses and disclosures by contacting our MBC Privacy Officer (see “How to Contact MBC” section below).
Customers can withdraw their consent to our use and disclosure of their personal information for the following purposes:
- Providing our customers with information on special offers, events, and promotions offered by us at MBC or our business partners;
- Contacting our customers directly or through a business partner, such as JD Power or Maritz, in order to survey our customers’ level of satisfaction with our products and services and to enable us to better understand our customers’ interests and needs; or
- Enrolling our customers to receive a 6 month free trial of SIRIUS Satellite Radio.2
Once we receive a customer’s opt-out request, we process it within 10 days.
If customers choose to withdraw their consent for any of the above-mentioned reasons, the MBC Privacy Officer will identify the implications of such refusals when the request is received and, if applicable, inform customers of any restrictions on their withdrawal of their consent.
Please note that MBC is unable to process opt-out requests on behalf of our affiliated businesses and business partners. Customers must contact these businesses directly to opt out.
2 In order to activate customers’ SIRIUS Satellite Radio free trial, MBC provides SIRIUS with a customer’s name, address, phone number, vehicle identification number, and SIRIUS Satellite Radio serial number. If customers do not want their information to be provided to SIRIUS, they must opt out of the free trial within 48 hours of the time of vehicle delivery.
At MBC, we limit the collection of personal information to that which is necessary for the purposes identified to our customers, and collect personal information through fair and lawful means. For example, we limit the information we collect from drivers’ licenses for the purpose of test driving a vehicle by only recording the information required to verify the driver’s license and to identify the driver in case of vehicle theft, accident, ticket, or other liability. We also limit the collection of customer financial and contact information by only collecting information deemed necessary to process a transaction and for business development purposes.
We do not use or disclose customer personal information for purposes that are not identified at the time of collection, except with the consent of the customer or as otherwise required or permitted by law.
Customers may request a representative list of the organizations to which we disclose their personal information by contacting the MBC Privacy Officer (see “How to Contact MBC” section below).
We may disclose personal information to third parties, including the following:
- To Mercedes-Benz Financial Services Canada Corporation, government institutions (e.g. departments of motor vehicles or other relevant agencies), and insurance providers in order to process the purchase, lease, finance, or maintenance of a vehicle’
- To social media account providers, if a customer connects their social media account with MBC or vehicle functionality;
- Third party contest providers, promotions or loyalty programs, if a customer elects to participate;
- To business partners, such as:
o Mercedes-Benz dealerships not owned by MBC;
o SIRIUS Satellite Radio and Roadside Assistance, so that they can provide our customers with products and services on a trial or fee-for-service basis from these businesses;
o Maritz and JD Power, so that these businesses may request information from customers concerning the quality of our services and products as well as conduct market research so that we can better understand our customers and their needs.3
On rare occasions, we may disclose customer personal information without customer knowledge or consent where we are required or permitted by law to do so. When we are required or permitted by law to provide information, we take reasonable steps to verify the lawful authority (where applicable) for the collection and we disclose only the information that is legally required or otherwise permitted to be disclosed.
We may share personal information with our service providers and business partners when necessary to perform services on our or on the customer’s behalf, such as:
- With our Business Affiliates for the purposes described herein.
- With third parties that provide services to MBC, such as web hosting, data analytics, payment processing, IT services, voice command processing, customer service and similar processing activities.
- With our business partners to help develop and market programs, products or services and present targeted content including targeted advertising.
- With other third party businesses, if they are involved in the transaction a customer is engaged in (e.g., finance companies, leasing companies, registration services, title registration).
MBC retains customer personal information only as long as it is required for our business relationship or as required by law. We follow established procedures concerning the retention of personal information. Personal information that is no longer required to fulfill the specified purposes is securely destroyed (e.g. shredded) or erased (e.g. sanitized for electronic media) or anonymized.
In the unlikely event that MBC, any of its Affiliated Businesses, brands or substantially all of any of their assets are acquired by an unrelated third party, customer personal information may be one of the transferred assets. By providing personal information to us, customers agree that we may disclose their personal information, on a confidential basis, to any prospective transferee and its professional advisors for the purposes of their due diligence investigations, the completion of any such transaction and the continued operation of the acquired business.
3 Disclosures to business partners such as Maritz and JD Power only occur with the personal information of existing customers – not potential customers (i.e. individuals, businesses, or organizations that purchase an MBC product or service – not those who only express an interest in purchasing an MBC product or service).
We protect personal information against loss, theft, and unauthorized access, disclosure, copying, use, or modification with security safeguards appropriate to the sensitivity of the personal information. We protect personal information regardless of the format in which it is held.
At MBC, we comply with industry practices and employ reasonable security procedures to protect personal information in our custody and control. These include, but are not limited to, the following safeguards:
- Technical Safeguards: We employ reasonable technical safeguards, such as passwords, encryption, clear screen policy, the use of closed networks, and role-based access controls, for information systems from which personal information may be accessed.
- Physical Safeguards: We employ reasonable physical safeguards to protect personal information, such as by locking filing cabinets and by restricting physical access to offices and data centres.
We also protect the personal information we destroy and dispose of in order to prevent unauthorized parties from gaining access to the information during this process. This includes shredding paper documents and erasing electronic data.
Unfortunately, no data transmission or storage system is guaranteed to be 100% secure. If a customer has any reason to believe that their account, transaction or information is no longer secure, they should contact us immediately (see the “How to Contact MBC” section below.)
Customers who sell or transfer their vehicle to another person may need to take additional steps to safeguard their personal information from being disclosed to the new owner of the vehicle. Please notify us so that we can assist with any necessary additional steps.
At MBC, we make available to our customers specific information about our policies and practices that relate to the management of customer personal information. We make this information available to our customers:
- Through our privacy notices that we post and make available at MBC dealerships; and
- Via our Privacy Officer (see “How to Contact MBC” section below)
The management of customer personal information by our Affiliated Businesses and business partners is governed by the privacy policies of those businesses and is not the responsibility of MBC. Please contact these businesses directly for information about their respective data management practices.
At MBC, we make reasonable efforts to ensure that personal information we use or disclose is as accurate, complete, and up-to-date as is necessary for the specified purpose. This depends on the use of the information and takes into account the interests of the customer. For example, accuracy of information is particularly important if Mercedes-Benz Financial Services Canada Corporation is using this information to make a judgment or evaluation about a customer, such as for credit checks.
Some customer information can be modified or corrected by the customer if they log in to their account to make such changes. Customers may also contact us should their information (e.g. address, vehicle ownership information) change (see “How to Contact MBC” section below).
Upon written request, we will inform our customers of the existence, uses, and disclosures of their personal information and give them access to that information, except where we are restricted from doing so by law. Customers should make clear in their request what information they would like to have changed, whether they would like to have their personal information suppressed from our database, or otherwise let us know what limitations they would like to put on our use of the information they have provided to us.
Customers can request access to their personal information in our custody or control by contacting our Privacy Officer (see “How to Contact MBC” section below). If MBC is unable to provide access to all of the personal information that we hold about a customer, we provide the reasons for denying access to the customer.
A customer will be required to provide sufficient information so that we can confirm the customer’s identity and process the customer’s request. We only use the information provided to accurately locate the customer’s personal information.
We will respond to all requests for access to information within 30 business days from the receipt of request and at minimal or no cost to the individual. In the case where there is a cost associated with processing the request, we notify the customer in advance. The customer may then choose to withdraw his/her request.
If a customer finds that the information provided to him/her is inaccurate or incomplete, the customer may contact our Privacy Officer (see “How to Contact MBC” section below) and we will amend this information, as appropriate.
When appropriate, we will also transmit the amended information to the organizations to which we originally shared the information so that the information is correct and complete within the organizations’ records.
If we determine that it is inappropriate to amend a customer’s information, we will note this within our records.
Please note that we may need to retain certain information for recordkeeping or legal compliance purposes and/or to complete any transactions that a customer began prior to requesting such change or suppression (for instance, if a customer makes a purchase or enters a promotion, we may be unable to change or suppress the information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.
Individuals may direct inquiries, comments or complaints by submitting them in writing to the MBC Privacy Officer at:
98 Vanderhoof Ave
Toronto, ON M4G 4C9
Customer may also make inquires be calling us at 1-800-387-0100.
The MBC Privacy Officer reviews all complaints within 5 business days. If a complaint is found to be justified, our Privacy Officer will conduct an investigation and take appropriate measures to remediate the issue, including, if necessary, amending our policies and procedures, safeguards, and information management practices. The MBC Privacy Officer will inform the complainant of the results of the investigation within 30 business days from the receipt of the complaint. When investigations require more time in order to thoroughly review the issue, our Privacy Officer will provide the complainant with a timeline for completion of the investigation.
In the event that we are not able to address a complaint to the satisfaction of the complainant, he/she may contact the Office of the Privacy Commissioner of Canada by phone (1-800-282- 1376) or by filling out a complaint form available at https://www.priv.gc.ca/en/report-a-concern/file-a-formal-privacy-complaint/file-a-complaint-about-a-business/file-a-complaint-under-pipeda/ and submitting the completed form by mail to:
Office of the Privacy Commissioner of Canada
12 Kent Street
Place de Ville, Tower B
Ottawa, ON K1A 1H3